First Wind files Amendment 5 to SEC Registration Statement

Lots of great information about the process and financing of wind development in New York State and elsewhere contained in Amendment No. 5 to FORM S-1 REGISTRATION STATEMENT of First Wind Holdings, Inc. before the U.S. SECURITIES AND EXCHANGE COMMISSION, filed March 26, 2010. As we know, New York is desirable for wind development because of a rich wind resource, relatively high electricity rates and its progressive renewable energy policies such as the Renewable Portfolio Standard (RPS). Here are some excerpts:

Our Portfolio of Wind Energy Projects
Operating Projects

Cohocton is a 125 MW project in Steuben County, New York. Cohocton commenced commercial operations in January 2009. The project consists of 50 2.5 MW Clipper turbines. Cohocton is the third largest wind project in the state of New York. Similar to Mars Hill (described below), Cohocton qualifies a portion of its energy for New England RECs. The project provides local benefits to the community through property tax revenue and economic development, along with local renewable power sales.

Cohocton wheels approximately 55% of its energy to ISO-NE where its RECs are sold to various counterparties. 40% of Cohocton’s RECs are sold to the New York State Energy Research and Development Authority (NYSERDA) under 10-year, fully financeable contracts. The remaining 5% of Cohocton’s RECs is sold into the voluntary REC market. Cohocton’s power is also sold directly into NYISO Zone C where it receives floating power prices. To stabilize Cohocton’s electricity revenue, we entered into a swap with an affiliate of Credit Suisse for approximately 70% of expected generation through the end of 2014. Cohocton was among the first recipients of an ARRA grant, receiving approximately $76 million in September 2009. The remainder of our construction costs at Cohocton are financed with a combination of senior project debt from HSH Nordbank and Norddeutsche Landesbank Girozentrale and structurally subordinated debt of CSSW, LLC. Our total installed development and construction costs for Cohocton were approximately $270 million, including approximately $10 million of financing-related costs and excluding prepaid turbine maintenance and warranty costs. We estimate Cohocton’s long-term NCF [net capacity factor] will be approximately 25% to 27%, as described further in “Management’s Discussion and Analysis of Financial Condition and Results of Operations.”…

Steel Winds I

Steel Winds I, which commenced commercial operations in June 2007, is a 20 MW project on the shores of Lake Erie in Lackawanna, New York, just south of Buffalo. The larger site on which the project is located was formerly a steel mill. The project consists of eight 2.5 MW Clipper turbines, the first turbines of this type Clipper produced. We undertook this project primarily as a means of testing and gaining operating experience with the Clipper wind turbines. The project’s relatively small size allowed us to initially finance the project with 100% equity, which provided more flexibility as we worked with Clipper to understand the technology and deal with start-up issues that can be common in new turbine designs. We anticipate expanding Steel Winds in 2010 to bring the total project size to 35 MW, which we believe will introduce benefits of scale.

For power at Steel Winds I we receive floating power prices within New York Independent System Operator (NYISO) Zone A. To stabilize this revenue, we entered into a swap with an affiliate of Morgan Stanley. The volume of this swap is approximately 95% of Steel Winds’ expected output. This hedge expires at the end of 2016. In January 2010, we entered into a five-year PPA with an affiliate of Just Energy Income Fund for all RECs from the project. Steel Winds I qualifies for PTCs and MACRS depreciation and receives cash payments for electricity and RECs. Our total installed development and construction costs for Steel Winds I were approximately $35 million, excluding prepaid turbine maintenance and warranty costs, and are financed by a combination of equity and structurally subordinated debt of CSSW, LLC. We estimate Steel Winds I’s long-term NCF will be approximately 29% to 31%, as described further in “Management’s Discussion and Analysis of Financial Condition and Results of Operations.”…

2010 Projects

…       Steel Winds II

Steel Winds II is a 15 MW expansion project in Lackawanna, New York. It will consist of six 2.5 MW Clipper turbines and will use our existing infrastructure, including interconnection equipment and site personnel. We are currently in the process of securing the necessary land and other rights to conduct and operate the project. The project’s System Reliability Impact Study and Facilities Study is complete and we are working towards an interconnection agreement with the New York Independent System Operator (NYISO) and National Grid. While we continue to evaluate alternatives, we anticipate selling power from Steel Winds II directly into the market through NYISO Zone A and hedging our revenue with a financial swap. We estimate that our total installed development and construction costs for Steel Winds II will be approximately $40 million, including approximately $5 million of financing-related costs and excluding prepaid turbine maintenance and warranty costs. We estimate that Steel Winds II’s long-term NCF will be approximately 28% to 30%….

