2015-77 2015-77
Resolution Authorizing Request For Intervenor Funding From NYS Public Service
Commission To Review Boundless Energy Ne, Llc Electric Transmission Line Proposal
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on February
12, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2015-77
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled Vincent BettinaVoter Q El El ElElWithdrawn Ismay Czarniecki_ Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, Boundless Energy NE, LLC has submitted an application for a Certificate
of Environmental Compatibility and Public Need pursuant to Article VII of the New York Public
Service Law for approval of new AC Electricity Power Lines under the Leeds Path West Project
under NYS Public Service Commission Case Number: 13-T-0461 and the application is also part
of the Alternating Current Transmission Upgrades Comparative Proceeding under NYS Public
Service Commission CASE 13-E-0488; and
WHEREAS, the proposed Leeds Path West Project will cross under the Hudson River in
the Area of the NY Power Authority substation north of the Hamlet of Chelsea and then traverse
the southern portion of the Town of Wappinger under the Central Hudson Right of Way from the
NYSPA substation to Sprout Creek just south of Old Hopewell Road; and
WHEREAS, it is in the interest of the residents and taxpayers of the Town of Wappinger
to participate in the Boundless Energy Public Service Commission Proceedings to insure that the
adverse impacts to the Town of Wappinger be minimized to the maximum extent practicable and
that Town infrastructure within the proposed path be protected; and
WHEREAS, pursuant to Public Service Law §122(5)(a), Boundless Energy and other
parties to the Alternating Current Transmission Upgrades Comparative Proceeding have posted
funds to enable municipalities like the Town of Wappinger, to defray expenses incurred for
expert witness, consultant, administrative and legal fees; and
WHEREAS, it is in the interest of the Town of Wappinger to make application to the
new York State Public Service for Intervenor Funding pursuant to its regulations to defray the
cost of the Town's attorneys and consultants to review the proposal;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that it is in the best interest of the residents
and taxpayers of the Town of Wappinger, particularly the residents along the proposed route of
the Boundless Energy Transmission line, to participate in NYS Public Service Commission Case
Number: 13-T-0461 entitled "In the Matter of Application of Boundless Energy NE, LLC for a
Certificate of Environmental Compatibility and Public Need Pursuant to Article VII for Leeds
Path West Project.
2. The Attorney to the Town is directed to request that the Town of Wappinger be
made a party to the case and to enter an appearance on behalf of the Town.
The Attorney to the Town is authorized to submit an application for intervenor funding in an
amount not to exceed $50,000, subject to the rules of the NYS Public Service Commission.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz
Dated: Wappingers Falls, New York
2/12/2015
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK