Article 10 Approval Process
Siting and regulatory approval of industrial wind energy facilities in New York State (25 MW or greater) is governed by an administrative law process called Article 10. This is a relatively new siting procedure that removes historical project approval authority from local towns ("Home Rule") and transfers project approval to the Public Service Commission located in Albany.
Article 10 is a multi-step administrative permitting process involving a written application to be filed in several stages with the state by Iberdrola for the Horse Creek project. As of April 2017, the project is in the preliminary application phase of the process.
If Iberdrola proceeds with Horse Creek, the project has the likely potential to become embroiled in a contentious and costly administrative law proceeding with Iberdrola using the procedural advantages of Article 10 to oppose Home Rule and ignore the voices of impacted residents, local governments and other project stakeholders.
River RATs will be participating in this process. We will be providing educational materials and gathering resources for Jefferson County and 1000 Islands region stakeholders to oppose the Horse Creek Wind Project.
Article 10 is a multi-step administrative permitting process involving a written application to be filed in several stages with the state by Iberdrola for the Horse Creek project. As of April 2017, the project is in the preliminary application phase of the process.
If Iberdrola proceeds with Horse Creek, the project has the likely potential to become embroiled in a contentious and costly administrative law proceeding with Iberdrola using the procedural advantages of Article 10 to oppose Home Rule and ignore the voices of impacted residents, local governments and other project stakeholders.
River RATs will be participating in this process. We will be providing educational materials and gathering resources for Jefferson County and 1000 Islands region stakeholders to oppose the Horse Creek Wind Project.
Explore Further
Horse Creek Wind Project History
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2019
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River RATs publishes Embracing the New Paradigm, a whitepaper offering critical perspectives and recommendations on amending Article 10.
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2018
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PSC Director of Policy and Implementation, Sara Osgood, introduces the concept of making Article 10 "frictionless" at the ACE NY Fall Conference.
The Depauville Free Library dedicates a Native Pathway historic marker celebrating our region's historic and present connection with Native People. The Tug Hill Commission identifies how additional regional wind turbine construction would further degrade the Montague WSR-88D Radar. Iberdrola's permit to construct Meteorological Towers in Clayton, which was obtained as part of a legal settlement after employing bullying tactics, expires after 18 months with no on-site activity. This is excellent news for River RATs, as Iberdrola's decision to not build these "met towers" prevents the company from gathering "bankable" wind speed data that is very important to institutional investors that finance wind projects. Assemblywoman Addie Jenne's bill to block subsidies for wind projects built near Fort Drum passes the NY Assembly Energy Committee 11-4. Horse Creek is identified by Politico NY as a location of significant local opposition to industrial wind. |
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2017
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River RATs participates in a work session with the Great Lakes Action Agenda, stressing the importance of protecting the project area's rare alvar terrain.
River RATs submits comments to the Fort Drum Joint Land Use Study (JLUS) Draft Report. Local land trust Ontario Bays Initiative submits a formal letter of opposition to Horse Creek to the PSC. River RATs supporters attend the Fort Drum Joint Land Use Study (JLUS) Public Meeting. While visiting Watertown, Governor Andrew Cuomo comments on wind turbine projects near Fort Drum, saying "I see the potential danger, and it's something I take very seriously" and "the opinion of Fort Drum and the people of Watertown matters most." The Jefferson County Board of Legislators passes a resolution opposing current wind projects near Fort Drum, including Horse Creek. The Watertown City Council passes a resolution opposing current wind projects near Fort Drum, including Horse Creek. More than 500 comments opposing Horse Creek are now filed with the Public Service Commission. US Congressional Representative Elise Stefanik (R-NY-21) sends a letter of concern to U.S. Army Chief of Staff General Mark Milley (a former Fort Drum Commander) about industrial wind development near Fort Drum, including the Horse Creek Wind Project. Read Rep. Stefanik's letter here. The Fort Drum Regional Liaison Organization (FDRLO) releases a formal position statement strongly opposing eight development-stage industrial wind projects near Fort Drum, including Horse Creek, citing concerns that they “will greatly reduce the installation’s training capability.” Read the story and statement here. NY Assemblywoman Addie Jenne (D-NY-116) is exploring legislation that would prevent wind projects around Fort Drum, such as Horse Creek, from receiving state subsidies. Watch Assemblywoman Jenne address this important issue. Horse Creek Wind Project has been added to the internationally-renowned Atlas of Environmental Justice (EJ Atlas). Horse Creek is first industrial wind project to be listed in New York and is the first-ever Iberdrola project to be listed in North America. On a global scale, Horse Creek is the fourth Iberdrola-backed wind project listed on the EJ Atlas, joining other controversial projects in Mexico, Brazil and Greece. View the Case File here. Iberdrola withdraws Horse Creek from the NYISO Interconnection Queue due to lack of grid capacity for the proposed project. Read the story here. NY Department of Environmental Conservation chooses the 1000 Islands, "the Garden of the