Purchase of Prattsburgh Real Property

On February 22, 2008, we entered into a purchase agreement with Windfarm Prattsburgh, LLC, a Delaware limited liability company and our indirect wholly owned subsidiary; UPC Wind Partners II, LLC; and BEC New York Properties, LLC, a Delaware limited liability company that is owned by Brian Caffyn, with respect to a parcel of land situated in the town of Prattsburgh, New York pursuant to which Windfarm Prattsburgh, LLC purchased the parcel of land from BEC New York Properties, LLC. Windfarm Prattsburgh, LLC agreed to purchase the parcel for (i) consideration of 152,527 Series A Units in UPC Wind Partners LLC to be granted to UPC Wind Partners II, LLC as the seller’s designee and (ii) a payment of $23,000 from Windfarm Prattsburgh, LLC to BEC New York Properties, LLC. In connection with that transaction, First Wind Holdings, LLC granted 152,527 Series A Units for non-cash consideration to UPC Wind Partners II, LLC….

Project Development Costs
… Should the Company decide to abandon or discontinue development of a Tier 1 project, previously capitalized costs are charged to expense in the period that such determination is made. At December 31, 2008, the Company determined that it was more likely than not that it would discontinue development of its Prattsburgh I project, which is located in New York. Upon reaching this determination, previously capitalized development costs of $3.5 million were expensed in December 2008 and included in project development expenditures in the statement of operations. In December 2009, the Company discontinued the development of the Prattsburgh I project….

Legal Proceedings

The Company is involved from time to time in litigation and disputes arising in the normal course of business, including proceedings contesting our permits or the operation of our projects. Management does not believe the following proceedings will, if determined adversely, have a material adverse effect on the financial condition, results of operations and liquidity of the Company:

On July 15, 2008, the Company was served with a civil subpoena by the New York State Attorney General relating to an investigation into its activities in the State of New York. In response to the subpoena, First Wind produced documents and information relating principally to the New York State Attorney General’s investigation into: (i) whether the Company improperly sought or obtained land-use agreements with citizens and public officials, (ii) whether improper benefits were given to public officials to influence their actions and (iii) whether the Company and its competitors entered into anti-competitive agreements or practices. The Company cooperated fully with the requests of the New York State Attorney General, with the assistance of outside counsel. Outside counsel also conducted its own internal investigation on behalf of the Company. On October 29, 2008, the Company voluntarily agreed to implement a Code of Conduct, created by the New York State Attorney General to govern the Company’s future conduct in connection with wind energy project development in New York State. The Company entered into a subsequent version of the New York code in October 2009. The Company has been advised by the New York State Attorney General’s office that it is not currently under investigation….

Source: First Wind SEC filing. See also “Wind-Power Developer First Wind To Price IPO In April”  from Dow Jones (3/31)

New York Attorney General announces 17 wind developers sign new code of conduct

After months’ long discussions with New York’s wind industry, New York State Attorney General announced that the great majority of wind developers in the state have embraced a new and improved Code of Conduct aimed ostensibly at bringing transparency to the wind development industry. From the press release:

Attorney General Andrew M. Cuomo today announced that 16 companies [17 as of later in the day as Reunion also signed on] representing the vast majority of wind energy activity in New York state (more than 90 percent) have signed his Wind Industry Ethics Code, facilitating the development of renewable energy while helping assure that the industry is acting properly and within the law. The Code calls for oversight through an advisory Task Force and unprecedented transparency that will deter improper relationships between wind development companies and local government officials…

The signatory companies are:

  • Acciona Wind Energy USA, LLC
  • BP Wind Energy North America, Inc.
  • Ecogen Wind, LLC
  • E.on Climate and Renewables North America, Inc.
  • Everpower Wind Holdings, Inc.
  • First Wind (formerly known as UPC Wind)
  • Horizon Wind Energy, LLC
  • Iberdrola Renewables, Inc.
  • Invenergy Wind Development, LLC
  • Noble Environmental Power, LLC
  • Northwind & Power, LLC
  • Pattern Energy Group Holdings
  • Penn Energy Trust, LLC
  • Shell WindEnergy, Inc.
  • Sustainable Energy Trust, Inc.
  • Upstate NY Power Corp.

Noble and First Wind had signed on to the Attorney General’s version 1.0 of the wind code of conduct, after being investigated for alleged improper activities. Version 1.0 was criticized as a fairly blunt instrument.

Arms apparently twisted, Reunion Power signed late in the day, only after the AG subpoenaed the company (from the press release: “The Attorney General also announced that as part of its ongoing investigation into allegations of improper dealings, his office issued a subpoena to Reunion Power, which has potential wind farm development in Otsego, Schoharie and Warren Counties, and has not agreed to sign the Code.”)

Carol E. Murphy, head of the Alliance for Clean Energy, instrumental in seeing the new version through, said:

This set of guidelines incorporates best industry practices and sets a new standard of transparency and public integrity that goes far beyond existing state law and what other industries must comply with. ACE NY is hopeful that this public commitment to transparency will be a standard for all sectors engaging in development of New York State’s resources while enabling project development and investment to move forward…

Here for version 2.0 of New York’s wind industry Code_Conduct.

Court rejects Prattsburgh wind ethics violation allegation

Opponents of the 36-turbine Windfarm Prattsburgh LLC project recently lost their judicial challenge, made on ethics grounds, to the votes cast by Town Supervisor Harold McConnell in favor of permitting the Town of Prattsburgh to exercise eminent domain against certain town properties for the purpose of laying electrical lines to serve the wind farm.

In her February 26 decision, Judge Marianne Furfure of the Supreme Court of New York (Steuben County), found that Supervisor McConnell had not violated General Municipal Law section 805-a or the Town’s Code of Ethics. The judge therefore rejected petitioners’ challenge to the June 24, 2008 decision of the Town Board to allow eminent domain to proceed.

The controversial project requires electric lines to be buried. Supervisor McConnell, an advocate of the project, cast a tie breaking vote on June 24, 2008, to approve the condemnation of certain town properties to permit the placement of such lines.  Supervisor McConnell in late 2007 had, in his private role as a real estate agent, received $1900 from the seller’s agent in a transaction between Windfarm Prattsburgh LLC and a local property owner (whose property, because of the transaction, was not required to be condemned). (The opponents earlier in the month lost an appellate court challenge to the eminent domain decisions themselves.)

Project opponents alleged that he was therefore not sufficiently disinterested to cast votes on a preliminary April 2008 and the subsequent June 2008 Town Board resolutions, in violation of state law and the Town Ethics Code.  After first determining that the court had jurisdiction and the petitioners had standing, the court concluded that the April 2008 resolution was not a final decision and so was not appealable.

As for the June 2008 decision and McConnell’s vote, the court reasoned that

[g]iven the isolated nature of the transaction, the time frame within which it occurred, and McConnell’s long standing support of  project, it cannot be said, under all the circumstances, that the monies he received were a gift from Windfarm for any official action on his part or compensation for a matter pending before the Board… Under all the circumstances, receipt of this broker’s commission did not create the likelihood that McConnell’s vote to condemn was influenced by the payment he received.

As consequence, the court declined to annul the June 2008 decision.

The case is Dudley v. Town Board of the Town of Prattsburgh, 2009 NY Slip Op 50317U, 2009 NY Misc. Lexis 472) (Sup. Crt of New York (Steuben County), Feb. 26, 2009).

The issue raised in the case -ethics in the wind development context- is the basis for the investigation of New York Attorney General Andrew Cuomo into the activities of wind developers and town officials in New York state.

