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Cricket Valley Transmission Line and Re-conductoring ProjectVolume 1: Exhibits 1, 2, and 3
December 30, 2013
Submitted by:Cricket Valley Energy Center, LLC
31 Milk Street, Suite 1001Boston, Massachusetts 02109
Prepared by:Epsilon Associates, Inc.
3 Clock Tower Place, Suite 250Maynard, Massachusetts 01754
New York Public Service Commission - Article VII Application
READ AND LANIADO, LLP ATTORNEYS AT LAW 25 EAGLE STREET
ALBANY, NEW YORK 12207-1901
__________________ (518) 465-9313 MAIN (518) 465-9315 FAX
www.readlaniado.com KEVIN R. BROCKS RICHARD C. KING DAVID B. JOHNSON HOWARD J. READ SAM M. LANIADO Of Counsel KONSTANTIN PODOLNY PATRICK A. SILER
Via Electronic Mail
December 30, 2013 Hon. Kathleen H. Burgess, Secretary New York State Public Service Commission Three Empire State Plaza Albany, NY 12223-1350 RE: Case 13-T-_____ - Application by Cricket Valley Energy Center, LLC for a
Certificate of Environmental Compatibility and Public Need Pursuant to Article VII of the Public Service Law For Approval of a New 345 kV Line From the Pleasant Valley Substation to the Cricket Valley Energy Center, LLC, and the Reconductoring of An Existing 345 kV Line.
Dear Secretary Burgess:
Cricket Valley Energy Center, LLC (“Cricket Valley”) hereby transmits electronically, together with seven hard copies, the “Application for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII of the Public Service Law For Approval of a New 345 kV Line From the Pleasant Valley Substation to the Cricket Valley Energy Center, LLC, and the Re-conductoring of An Existing 345 kV Line.” Included in this filing is an affidavit of service showing the persons who were served by the methods indicated on the service list, including those required by Article VII and 16 NYCRR Part 85-2.10 and a courtesy copy service list. A “Motion For Waiver of Certain Application Requirements,” filed pursuant to 16 NYCRR Part 3.3(c), and the filing fee required by 16 NYCRR Part 85-2.4 (a)(4), are also included.
Pursuant to 16 NYCRR Part 85.2.10 (c), notice of the filing was published in a
newspaper of general circulation for two consecutive weeks prior to the filing. As explained in the Application, Cricket Valley has also sent letters to the abutting landowners, the four affected town supervisors and to the Dutchess County executive, informing them of the filing. Copies of the notices and sample letters are attached hereto.
Hon. Kathleen H. Burgess December 30, 2013 Page 2 of 2
The line is proposed to be routed within the existing right-of-way in which an
existing transmission line is located that is owned and operated by the Consolidated Edison Company of New York, Inc. (“Con Edison”). As a System Upgrade Facility required by the New York Independent System Operator (“NYISO”) for the Cricket Valley approved generation facility to interconnect to the electric transmission system, ownership and maintenance of the proposed transmission line, assuming the proposed line is approved by the Commission, will be transferred to Con Edison pursuant to NYISO tariffs. Pursuant to a license agreement reached with Con Edison, Cricket Valley and its consultants were escorted by Con Edison personnel on the right-of-way in order to prepare many studies to support this Article VII Application. At the appropriate time, Cricket Valley will seek Commission approval for the transfer of the issued Article VII certificate to Con Edison.
The affidavits for the publication of the notice will be filed with the Commission when they are received.
Correspondence concerning the Application should be directed to the undersigned and to:
Robert DeMeyre, Project Developer Cricket Valley Energy Center, LLC 31 Milk Street, Suite 1001 Boston, MA 02109 [email protected]
Thank you.
Respectfully Submitted,
READ AND LANIADO, LLP Attorneys for Cricket Valley Energy Center, LLC
By: /s/ Sam M. Laniado
Sam M. Laniado Konstantin Podolny [email protected]
cc: Attached Service Lists
Case 13-T-_______
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Statutory Party List
VIA ELECTRONIC MAIL Town Supervisor Ryan Courtien Dover Town Hall 126 East Duncan Hill Rd. Dover Plains, NY 12522. TEL 845-832-6111 FAX 845-832-3188 [email protected] Town Supervisor Lisette Hitsman Town of Union Vale 249 Duncan Road LaGrangeville, NY 12540 TEL 845-724-5600 FAX 845-724-3757 [email protected] Town Supervisor Joseph J. Luna Town of LaGrange 120 Stringham Road LaGrangeville, NY 12540 TEL 845-452-9062 FAX 845-473-7079 [email protected] cc: [email protected] Town Supervisor Carl Tomik Pleasant Valley Town Hall 1554 Main St. Pleasant Valley, NY 12569 TEL 845-635-3274 FAX 845-635-1452 [email protected] Hon. Joseph Martens, Commissioner New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233-0001 TEL 518-402-8545 FAX 518-402-8541 [email protected]
Hon. Kenneth Adams, Commissioner New York State Department of Economic Development Hedley Park Place 433 River St., Suite 1003 Troy, NY 12180 [email protected] Hon. James B. Bays Acting Commissioner New York State Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 TEL 518-457-3880 [email protected] Hon. Cesar A. Perales New York Secretary of State One Commerce Plaza 99 Washington Ave. Albany, NY 12231-0001 TEL 518-474-4752 [email protected] Hon. Terry Gipson New York State Senator, 41st District 3 Neptune RD., Suite A19B Poughkeepsie, NY 10017 TEL 845-463-0840 [email protected] Hon. Kieran Michael Lalor New York State Assemblyman 105th District North Hopewell Plaze, Suite #1 1075 Route 82 Hopewell Junction, NY 12533 TEL 845-221-2202 FAX 845-221-2225 [email protected]
Case 13-T-_______
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Hon. Didi Barrett Assemblyman, 106th District 12 Raymond Ave, Suite 105 Poughkeepsie, NY 12603 TEL 845-454-1703 FAX 845-454-2408 [email protected]
VIA OVERNIGHT MAIL Hon. Rose Harvey, Commissioner New York State Office of Parks, Recreation & Historic Preservation Attn: Counsel’s Office Empire State Plaza Agency Building 1 Albany, NY 12207 TEL 518-474-0456 Hon. Joan McDonald, Commissioner New York State Department of Transportation 50 Wolf Road Albany, NY 12232 TEL 518-457-4422
Hon. James B. Bays Acting Commissioner New York State Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 TEL 518-457-3880 [email protected]
Case 13-T-_______
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Courtesy List VIA ELECTRONIC MAIL Hon. Marcus J. Molinaro County Executive Dutchess County 22 Market Street Poughkeepsie, NY 12601 Phone: 845-486-2000 Fax: 845-486-2021 Email: [email protected] cc: [email protected] Martin Brand, Director for Region 3 New York State Department of Environmental Conservation 21 South Putt Corners Road New Paltz, NY 12561 Phone: 845-256-3033 Fax: 845-255-3042 [email protected] Daniel Whitehead Permit Administrator Division of Environmental Permits Region 3 New York State Department of Environmental Conservation 21 South Putt Corners Road New Paltz, NY 12561 Phone: 845-256-3054**845-256-3801 Fax: 845-255-4659 Email: [email protected]
Lisa Wilkinson, Esq. Office of General Counsel New York State Department of Environmental Conservation 625 Broadway Albany NY 12233-1500 (tel) (518) 402-9185 (fax) (518) 402-9018 [email protected]
Case 13-T-_______
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Courtesy List VIA OVERNIGHT MAIL William Gorton, P.E., Acting Director, Region 8 New York State Department of Transportation Eleanor Roosevelt State Office Building 4 Burnett Boulevard Poughkeepsie, NY 12603 Phone: 845-431-5750 Aimee Vargas, Regional Director Empire State Development, Mid-Hudson 33 Airport Center Drive #201 New Windsor, NY 12553 Phone: 845-567-4882 Fax: 845-567-6085 Martin Brand, Director for Region 3 New York State Department of Environmental Conservation 21 South Putt Corners Road New Paltz, NY 12561 Phone: 845-256-3033 Fax: 845-255-3042 [email protected] Brian Lusignan, Esq. Senior Attorney New York State Department of Agriculture & Markets 10B Airline Drive Albany NY 12235 (518) 457-6084 [email protected]
Case 13-T-_______
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New York Public Libraries VIA FIRST-CLASS MAIL LaGrange Library 488 Freedom Plains Road (Rt 55), Suite 109 Poughkeepsie, NY 12603 Phone: 845-452-3141 Fax: 845-452-1974 Email: [email protected] Interim Director: Nina Acosta Dover Plains Library 1797 Route 22 Wingdale, NY 12594 Phone: 845-832-6605 Fax: 845-832-6616 Email: [email protected] Director: Susan E. Totter Pleasant Valley Free Library 1584 Main Street PO Box 633 Pleasant Valley, NY 12569 Phone: 845-635-8460 Fax: 845-635-9556 Email: [email protected] Director: Daniela Pulice
STATE OF NEW YORK PUBLIC SERVICE COMMISSION In the Matter of the Application by Cricket Valley Energy Center, LLC for a Certificate of Environmental Compatibility and Public Case No. _____________ Need Pursuant to Article VII of the Public Service Law For Approval of a New 345 kV Line From the Pleasant Valley Substation to the Cricket Valley Energy Center, LLC, and the Re-conductoring of An Existing 345 kV Line
PETITION FOR WAIVER OF CERTAIN APPLICATION REQUIREMENTS
Pursuant to 16 NYCRR § 3.3, and as part of the filing for a certificate of environmental
compatibility and public need for the above captioned Project, the Applicant respectfully
requests waiver of sections 86.3(a)(1), 86.3(a)(2), 86.3(b)(2), and 86.6 (c) of the Commission’s
regulations applicable to this Article VII Application.
