valley lateral project

VALLEY LATERAL PROJECT

DRAFT RESOURCE REPORT 1 General Project Description

FERC Docket No. PF15-23-000

June 2015

Draft Resource Report 1 – General Project Description i Valley Lateral Project

TABLE OF CONTENTS Section Page

1.0 RESOURCE REPORT 1 – GENERAL PROJECT DESCRIPTION .................................................... 1-5

1.1 INTRODUCTION ......................................................................................................................................... 1-5 1.2 PURPOSE AND NEED .................................................................................................................................. 1-7 1.3 LOCATION AND DESCRIPTION OF PROJECT FACILITIES ............................................................................. 1-8

1.3.1 Pipeline Facilities ................................................................................................................................ 1-8 1.3.2 Aboveground Facilities ........................................................................................................................ 1-9

1.3.2.1 Meter Station ............................................................................................................................... 1-9 1.3.2.2 Launcher and Receiver Facilities .............................................................................................. 1-10

1.3.3 Design Standards ............................................................................................................................... 1-10 1.3.4 Status of Field Surveys ....................................................................................................................... 1-10

1.4 LAND REQUIREMENTS ............................................................................................................................ 1-11 1.4.1 Pipeline Facilities .............................................................................................................................. 1-11

1.4.1.1 Construction Right-of-Way ....................................................................................................... 1-11 1.4.1.2 Additional Temporary Workspace ............................................................................................ 1-12 1.4.1.3 Access Roads ............................................................................................................................ 1-13 1.4.1.4 Pipe Yards and Contractor Yards .............................................................................................. 1-14 1.4.1.5 Operations Easement ................................................................................................................. 1-14

1.4.2 Aboveground and Pipeline Appurtenant Facilities ............................................................................ 1-14 1.5 CONSTRUCTION SCHEDULE AND COMPLIANCE PROCEDURES ................................................................. 1-14

1.5.1 Construction Schedule ....................................................................................................................... 1-14 1.5.2 Compliance Assurance Measures ...................................................................................................... 1-15

1.6 CONSTRUCTION PROCEDURES ................................................................................................................. 1-16 1.6.1 Pipeline Facilities .............................................................................................................................. 1-16

1.6.1.1 Typical Upland Pipeline Construction Procedures ................................................................... 1-17 1.6.1.2 Wetland Construction Procedures ............................................................................................. 1-23 1.6.1.3 Waterbody Construction Procedures ......................................................................................... 1-24 1.6.1.4 Road and Railroad Crossings .................................................................................................... 1-27 1.6.1.5 Foreign Pipeline Crossings ....................................................................................................... 1-28 1.6.1.6 Residential Areas ...................................................................................................................... 1-29 1.6.1.7 Commercial and Industrial Areas .............................................................................................. 1-29 1.6.1.8 Agricultural Areas ..................................................................................................................... 1-29 1.6.1.9 Other Construction Procedures ................................................................................................. 1-30

1.6.2 Aboveground Facilities ...................................................................................................................... 1-30 1.6.2.1 General Construction Procedures .............................................................................................. 1-30

1.6.3 Restoration ......................................................................................................................................... 1-31 1.6.3.1 Pipeline Right-of-Way .............................................................................................................. 1-31 1.6.3.2 Aboveground Facilities ............................................................................................................. 1-32 1.6.3.3 Access Roads ............................................................................................................................ 1-32 1.6.3.4 Pipe and Contractor Yards ........................................................................................................ 1-32

1.7 OPERATIONS AND MAINTENANCE PROCEDURES ..................................................................................... 1-33 1.7.1 Pipeline .............................................................................................................................................. 1-33 1.7.2 Aboveground Facilities ...................................................................................................................... 1-34

1.8 FUTURE PLANS AND ABANDONMENT...................................................................................................... 1-34 1.9 PUBLIC OUTREACH ................................................................................................................................. 1-34

1.9.1 Federal and State Agencies ............................................................................................................... 1-34 1.9.2 Landowners ....................................................................................................................................... 1-34 1.9.3 Public Participation ........................................................................................................................... 1-35 1.9.4 Environmental Complaint Resolution Procedure .............................................................................. 1-36

1.10 PERMITS AND APPROVALS ...................................................................................................................... 1-36 1.11 NON-JURISDICTIONAL FACILITIES .......................................................................................................... 1-37

Draft Resource Report 1 – General Project Description ii Valley Lateral Project

1.12 CUMULATIVE IMPACTS ........................................................................................................................... 1-40 1.12.1 Potential Cumulative Impact on Resources within the Project Area............................................. 1-41

1.12.1.1 Geology, Soils, and Sediments .................................................................................................. 1-41 1.12.1.2 Water Resources and Wetlands ................................................................................................. 1-41 1.12.1.3 Vegetation and Wildlife ............................................................................................................ 1-42 1.12.1.4 Cultural Resources .................................................................................................................... 1-42 1.12.1.5 Socioeconomics ........................................................................................................................ 1-42 1.12.1.6 Land Use ................................................................................................................................... 1-43 1.12.1.7 Traffic, Parking, and Transit ..................................................................................................... 1-43 1.12.1.8 Infrastructure and Public Services............................................................................................. 1-43 1.12.1.9 Air Quality ................................................................................................................................ 1-44 1.12.1.10 Noise Quality ........................................................................................................................ 1-44 1.12.1.11 Conclusion ............................................................................................................................ 1-44

LIST OF FIGURES

Figure 1.1-1 Valley Lateral Project General Location Map .............................................................................. 1-6

Figure 1.6-1 Typical Pipeline Construction Sequence ..................................................................................... 1-19

Figure 1.12-1 Projects with Potential Cumulative Impacts on Resources within the General Area of the Valley Lateral Project [Note: Not Included in this Draft]

LIST OF TABLES TABLE 1.3-1 Existing Rights-of-Way Adjacent to the Valley Lateral [Note: Not included in this draft] .......... 1-9

TABLE 1.4-1 Land Requirements for the Valley Lateral Project [Note: Not included in this draft] ................ 1-11

TABLE 1.4-2 Location of ATWS along the Project Pipeline [Note: Not included in this draft] ....................... 1-13

TABLE 1.4-3 Permanent and Temporary Access Roads [Note: Not included in this draft] .............................. 1-13

TABLE 1.4-4 Pipe and Contractor Yards .......................................................................................................... 1-14

TABLE 1.5-1 Average and Peak Construction Work Force [Note: Not included in this draft] ......................... 1-15