New York wind project and siting developments

From recent press reports and the blogosphere:

Bonus wind energy quote of the day:

I look at it as my midlife thing. Some people get a Corvette, or a new woman. I got a windmill.

-Steve Rigoni of the Town of Pavilion (Genesee County) quoted in Buffalo News, 12/2, article on small-scale residential wind generation. Related story at WHEC-TV, 12/2

Group of landowners interested in publicly owned wind farms to host informational meeting on municipal wind projects December 13 in Town of Cape Vincent (Jefferson County). Watertown Daily Times, 12/2

Town of Pompey (Onondaga County) enacts wind development moratorium. Syracuse Post-Standard, 12/4. Text of Local Law No. 5 of 2008 imposing the six-month wind power generating facilities moratorium is here. It is a broad moratorium and covers small-scale turbines.

Interesting thought piece from Albany Law’s Patty Salkin on the New York State Attorney General’s efforts to regulate wind project siting. Is this a backdoor attempt by the AG to regulate municipal zoning officers? International Municipal Lawyers Association – Local Government Blog, 12/3

New York Attorney General voluntary wind energy “code of conduct”

The New York Attorney General’s Office released a voluntary self-styled code of conduct for wind developers last week. The office now has has posted the document on its website. Text follows:

Wind Farm Development is a renewable energy source that should be fostered and encouraged. The Office of the Attorney General has received numerous complaints regarding Wind Farm Development from citizens, groups, and public officials alleging improper relationships between Wind Companies and local officials. To foster economic development and renewable energy, and promote public integrity in Wind Farm Development, the Office of the Attorney General has created the following Code of Conduct. The Code of Conduct will be monitored by an ongoing Advisory Task Force (the “Task Force”) assembled simultaneously herewith. Founding members of the Task Force will include a representative from each of the following agencies: the Franklin County District Attorney’s Office, the Monroe County District Attorney’s Office, the Wyoming County District Attorney’s Office, The New York State Association of Counties, and The Association of Towns of the State of New York. The Task Force shall also include a representative of the Office of the New York State Attorney General, and a designee of the Office of the New York State Attorney General who is not a member of that office.

CODE OF CONDUCT FOR WIND FARM DEVELOPMENT

The below-signed Wind Company voluntarily agrees to implement the following Code of Conduct to govern its future conduct in connection with Wind Farm Development in New York State.

I. CONFLICTS OF INTEREST – PROHIBITED

1. General Standard: The Wind Company shall not directly or indirectly offer to, or confer on, a Municipal Officer, his or her Relative, or any third party on behalf of such Municipal Officer any benefit under circumstances in which it could reasonably be inferred the benefit would induce such Municipal Officer to commit an official act or to refrain from performing an official duty in connection with Wind Farm Development, unless such Municipal Officer recuses him or herself from any official duties in connection with Wind Farm Development.

2. No Gifts: The Wind Company shall not give any Municipal Officer, his or her Relative, or any third party on behalf of such Municipal Officer, any gift or gifts totaling more than ten dollars ($10.00) in the aggregate during any one-year period.

3. No Compensation for Services: The Wind Company shall not employ, hire, retain or compensate, or agree to employ, hire, retain or compensate, any Municipal Officer whose official duties involve Wind Farm Development in connection with the Wind Company, or his or her Relative, within two years of the time that such Municipal Officer had such duties, unless such Municipal Officer first recuses him or herself from any official conduct in connection with such Wind Farm Development. Accordingly, any compensation provided by the Wind Company to such Municipal Officer, his or her Relative, or third party on behalf of such Municipal Officer or Relative, shall be contingent on such prior recusal. The Wind Company shall disclose in writing to the Task Force and the Office of the Attorney General any agreement that is contingent on such recusal.

4. No Contingent Compensation: The Wind Company shall not provide or agree to provide compensation to any Municipal Officer or his or her Relative that is contingent upon such Municipal Officer’s action before or as a member of any Municipal agency.