16 NYCRR § 86.3(a)(1) requires the applicant to submit New York State Department of
Transportation (“NYSDOT”) maps (1:24,000 topographic edition), showing: (i) the proposed
right-of-way (with control points indicated), covering an area of at least five miles on either side
of the proposed facility location; (ii) where the construction or reconstruction of the proposed
facility would necessitate permanent clearing or other changes to the topography, vegetation or
man-made structures; and (iii) any known archaeologic, geologic, historical or scenic area, park
or untouched wilderness on or within three miles of the right-of-way.
16 NYCRR § 86.3(a)(2) requires the applicant to submit NYSDOT maps (scale
1:250,000) showing the relationship of the proposed facility to the applicant's overall system
with respect to: (i) the location, length and capacity of the proposed facility, and of any existing
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facility related to the proposed facility; (ii) the location and function of any structure to be built
on, or adjacent to, the right-of-way; (iii) the location and designation of each point of connection
between an existing and proposed facility; and (iv) nearby, crossing or connecting rights-of-way
or facilities of other utilities.
The Applicant seeks waiver of these provisions. The Applicant is submitting plans and
figures showing the features described in § 86.3 as Exhibit 2: location of facilities upon recent
aerial photos and United States Geologic Survey (“USGS”) topographic maps. The USGS maps
included in Exhibit 2 provide a depiction of the features required by § 86.3 (a) at an equivalent or
finer scale than the NYSDOT maps specified in the regulation. The Commission has previously
granted similar waivers in such situations. For example, the Commission has allowed the use of
other maps instead of the required NYSDOT maps.1 The Commission reasoned that because the
maps submitted showed all of the information required, waiver of was appropriate. The same
rationale is applicable here, and waiver of these sections is appropriate.
16 NYCRR § 86.3(b)(2) requires an applicant to submit “[a]erial photographs of urban
areas and urbanizing fringe areas . . . taken within six months of the date of filing.” The
Applicant is submitting aerial photographs that were taken in 2010. The Applicant has verified
through field reconnaissance that the 2010 photographs substantially reflect actual current
conditions. The Commission has previously granted similar waivers in such situations. For
example, the Commission waived the 6 month requirement for an applicant that filed aerial
1 See, e.g., Case 13-T-0235, Joint Application of New York State Electric & Gas Corporation and Niagara Mohawk Power Corporation d/b/a National Grid for a Certificate of Environmental Compatibility and Public Need for the Construction of Approximately 14.5 Miles of 115kV Electric Transmission Facilities from the State Street Substation in Cayuga County to the Elbridge Substation in Onondaga County, NY, Order Regarding Waiver Requests (September 24, 2013) at 2. See also, Case 06-T-1298, Application of New York State Electric & Gas Corporation for a Certificate of Environmental Compatibility and Public Need under Article VII of the PSL for the Construction and Operation of Approximately 30 Miles of New or Rebuilt 115 kV Electric Transmission Line and the Construction of a New 345 kV / 115 kV Substation Located in Tompkins and Cortland Counties., Order Adopting the Terms of a Joint Proposal with Exceptions and Conditions, and Granting Certificate of Environmental Compatibility and Public Need (January 17, 2008) at 12, 18.
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photographs that reflected current field conditions and specified the source and date of those
photographs, yet which had not been taken within the prescribed six-month period.2 In granting
the waiver the Commission reasoned that the submitted photography provided the information
sought by the rule and only required the applicant to provide updated photograph should field
conditions change. The same rationale is applicable here, and waiver of this requirement is
appropriate.
Finally, 16 NYCRR § 86.6 (C) requires the applicant to submit a profile of the centerline
of the right-of-way at exaggerated vertical scale. Applicant seeks limited waiver of this provision
as the drawings are not yet ready. The Commission has previously granted similar waivers in
such situations. For example, the Commission waived the requirement that the drawings be
submitted with the application and instead allowed them to be submitted as part of the Project's
Environmental Management and Construction Plan.3 The applicant had explained that the final
details with respect to the project's transmission line right-of-way centerline had not yet been
complete at the time the application was filed and that the applicant intended to provide these
design details for its new transmission line and required substation improvements to the
Commission for review and approval in the Project's Environmental Management and
Construction Plan. The Commission found the justification submitted reasonable.4 The same
rationale is applicable here. The detailed drawings required by § 86.6 (C) have not yet been
prepared, and will be submitted by the Applicant as soon as they are ready.
2 See, e.g., Case 13-T-0292, Application of West Point Partners LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII for Authority to Construct and Operate a 345 kV Transmission Line Known as the West Point Project,Order Regarding Waiver Requests (November 18, 2013). 3 See, Case 05-T-1369, Application of Consolidated Edison Company of New York, Inc. for a Certificate of Environmental Compatibility and Public Need Under Article VII of the New York State Public Service Law for the Cedar Street Project., Order Adopting the Terms of a joint Proposal , Granting Certificate of Environmental Compatibility and Public Need, and Approving Environmental Management and Construction Plan (May 17, 2006) at p. 19, Appendix B. 4 Id. at p. 8, 19.
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Respectfully submitted,
/s/ Sam M. Laniado Sam M. Laniado Konstantin Podolny Read and Laniado, LLP Counsel for Cricket Valley Energy Center, LLC
25 Eagle Street Albany, New York 12207 Telephone: 518-465-9313 Facsimile: 518-465-9315 [email protected] [email protected]
STATE OF NEW YORK
PUBLIC SERVICE COMMISSION
In the Matter of the
Application by Cricket Valley Energy Center, LLC for a
Certificate of Environmental Compatibility and Public Case No. _____________
Need Pursuant to Article VII of the Public Service Law
For Approval of a New 345 kV Line From the Pleasant
Valley Substation to the Cricket Valley Energy Center,
LLC, and the Re-conductoring of An Existing 345 kV Line
APPLICATION
INTRODUCTION
This Application is filed pursuant to 16 NYCRR Part 85-2.8.
Description of the Proposed Facility
Cricket Valley Energy Center, LLC (“Cricket Valley” or the “Applicant”) is proposing
to: (1) develop a new, approximately 14.6-mile 345 kV transmission line to connect the planned
Cricket Valley Energy Center generation facility ( the “Generation Facility”) in the Town of
Dover, New York to Consolidated Edison Company of New York, Inc.’s (Con Edison) Pleasant
Valley Substation in the Town of Pleasant Valley, New York (the “Transmission Line”); and (2)
re-conductor an approximately 3.4-mile segment of the existing 345 kV Line 398 in the town of
Dover between the Cricket Valley Switchyard and the New York-Connecticut state line (the
“Re-conductoring Segment”) (collectively the “Project”).
The proposed Project as presented in this Application also includes improvements to
Consolidated Edison’s Pleasant Valley Substation. New protection and communication system
upgrades will be required within the existing control buildings at the Pleasant Valley Substation.
During the 2011 Class Year study process for the Generation Facility, the New York
Independent System Operator (“ NYISO”)determined that the Transmission Line and Re-
conductoring Segment are System Upgrade Facilities (“SUFs”) necessary to allow the
Generation Facility to interconnect with the grid without adversely impacting the reliability,
stability, operability or transfer limits of the system.
