In response to a question posed at the Public Hearing on the Cohocton Windmill Local Law #2, held by the Cohocton Town Board,June 14, 2006.To the Springwater resident who made the statement regarding the decommissioning of Wind Turbines in Cohocton. If you had taken the time to read the Windmill Law #2, you would have found the answer to your statement on page 10.
(f) Sureties
(i)
Performance Bond (Removal).The owner of a windmill, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the windmill is discontinued.If transmission/ distribution service from a windmill is to be discontinued for a period exceeding six (6) months, the owner of such windmill shall notify the Code Enforcement Officer within thirty (30) days of the date such discontinuance commenced.Any windmill which has been out of active and continuous service for a period of one (1) year shall be removed from the premises to a place of sale and legal disposal. Any and all structures, guy cables, guy anchors and/ or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within eighteen (18) months of the cessation of active and continuous use of such windmill.
You made a statement that you were annoyed with “wind people” who speak without doing their research. Out of respect, we suggest you, as a non-resident of Cohocton, either read the documents before speaking or let the residents of our town propose the questions and seek their own answers. If you haven't figured out the responsibility for decommissioning yet, it is UPC Wind; they are the owners of the windmills.
YES! Wind Power for Cohocton
Box 164
Cohocton, New York, 14826
(f) Sureties
(i)
Performance Bond (Removal).The owner of a windmill, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the windmill is discontinued.If transmission/ distribution service from a windmill is to be discontinued for a period exceeding six (6) months, the owner of such windmill shall notify the Code Enforcement Officer within thirty (30) days of the date such discontinuance commenced.Any windmill which has been out of active and continuous service for a period of one (1) year shall be removed from the premises to a place of sale and legal disposal. Any and all structures, guy cables, guy anchors and/ or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within eighteen (18) months of the cessation of active and continuous use of such windmill.
You made a statement that you were annoyed with “wind people” who speak without doing their research. Out of respect, we suggest you, as a non-resident of Cohocton, either read the documents before speaking or let the residents of our town propose the questions and seek their own answers. If you haven't figured out the responsibility for decommissioning yet, it is UPC Wind; they are the owners of the windmills.
YES! Wind Power for Cohocton
Box 164
Cohocton, New York, 14826
posted by Yes! Wind Power for Cohocton at
8:09 AM
5 Comments:
The Springwater resident got it right and you have it wrong. A letter of credit isn't worth the paper it's printed on if the company is NO LONGER IN BUSINESS. Would you accept a letter of credit only good 20 years from now? You'd be a damn fool if you did. Do you even know what a letter of credit is? Is is NOT an instrument used for far looking FUTURE transactions.
By
Anonymous, at 4:50 PM
Jim (formosa),
As I remember, the Springwater resident that evening did take not take issues as to whether or not a “letter of credit” was satisfactory or not. The issue she presented was who will be responsible for removing the turbines? The answer to that is the developer. The developer has been held responsible for removing turbines in both Local wind laws 1 and 2. I actually suggested to the planning board that the law not only cover removal of the turbine, but also remove the concrete pad to a level below ground to allow for future crop usage.
I suggest rather than firing upon the local law, use your apparent knowledge of Performance Bonds and Letters of Credit and do what I did. Suggest what would be appropriate for far looking future transactions, something besides your current stand of not building them at all.
Rick Towner
By
Anonymous, at 6:27 AM
Rick Towner,
For anyone to put in the language of a letter of credit in the law for the purpose of decommission responsibility is hard to beleive. Any attorney with even a cursory knowledge of contract/business law would know this. Looks good, sounds good, isn't enforceable.
By
Anonymous, at 11:21 AM
When I spoke of letters of credit, I was speaking of commerical letters of credit. There are also irrevokable letters of credit that would perform long term - and would be between the financial institution and the town. Please post the correction.
formosa
By
Anonymous, at 12:19 PM
Postings by formosa are the writings of James Lince, Wagner Gully Rd., Cohocton, New York.
By
Yes! Wind Power for Cohocton, at 5:17 AM
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