5. No Honorarium: The Wind Company shall not confer on any Municipal Officer or his or her Relative any honorarium during the Municipal Officer’s public service, or for a period of two years after termination of such Municipal Officer’s service.

6. Restrictions on Easements/Leases with Municipal Officers: The Wind Company shall not enter into any agreement with any Municipal Officer that requires the Municipal Officer to support or cooperate with Wind Farm Development in any manner that relates to the Municipal Officer’s official duties.

7. Confidential Information: The Wind Company shall not solicit, use, or knowingly receive confidential information acquired by a Municipal Officer in the course of his or her official duties.

8. Restrictions on Legal Representation: The Wind Company shall not agree to pay legal fees for any Municipal Officer or Municipality in connection with any investigation by any law enforcement agency.

II. PUBLIC DISCLOSURE

For events transpiring after the date that this Code of Conduct is signed, the Wind Company shall make the disclosures as set forth in this section. For any financial interest held by a Municipal Officer or his or her Relative in any property Identified for Wind Farm Development prior to the date of this Code of Conduct, the Wind Company shall make the disclosure of the Municipal Officer and the nature and scope of the financial interest by a chart submitted to the Office of the Attorney General and displayed on a website hosted by the Wind Company. The format of the chart shall be subject to the approval of the Office of the Attorney General.

1. The Wind Company shall publicly disclose the full names of any Municipal
Officer or his or her Relative who has a financial interest in any property Identified for Wind Farm Development, and the nature and scope of the financial interest in the following manner:
a. Submit the information in writing for public inspection to the Clerk of such Municipality.
b. Publish the information in a newspaper having a general circulation in such Municipality.
c. Display the information on a website hosted by the Wind Company.
d. Submit the information in writing to the Task Force and the Office of the Attorney General.

2. All Wind easements and leases shall be in writing. The Wind Company shall promptly file, duly record, and index an abstract or memorandum of such agreements in the Office of the County Clerk for the county in which the subject property is located; if property owner is a Municipal Officer or his or her Relative, then the Wind Company also shall post an abstract or memorandum of any such agreement on a website hosted by the Wind Company.

3. The abstract or memorandum of such agreements shall, at a minimum, include:
a. the full names and addresses of the parties;
b. a full description of the property subject to the agreement;
c. the essential terms of the agreement, including the rights conveyed by the property owner and, if the property owner is a Municipal Officer or his or her Relative, which of the following ranges encompasses the actual monetary consideration offered by the Wind Company or, if the actual monetary consideration is not fixed, the Wind Company’s estimate of the monetary consideration:
i. Under $5,000
ii. $5,000 to under $20,000
iii. $20,000 to under $60,000
iv. $60,000 to under $100,000
v. $100,000 to under $250,000
vi. $250,000 to under $500,000
vii. $500,000 to under $1,000,000
viii. $1,000,000 or higher.

III. EDUCATION AND TRAINING

1. The Wind Company shall promptly provide a copy of this Code of Conduct and a written statement of its intention to comply with this Code of Conduct to the government of any Municipality in which it engages in Wind Farm Development.

2. Within one week of the announcement of this Code of Conduct, the Wind
Company shall publish this Code of Conduct on a website hosted by the Company and on any internal computer network (intranet) site that can be accessed only by its officers or employees, distribute copies of this Code of Conduct among its officers and employees, and post copies in its main office and at any local Wind Farm Development office.

3. Within thirty days of the announcement of this Code of Conduct, the Wind
Company shall conduct a seminar for all officers and employees, except those who perform solely administrative/clerical, accounting, or building maintenance functions, about identifying and preventing conflicts of interest when working with Municipal Officers.

4. Within thirty days of the seminar, the Wind Company shall obtain acknowledgement forms from each of its employees, certifying that they have: (i) attended the seminar required by paragraph 3 of this section, unless they fall into the exception therein, and (ii) have read and agree to comply with this Code of Conduct. If, due to exceptional circumstances, an officer or employee is unable to attend the seminar required in paragraph 3 of this section, alternative arrangements should be made as soon as is practical for such officer or employee to receive the training described in paragraph 3 and sign the acknowledgement form. The Wind Company shall discontinue employment of anyone who fails to attend the seminar, or its equivalent, or sign the acknowledgment form.