Location of the Proposed Right-of-Way
The Transmission Line will connect the planned Cricket Valley Energy Center in the
Town of Dover to the existing Pleasant Valley Substation in the Town of Pleasant Valley, New
York. The new Transmission Line will be located within the existing Line 398 right-of-way,
adjacent to Con Edison’s existing 345 kV Line 398. The existing Line 398 right-of-way is
generally 250 feet wide and traverses (from east to west) the towns of Dover, Union Vale,
LaGrange and Pleasant Valley in Dutchess County.
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From the planned Generation Facility in the Town of Dover, the proposed Transmission
Line heads northwest to the north of the Great Swamp Critical Environmental Area (“CEA”) and
then heads west over West Mountain. The proposed line continues in a northwesterly direction
into the Town of Union Vale. The total distance in the Town of Dover is approximately 3.5
miles. The line continues in a generally westerly direction through the Town of Union Vale and
passes just north of the Sky Acres Airport. The total distance in the Town of Union Vale is
approximately 5.7 miles. The line continues in a west-northwesterly direction through the Town
of LaGrange crossing State Route 82, several local roads and the Taconic State Parkway. The
total distance in the Town of LaGrange is approximately 2.7 miles. In the Town of Pleasant
Valley, the new Transmission Line will cross Wappinger Creek and Main Street (U.S. Route 44)
before interconnecting at the Pleasant Valley Substation. The total distance in the Town of
Pleasant Valley is approximately 2.7 miles.
The Project will also include the re-conductoring of the approximately 3.4 mile segment
of Line 398 that runs east from the planned Cricket Valley Energy Center to the New York-
Connecticut state line (“Re-conductoring Segment”). The existing transmission right-of-way for
this Re-conductoring Segment is generally 250 feet wide and is located entirely within the Town
of Dover. From the planned Generation Facility, this 3.4-mile segment of Line 398 crosses New
York State Route 22, County Route 6, Ten Mile River, and Lake Weil before reaching the New
York-Connecticut state line.
Upon completion of construction of the Transmission Line and Re-conductoring
Segment, as a required system upgrade facility pursuant to the tariffs of the NYISO, ownership
will be transferred to Con Edison who will own, maintain and operate the line. The Article VII
certificate requested in the instant Application would also be transferred to Con Edison pursuant
to Commission procedures.
Public Involvement Plan
The Applicant will also conduct a comprehensive Public Involvement Plan (“PIP”). Key
features of the PIP to meet stakeholder information needs are presented below. The complete PIP
is presented in Attachment B of the Application.
The purpose of the PIP is to detail the approach to public involvement Cricket Valley will
use to identify key stakeholders in the project area, advance public understanding of the project,
encourage and collect public input, and disseminate information to the public, the surrounding
communities, and other stakeholders potentially affected by construction of the proposed
Transmission Line and Re-conductoring Segment within the existing Line 398 Con Edison right-
of-way in Southern Dutchess County, N.Y. The PIP has been developed to provide relevant
information to the public and stakeholders, consider stakeholder input in the development and
implementation of solutions, and make stakeholders aware of the commitment the project
sponsor has made to consistent, frequent, and transparent outreach and communications.
Elected Leadership and Policymakers
Elected leadership and policymakers are acutely aware of the concerns and needs
of their constituents and consequently should be informed about project progress. The
Project will deliver regular, timely briefing packages to these stakeholders ahead of
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project milestones, and will coordinate periodic in-person briefings with them to collect
their input and concerns.
Affected Property Owners
Residents with property abutting the existing Line 398 right-of-way will be
contacted by mail to provide them with detailed information on how the project will
communicate with them, collect their input, and respond to their inquiries. The project
will assign an ombudsman who will be available to these residents to provide them with
direct contact expressly dedicated to their information needs. They will be invited to
attend Advisory Working Groups, public information meetings, and sign up for email
updates, newsletters, and website postings.
Civic, Community, and Business Groups
Civic and community groups can play an important role in communication related
to the project, and will be kept current about the project. They will be invited to join
Advisory Working Groups, attend public information meetings, and sign up for email
updates, newsletters, and website postings.
Special Interest Groups
Special interest groups will include those formed specifically to address this
Project and those that have been formed around another primary area of focus but have
an interest in the outcomes of the Project and the impact of construction during the
Project. They will be invited to join Advisory Working Groups, attend public information
meetings, and sign up for email updates, newsletters, and website postings.
Media
Media serving the project area will be kept apprised with regular press releases
related to project milestones, briefings as needed, and distribution of fact sheets and other
materials. The media will be invited to attend Advisory Working Groups, public
information meetings, and sign up for email updates, newsletters, and website postings.
Public Involvement Methods
A wide and varied range of communication methods is critical to providing
stakeholders with relevant information and that appropriate outreach is occurring to meet
the information needs of a diverse audience of stakeholders. The following list of
communication methods will be used throughout the project:
Distribution List
Ombudsman
Community Outreach Office
Public Information Meetings
Advisory Working Groups
Presentations
Website
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E-blasts
Direct Mail
Project Brochure
Project Newsletter
Public /Legal Notices
News Releases
The following outreach activities have occurred to date:
CVE has met with each of the supervisors of the four towns in which the
Project traverses.
CVE has met with the staffs of the New York State Departments of Public
Service, Environmental Conservation and Agriculture and Markets.
CVE has inspected the Line 398 right-of-way with the three agency staffs.
CVE has published notice of the filing of the Article VII Application in a
newspaper of general circulation once a week for two weeks.
CVE has sent letters to the property owners that abut the Line 398 right-of-
way, informing them of the project and including a copy of the notice.
CVE has sent letters to the supervisors of each of the four towns, informing
them of the project and including copies of the notice and letter to the property
owners.
CVE has established a website at www.cricketvalleytransmission.com that
will be updated regularly with project information and to which this
application will be posted.
CVE maintains an office in Dover, New York that was established in August
1, 2009 for the development of the Generation Facility and will remain open
for the proposed Transmission Line and Re-conductoring Segment Project in
order to facilitate outreach activities.
Summary and Description of Studies of Environmental Impact
The Project will be designed, constructed and operated in a manner that avoids or
minimizes impacts to environmental resources, to the maximum extent practicable, within
Dutchess County, New York.
Field investigations, literature reviews, and agency consultations were conducted to identify and
assess existing environmental conditions within the Project area. Environmental impact studies
were prepared by Cricket Valley for the following categories:
Land Uses;
Aesthetic, Visual and Recreational Resources;
Cultural Resources;
Terrestrial Ecology and Wetlands;
Topography and Soils;
Water Resources;
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Noise; and
Transmission Line Electric and Magnetic Fields (EMF).
The impact studies describe existing conditions, methodologies used in the investigation,
the anticipated environmental effects of the transmission facilities and, where appropriate,
recommended mitigation measures to avoid or minimize any adverse impacts to the maximum
extent practicable. To the extent practical, the Project has been designed and sited to avoid
impacts to the environment. Below is a summary of important mitigation strategies designed to
minimize potential unavoidable environmental impacts.
Line and structure constructability is significantly affected by both steep terrain and by
hard shallow rock. This work will be managed by the selective use of air-crane helicopters to
erect the steel poles, reducing the need for access road construction to support heavy equipment.
Rock anchor foundations or rock micropile foundations are proposed where suitable for
minimizing foundation construction costs and environmental impacts.
As the Project is located within the existing Con Edison Line 398 electric transmission
right-of-way which has been largely cleared of tall woody vegetation in the past, limited tree
clearing activities are anticipated. Selective vegetation clearing practices will be employed along
much of the right-of-way. At ecologically sensitive locations, such as stream crossings, natural
vegetation buffer strips will be maintained using selective tree cutting and trimming techniques.
During the right-of-way clearing, all merchantable wood will be salvaged in the form of
logs, pulpwood, and/or wood chips. Non-merchantable wood and brush located in the selective
and non-selective cleared areas of the right-of-way will be removed, chipped or piled where
permitted by state regulations regarding such operations. Certain species known to be potential
vectors for pests, such as ash which may potentially host the Emerald ash borer, will be disposed
of on the right-of-way to prevent spread of invasive pests.
Existing access roads associated with Con Edison’s Line 398 will be employed to the
maximum degree practical to facilitate access to the Project right-of-way from local, state and
public roadways and avoid unnecessary construction of new access roads. The construction of
new permanent access roads would generally consist of the extension of the existing access roads
to the new structure locations. Improvements to the existing access roads if required or where
required would generally consist of application of crushed stone to produce stable and level
roadway conditions and manage precipitation and runoff without causing erosion or mobilizing
sediment that may affect wetlands and waterways.
In various locations along the Project right-of-way, sensitive features such as wetlands,
streams, and areas of potential archaeological significance exist. The presence of jurisdictional
waters of the U.S., including wetlands, and waters of the state was determined based upon
desktop assessment and in-field delineation and survey, completed in October and November,
2013. Every practical attempt will be made to avoid wetlands and minimize the nature, extent,
and duration of disturbances. Protective measures such as installation of silt fencing and/or
straw bales, and stabilization of exposed soils via establishment of vegetation to prevent soil
from entering wetlands and surface waters due to runoff will be implemented to avoid
unnecessary impacts to wetlands as well as to offset short-term and temporary impacts during
construction. Transmission towers are not proposed to be installed in any wetlands. Access
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through sensitive areas such as wetlands and agricultural fields will be completed using
temporary timber construction mats rather than via permanent access roads.
Since construction of the Project will disturb more than one acre of soil, the Project will
apply for coverage under the State Pollutant Discharge Elimination System (“SPDES”), General
Permit (“GP”) for Stormwater Discharges from Construction Activities (GP-0-10-001). A Storm
Water Pollution Prevention Plan (“SWPPP”) specific to the Project will be developed to prevent
discharges of construction-related pollutants to surface waters. Cricket Valley will provide the
NYSDEC with a Notice of Intent (“NOI”) for the Project prior to construction, with a copy to be
filed with the Commission.
To the extent possible, vehicular access across streams and other watercourses will be
avoided by interrupting access along the right-of-way and precluding construction traffic through
these areas. These areas will be designated “No Vehicular Access” on plan and profile drawings.
Where existing stream crossings are available, access roads will be aligned to make use of these
crossings. In certain instances, stream crossings will be installed to accommodate construction
vehicles while minimizing disturbance and water quality impacts. Bridges with swamp mats or
other minimally-intrusive bridge materials will be used for locations where crossing devices are
not already in place. The location of stream crossings, if necessary, will be identified on the plan
and profile drawings to be provided as part of the Environmental Management and Construction
Plan (“EM&CP”). Care will be taken to ensure that stream banks are undamaged during the
installation and removal of crossing materials, and that stream flow remains unrestricted.
To further reduce impacts to surface waters, transmission line structures will be located
as far as possible from streams, rivers and other major bodies of water to facilitate the
preservation or establishment of vegetative buffer strips at these locations. Potential construction
impacts, such as minor increases in turbidity, will be short-term and have no long-term effect on
the bodies of water. With implementation of the Best Management Practices (“BMPs”) to be
presented in the EM&CP, the Project will have no significant effect on the New York State
Department of Environmental Conservation (“NYSDEC”) jurisdictional stream crossings.
Erosion control guidelines will be designed to improve, maintain and protect the soil and water
resources located within the Transmission Line right-of-way during and immediately following
the construction activity. These guidelines will include, but not be limited to, consideration of
the following: timing of construction; accessibility; movement of construction traffic within the
Project right-of-way at stream crossings; and heavy equipment operation.
In conjunction with the Certificate of Environmental Compatibility and Public Need
(“CECPN”) pursuant to Article VII of the Public Service Law, the Applicant will request in early
2014 the issuance by the Commission of a Water Quality Certificate pursuant to Section 401 of
the Clean Water Act.
Pre-construction planning and work site layout will be conducted to ensure that
appropriate environmental standards are met. Activities requiring coordination include
designation of vegetation buffer strips, access road location, location of tree and brush disposal
sites, location of structure foundations, location of structure assembly sites, location of conductor
pulling sites, and layout of the grounding system. Advance planning during this phase will
assure that tree cutting and brush disposal are properly conducted, equipment operation and
construction activities are limited to designated areas, the appropriate erosion control measures
are applied, and tree marking and clearing or selective cutting precedes structure placement.
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Where possible, Transmission Line structures will be located at least 100 feet from road
crossings, as well as streams, rivers and other major bodies of water to facilitate the
establishment of vegetative buffer strips at these locations. To the extent practical, Transmission
Line structures will not be located within identified archaeological sites or other sites sensitive to
disturbance, such as wetlands or locations supporting rare plants or animals.
Permanent alteration to agricultural lands would be limited to installation of structure
foundations. Access roads through agricultural areas will be temporary and will typically be
located on construction mats. In limited areas, crushed stone on geotextile fabric may be
employed if required. For temporary stone access pathways in agricultural areas, topsoil will be
removed and segregated in a windrow to one side of the access road. Geotextile fabric will be
placed on the subsoil and then overlain with crushed stone. After construction the stone and
geotextile fabric will be removed and the subsoil will be knifed to remove compaction. After the
topsoil has been replaced, the area will be restored with a seed mix approved by the landowner
and New York Ag and Markets and stabilized with straw mulch.
An inventory of aesthetic resources of statewide significance was conducted for the
Project area studied (a three-mile radius surrounding the Project) to identify resources that would
warrant specific consideration in terms of potential visual impacts. Additional visual simulation
modeling will be submitted shortly to complement the analysis in the record.
Potential visual impacts from the Line 398, Re-conductoring Segment, and modifications
of the Pleasant Valley Substation are minimized through the use of existing electrical facilities
and transmission corridors. Impacts were not found to be significant. Any incremental increase
in visibility of transmission infrastructure is applicable to those locations which already
experience viewshed impacts; the new circuit is not expected to present an impact to areas and
receptors not already affected.
Mitigation associated with the co-location of new structures along existing Line 398 will
include preservation of trees and screening vegetation between the line and adjacent homes and
sensitive receptors, use of a non-specular wire to prevent glare effects from the new circuit, and
minor relocations of tower structures where practical, to avoid visual impacts to the most
sensitive receptors.
The Project crosses several areas designated in the online New York Office of Parks
Recreation and Historic Preservation (“NYOPRHP”) GIS as sensitive for archeological
resources. The OPRHP expects documentation of previous disturbance and requires testing to be
conducted within a construction work zone (i.e., the area within which work can proceed without
the potential to impact resources) where the least disturbance has occurred. These areas will be
identified as part of the final design and presented in the EM&CP, and a Phase IB archeological
survey will be conducted, if necessary where the anticipated ground disturbance will occur
within potential areas of sensitivity. A Phase IB work plan will be developed in accordance with
applicable guidelines and provided to OPRHP and the Commission (in the EM&CP) for review
and input in 2014. Since the proposed Transmission Line will be constructed within an existing
right-of-way, no direct impacts are anticipated to above-ground historic resources that are listed
in or eligible for the NRHP.
In recent years, the State of New York has expressed an increasing interest in reducing
the spread of invasive species in New York. Invasive species that occur on the Revised Interim
List of Invasive Plant Species in New York State (NYSDEC, 2012) were observed in the Project
8
right-of-way during environmental assessment. Cricket Valley has consulted with the NYSDEC
to determine which invasive species are of regional concern, and the fall 2013 field work focused
on identification of concentrations of invasive species with the potential to impact the function of
wetland systems, potential rare species habitat, and other sensitive receptors. This pre-
construction baseline survey will be used during the post-construction phase to evaluate invasive
species populations. Areas containing an infestation will be clearly identified on construction
plans and in the EM&CP. Prior to construction activities, Cricket Valley will develop an
invasive species management plan that will facilitate the identification, control, and monitoring
of invasive vegetation with the objective of preventing their spread. Following Project
construction, the Transmission Line and Re-conductoring Segment will be managed in
accordance with the PSC-approved Vegetation Management Plan (“VMP”) prepared by Con
Edison and in effect at the time of Project operation.
A desktop review of publicly-available data sources was conducted to identify the status
and distribution of resident and transient species of mammals, birds, reptiles, and amphibians
potentially occurring within the Project area. In addition, the U.S. Fish and Wildlife Service
(“USFWS”) Federally-listed Threatened and Endangered Species and Candidate Species County
Lists for the Project were evaluated, and data request letters previously submitted to the New
York Natural Heritage Program (“NYNHP”) were reviewed to assess potential effects to
documented species as well as sensitive habitats potentially occurring within the Project vicinity.
Incidental wildlife observations were documented during the September-November 2013 site
reconnaissance.
During construction, wildlife species may experience temporary displacement during
vegetation clearing and as a result of noise from construction activities. These effects will be
short-term in duration and limited within and adjacent to the existing right-of-way. In general,
adverse effects to wildlife would be localized to the immediate construction site and are expected
to be insignificant in magnitude and duration.
Cricket Valley will correspond with the NYSDEC and USFWS to confirm any known
bog turtle sites within the Project right-of-way, and expects to enter into consultation with
USFWS under Section 7(a) of the Endangered Species Act (“ESA”) in 2014. NYSDEC is
expected to be a party to the Section 7 consultation. Cricket Valley will conduct Phase I bog
turtle habitat surveys of all wetlands that include potential bog turtle habitat in or adjacent to the
Project area in 2014. Regardless of the results of the survey, the presence of bog turtles will be
assumed at any identified potential bog turtle site, and measures will be taken to avoid impacts to
suitable habitat. Cricket Valley will develop a threatened and endangered species management
plan as part of the EM&CP that includes protective measures for the bog turtle that will be
employed prior to and during construction activities. Protective measures will include installation
of exclusion fencing and daily clearance surveys and construction monitoring by qualified
biologists, and any measures.
As part of the Section 7 consultation, Cricket Valley will work with USFWS to determine
appropriate Indiana Bat habitat evaluation actions. At a minimum, protection measures to avoid
impacts to the Indiana bat will include no tree clearing activities outside of the March 31 to
October 1 tree clearing moratorium. As part of the EM&CP to be developed in 2014, Cricket
Valley will develop a threatened and endangered species management plan that includes
protective measures for the Indiana bat that will be employed prior to and during construction
activities.
9
Four wetlands complexes in and proximal to the Project were identified as suitable
Blanding’s turtle habitat. Cricket Valley will coordinate with the USFWS and NYSDEC to
confirm if there are any known Blanding’s turtle sites within the Project right-of-way, and as part
of the Section 7 consultation, determine appropriate habitat evaluation actions and necessary
mitigation measures.
The presence of Blanding’s turtles will be assumed at all known and potential sites (based
on the results of the habitat survey) and measures will be taken to avoid impacts to the species.
Cricket Valley will develop a threatened and endangered species management plan, to be part of
the EM&CP, that includes protective measures for the Blanding’s turtle that will be employed
prior to and during construction activities. As identified for the bog turtle above, protective
measures will include installation of exclusion fencing and daily clearance surveys and
construction monitoring by qualified biologists.
Potential timber rattlesnake habitat was identified in the western portion of the proposed
Transmission Line, west of Route 22, during the September-November 2013 site reconnaissance.
The habitat was characterized and marked for further evaluation in 2014 following initiation of
the Project’s Section 7 consultation. Prior to construction, Cricket Valley will coordinate with
the USFWS and NYSDEC to confirm if there are any known timber rattlesnake sites within the
proposed Transmission Line right-of-way. The presence of timber rattlesnake will be assumed at
all known and potential sites (based on the results of the habitat survey) and measures will be
taken to avoid impacts to the species. Supporting structure erection in this area will be
performed by helicopter, reducing permanent disturbance to this habitat.
Cricket Valley will develop a threatened and endangered species management plan, to be
part of the EM&CP, that includes protective measures for the timber rattlesnake that will be
employed prior to and during construction activities. Additional protective measures will
include daily clearance surveys and construction monitoring by qualified biologists during
vegetation clearing and construction activities, use of exclusion fencing in select areas, and non-
mechanized clearing in habitat considered suitable for timber rattlesnake.
Noise levels from overhead transmission line construction were evaluated using a
screening level analysis approach. The calculation methodology requires the input of the number
and type of construction equipment by phase as well as a typical noise source levels associated
with that equipment to determine the composite sound levels for a standard distance of 50 feet
and 1,000 feet.
As demonstrated in the tabulated results, construction sound will be attenuated with
increased distance from the source. Other factors, such as vegetation, terrain and obstacles such
as buildings will act to further limit the impact of construction noise levels. Actual received
sound levels would fluctuate, depending on the construction activity, equipment type, and
separation distances between source and receiver.
While line construction noise levels are expected to be greater than ambient conditions
for some receivers, a significant reduction in the potential impact of construction noise
associated with the line construction will result from construction occurring over relatively short
50-400 foot stretches. Work in the proximity of any single general location along the
transmission lines will likely last no more than a few days to one week, as construction activities
move along the corridor. Therefore, no single receptor will be exposed to significant noise levels
for an extended period.
10
Project construction activities that could be facilitated by helicopters may include the
delivery of construction laborers, equipment, and materials to structure sites; structure
placement; hardware installation; and wire-stringing operations. Helicopters generally fly at low
altitudes; therefore, potential temporary increases to ambient sound levels will occur in the area
where helicopters are operating as well as along their flight path. Helicopter operations would
occur for short periods of time during daytime hours, and local residents will be contacted and
notified in advance of helicopter operations along the as they progress along the Project right-of-
way.
During operation, noise levels in rain may vary over a wide range. In the initial stages of
a rain, when the conductors are not thoroughly wet, there may be a considerable fluctuation in
the noise level as the rain intensity varies. When the conductors are thoroughly wet, the noise
fluctuations will often be less significant because, even as the rain intensity lessens, the
conductors will still be saturated with water drops that act as corona sources. The variation in
noise levels during rain depends greatly on the surface condition, size, and type of conductor as
well as on the voltage gradient at which the conductors are operating. The available noise
calculations performed and included in the Application demonstrate that noise levels associated
with the existing transmission line are greater than levels anticipated for the proposed line. This
variation occurs due to different equipment in use on the existing line compared to the proposed
line. When the existing and proposed transmission lines are considered cumulatively, sound
levels from the existing line dominate the acoustic environment. In addition, sound levels
generated by the Project during fair weather conditions have decreased to the extent that they
would not expect to be discernible from ambient sound levels at the closest receptor.
Finally, studies have been performed for the Transmission Line and the Re-conductoring
Segment which, through the use of computer models, assesses the expected electric and magnetic
field (“EMF”) effects using Winter Normal Ratings as required by the New York State Public
Service Commission. The results of the studies demonstrate that both the electric and magnetic
field levels of the Project are well below the maximum levels at the edge of the right-of-way as
recommended by Commission guidelines for electric transmission lines.
Need for the Proposed Transmission Project
The Project is needed to interconnect and deliver the electrical output of the Generation
Facility to the State transmission grid. Cricket Valley has secured the necessary approvals to
construct the new Generation Facility on property in Dover, New York that is directly adjacent to
Line 398. The Commission issued a Certificate of Public Convenience and Necessity (“CPCN”)
approving the construction and operation of the Generation Facility (See, Case 11-E-0593, Order
Issued to CVEC on February 14, 2013). The Commission found that the Generation Facility is
needed to help meet long-term electric capacity needs, will improve overall generation efficiency
and fuel consumption in New York State, provide black start benefits, help lower air emissions,
provide more cost-effective electricity and improve reliability throughout the region. The
Generation Facility has also secured necessary air and wetlands permits from NYSDEC together
with NYSDEC’s issuance of the findings statement required pursuant to the State Environmental
Quality Review Act. Finally, Cricket Valley obtained the necessary local approvals as well.
11
As noted above, NYISO determined that the Project is needed to reliably connect the
Generation Facility to the State transmission grid as a System Upgrade Facility. According to
the studies approved by the NYISO, the Project increases overall system reliability and maintains
acceptable levels of transfer capability when the Generation Facility is in operation. Exhibit E-4
details other electric system benefits that the Project will bring to the State of New York,
including transmission congestion relief and cost savings to ratepayers.
Alternative Routes
As noted above, the NYISO concluded that the line should terminate at the Pleasant
Valley Substation. Furthermore, no reasonable alternative substation locations or line routes
would provide the same benefits at a comparable cost or with such minimal environmental
impacts. The next closest 345 kV substation to the CVEC site is the East Fishkill Substation in
the Town of East Fishkill. The East Fishkill Substation is located approximately 9 miles south of
the Pleasant Valley Substation. A review of recent aerial photography identified an existing
Central Hudson 115 kV utility corridor running from the East Fishkill Substation east to Pawling
before turning south. However, at least 7 miles of new transmission line right-of-way would be
required to connect the Generation Facility to the Central Hudson right-of-way, which would
result in significant environmental impact. Moreover, the resulting line would be nearly 20 miles
in length compared to the more direct 14.6 mile route along the existing Con Edison Line 398
transmission line right-of-way. The primary route is best suited for this interconnection as it
results in the least environmental impact, annoyance and disruption of daily life to nearby
residents, and cost. Accordingly, no reasonable alternative ROW exists.
Waivers of Filing Requirements
Cricket Valley has included in this filing a Motion for Waiver of Certain Filing
Requirements.
CONCLUSION
For the reasons stated herein, and in the attached exhibits and appendices, the Applicant
respectfully requests that a CECPN be issued for the Project.