TABLE 1.6-1 Hydrostatic Test Water Source and Discharge Locations [Note: Not included in this draft] ...... 1-22

TABLE 1.6-2 Proposed HDD Locations [Note: Not included in this draft] ...................................................... 1-27

TABLE 1.6-3 Road and Railroad Crossing Methods [Note: Not included in this draft] ................................... 1-28

TABLE 1.10-1 Permits and Approvals ................................................................................................................ 1-36

TABLE 1.12-1 Projects with Potential Cumulative Impacts on Resources Within the General Area of the Valley Lateral Project [Note: Not included in this draft] ........................................................................ 1-40

Draft Resource Report 1 – General Project Description i Valley Lateral Project

LIST OF APPENDICES APPENDIX 1A – Project Drawings and Maps

USGS Quadrangle Excerpts

Typical Right-of-Way Configurations [Note: Not included in this draft]

Meter Station Plot Plan [Note: Not included in this draft]

Volume II-B (Full Size – Provided Under Separate Cover)

Pipeline Alignment Sheets (Scale 1-inch = 200 feet) [Note: Not included in this draft]

USGS Quadrangle Maps [Note: Not included in this draft]

National Wetland Inventory (NWI) Maps [Note: Not included in this draft]

APPENDIX 1B – Project Compliance and Mitigation Plans

Project Environmental Construction Standards [Note: Not included in this draft]

Spill Prevention and Response Procedures [Note: Not included in this draft]

Horizontal Directional Drill Contingency Plan [Note: Not included in this draft]

Winter Construction Plan [Note: Not included in this draft]

Environmental Complaint Resolution Procedures [Note: Not included in this draft]

APPENDIX 1C – Agency Correspondence

APPENDIX 1D – List of Affected Landowners [Privileged and Confidential, bound separately in Volume III]

APPENDIX 1E – Public Participation Plan

APPENDIX 1F – CPV Valley Energy Center New York State Public Service Commission Approval

Draft Resource Report 1 – General Project Description ii Valley Lateral Project

RESOURCE REPORT 1—GENERAL PROJECT DESCRIPTION

Filing Requirement Location in

Environmental Report

Provide a detailed description and location map of the project facilities (§ 380.12(c)(1)). Include all pipeline and aboveground facilities. Include support areas for construction or operation. Identify facilities to be abandoned.

Sections 1.1, 1.3 Figure 1.1-1

Describe any non-jurisdictional facilities that would be built in association with the project. (§ 380.12(c)(2)). Include auxiliary facilities (See § 2.55(a)). Describe the relationship to the jurisdictional facilities. Include ownership, land requirements, gas consumption, megawatt size,

construction status, and an update of the latest status of Federal, state, and local permits/approvals.

Include the length and diameter of any interconnecting pipeline. Apply the four-factor test to each facility (see § 380.12(c)(2)(ii)).

Section 1.11

Provide current, original United States Geological Survey (USGS) 7.5-minute series topographic maps with mileposts showing the project facilities (§ 380.12(c)(3)). Maps of equivalent details are acceptable if legible (check with staff). Show locations of all linear project elements, and label them. Show locations of all significant aboveground facilities, and label them.

Appendix 1A

Provide aerial images or photographs or alignment sheets based on these sources with mileposts showing the project facilities. (§ 380.12(c)(3)). No more than 1-year old Scale no smaller than 1:6,000

Appendix 1A

Provide plot/site plans of compressor stations showing the location of the nearest noise-sensitive areas (NSA) within 1 mile. (§ 380.12(c)(3,4)). Scale no smaller than 1:3,600 Show reference to topographic maps and aerial alignments provided above.

Appendix 1A

Describe construction and restoration methods. (§ 380.12(c)(6)). Section 1.6 Identify the permits required for construction across surface waters.

(§ 380.12(c)(9)). Include the status of all permits. For construction in the Federal offshore area be sure to include consultation

with the MMS. File with the MMS for rights-of-way grants at the same time or before you file with FERC.

Section 1.10

Provide the names and addresses of all affected landowners as required and certify that all affected landowners will be notified; Affected landowners are defined in § 157.6(d)(2) Provide an electronic copy directly to the environmental staff.

Appendix 1D (Filed as Privileged)

Draft Resource Report 1 – General Project Description iii Valley Lateral Project

RESOURCE REPORT 1—GENERAL PROJECT DESCRIPTION

Filing Requirement Location in

Environmental Report

Additional Information Often Missing and Resulting in Data Requests

Describe all authorizations required to complete the proposed action and the status of applications for such authorizations.

Section 1.10 and Table 1.10-1

Provide plot/site plans of all other aboveground facilities that are not completely within the right-of-way.

Appendix 1A

Provide detailed typical construction right-of-way cross-section diagrams showing information such as widths and relative locations of existing rights-of-way, new permanent rights-of-way, and temporary construction rights-of-way. See Resource Report 8 – Land Use, Recreation, and Aesthetics.

Appendix 1A

Summarize the total acreage of land affected by construction and operation of the project.

Section 1.4

If Resource Report 5 - Socioeconomics is not provided, provide the start and end dates of construction, the number of pipeline spreads that would be used, and the workforce per spread.

Section 1.5.1

Send two (2) additional copies of topographic maps and aerial images/photographs directly to the environmental staff of the Office of Energy Projects (OEP).

Appendix 1A

Draft Resource Report 1 – General Project Description iv Valley Lateral Project

ACRONYMS AND ABBREVIATIONS API American Petroleum Institute ATWS additional temporary workspace BMPs Best Management Practices CFR Code of Federal Regulations CPV CPV Valley, LLC DEIS Draft Environmental Impact Statement ECS Environmental Construction Standards FERC or Commission Federal Energy Regulatory Commission FERC Plan Upland Erosion Control, Revegetation, and Maintenance Plan FERC Procedures Wetland and Waterbody Construction and Mitigation Procedures HDD horizontal directional drill HDD Plan Horizontal Directional Drill Contingency Plan Millennium Millennium Pipeline Company, L.L.C. MP milepost NDE non-destructive examination NEPA National Environmental Policy Act NGA Natural Gas Act NYISO New York Independent System Operator’s NYSDAM New York State Department of Agriculture and Markets NYSDEC New York State Department of Environmental Conservation OPRHP Office of Parks, Recreation, and Historic Preservation PAR permanent access road Project Valley Lateral Project SCADA Supervisory Control and Data Acquisition SEQRA State Environmental Quality Review Act TAR temporary access road U.S. United States USACE U.S. Army Corps of Engineers USDOT U.S. Department of Transportation USGS U.S. Geological Survey