5. The Wind Company shall distribute to all its employees and post prominently in all its work locations as well as on its website or intranet system the NYS Attorney General’s Public Integrity Hotline with instructions that any misconduct, violation of the law, or corruption of any sort in connection with Wind Farm Development; or any violation of this Code of Conduct shall be promptly reported to the New York State Attorney General.

6. Upon discovery by the Wind Company that a Municipal Officer or his or her
Relative has entered into a lease or easement with the Wind Company, the Wind Company shall (i) notify the attorney for the Municipality and (ii) recommend to such Municipal Officer that he or she consult with the Municipality’s attorney concerning his or her legal obligations, including any obligation to recuse him or herself.

IV. ENFORCEMENT AND COMPLIANCE

1. The Office of the New York State Attorney General shall establish the above-referenced Task Torce to provide oversight of Wind Farm Development and monitor compliance with this Code. The Task Force shall include, among others, local elected officials, including District Attorneys, and others designated by the Office of the Attorney General. The Task Force shall report only to the Office of the New York State Attorney General. The Office of the New York State Attorney General shall establish responsibilities and guidelines for the Task Force.

2. For three years following the Wind Company’s agreement to this Code of Conduct or until the Wind Company ceases operations in New York State, whichever is earlier, the Wind Company shall contribute a proportional share of the reasonable administrative costs of the Task Force, in an amount to be determined by the Task Force. So long as the Wind Company operates in New York State, it shall fully cooperate with the Task Force.

3. Should the Wind Company discover any conduct in violation of the provisions of this Code, the Wind Company shall promptly disclose such information to the Office of the New York State Attorney General. The Wind Company shall fully cooperate with the Office of the New York State Attorney General in any investigation arising out of such violation.

4. The Task Force shall give notice of any complaints relating to the Wind Company to the Office of the New York State Attorney General. The Task Force may decide not to refer such a complaint, if it determines that it involves a matter relating to this Code of Conduct that can be resolved by the Task Force. The Task Force may refer such complaints to the Office of the New York State Attorney General. With respect to any complaint referred to the Office of the New York State Attorney General by the Task Force, the Office of the New York State Attorney General shall advise the Wind Company of the complaint and give the Wind Company a reasonable opportunity to obtain and submit to the Office of the New York State Attorney General information relevant to the complaint. After providing such opportunity, the Office of the New York State Attorney General shall determine, in its reasonable discretion, and based on a reasonably comprehensive factual investigation including any information provided by the Wind Company, whether a preponderance of the evidence establishes that the Wind Company has violated this Code of Conduct in any material respect. In the event that a violation of any provision set forth in this Code is found, the Wind Company shall pay a civil penalty of up to $50,000 for the first violation, and up to $100,000 for any subsequent violation. In setting any penalty amount, the Office of the New York State Attorney General shall consider the relative severity of, and the relative harm to public integrity occasioned by, the violation. Any payment shall be made by certified check made payable to the “State of New York.” The Wind Company shall have the right to challenge the Office’s finding of a violation and determination of penalty amount before a court of competent jurisdiction, but shall pay any assessed penalty to the State of New York pending the resolution of any such court challenge.

5. The Wind Company and the Office of the New York State Attorney General shall meet to review the terms of this Code both four months and one year from the date on which this Code is signed.

V. DEFINITIONS

Unless otherwise stated or unless the context otherwise requires, when used in this
Code:

1. “Gift” means any thing having more than a nominal value whether in the form of money, service, loan, investment, travel, entertainment, hospitality, or in any other form and includes an offer to a charitable organization at the designation of the Municipal Officer or at the designation of his or her Relative.

2. “Honorarium” means any payment made in consideration for any speech given at a public or private conference, convention, meeting, social event, meal or like gathering.

3. “Identified” means that the Wind Company has begun to pursue the purchase or lease of, or an easement on, real property in which the Wind Company knows, or through the exercise of reasonable diligence should have known, that a Municipal Official or his or her Relative has a financial interest in the property.

