The state Public Service Commission is sticking to its initial decision to deny the Development Authority of the North Countrys request for Cape Vincent Wind Project intervenor money.
In his second ruling Thursday, PSC administrative law judge and case examiner Paul Agresta determined DANC is ineligible for intervenor funding provided by BP Wind Energy.
DANC had applied for $10,000 to let its attorney assist it through the state Article X pre-application process for BPs 124-turbine wind farm project.
I have reached the conclusion that DANC is not eligible for intervenor funding because it is a state entity and not a local entity, Mr. Agresta said in his ruling.
Last month, DANC had appealed Mr. Agrestas tentative decision to deny the authoritys request for money, arguing it was a local party eligible for funding under state law and innocent end-users of the regional waterline should not have to bear the costs of DANCs participation in the wind farm siting process.
The membership of DANC includes five members whose appointments are made by the governor in a manner that is independent of local recommendation. DANCs makeup therefore falls within the definition of state authority and not within the definition of local authority, Mr. Agresta said.
Of the $99,750 BP Wind Energy was required to provide, $93,600 was awarded earlier this month to the town of Cape Vincent, Wind Power Ethics Group and town of Lyme.
Leftover intervenor money is eventually returned to the applicant after the state siting boards jurisdiction over an application has ceased.