October 2, 2020 — The East Hampton Town Trustees unanimously approved signing on to the joint proposal submitted two weeks ago by Orsted U.S. Offshore Wind and Eversource Energy to the New York State Public Service Commission in support of the proposed South Fork Wind farm, to be situated approximate-ly 35 miles off Montauk Point.
Before the vote during their virtual meeting on Monday, the trustees, in consultation with outside counsel retained for navigating their role in the wind farm proposal, emphasized that the approval they were codifying supports “only those provisions that address the public need for the project and the construction, operation, maintenance, repair, and decommissioning of those portions of the project that are proposed to be located within” trustee jurisdiction, specifically the ocean beach at the end of Beach Lane in Wainscott, where the developers intend to land the wind farm’s export cable.
By signing on to the joint proposal, which details elements of the project from construction to its decommissioning 25 years later, the trustees are not addressing issues such as the wind farm’s impact on utility rates, for example, said Daniel Spitzer of Hodgson Russ L.L.C., counsel to the trustees. “You’re not offering an opinion that New York State needs this particular wind farm,” he said. That determination, rather, is the role of the Public Service Commission, which in order for the project to proceed must issue a Certificate of Environmental Compatibility and Public Need under Article VII of the Public Service Law.