Dated: December 30, 2013
Respectfully submitted,
READ AND LANIADO, LLP
Attorneys for Cricket Valley Energy
Center, LLC
By: /s/ Sa m M. La n ia do
Sam M. Laniado
Konstantin Podolny
Cricket Valley Energy Center LLC i Table of Contents Cricket Valley Transmission Line Project Article VII Application
Table of Contents
EXHIBIT 1 GENERAL INFORMATION REGARDING APPLICATION 1-1
EXHIBIT 2 LOCATION OF FACILITY 2-1
2.2.1 Cricket Valley Switchyard 2-1 2.2.2 Cricket Valley Switchyard to the Pleasant Valley Substation 2-2 2.2.3 Cricket Valley Switchyard to the New York-Connecticut State Line 2-3
EXHIBIT 3 ALTERNATIVES 3-1
3.3.1 Transmission Voltage 3-4 3.3.2 Underground Transmission Line Technologies 3-5 3.3.3 High Voltage Direct Current (HVDC) Technology 3-10
3.5.1 Structure Selection 3-12 3.5.2 Foundation Design 3-12 3.5.3 Conductor Selection 3-13 3.5.4 Insulator Selection 3-13
EXHIBIT 4 ENVIRONMENTAL IMPACTS 4-1
4.2.1 New 345 kV Transmission Line Construction 4-2 4.2.1.1 Clearing 4-3 4.2.1.2 Permanent Access Road Construction 4-4 4.2.1.3 Temporary Construction Access in Sensitive Environmental
Areas 4-4 4.2.1.4 Laydown and Staging Areas 4-5
2.1 Introduction 2-12.2 General Description of Facility Location 2-1
2.3 Location Maps 2-32.4 Aerial Photographs 2-42.5 Supplemental Right-of-Way Information 2-42.6 Roadways and Right-of-Way Access 2-4
3.1 Introduction 3-13.2 The “No Action” Alternative 3-23.3 Alternative Transmission Technologies 3-4
3.4 Alternative Routes 3-103.5 345 kV Aboveground Transmission, Design Alternatives 3-12
4.1 Introduction 4-14.2 Project Description 4-2
Cricket Valley Energy Center LLC ii Table of Contents Cricket Valley Transmission Line Project Article VII Application
Table of Contents (Continued)
4.2.1.5 Structure Erection 4-6 4.2.1.6 Stringing of Conductors 4-7 4.2.1.7 Clean-up and Restoration 4-8
4.2.2 Existing 345 kV Transmission Line Re-conductoring 4-8 4.2.3 Pleasant Valley Substation Modification 4-8
4.3.1 Existing Land Use and Planning 4-9 4.3.1.1 Dutchess County 4-9 4.3.1.2 Town of Pleasant Valley 4-9 4.3.1.3 Town of LaGrange 4-10 4.3.1.4 Town of Union Vale 4-11 4.3.1.5 Town of Dover 4-11
4.3.2 New York State Open Space Conservation Plan 4-12 4.3.3 Floodplains 4-13 4.3.4 Agricultural Districts 4-13 4.3.5 Environmental Effects and Mitigation 4-14
4.4.1 Existing Landscape Quality 4-15 4.4.1.1 Visual Resource Inventory 4-16 4.4.1.2 NYSDEC Policy Inventory 4-18 4.4.1.3 Local Recreation Sites 4-20
4.4.2 Viewshed Assessment and Visual Simulation of Tower Structures 4-20 4.4.3 Environmental Effects and Mitigation 4-20
4.5.1 Existing Conditions 4-22 4.5.2 Potential Project Effects and Mitigation 4-24
4.6.1 Vegetation 4-26 4.6.1.1 Terrestrial Communities 4-29 4.6.1.2 Palustrine Communities 4-30 4.6.1.3 Cultural Communities 4-32 4.6.1.4 Invasive Species 4-32 4.6.1.5 Environmental Effects 4-33
4.6.2 Wetlands 4-34 4.6.2.1 NYSDEC-Regulated Wetlands 4-35 4.6.2.2 USACE-Regulated Wetlands 4-36 4.6.2.3 Locally Regulated Wetlands and Buffers 4-37 4.6.2.4 Environmental Effects and Mitigation 4-38
4.6.3 Wildlife 4-39
4.3 Land Use 4-9
4.4 Visual Resources 4-15
4.5 Cultural Resources 4-21
4.6 Terrestrial Ecology and Wetlands 4-25
Cricket Valley Energy Center LLC iii Table of Contents Cricket Valley Transmission Line Project Article VII Application
Table of Contents (Continued)
4.6.4 Threatened and Endangered Species and Significant Natural Communities 4-46 4.6.4.1 Bog Turtle (Clemmys [Glyptemys] muhlenbergii) 4-47 4.6.4.2 Indiana Bat (Myotis sodalis) 4-48 4.6.4.3 Blanding’s Turtle (Emydoidea blandingii) 4-48 4.6.4.4 Timber Rattlesnake (Crotalus horridus) 4-50 4.6.4.5 Side-Oats Grama (Bouteloua curtipendula var.
curtipendula) 4-50 4.6.4.6 Floodplain Forest 4-51 4.6.4.7 Red Maple-Hardwood Swamp 4-51 4.6.4.8 Rich Sloping Fen 4-51 4.6.4.9 Pitch Pine-Oak-Heath Rocky Summit 4-52
4.6.5 Environmental Effects and Mitigation 4-52
4.7.1 Topography 4-53 4.7.2 Geology 4-53 4.7.3 Soils 4-55 4.7.4 Environmental Effects and Mitigation 4-56
4.8.1 Affected Environment 4-63 4.8.1.1 Surface Waterbodies 4-64 4.8.1.2 Stormwater Management 4-65
4.8.2 Environmental Effects and Mitigation 4-65
4.9.1 Acoustic Terminology 4-67 4.9.2 Applicable Noise Standards 4-69
4.9.2.1 NYSDEC Noise Guidelines 4-69 4.9.3 Existing Conditions 4-70 4.9.4 Environmental Effects and Mitigation 4-71
4.9.4.1 Construction 4-71 4.9.4.2 Operations 4-74
EXHIBIT 5 DESIGN DRAWINGS 5-1
4.7 Topography and Soils 4-53
4.8 Water Resources 4-63
4.9 Noise 4-67
4.10 Electric and Magnetic Fields 4-774.11 Summary of Environmental Impacts 4-784.12 References 4-81
5.1 Introduction 5-15.2 Design Drawings 5-1
Cricket Valley Energy Center LLC iv Table of Contents Cricket Valley Transmission Line Project Article VII Application
Table of Contents (Continued)
EXHIBIT 6 ECONOMIC EFFECTS 6-1
6.3.1 Construction Schedule 6-3 6.3.2 Number of Workers by Construction Discipline 6-3 6.3.3 Available Construction Force 6-4 6.3.4 Mitigation 6-4
EXHIBIT 7 LOCAL ORDINANCES 7-1
7.2.1 Chapter 39: Building Construction 7-2 7.2.2 Chapter 46: Driveways and Highway Work Permits 7-2 7.2.3 Chapter 48: Fire Prevention 7-2 7.2.4 Chapter 50: Flood Damage Prevention 7-2 7.2.5 Chapter 53: Wetland, Water Body, and Watercourse Protection 7-3 7.2.6 Chapter 57: Refuse Collection, Storage and Disposal 7-3 7.2.7 Chapter 70: Nuisances 7-3 7.2.8 Chapter 74: Stormwater Management and Erosion and Sediment
Control 7-4 7.2.9 Chapter 79: Construction Specifications 7-4 7.2.10 Chapter 93: Vehicles and Traffic 7-4 7.2.11 Chapter 98: Zoning 7-5
7.3.1 Chapter 83: Building Construction Administration and Enforcement 7-6 7.3.2 Chapter 103: Dumps and Dumping 7-6 7.3.3 Chapter 107: Electrical Inspections 7-6 7.3.4 Chapter 120: Flood Damage Protection 7-6 7.3.5 Chapter 124: Freshwater Wetlands, Watercourses, and Waterbodies 7-7 7.3.6 Chapter 140: Illicit Discharges to Storm Sewers 7-7 7.3.7 Chapter 162: Noise 7-7 7.3.8 Chapter 197: Stormwater Management and Erosion and Sediment
Control 7-7 7.3.9 Chapter 240: Zoning 7-8 7.3.10 Chapter 195: Solid Waste 7-9
7.4.1 Chapter 105: Building Construction and Fire Prevention 7-9 7.4.2 Chapter 117: Electrical Standards 7-9
6.1 Introduction and Summary of Findings 6-16.2 Demographics 6-16.3 Construction Effects and Mitigation 6-2
6.4 Operational Effects and Mitigation 6-4
7.1 Introduction 7-17.2 Town of Pleasant Valley 7-2
7.3 Town of LaGrange 7-6
7.4 Town of Union Vale 7-9
Cricket Valley Energy Center LLC v Table of Contents Cricket Valley Transmission Line Project Article VII Application
Table of Contents (Continued)
7.4.3 Chapter 122: Erosion and Sediment Control 7-9 7.4.4 Chapter 161: Littering 7-10 7.4.5 Chapter 174: Parks and Other Town-Owned Property 7-10 7.4.6 Chapter 210: Zoning 7-10
7.5.1 Chapter 47: Building Construction 7-11 7.5.2 Chapter 61: Environmental Quality Review 7-12 7.5.3 Chapter 65: Erosion and Sediment Control 7-12 7.5.4 Chapter 69: Explosives 7-12 7.5.5 Chapter 77: Fire Prevention 7-12 7.5.6 Chapter 81: Flood Damage Prevention 7-13 7.5.7 Chapter 93: Highway Standards 7-13 7.5.8 Chapter 107: Noise 7-13 7.5.9 Chapter 145: Zoning 7-13