Draft Resource Report 1 – General Project Description 1-5 Valley Lateral Project

1.0 RESOURCE REPORT 1 – GENERAL PROJECT DESCRIPTION 1.1 INTRODUCTION Millennium Pipeline Company, L.L.C. (Millennium) is seeking authorization from the Federal Energy Regulatory Commission (FERC or Commission) pursuant to Section 7(c) of the Natural Gas Act1 (NGA) to construct, install, own, operate, and maintain the Valley Lateral Project (Project). The Project will provide firm natural gas delivery to the new 650 megawatt gas-powered CPV Valley Energy Center proposed by CPV Valley, L.L.C. (CPV) in the town of Wawayanda, New York. The Project, as proposed, includes approximately 7.8-miles of new natural gas pipeline that will extend from Millennium’s existing main line pipeline north to the CPV Valley Energy Center as well as ancillary aboveground facilities. The target in-service date for the Project is April 2017. The FERC will conduct a full review of the Project under its regulations in compliance with the NGA and the National Environmental Policy Act (NEPA). On April 30, 2015, Millennium requested approval from the FERC to initiate the Pre-filing NEPA Review Process for the Project. The FERC issued its approval of Millennium’s Pre-filing request on May 19, 2015, under Docket No. PF15-23-000. The Pre-filing Review Process will allow for active participation by interested stakeholders throughout the Project development process while maintaining a coordinated schedule and ensuring the timely review and decision on the certificate application. The Pre-filing Review Process will also allow Millennium and the FERC to have open communication during the planning stages of the Project and will greatly improve the FERC’s ability to identify issues early and address them in the Environmental Assessment. Upon completion of the Pre-filing Review Process, Millennium will file an application with the Commission for a Certificate of Public Convenience and Necessity to construct, install, own, operate, and maintain the Project. The FERC’s NEPA review process requires an applicant to submit an Environmental Report consisting of up to 13 individual resource reports. Each resource report addresses a particular aspect of the environment in the Project area and evaluates the potential effects of the construction and operation of the Project on that particular aspect. This Resource Report 1 (General Project Description) identifies the purpose and need for the proposed Project, the locations and descriptions of Project facilities, and the land requirements associated with the construction and operation of the proposed facilities. This report also discusses: the proposed construction procedures; construction schedule; work force, operation and maintenance procedures; potential plans for future expansion of the proposed facilities; agency consultation and landowner notification; permits and approvals required to construct and operate the Project; status of field surveys; proposed non-jurisdictional facilities; and an assessment of cumulative impacts from other reasonably foreseeable future projects. A checklist showing the status of the FERC filing requirements for Resource Report 1 is included following the table of contents. Required drawings and maps showing the proposed Project facilities are located in Appendix 1A. Refer to Figure 1.1-1 for a Project overview map that shows the location of all proposed facilities and their association with Millennium’s existing pipeline facilities.

1 15 U.S.C. § 717f(c) (2012).


Figure 1.1-1 Valley Lateral Project General Location Map


1.2 PURPOSE AND NEED The Project will create firm lateral capacity capable of delivering approximately 130,000 dekatherms per day of natural gas as fuel to the proposed CPV Valley Energy Center to be located in Orange County, New York. Millennium and CPV have entered into a precedent agreement regarding the development of the Project, which provides that Millennium and CPV will enter into a firm transportation service agreement for service on the lateral for a primary term of 15 years. In accordance with the precedent agreement, service on the lateral is anticipated to commence in April 2017 to facilitate the commissioning process of the CPV Valley Energy Center. According to CPV2, the CPV Valley Energy Center will be a new 650 MW combined-cycle, natural gas-fired electric power generating facility constructed to help meet the region’s growing energy demands. The energy center will use the most advanced and environmentally-conscious power generation technology available, making it one of New York’s cleanest natural gas energy facilities. The CPV Valley Energy Center will generate enough electricity to power more than 650,000 homes in the region when operational. Additionally, this new generation facility will help to lower electricity costs, which could save New York ratepayers more than $400 million a year in reduced electricity costs. The plant will reduce greenhouse gas emissions by nearly half a million tons a year due to the high efficiency of combined-cycle generation and the displacement of older, less-efficient units. In addition, the CPV Valley Energy Center is expected to create 400-500 construction jobs during CPV’s construction, as well as 25 permanent jobs at the facility. The CPV Valley Energy Center project would generate more than $1 billion in economic benefit to the local economy. During its first two decades of operation, the CPV Valley Energy Center project is estimated to provide in excess of $47 million in additional revenue that can be used to help reduce tax burdens, provide funding for infrastructure maintenance, and support local recreational and civic programs. The CPV Valley Energy Center will help address the electric reliability needs of downstate New York. The New York Independent System Operator’s (NYISO) established, and the Commission approved, a new capacity zone and related demand curve to address a transmission constraint that limits the deliverability of electric power into the Lower Hudson Valley. Specifically, the NYISO determined that the Upstate New York/Southeast New York Highway interface into the Lower Hudson Valley was constrained because it was “bottling” 849.2 MW of generation from areas upstate of the Lower Hudson Valley.3 Accordingly, the NYISO created the Lower Hudson Valley zone to provide more accurate price signals and encourage the addition of generation and transmission resources to enhance the reliability within the new capacity zone.4 The CPV Valley Energy Center site is located within this new zone.

2 See, http://www.cpvvalley.com/about.html 3 N.Y. Indep. Sys. Operator, Inc., 144 FERC ¶ 61,126 at P 14 (2013), on reh’g, N.Y. Indep. Sys. Operator, Inc., 147 FERC ¶ 61,152 (2014). 4 Id. at PP 24-25.


1.3 LOCATION AND DESCRIPTION OF PROJECT FACILITIES The Project includes a new pipeline lateral and entails all new facilities. All receipt and delivery points and pipeline facilities are designed to meet contractual requirements. The Project consists of the following components and facilities:

Approximately 7.8 miles of new pipeline in Orange County, New York; One delivery meter station at the proposed CPV Valley Energy Center, approximate milepost

(MP) 7.8; One launcher facility (MP 0.0); and One receiver facility at the proposed CPV Valley Energy Center (MP 7.8).

