A memo from a lobbying company has some lawmakers concerned that Niagara County’s lawsuit against the New York State Power Authority may be impacting its ability to secure the rights to assist in the development of a new wind energy project in Western New York.

During a meeting of the county Legislature on Tuesday, Niagara Falls Democrat Renae Kimble expressed concern about a report she received last week from Capitol Public Strategies, the Albany lobbying firm hired by the county earlier this year.

According to Kimble, the company’s most recent update on its activities indicated the lobbyist’s attempt to schedule a meeting with NYPA officials to discuss the proposed wind energy project has been “delayed” due to ongoing litigation with the county.

Kimble and other county lawmakers agreed Tuesday to approach officials at the lobbying company to get a clarification on what exactly was meant by the note.

Kimble said she would find it “disturbing” if the assessment of the situation proves to be accurate.

“For them to basically say that we’re not going to meet with you, that’s just unprofessional,” she said.

County lawmakers agreed earlier this year to file a lawsuit against the power authority that seeks to rescind the transfer of more than $500 million in surplus authority funds to the State of New York. Earlier this month, New York State Supreme Court Justice Ralph Boniello III rejected state Comptroller Thomas DiNapoli’s request for a change of venue in the case.

Power Authority President and CEO Richard Kessel, who has been the target of frequent criticism from the Legislature, announced on Earth Day this year plans to develop the Great Lakes Offshore Wind project that would focus on harnessing wind power to create electricity at an as-yet-undisclosed location either on Lake Erie or Lake Ontario. In June, Kessel disclosed the authority has received 14 requests for expressions of interest from companies interested in participating in the project.

Kimble said if it is the case that the county’s attempts to participate in the development of the project are being ignored by the authority due to the lawsuit, she considers the selection process as a whole “tainted” and expressed concern that Erie County would ultimately be chosen as the beneficiary for the economic development such a project is expected to bring.

“I know that this wind farm proposal will be a great economic catalyst,” she said.

Chairman Bill Ross, C-Wheatfield, who recently appointed Kimble to a newly formed power authority advisory board, said he intended to research the situation further and provide lawmakers with an update.

In other matters, the Legislature:

n Authorized a resolution calling on state officials to rescind increases in fees charged by the New York State Department of Agriculture and Markets for companies maintaining or operating food processing establishments in the state. During Tuesday’s meeting, lawmakers heard a plea for help in fighting the charge from Jonathan Boas, owner of The Little Yellow Chocolate House in Lewiston. Boas was one of the business owners who was forced by the state to pay a total of $400 to cover the costs of his company’s license fee for 2010 and 2011. B

n Asked state lawmakers to rescind surcharges on utility bills that Majority Leader Richard Updegrove, R-Lockport, suggested would be a “job killer” for Niagara County and the rest of New York. State lawmakers authorized bills this year that raised the surcharge on consumers’ electric and gas utility bills from 0.33 percent to 1 percent.

Contact reporter Mark Scheer

at 282-2311, ext. 2250