4. “Municipality” means a county, city, town, village, public authority, school district, or any other special or improvement district, but shall have no application to a city having a population of one million or more or to a county, school district, or other public agency or facility therein.

5. “Municipal Officer” means any officer or employee of a municipality, whether paid or unpaid, and includes, without limitation, all members of any office, board, body, advisory board, council, commission, agency, department, district, administration, division, bureau, or committee of the municipality. It also includes any entity that is directly or indirectly controlled by, or is under common control with, such officer or employee.
a. “Municipal Officer” shall not include:
i. A judge, justice, officer, or employee of the unified court system;
ii. A volunteer firefighter or civil defense volunteer, except a fire chief or assistant fire chief; or
iii. A member of an advisory board of the municipality if, but only if, the advisory board has no authority to implement its recommendations or to act on behalf of the municipality or to restrict the authority of the municipality to act.

6. “Relative” means a spouse, domestic partner, child, step-child, sibling, or parent of the Municipal Officer, or a person claimed as a dependent on the Municipal Officer’s latest individual state income tax return.

7. “Wind Farm Development” means any stage of past, present or future development or siting of wind farms, wind turbines, wind power and related facilities or wind power projects; whether considered planned, attempted or completed, including but not limited to permitting, licensing, construction and energy production.

VI. FORMS

The following forms shall be used to comply with the disclosure requirements in Sections II and III above.

1. Disclosure under paragraph II.1.a. above shall be made with the following form:

PROPERTY INTEREST OF MUNICIPAL OFFICER
FOR FILING WITH CLERK OF MUNICIPAL ENTITY
Please take notice that a Municipal Officer has a financial interest in a property identified for
Wind Farm Development by the Wind Company as set forth below:
Name of Municipal Official:
Name of Municipality and Position that Municipal Official Holds:
Name of Wind Company:
Address of Wind Company:
Description of Property:
Street Address:
Town/City:
Section/Block/Lot #:

2. Disclosure under paragraph II.1.b. and c. above shall be made with the following form:
PUBLISHING ABSTRACT
NOTICE OF CONVEYANCE OF PROPERTY INTEREST
BY MUNICIPAL OFFICER TO WIND COMPANY
Please be advised that [Name of Municipal Official] who holds that position of _________ with the ____________ of ____________, New York, has conveyed a _________________ to [Name of Wind Company] for property with the following street address and section/block/lot number in the ________ of _________, New York. An abstract with more information concerning the transfer is available with the ______ Clerk of the _______ of _________.

3. Disclosure under paragraph III.6. above shall be made with the following form:
NOTICE TO MUNICIPAL OFFICER
Dear Municipal Official:
It has come to our attention that either you and/or one or more of your relatives may be a
Municipal Officer or Employee that has transferred or otherwise conveyed an interest in real property to a wind company.
We strongly recommend that you contact your municipality’s attorney to discuss possible obligations, including, but not limited to the obligation under certain laws to recuse yourself from certain matters involving that wind company.
DATED: New York, New York
October 30, 2008
_____________________________
________________________
Andrew M. Cuomo
Attorney General
of the State of New York

New York wind updates

More zoning challenges across the state described in local papers.

Allegany and Olean (Cattaraugus County) wind project review

Town Board in preliminary stages of reviewing Everpower wind project. Olean Times Herald 10/30. Allegany County Industrial development Agency discusses potential role, PILOT agreement with residents in Centerville. Olean Times Herald 10/31.

Cape Vincent (Jefferson County) wind zoning

Committee examining wind farm amendments to zoning seeks more data, focuses on sound, setbacks. Watertown Daily Times, 11/1

Warren (Herkimer County) wind environmental review

Warren Town Board sets meeting date of November 10 to review supplemental environmental impact statement for the Jordanville project. Richfield Springs Mercury 10/30. See also Freeman’s Journal 10/26.

Attorney General’s wind code of conduct

In an editorial, the Watertown Daily Times (11/1) welcomed Attorney General Andrew Cuomo’s voluntary code of conduct and encouraged wind developers doing business in Jefferson County to sign on.