The proposed locations of Project facilities are shown on United States (U.S.) Geological Survey (USGS) Quadrangle excerpts provided in Appendix 1A. Typical plot plans showing the “pig” launcher/receiver are also provided in Appendix 1A [NOTE: Typical plot plans not included in this draft]. Included in Appendix 1A are full-size USGS topographic maps [NOTE: Not included in this draft] and aerial-based alignment sheets showing the proposed locations of the Project pipeline and associated components, including the construction and operational pipeline rights-of-way, additional temporary workspace (ATWS), aboveground facilities, contractor yards, access roads, and horizontal directional drill (HDD) locations as described in the following sections. 1.3.1 Pipeline Facilities

The Project will include approximately 7.8 miles of new natural gas pipeline that will extend from an interconnection with Millennium’s existing pipeline in Minisink, Orange County, New York north to the proposed CPV Valley Energy Center in Wawayanda, Orange County, New York. To the extent practicable, the Project pipeline will be constructed adjacent to but not in other existing rights-of-way (e.g., pipelines, electric transmission lines, roadways, etc.). Based on current design, approximately 24 percent of the total length of the new pipeline will be adjacent to existing rights-of-way. Table 1.3-1 lists the locations where the pipeline will be installed adjacent to other existing rights-of-way, the operator, and the types of permanent rights-of-way where known.


TABLE 1.3-1 Existing Rights-of-Way Adjacent to the Valley Lateral

[NOTE: Not included in this draft]

Milepost Begin

Milepost End

Length Adjacent to or Within Existing

ROW (miles)

Type of ROW

Approximate Offset Distance (feet) Width of

Existing ROW to be Used for

Construction ROW (feet)

Width of Existing

ROW to be Used for

Operation ROW (feet)

from Construction

Work area

from Pipeline

Centerline

To Be Determined

TOTAL:

%:

Currently, the Project does not contemplate any areas where the pipeline will be placed directly within any existing easements (i.e. collocate) because there is not sufficient construction space to safely install the pipeline within the existing utility easement. 1.3.2 Aboveground Facilities

Aboveground facilities for the Project will consist of the tap valve (MP 0.0), delivery meter station (MP 7.8), launcher (MP 0.0) and receiver (MP 7.8) sites. These facilities are depicted on the full-size USGS maps [NOTE: Not included in this draft] and aerial-based alignment sheets and the USGS map excerpts provided in Appendix 1A.

Meter Station

The Project will include one new delivery meter station located on CPV’s property and within the developed area already approved for construction of the CPV Valley Energy Center at approximately MP 7.8. Equipment to be installed at the meter station includes gas piping, ultrasonic meter, pressure and flow control regulation, valving, gas chromatograph, gas quality equipment, filter/separation plus tank and containment, gas heaters, a data acquisition system, building(s), electrical power, above ground piping, and fencing facilities. Electrical power will be provided for building cooling, lighting, ventilation, and control equipment without requiring the construction of any additional facilities other than those already approved for the CPV Valley Energy Center. A small satellite dish may be installed for Supervisory


Control and Data Acquisition (SCADA). Voice communications and SCADA backup will be provided utilizing telephone service, which also will not require the construction of any additional facilities other than those already approved for the CPV Valley Energy Center.

Launcher and Receiver Facilities

A launcher will be installed at the beginning of the lateral pipeline and a receiver at the end of the lateral pipeline to accommodate in-line inspection tools (smart pigs) for the periodic internal inspection of the pipeline during operation. The launcher and receiver will extend the pipeline aboveground to facilitate the insertion and removal of the in-line inspection tools. 1.3.3 Design Standards

All pipeline facilities and associated appurtenances will be designed, constructed, tested, operated, and maintained to conform to or exceed the requirements of the U.S. Department of Transportation (USDOT) in 49 Code of Federal Regulations (CFR) Parts 191 and 192, Transportation of Natural and Other Gas by Pipeline, Minimum Safety Standards, Annual Reports, Incident Reports, and Safety-related Condition Reports; 18 CFR § 380.15, Site and Maintenance Requirements; and other applicable federal and state regulations. The pipeline will be constructed of carbon steel pipe that has been manufactured in accordance with the American Petroleum Institute’s (API) specifications for seamless and welded steel line pipe for use in conveying gas in the natural gas industries (API 5L) with a fusion-bonded epoxy coating. 1.3.4 Status of Field Surveys

Detailed civil, biological and cultural field surveys began in May 2015 within a 300-foot-wide survey corridor to accommodate the construction/permanent rights-of-way, ATWS, and minor route realignments that may be required for site-specific features. Environmental components of the survey program include delineations of wetlands and waterbodies, identification of threatened and endangered species or their habitat, surveys for cultural resources within the area of potential effect (APE), identification of nearby water supply wells and residences, and noise surveys at the meter station and HDD site. Field surveys are ongoing. As of June 1, 2015, landowners owning approximately 91 percent of the right of way currently being considered as the preferred route have granted survey permission on the Project. Both civil and environmental surveys are ongoing along the pipeline survey corridor, as well as at the aboveground facility sites, temporary and permanent access roads, and contractor yards. As of June 1, 2015, approximately 95 percent of the civil, biological, and cultural surveys have been completed on land where survey permission has been granted. More detailed information on the methodologies used, and the status and results of surveys completed to date will be included in draft Resource Report 2 (Water Use and Quality); draft Resource Report 3 (Vegetation and Wildlife, including threatened and endangered species); draft Resource Report 4 (Cultural Resources); and draft Resource Report 9 (Air Quality and Noise) to be submitted by September 2015.


1.4 LAND REQUIREMENTS Construction and operation of the pipeline will require acquisition of construction work areas consisting of the temporary construction right-of-way, ATWS, access roads from public roadways to the construction work areas, and temporary contractor yard(s). Following construction, all construction work areas will be restored and revegetated. Millennium will retain a 50-foot-wide permanent easement for operation of the pipeline. Table 1.4-1 summarizes land requirements for construction and operation of the Project components. Tables 8.X-X and 8.X.X in Resource Report 8 [NOTE: Not included in this draft] will provide an analysis of existing land uses crossed and affected by Project construction and operation.

