CHERRY VALLEY - Reunion Power is not waiting to see if there will be a moratorium in Cherry Valley.

Reunion's project manager David Little said Monday that after nearly two years, the East Hill Wind Farm site plan review application was submitted to the Cherry Valley town planning board last Friday.

Town planning board chairman Jeffrey Wait confirmed he had received the application documents from Reunion, but had not yet opened the package.

Wait said the application would not be available for review prior to the planning board meeting on Tuesday, July 18.

Little said the project, which at one time also included a second site on Cape Wycoff, would have 24 turbines.

"It is very much in line with what we have communicated to people," he said.

The East Hill facility will cover 1,200 leased acres of land from a dozen landowners. The actual footprint of the turbines is much less - about five percent, he said.

"The submission of their site plan review application is a last ditch attempt to subvert the orderly process of government here in Cherry Valley. Our supervisor had made clear to Reunion Power, both directly at public meetings and in print, that he expected them to proceed at a measured pace in order that the town might properly prepare itself. They have violated his trust," said Advocates for Cherry Valley member Andy Minnig.

Reunion's application has been submitted prior to the enactment of a moratorium on major development that will be discussed at tonight's Cherry Valley town board meeting. But the fact Reunion filed before a moratorium was established does not necessarily protect it from the provisions of a moratorium.

Otsego County planning director Terry Bliss said Tuesday that the project may still be impacted by a moratorium.

"If a project is short of significant investment at the point a moratorium is adopted, the moratorium has an affect on the project," he said.

Bliss said it was his guess that Reunion's project would be impacted if the Cherry Valley town board enacts a moratorium.

Reunion Power continues to stick to its original timeline, which calls for the wind farm to be operational by the end of 2007, in order to take advantage of the federal production tax credit of 1.9 cents per kilowatt hour. According to Reunion, it is "critical" that it participate in the program.

"It is a big part of the economic picture. Without it, the project economics change significantly," Little said.

In an effort to drum up support for its position and short-circuit the moratorium proposal currently in front of the town board, Reunion sent out over 500 postcards last week asking residents to let the board know how they feel.

"Cherry Valley's planning board recently suggested a development moratorium, a measure that would needlessly delay consideration of the East Hill Wind Farm," the post card stated. " We believe that any community concerns regarding the project should be addressed by a new local wind law. A wind power ordinance would provide Cherry Valley with the ability to regulate the development without jeopardizing the opportunity for major economic benefits."

According to Reunion, an 18-month moratorium would delay the consideration of the East Hill Wind Farm and extend the development process indefinitely.

"Reunion's need is to get its project on line as quickly as possible in order to secure federal tax credits. That is of no concern to Cherry Valley. It cannot throw caution to the wind in order to accommodate a commercial developer. The town of Cherry Valley must first thoroughly examine all the issues pertaining to the impact of a wind facility on a town like ours," said Minnig.

The federal production credit program was intended to help spur investment in renewable energy and is now ten years old.

Little said they have focused their timeline around the program's expiration date and have not wavered.

The production tax credit program has expired and been renewed a number of times and Little said both Reunion and the renewable energy industry are optimistic the program could be renewed again.

Town supervisor Tom Garretson said he has been focused on the moratorium and had not had an opportunity to review Reunion's site plan application.