Great Spirit", as the cover story for their August issue of the Conservationist. Read the story here. Audubon New York formally expresses concerns about the Horse Creek Wind Project to the Public Service Commission in Albany, citing the project's location within the Perch Lake Important Bird Area. Read the letter here. Opposition to Horse Creek continues to grow! More than 450 public comments opposing the project have now been filed with the Public Service Commission. Add your comment today! Thousand Islands Life Magazine publishes an article about Horse Creek and River RATs in their latest issue. Read the story here. More than 400 public comments opposing the project have now been filed with the Public Service Commission. Boldt Castle located just miles from the Horse Creek Wind Project, is voted the " I Love NY" #1 state tourist attraction. Read the story here. River RATs invited the local community to the Clayton Municipal Building in the Village of Clayton, NY to learn about the proposed Horse Creek Wind Project. River Residents Against Turbines made a presentation and answered audience questions. River RATs invited the local community to the Tabernacle at Thousand Island Park, NY to learnabout the proposed Horse Creek Wind Project. River Residents Against Turbines made a presentation and answered audience questions. Iberdrola continues to prepare the formal Article 10 application. River RATs anticipates Iberdrola's filing of the Preliminary Scoping Statement (PSS) with the Public Service Commission in the near future. More than 20 Horse Creek opponents joined other local citizens and attended the Fort Drum Joint Land Use Study (JLUS) Public Hearing in Evans Mills, contributing concerns about how wind turbines will interfere with military flight operations and the future economic stability and growth of Fort Drum. More than 350 public comments in opposition to Horse Creek have been submitted to the New York Public Service Commission. The Town of Clayton approves a long-overdue Comprehensive Plan which strongly indicates industrial wind power is incompatible with the Town's environmental resources, economic model, and future growth strategy. River RATs anticipates that Iberdrola will soon take the next step in the Article 10 process by filing a Preliminary Scoping Statement (PSS) with the Public Service Commission. |
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2016 |
Iberdrola holds two local information "open houses" and introduces a revised project outline, but does not define the specific location, number or height of turbines.
Iberdrola submits a Public Involvement Plan (PIP) proposing a 205 MW project consisting of 60 to 72 turbines. This more than doubles project capacity size from previous iterations (96 MW, 48 turbines). A Western EcoSystems Technology, Inc. employee is observed conducting avian counts in the project area. The Town of Clayton is sued by Iberdrola/Atlantic Wind LLC to lift a six month month wind energy moratorium enacted by Clayton officials to study industrial wind compatibility with the Town. After a costly lawsuit, Clayton officials approve test towers in exchange for Iberdrola/Atlantic Wind LLC withdrawing their lawsuit. Iberdrola conducts preliminary site tests and seeks approval for meteorological test towers to gather wind data. Shortly after the New Year and extension of the Production Tax Credit, Iberdrola announces its intention to restart development of the Horse Creek Wind Project. Iberdrola files preliminary documents with the Article 10 process. |
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2015 |
After extensive wind energy lobbying, the Production Tax Credit and Investment Tax Credit is extended on December 18, 2015, in the FY Omnibus Appropriations Bill.
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2011 |
The Federal Production Tax Credit begins to phase out. Similar to many wind developers, Iberdrola halts development on the Horse Creek Wind Project and leaves Clayton. Iberdrola prepares a Draft Environmental Impact Statement (DEIS) for Horse Creek, calling for a 96 MW project consisting of 48 turbines rated at 2 MW turbines in the Town of Clayton. |
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2006-2010 |
PPM Energy and later Iberdrola push forward with the Horse Creek Wind Project, signing wind leases with landowners, conducting preliminary studies, and making a limited number of presentations to local communities. |
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2006 |
PPM Energy expresses interest in developing an industrial wind facility in Clayton, naming their project Horse Creek after a local creek of the same name. PPM Energy is bought by Iberdrola in 2008. |
Horse Creek's development timeline suggests that Iberdrola’s interest is not driven by a desire for community betterment, but rather the availability of tax credits. If Iberdrola’s interest was truly community-based and the project was as economically robust as claimed, then why did Iberdrola mothball the project and leave the community in 2011?
The timing of Iberdrola’s restarting the project after the December 2015 PTC extension strongly suggests that these federal wind subsidies - that is the Spanish company's receiving and profiting from American taxpayer dollars - are the primary reason for Horse Creek. This pattern of start and stop activity based on tax and monetary incentives fits the pattern of wind development across the United States.
Again we ask - Why put all this in jeopardy for the poorly sited Horse Creek project?
The timing of Iberdrola’s restarting the project after the December 2015 PTC extension strongly suggests that these federal wind subsidies - that is the Spanish company's receiving and profiting from American taxpayer dollars - are the primary reason for Horse Creek. This pattern of start and stop activity based on tax and monetary incentives fits the pattern of wind development across the United States.
Again we ask - Why put all this in jeopardy for the poorly sited Horse Creek project?
Explore Further
Learn about the Production Tax Credit (PTC) extension that makes industrial wind economically viable