TABLE 1.4-1 Land Requirements for the Valley Lateral Project


Facility

Land Affected During

Construction (acres) a/

Land Affected During Operation

(acres) b/

Pipeline [TBD] [TBD]

Aboveground Facilities [TBD] [TBD]

Meter Station [TBD] [TBD]

Launcher (MP 0.0) [TBD] [TBD]

Receiver (MP 7.8) [TBD] [TBD]

Main Line Valves [TBD] [TBD]

Access Roads [TBD] [TBD]

Pipe/Contractor Yards [TBD] [TBD]

TOTAL: a/ Includes all construction workspace, i.e. the permanent right-of-way, temporary right-of-way, and ATWS. b/ Includes only the permanent right-of-way. TBD = To be determined

1.4.1 Pipeline Facilities

The following sections describe the various components of the construction work areas and land that will be maintained for operation of the Project.

Construction Right-of-Way

Appendix 1A includes typical right-of-way cross-sections for construction in uplands, agricultural land, and wetlands [NOTE: Not included in this draft]. Millennium is proposing to use a construction right-of-way width that will provide for safe working conditions and efficient pipe installation while also protecting sensitive environmental resources. The dimensions of Millennium’s typical construction rights-of-way are based on the following considerations.


Construction Work Area: The equipment work area typically will require approximately 75 feet

for efficient pipe installation and to accommodate: o Automatic welding – Millennium may use automatic welding to weld the pipe joints

together before lowering the pipe into the trench. This involves use of portable shelters, commonly referred to as “sheds” or “shacks,” that are leapfrogged down the right-of-way by sidebooms during mainline welding operations. The standard width of these sheds is between 10 and 12 feet, not including maneuvering room for the sideboom to move the sheds down the right-of-way.

o A travel lane – The travel lane is essential for efficient pipeline construction and allows equipment and support crews to pass around construction activities. During pipe laying activities, the travel lane allows sidebooms to leapfrog along the right-of-way, allowing for longer segments of pipe to be installed. For short distances and in environmentally sensitive areas, the travel lane can be reduced, although ATWS is often required outside of the sensitive areas for pipe makeup and/or spoil storage.

The construction right-of-way width and temporary land requirements for installation of the pipeline will differ according to the type of terrain encountered, construction methods that will be used, and environmental sensitivity of the land being crossed. The typical right-of-way cross-sections are provided in Appendix 1A [NOTE: Not included in this draft]. Based on construction experience involving comparable installations, and evaluation of the environmental sensitivity of the land being crossed, Millennium is proposing use of the following typical construction right-of-way widths:

110 feet in agricultural land (i.e., full right-of-way topsoil segregation); 75 feet in upland areas, and non-forested and forested wetland areas; and Up to 135 feet in areas of steep side slope.

Additional Temporary Workspace

ATWS will be required where an obstacle prevents the normal placement of spoil and the placement of pipe sections immediately adjacent to the pipe trench (for example, at a waterbody crossing or road crossing), where additional volumes of spoil will be generated in areas where a reduced right-of-way is being used (for example, at wetland crossings), or where additional construction operations will be performed (for example, at Horizontal Directional Drills (HDD)). ATWS typically will be required on both sides of road, railroad, wetland, and waterbody crossings, at truck turnarounds, at hydrostatic test water withdrawal pump locations, at pipe tie-ins, at HDD entry and exit points, at foreign pipeline or other utility crossings, and for staging and fabrication of drag sections. The size and configuration of each ATWS is unique and dependent upon the existing conditions at each work location (e.g., available or accessible space, the presence of buildings and other structures, crossing angle, crossing depth, length of crossing, terrain, or the presence of trees or sensitive habitat). See Table 1.4-2 for the proposed location and purpose of each ATWS.


TABLE 1.4-2 Location of ATWS along the Project Pipeline [NOTE: Not included in this draft]

Approximate MP

Side of Construction

Work Area

Approximate Size (feet)

Acres Existing

Land Use Justification

[TBD] [TBD] [TBD] [TBD] [TBD] [TBD]





TOTAL: [TBD]

a/ Land uses include: AG = Agricultural; CI = Commercial/industrial lands; UF = Upland forest; OL = Open land; OW = Open water; RL = Residential land; WL = Wetlands

TBD = To be determined

Access Roads

Access roads are used to transport construction workers, equipment and materials to the construction work area from public interstate, state, county and local highways/roads. These access roads include private roads and/or two-tracks that may require minor modification or improvement to safely support the expected loads associated with the movement of construction equipment and materials to and from the public roadways to the construction right-of-way. Modifications or improvements to these access roads may include grading or other minor maintenance to prevent rutting during use, placement of additional gravel or crushed stone on the existing surface, enlargement to accommodate the pipeline equipment, such as stringing trucks, and/or installation of board or timber mats that will be removed upon completion of construction. Table 1.4-3 provides access road locations, length, and existing surface condition.

TABLE 1.4-3 Permanent and Temporary Access Roads [NOTE: Not included in this draft]

Access Road ID

MP Temporary/ Permanent

Existing/ New

Existing Surface/

Land Type a/

Proposed Modifications

Length (feet)

Width (feet)

Construction Area (acres)

Operation Area

(acres)

[TBD] [TBD] [TBD] [TBD] [TBD] [TBD] [TBD] [TBD] [TBD] [TBD]





TOTAL: [TBD] [TBD]

a/ OL = Open Land, UF = Upland Forest; AG = Agricultural Land PAR = Permanent Access Road TAR = Temporary Access Road


Pipe Yards and Contractor Yards

Pipe and contractor yards are needed for various uses, such as stockpiling pipe, fabricating concrete weights and piping assemblies, staging construction operations, storing construction materials, parking equipment, and for temporary construction offices. Depending upon the condition of these yards and their current use, some surface grading, drainage improvements, placement of surface materials (i.e., crushed rock), and creation of internal roadways may be required. To the extent feasible and available, Millennium will lease yards that have been previously disturbed for other industrial purposes or during construction of other projects. A list of contractor yards is provided in Table 1.4-4 and maps of the location(s) are included in Appendix 1A.