EXHIBIT 8 OTHER PENDING FILINGS 8-1
EXHIBIT 9 COST OF PROPOSED FACILITIES 9-1
9.2.1 General 9-1 9.2.2 Transmission Capital Costs 9-2 9.2.3 Substation Capital Costs 9-2
9.3.1 General 9-3 9.3.2 Access, Environmental, Staging Areas & Site Prep 9-4 9.3.3 Overhead Construction - Poles, Wires 9-5 9.3.4 Foundations & Grounding 9-5 9.3.5 Design, Engineering and Procurement 9-5 9.3.6 Surveying and Test Borings 9-5 9.3.7 Communications 9-5 9.3.8 Security 9-6
7.5 Town of Dover 7-11
7.6 References 7-15
8.1 Introduction 8-18.2 New York State Department of Transportation – Utility Work Permit 8-28.3 New York State Department of Environmental Conservation – SPDES Permit for
Construction Stormwater 8-28.4 U.S. Army Corps of Engineers – Section 404 Permit 8-38.5 Federal Aviation Administration – Notice of Proposed Construction or Alteration 8-38.6 References 8-4
9.1 Introduction 9-19.2 Capital Costs 9-1
9.3 Sources of Information 9-3
Cricket Valley Energy Center LLC vi Table of Contents Cricket Valley Transmission Line Project Article VII Application
Table of Contents (Continued)
9.3.9 Environmental Studies and Construction Services 9-6 9.3.10 Transmission Line Cost Exclusions 9-6
EXHIBIT E-1 DESCRIPTION OF PROPOSED TRANSMISSION FACILITIES E-1-1
E-1.7.1 Structural Loading E-1-5
EXHIBIT E-2 OTHER FACILITIES E-2-1
E-2.1.1 Existing Facility E-2-1 E-2.1.2 Proposed Modifications E-2-1
E-2.2.1 Existing Facility E-2-4 E-2.2.2 Proposed Modifications E-2-4
EXHIBIT E-3 UNDERGROUND CONSTRUCTION E-3-1
EXHIBIT E-4 ENGINEERING JUSTIFICATION E-4-1
E-4.3.1 Cricket Valley Energy Center (Generation Facility) E-4-2 E-4.3.2 The Generation Facility Electrical Interconnection to the NYISO
Grid E-4-4 E-4.3.2.1 N-1 Transfer Impacts E-4-5 E-4.3.2.2 NYISO System Upgrade Facilities Determination E-4-6
EXHIBIT E-5 EFFECT ON COMMUNICATIONS E-5-1
E-1.1 Introduction E-1-1E-1.2 Design Voltage and Voltage of Initial Operation E-1-2E-1.3 Type, Size, Number and Materials of Conductors E-1-2E-1.4 Insulator Design E-1-3E-1.5 Length of the Transmission Line E-1-3E-1.6 Construction Materials of the Towers E-1-3E-1.7 Design Standards E-1-4
E-2.1 Pleasant Valley Substation E-2-1
E-2.2 Connection to Existing Line 398 E-2-4
E-3.1 General E-3-1
E-4.1 Introduction E-4-1E-4.2 Description of Existing 345KV Transmission Line (Line 398) E-4-2E-4.3 Need for the Proposed Project E-4-2
E-4.4 Proposed Project Benefits E-4-7E-4.5 Impact of a Delay in the Construction Schedule E-4-8
E-5.1 Introduction E-5-1E-5-2 Description of Effects on Communication E-5-1
Cricket Valley Energy Center LLC vii Table of Contents Cricket Valley Transmission Line Project Article VII Application
Table of Contents (Continued)
EXHIBIT E-6 EFFECT ON TRANSPORTATION E-6-1
List of Figures
Figure 2-1 Connection to the Larger Electric Transmission System Figure 2-2 Cricket Valley Energy Center Tie In Figure 2-3 Area within 5 Miles Figure 2-4 Areas of Permanent Clearing Figure 2-5 Location of Facilities Figure 2-6 Area within 1,200 feet Figure 3-1 Pleasant Valley to Long Mountain Locus Map Figure 3-2 Existing Transmission, Hudson Valley Figure 3-3 Overhead 345 kV, Existing Line 398 and New Monopole, Typical Cross Section Figure 3-4 Underground 345 kV Transmission, Typical Cross Section Figure 3-5 Underground 345 kV Transmission, Typical Transition Structure, Photo Figure 3-6 Underground 345 kV Transmission, Typical Transition Facility (2 sheets) Figure 3-7 Underground 345 kV Transmission, Typical Vaults Figure 3-8 Routing Study Area Figure 4.3-1 Agricultural Districts and FEMA Designated Floodplains Figure 4.5-1 Archeological Sensitivity Data Figure 4.6-1 Forest Cover Clearing Figure 4.6-2 NYSDEC Wetlands and USFWS NWI Wetlands Figure 4.6-3 Wetland and Waterway Delineation Mapping Figure 4.6-4 Threatened and Endangered Species Habitat Figure 4.8-1 NYSDEC Mapped Surface Waterbodies Figure 5-1 Cricket Valley Energy Center Tie In Figure 5-2 Typical Cross Section 345 kV L-LINE and PV-CV Transmission Project Figure 5-3a Con Edison Pleasant Valley 345 kV Switch Station REDACTED Figure 5-3b Con Edison Pleasant Valley Bay 2, RN2 Breaker REDACTED
E-6.1 Airports E-6-1E-6.2 Railroads E-6-2E-6.3 Roads E-6-3E-6.4 Waterways E-6-5E-6.5 Pedestrian Traffic E-6-5
Cricket Valley Energy Center LLC viii Table of Contents Cricket Valley Transmission Line Project Article VII Application
List of Figures (Continued)
Figure 5-4a Insulators - Standard V-String Suspension Figure 5-4b Insulators - Standard Strain Assembly Figure 5-5 Preliminary Pole Design Figure 7-1 Zoning Figure E-2-1 Con Edison Pleasant Valley 345 kV Switch Station REDACTED Figure E-2-2 Con Edison Pleasant Valley Bay 2, RN2 Breaker REDACTED Figure E-2-3 Structure L-60-1 Double Dead-End Tap Pole Figure E-5-1 Existing Communications Facilities Figure E-5-2 Transmssion Line/Railroad Line Crossing, Town of Dover
List of Tables
Table 4.4-1 Visual, Recreational and Historical Resources within 3 Miles of the Project 4-16 Table 4.5-1 Areas of Archeological Sensitivity within Project Area 4-24 Table 4.6-1 Vegetation Communities Intersecting Transmission Line Construction
Right-of-Way 4-27 Table 4.6-2 Vegetation Communities Intersecting the Re-conductoring Segment 4-28 Table 4.6-3 NYSDEC-Regulated Mapped Wetlands within the Right-of-Way 4-36 Table 4.6-4 USFWS NWI Mapped Wetlands within the Project Right-of-Way 4-37 Table 4.6-5 Local Regulated Wetland Buffers 4-37 Table 4.6-6 Summary of Wildlife Expected to Occur in the Project Area 4-41 Table 4.7-1 Geologic Resources 4-54 Table 4.7-2 Soil Characteristics – Construction Suitability 4-57 Table 4.8-1 NYSDEC-Mapped Waterbodies Located within the Project Right-of-Way 4-65 Table 4.9-1 Sound Pressure Levels (LP) and Relative Loudness of Common Noise Sources and
Soundscapes 4-68 Table 4.9-1 Sound Pressure Levels (LP) and Relative Loudness of Common Noise Sources and
Soundscapes 4-69 Table 4.9-2 Estimated Baseline Sound Levels in Proximity to the Project 4-71 Table 4.9-3 Construction Phase Noise Levels for Overhead Line Construction 4-72 Table 4.10-1 Calculated Maximum Electric & Magnetic Fields at Edge of Right-of-Way 4-77 Table 6-1 Demographics of Communities along the Project Right-of-Way 6-2 Table 6-2 Available Workforce in Communities along the Project Right-of-Way 6-4 Table 8-1 Summary of Other Pending Filings 8-2
Cricket Valley Energy Center LLC ix Table of Contents Cricket Valley Transmission Line Project Article VII Application
List of Tables (Continued)
Table 9-1 Cost of Proposed Facilities (in $1,000) 9-7 Table E-4-1 Normal and Emergency Thermal Transfer Import Limits on the NY-NE Interface
Under Peak Load Conditions E-4-5 Table E-4-2 Normal and Emergency Thermal Transfer Export Limits on the NY-NE Interface
Under Peak Load Conditions E-4-5 Table E-4-3 Thermal Transfer Import Limits on the NY-NE Interface Under Peak Load
