“The petition for rehearing failed to make an adequate
showing that the Siting Board committed an error of law or fact, or that new
circumstances warrant a different determination,” said Siting Board Chair John
B. Rhodes. “Appropriately sited wind farms, such as Baron Winds, provide clean
and renewable energy and are essential as we continue on the road toward a
zero-carbon emission electric sector by 2040.”
The petition for rehearing, submitted by three residents,
challenged the Siting Board’s May 6, 2020 decision approving amendments to
Baron Winds’ Article 10 Certificate on the grounds that the Siting Board failed
to consider the potential enactment of a local law regarding heights of
turbines. In its denial of the rehearing petition, the Siting Board said it’s
not required to reevaluate projects for compliance with new local laws passed
after issuance of a final determination, nor is there a requirement that the
Siting Board reverse its decision or delay rendering a decision because a town
is considering a new local law.
In addition to its rehearing decision, the Siting Board
approved three compliance filings submitted by the developer related to
conditions for construction and operational impact mitigation, including providing
details on communication protocols with community members regarding
construction plans, a plan to address complaints for construction and
operational phases of the project (including specific procedures for responding
to noise complaints), and providing $20,000 for recreational or aesthetic
mitigation for the benefit of Loon Lake in Steuben County.
The 242-megawatt (MW) Baron Winds project will be built in
two phases. The first phase will be 166.6 MW and includes 33 turbines, with up
to 26 turbines having a maximum height up to 650 feet, with associated
electrical collection lines, access roads, meteorological towers, an operation
and maintenance building, and a collection substation. The first phase will be
located in the Towns of Cohocton, Dansville and Wayland in Steuben County. The
facility will be located on privately leased rural land that could continue to
be used for farming, forestry and other comparable uses.
As described by the developer, the project would have a
major positive economic impact on the host communities, including creating 117
direct jobs in construction and construction-related services in the State,
with workers earning a total of approximately $5.8 million. The developer
estimates that the facility would generate 10 onsite jobs during the annual
operation of the facility, with earnings of approximately $300,000 to $400,000,
along with 22 construction jobs created specifically in Steuben County, with
estimated earnings of $1 million.
The Siting Board examiners determined that the wind farm
will be a beneficial addition to the electric generation capacity of the State
and is consistent with the State’s energy policy and planning objectives. The
facility will also serve the goals of improving fuel diversity, grid
reliability, and modernization of grid infrastructure. Fuel diversity will be
improved through generation of electricity with wind power rather than with
fossil fuels; grid reliability will be improved through additional generation
of power from a separate site through a different energy source; and
modernization of the grid will result from construction of a new electric
generating facility. The Siting Board’s decision to grant the certificate is
subject to lengthy and detailed conditions that will address the concerns of the
parties and ensure that, as built and operated, the project will be consistent
with the findings and conclusions of the Siting Board.
Additionally, local governments will receive PILOT payments
of approximately $25.7 million over 20 years. Host towns will also receive
payments estimated to be up to approximately $12 million over 20 years under
community agreements. Participating landowners will also receive payments under
agreements with the applicant. In making its initial determination, the Siting
Board determined that, with appropriate certificate conditions in place, any
impacts to the environment have been avoided or, if unavoidable, mitigated to
the maximum extent practicable. Baron Winds filed its formal application with
the Siting Board on Nov. 29, 2017. Stakeholders in the proceeding included
local elected officials, area residents and environmental advocates, several
state agencies, including the Department of Environmental Conservation, the
Department of Health and the Department of Agriculture and Markets.