TABLE 1.4-4 Pipe and Contractor Yards

Contractor Yard Name

Location County/Town Size

(acres) Land Use

CY-1 0.5 miles northwest

of MP 6.3 Orange/

Wawayanda 7.5

Commercial Industrial

TOTAL: 7.5

Operations Easement

Following construction of the pipeline, Millennium will retain 50 feet of the construction right-of-way as a permanent easement to allow for inspection and maintenance of the pipeline during operation. 1.4.2 Aboveground and Pipeline Appurtenant Facilities

Millennium will lease land for construction, placement and operation of the meter station within the CPV Valley Energy Center property. The launcher will be located within the permanent easement for the pipeline and the receiver will be located on the CPV Valley Energy Center property. 1.5 CONSTRUCTION SCHEDULE AND COMPLIANCE PROCEDURES 1.5.1 Construction Schedule

Millennium plans to commence construction in September 2016, pending receipt of all applicable permits and clearances. The pipeline is scheduled to be in-service by April 2017. Millennium will install the pipeline using one construction spread, and smaller work crews for the HDDs, meter stations, and launcher and receiver. The order in which each facility will be constructed may vary, depending upon the capabilities of each contractor, available workforce and optimized construction logistics. Table 1.5-1 summarizes the anticipated average and peak construction workforce. A detailed breakdown will be provided in Resource Report 5 to be submitted by September 2015. The estimated peak Project construction work force is expected to be approximately [TBD] workers, with approximately [TBD] percent anticipated to be local hires.


TABLE 1.5-1 Average and Peak Construction Work Force [NOTE: Not included in this draft]

Facility Miles Average Workforce Peak Workforce

Pipeline 7.8 [TBD] [TBD]

Meter Station n/a [TBD] [TBD]

1.5.2 Compliance Assurance Measures

To ensure that construction of the Project facilities will comply with mitigation measures identified in Millennium’s applications and supporting documentation, the FERC’s environmental conditions, and the requirements of other federal and state permitting agencies, Millennium will include, whenever appropriate, environmental requirements in its construction drawings and / or specifications. To solicit accurate bids for pipeline construction, Millennium will provide these specifications and advance versions of the Construction Drawing Package to qualified prospective pipeline contractors. Contractors selected to perform work on the Project will receive copies of specifications and a Construction Drawing Package containing pipeline and aboveground facility drawings designated as being approved for construction. For those mitigation measures that address pre-construction surveys and clearances, Millennium will include pertinent correspondence documenting compliance with these mitigation measures in the Construction Drawing Package. For those mitigation measures that address permit conditions from federal, state, and local agencies, Millennium will include copies of permits and related drawings in the Construction Drawing Package. For those mitigation measures that, in part, address post-construction requirements, Millennium will include instructions and documentation that will be provided to operating personnel following the completion of construction. These maintenance instructions will include copies of pertinent permits with particular reference to long-term permit conditions and reporting requirements. Millennium will require the selected contractors to install the proposed facilities according to Millennium’s standard specifications, the Construction Drawing Package, and the terms of a negotiated contract. To support the application of proper field construction methods, Millennium has generally incorporated the FERC’s Upland Erosion Control, Revegetation and Maintenance Plan (FERC Plan) and FERC’s Waterbody and Wetland Construction and Mitigation Procedures (FERC Procedures) into the Project’s Environmental Construction Standards (ECS) to address the site-specific conditions in the Project area (see Appendix 1B). Any deviations from, or additions to, the FERC Procedures have been identified in Section 1.X.X [NOTE: Not included in this Draft] for FERC approval prior to implementation. Appendix 1B includes the following plans that Millennium will implement during construction of the Project:

Project ECS [NOTE: Not included in this draft];

Spill Prevention and Response Procedures that provides procedures for hazardous materials transportation, handling, storage, spill prevention, and spill response;

Horizontal Directional Drill Contingency Plan (HDD Plan) that provides procedures to be followed during HDD operations to minimize the potential for release of drilling fluids, containment and cleanup of inadvertent releases of drilling fluids should they occur, and steps


that will be followed if the HDD cannot be completed as planned [NOTE: Not included in this draft];

Winter Construction Plan that specifies erosion control and stabilization measures that will be implemented in areas during winter construction and where the construction work areas are not fully restored and revegetated prior to winter [NOTE: Not included in this draft]; and

Environmental Complaint Resolution Procedures so that landowners and stakeholders may report environmental complaints or concerns, and a process for resolving these concerns [NOTE: Not included in this draft].

In addition, Millennium will implement its Procedures Guiding the Discovery of Unanticipated Cultural Resources and Human Remains in the event that unanticipated cultural resources or human remains are encountered during construction. These procedures will be included in Resource Report 4, Appendix 4B to be submitted by September 2015. Millennium will conduct environmental training sessions for all Millennium construction management and contractor personnel prior to and during the pipeline installation. While this training will focus on implementation of best management practices (BMPs) contained in the plans in Appendix 1B, it will also include instructions on construction work area limits, permit requirements, and other mitigation measures, as appropriate. Millennium will employ a full-time Environmental Inspector for the duration of Project construction. The Environmental Inspector will have duties consistent with those contained in Paragraph II.B. (Responsibilities of Environmental Inspectors) of the FERC Plan, including ensuring compliance with environmental conditions attached to any certificate issued by the FERC for the Project, Project environmental designs and specifications, and environmental conditions attached to other permits or authorizations. Millennium will provide training for its Environmental Inspector regarding proper field implementation of the FERC Plan and FERC Procedures, hazardous materials management, and other mitigation measures included in Appendix 1B. For purposes of quality assurance and compliance with mitigation measures, other applicable regulatory requirements, and Millennium specifications, Millennium also will be represented on the construction spread by a Chief Construction Inspector, and one or more Craft Inspectors. Millennium’s Engineering and Project Management personnel will be responsible for designing and constructing the facilities in compliance with regulatory and non-regulatory requirements and agreements. The Construction Site Manager will address any issues of noncompliance with mitigation measures or other regulatory requirements. If technical or management assistance is required, the Chief Inspector will request assistance from the appropriate Millennium personnel. Millennium’s Operator, Columbia Pipeline Group, will be responsible for long-term Project maintenance and regulatory compliance. 1.6 CONSTRUCTION PROCEDURES 1.6.1 Pipeline Facilities

Construction of the Project will follow industry-accepted practices and procedures, as further described below. Generally, construction of the Project pipeline will follow a set of sequential operations as shown in Figure 1.6-1, Typical Pipeline Construction Sequence. In this typical pipeline construction scenario, the construction spread proceeds along the pipeline right-of-way in one continuous operation. The entire


process will be coordinated in such a manner as to minimize the total time a tract of land is disturbed and therefore exposed to erosion and temporarily precluded from normal use. To minimize the impacts of construction disturbance, Millennium will implement the Project ECS. The following sections provide descriptions of activities along a typical construction spread, as well as other specialized construction methods that will be used to install the pipeline at waterbody, road, and railroad crossings, and in wetland, residential, and agricultural areas.