Conditions E-4-7 Table E-4-4 Thermal Transfer Export Limits on the NY-NE Interface Under Peak Load
Conditions E-4-8 Table E-5-1 Communications Towers within 5 Miles of the Project E-5-5 Table E-6-1 Roadway Crossings along the Transmission Line Right-of-Way E-6-3 Table E-6-2 Roadway Crossings along Line 398 Re-conductoring Segment E-6-4
Cricket Valley Energy Center LLC 1 Terms, Acronyms, and Abbreviations Cricket Valley Transmission Line Project Article VII Application
TERMS, ACRONYMS, AND ABBREVIATIONS
AASHTO American Association of State Highway and Transportation Officials
AC Alternating Current
ACSS aluminum steel support
Ad Alden Series soils
agl Above ground level
AM Amplitude Modulated
amsl above mean sea level
ANSI American National Standard Institute
APE Area of Potential Effect
Applicant Noble Environmental Power
BaB, BaC Bath series soils
BIB, BIC, BID Bath – Valois Complex Series soils
BMPs Best Management Practices
C(t) NYSDEC designation for streams capable of sustaining trout populations
CARIS Congestion Assessment and Relief Integration Study
CARIS Congestion Assessment and Relief Integration Study
CCVT Capacitance Coupled Voltage Transformers
CECPN Certificate of Environmental Compatibility and Public Need
CgA, CgB Castile Series soils
CIA, CIB Chenango Series soils
Commission New York State Public Service Commission
Con Edison Consolidated Edison
conductor single or multiple wire(s) used to transmit electricity
conductor security zone air space around a conductor that must be free of vegetation for safe operation of a transmission line
CPCN Certificate of Public Convenience and Necessity
Cricket Valley Cricket Valley Energy Center, LLC
dB Decibel
DC Direct current
DEIS Draft Environmental Impact Statement
dielectric fluid an alkylbenzene dielectric liquid used to control heat dissipation from underground high pressure fluid-filled electric cables
EA Environmental Assessment
ECL Environmental Conservation Law
EIR Environmental Impact Report
EIS Environmental Impact Statement
EM&CP Plan Environmental Management and Construction Plan
Cricket Valley Energy Center LLC 2 Terms, Acronyms, and Abbreviations Cricket Valley Transmission Line Project Article VII Application
TERMS, ACRONYMS, AND ABBREVIATIONS (Continued)
EMF Electric and Magnetic Field
EPRI Electric Power Research Institute
Epsilon Epsilon Associates, Inc.
ErA, EsB Erie Series soils
ESA Endangered Species Act
FAA Federal Aviation Administration
FCC Federal Communication Commission
FEMA Federal Emergency Management Agency
FERC Federal Energy Regulatory Commission
FIRM Flood Insurance Rate Map
FM frequency modulated radio signal or short-wave
GAP GAP Analysis Program
GHG Green House Gas
GIS Gas Insulated Switch Gear, Geographic Information System
GPS Global Positioning System
Ha Halsey Series soils
H-Frame double pole structure type designed to support aboveground electric circuits
HPFF high pressure fluid filled cable
HR Hamlet Residential
HsE Howard – Chenango Complex Series soils
HVDC High Voltage Direct Current
Hz Hertz
I Industrial Use District
ID Identification
IEEE Institute of Electrical and Electronic Engineers
ISONE Independent System Operator New England
JMA John Milner Associates, Inc.
kcmil thousand circular mills
kV kilovolt
kV/m kilovolts per meter
LaA, LaB Langford Series soils
LEF longitudinal electric field
LGIA Large Generator Interconnection Agreement
LOP Letter of Permission
LPOF Low-pressure oil-filled cable
Lw Sound Power Level
Cricket Valley Energy Center LLC 3 Terms, Acronyms, and Abbreviations Cricket Valley Transmission Line Project Article VII Application
TERMS, ACRONYMS, AND ABBREVIATIONS (Continued)
M million
M&E Rating Mechanical & Electrical Strength Ratings
MDR Medium Density Residential
mG milligauss
MHz Mega Hertz
MP milepost
MPT Maintenance and Protection of Traffic
MrB, MrC Mardin Series soils
MRI Magnetic Resonance Imagery
MRLC Multi-resolution Land Characteristics
MUTCD Manual of Uniform Traffic Control Devices
mV millivolts
MVA megavolt ampere
MW megawatt
NEMA National Electric Manufacturer Association
NEPA National Environmental Policy Act
NESC National Electric Safety Code
NESC National Electrical Safety Code
NLCD National Land Cover Database
NPCC Northeast Power Coordinating Council
NPDES National Pollution Discharge Elimination System
NPS National Park Service
NRCS National Resource Conservation Service
NRHP National Register of Historic Places
NU Northeast Utilities
NWI National Wetlands Inventory
NWI National Wetlands Inventory
NYCRR New York Code of Rules and Regulations
NYISO New York Independent System Operator
NYNHP New York Natural Heritage Program
NYOPRHP or OPRHP New York State Office of Parks, Recreation and Historical Preservation
NYSDAM New York State Department of Agriculture and Markets
NYSDEC New York State Department of Environmental Conservation
NYSDOS New York State Department of State
NYSDOT New York State Department of Transportation
NYSGIS New York State Geographical Information Systems
Cricket Valley Energy Center LLC 4 Terms, Acronyms, and Abbreviations Cricket Valley Transmission Line Project Article VII Application
TERMS, ACRONYMS, AND ABBREVIATIONS (Continued)
O&M operation and maintenance
OATT Open Access Transmission Tarff
OI Office/Industrial
OPRHP
OPGW
Office of Parks, Recreation and Historic Preservation
Optical Groundwire
OSHA Occupational Safety and Health Administration
PEM Palustrine Emergent Wetland
PFO/PSF Palustrine Forested/Shrub
PFO1 Palustrine Forested, Broad-leaved Deciduous Wetlands
PFO1/4 Palustrine Forested, Broad-leaved Deciduous/Needle-leaved Evergreen Wetlands
PIP Public Involvement Program
Pk, Pm Papakating Series soils
PPE Personal Protection Equipment
Project Cricket Valley Transmission and Re-conductoring Project
PSC New York Public Service Commission
Psi pounds per square inch
PSS Palustrine Scrub-Shrub
pu per unit
PVC polyvinyl chloride
R Residential Use Zoning District
RA Rural Agricultural
RC Resource Conservation
Rh Red Hood Series soils
ROW right-of-way
RU Rural
SEQR State Environmental Quality Review
SEQRA State Environmental Quality Review Act
SHPO State Historic Preservation Office
SPDES State Pollutant Discharge Elimination System
SPHINX State Preservation Historical Information Network
SRIS System Reliability Impact Study
State New York State
Su Sun Series soils
SUF System Upgrade Facility
SUNY State University of New York
SWPPP Storm Water Pollution Prevention Plan
Cricket Valley Energy Center LLC 5 Terms, Acronyms, and Abbreviations Cricket Valley Transmission Line Project Article VII Application
TERMS, ACRONYMS, AND ABBREVIATIONS (Continued)
Tg Tioga Series Soils
UPNY/SENY Upstate New York / Southeast New York
USACE United Sates Army Corp of Engineers
USFWS United States Fish and Wildlife Service
USGS United States Geological Survey
VEF vertical electric field
VIA Visual Impact Assessment
VMP Vegetation Management Plan
VoA, VoB Volusia Series soils
WsB Williamstown Series soils
XLPE Cross-linked Polyethylene