Typical Upland Pipeline Construction Procedures

The Project will be constructed in compliance with applicable federal regulations and guidelines, and the specific requirements of the necessary permits (see Section 1.10, Permits and Approvals). Key federal requirements and guidelines include:

18 CFR Part 380 – FERC’s Regulations Implementing the National Environmental Policy Act (including § 380.15 - Siting and Maintenance Requirements);

49 CFR Part 192 – Transportation of Natural Gas and Other Gas by Pipeline: Minimum Federal Safety Standards; and

The FERC Plan and FERC Procedures. The following sections provide descriptions of activities along a typical construction spread, as well as other specialized construction methods that will be used to install the pipeline at waterbody, road, and in wetland, residential, and agricultural areas. Surveying

The initial step in preparing the right-of-way for construction is the civil survey. Affected landowners have been contacted and requested to permit Millennium agents to enter property prior to surveying and staking of the centerline and workspaces for construction. The civil survey crew will stake the outside limits of the construction right-of-way, the centerline location of the pipeline, drainage centerlines and elevations, highway and railroad crossings, and any ATWS, such as in lay down areas or at stream crossings. The “811” underground utility location system will be contacted to allow state and local utility operators to verify and mark all underground utilities (e.g., cables, conduits, and pipelines) located within the construction work areas. To further minimize the potential for damage to buried facilities, field instrumentation, or test pits excavated using “soft digging” techniques (such as excavation by hand), will be used to locate utilities. Clearing and Grading

Following surveying, the right-of-way will be cleared. Large obstacles such as trees, rocks, brush, and logs will be removed. Trees will be felled by hand or mechanical means. When construction begins, timber and other vegetation debris may be chipped for use as erosion-control mulch, burned, sold, or otherwise disposed of in accordance with applicable state and local regulations, and landowner easement agreements. Fences will be cut and braced along the right-of-way, and temporary gates will be installed to control livestock and limit public access. The right-of-way will then be graded where necessary to create a reasonably level working surface to allow safe passage of construction equipment and materials, and for operation of pipe fabrication and installation equipment. During the grading operation, temporary flume pipes will be installed as necessary


to maintain surface drainage. Temporary erosion control measures, such as silt fencing and interceptor dikes, will be installed during topsoil and subsoil removal. Conserved topsoil will typically be stockpiled along one side of the right-of-way, allowing the other side to be used for access, material transport, and pipe assembly.


Figure 1.6-1 Typical Pipeline Construction Sequence


Trenching

To bury the pipeline underground, it will be necessary to excavate a trench. The trench will be excavated with a rotary trenching machine, a track-mounted backhoe, or similar equipment. Generally, the trench bottom will be excavated at least 12 inches wider than the diameter of the pipe. The sides of the trench will be sloped with the top of the conventional lay trench up to 20 feet across, or more, depending upon the stability of the native soils and the depth of cover. The trench will be excavated to a sufficient depth to allow a minimum of 3 feet of soil cover between the top of the pipe and the final land surface after backfilling. Additional cover will be provided at crossings of wetlands and waterbodies, agricultural lands and roads. Excavated soil will typically be stockpiled along the trench (the “spoil” side) and away from the construction traffic and pipe assembly area (the “working” side). Where the pipeline is adjacent to an existing pipeline, the spoil will be placed on the same side of the trench as the existing pipeline. No working equipment will operate over the active pipeline unless the pipeline is adequately protected in accordance with the foreign pipeline company’s standards. When trenching near foreign buried utilities, soft digging methods (hand excavation or an excavator bucket without teeth or side cutters) will be used to fully excavate any foreign line (see Section 1.6.1.6).

Trench Depth o Trench depths are dependent on the size of pipe and the minimum cover requirements. It

is currently anticipated that trench depths in upland areas, where 36 inches of cover is to be maintained, will be approximately 60 inches (five feet) in depth.

o Additional cover will be maintained in agricultural land, adding additional depth to all trenches excavated in agricultural areas.

o Additional pipeline depth under roads and streams will cause additional depth to all trenches excavated through streams or roads that are open cut, or leading up to a bore hole of a stream or road that will be bored.

o Trenches in rocky soils would require approximately six inches of additional depth to add a layer of soil to pad the pipeline and avoid disturbance of the pipe coating by the rocks.

o In areas of saturated soils, trench depths may be increased to maintain the required cover over the pipeline where the addition of set-on or saddle bag-type weights are required to maintain negative buoyancy.

o Maximum depths of 15 feet or greater are possible at foreign line crossings, areas with drain tile, locations where bell holes are required to accommodate tie-ins between pipe segments, etc.

Trench Widths

o Trench widths are primarily dependent upon the depth of the trench and the cohesive ability of the soils to comply with the Occupational Safety & Health Administration Standard Number 1926.650. Standard Number 1926.650 requires the walls of a trench to be more gradually sloped and/or terraced in less cohesive soils, which results in a wider trench than in more cohesive soils.

o A 6-foot-deep trench for example, would result in a minimum width of approximately 14 feet.

o Trench widths are also anticipated to be wider in wetland soils, especially within saturated wetlands, also due to looser cohesion of soil.

o Maximum widths of 45 feet are possible at bore locations, where the trench would need to be deep and wide enough to accommodate the bore equipment and account for the safety of the personnel operating the equipment.

o Storage for trench spoil and topsoil will require between 30 and 60 feet (depending on the width and depth of the trench and topsoil stripping) to prevent sloughing of the spoil back


into the trench and maintain safe work areas for construction workers. In environmentally sensitive areas, spoil can be placed in nearby ATWS to reduce right-of-way width requirements.

Trench Dewatering

In most cases, trench dewatering will be limited to the removal of storm water collected in the pipe trench. In uplands, storm water will typically be removed from the trench prior to lowering the pipe into place. The storm water will be pumped from the trench to a well vegetated area down-gradient of the trench and through a sediment filter. The trench will be dewatered in a manner that will not cause erosion and will not result in heavily silt-laden water flowing into any waterbody or wetland. The storm water will be discharged to an energy dissipation/filtration dewatering device, such as a hay bale structure or filter bag. The dewatering structure will be removed as soon as possible after completion of the dewatering activities. Trench plugs will be used where necessary to separate the upland trench from adjacent wetlands or waterbodies to prevent the inadvertent draining of the wetland or diversion of water from the waterbody into the pipe trench.

Stringing

Steel pipe will be procured in nominal 40-foot, 60-foot, and/or 80-foot lengths, or “joints,” protected with an epoxy coating applied at the factory or at a coating yard (the beveled ends will be left uncoated for welding) and shipped to strategically located materials storage areas, or “pipeyards.” The individual joints will be transported to the right-of-way by truck and placed along the excavated trench in a single, continuous line, easily accessible to the construction personnel on the working side of the trench, typically opposite the spoil side. This will allow the subsequent lineup and welding operations to proceed efficiently. At stream crossings, the amount of pipe required to span the stream will be stockpiled in ATWS on one or both banks of the stream. Pipe Bending

The pipe will be delivered to the job site in straight joints. While some induction bends may be used, some bending of pipe will be required to allow the pipeline to follow natural grade changes and direction changes of the right-of-way. Prior to welding, selected joints will be bent in the field by track-mounted hydraulic bending machines. Pipe Assembly and Welding

Following stringing and bending, the joints of pipe will be placed on temporary supports, adjacent to the trench. The pipe joints will be carefully aligned with clamps and welded together using multiple passes for a full penetration weld. Only qualified welders will be allowed to perform the welding. Welders and welding procedures will be qualified according to applicable American Society for Mechanical Engineers, API, and 49 CFR Part 192 Standards. Non-Destructive Examination and Weld Repair

To ensure that the assembled pipe will meet or exceed the design strength requirements, 100 percent of the pipeline girth welds will be visually inspected and tested for integrity using non-destructive examination (NDE) methods such as radiography (X-ray) or ultrasound, in accordance with API standards. Welds displaying unacceptable slag inclusions, void spaces, or other defects will be repaired or cut out, re-welded, and re-inspected.


Coating Field Welds, Inspection, and Repair

Following welding, the previously uncoated ends of the pipe at the joints will be cleaned and epoxy coated in accordance with Millennium’s specifications. The coating on the completed pipe section will be inspected and any damaged areas will be repaired and re-inspected. Lowering-In

The completed section of pipe will be lifted off the temporary supports and lowered into the trench by side-boom tractors or equivalent equipment. Prior to lowering the pipe, the trench will be inspected to ensure that it is free of rocks and other debris that could damage the pipe or the coating, and that the trench and pipe configurations are compatible, and then the pipe will be lowered-in. In rocky areas, if the bottom is not smooth, a layer of soil or sand may be placed on the bottom of the trench to protect the pipe and coating from damage. Concrete coating and/or set-on or saddle bag type weights will be used as required to maintain negative buoyancy in areas of saturated soils. Padding and Backfilling

After the pipe is lowered into the trench, the trench will be backfilled. Previously excavated materials will be pushed back into the trench using bladed equipment or backhoes. Where the previously excavated material contains large rocks or other materials that could damage the pipe or coating, the subsoil will be sifted to remove any rock greater than one inch from the padding material, or clean fill and/or protective coating (rock shield) will be placed around the pipe prior to backfilling. Segregated topsoil, where applicable, will be placed after backfilling the trench with subsoil. Following backfilling in agricultural land, grassland, and open land, or in specified areas, a small crown may be left in certain areas if requested by a landowner to account for any future soil settling that might occur. Excess soil will only be distributed in upland areas evenly on the right-of-way, while maintaining existing contours. A caliper pig run will be completed after backfill to ensure there are no dents or damage to the pipe as a result of the construction and backfill process. Hydrostatic Test and Final Tie-In

Following backfilling of the trench, the pipeline will be hydrostatically tested in a manner that meets or exceeds the requirements of 49 CFR Part 192 to ensure that it is capable of safely operating at the design pressure. Proposed sources, potential water quantities, and discharge locations for hydrostatic test water are provided in Table 1.6-1.

TABLE 1.6-1 Hydrostatic Test Water Source and Discharge Locations [NOTE: Not included in this draft]

Test Section # Begin

MP End MP

Length (miles)

Quantity (gallons)

Source Discharge

[TBD] [TBD] [TBD] [TBD] [TBD] [TBD] [TBD]



Test segments of the pipeline will be capped and filled with water. Surface water used for testing will be drawn through a screened intake in accordance with the FERC Procedures. The water in the pipe will be pressurized and held for a minimum of eight hours in accordance with the Pipeline and Hazardous


Materials Safety Administration requirements identified in 49 CFR Part 192. Any loss of pressure that cannot be attributed to other factors, such as temperature changes, will be investigated. Any leaks detected will be repaired and the segment will be retested. Upon completion of the test, the water may be pumped to the next pipe segment for testing, or the water may be discharged. The test water will be discharged through an energy-dissipating device in compliance with the FERC Procedures and any state-specific requirements included in the applicable state discharge permits. Once a segment of pipe has been successfully tested and dried to the specified dew point, the test cap and manifold will be removed, and the pipe will be connected to the remainder of the pipeline. Millennium will implement applicable requirements of the FERC Procedures regarding hydrostatic testing, as well as any specifications listed in individual state permits. Unless expressly permitted or approved, there will be no direct discharge into state-designated exceptional value waters or scenic rivers. Cleanup and Restoration

Post-construction restoration activities will be undertaken in accordance with the applicable measures in the FERC Plan and FERC Procedures, other permit or agency requirements, and requirements in the landowner easement agreements. After a segment of pipe has been installed and backfilled, the right-of-way, ATWS, and other disturbed areas will be finish-graded, and the construction debris will be disposed of properly. The surface of the right-of-way disturbed by construction activities will be graded to match original contours and to be compatible with surrounding drainage patterns, except at those locations where permanent changes in drainage will be required to prevent erosion, scour, and possible exposure of the pipeline. Segregated topsoil will be returned to its original horizon, unless otherwise requested by the landowner. Temporary and permanent erosion and sediment control measures, including silt fencing, diversion terraces, and vegetation, will be installed at that time. Private and public property, such as fences, gates, driveways, and roads, which has been disturbed by the pipeline construction, will be restored to original or better condition.

Wetland Construction Procedures

Millennium has considered minimizing potential impacts to wetlands during selection of its proposed route and will avoid or minimize wetland disturbance to the extent practicable. Where wetlands cannot be avoided, crossings of jurisdictional wetlands will be done in accordance with applicable federal and state permits and approvals, and the FERC Procedures, including any deviations requested by Millennium and approved by the FERC. Operation of construction equipment in wetlands will be limited to that needed to clear the right-of-way, excavate the trench, fabricate and install the pipe, backfill the trench, and restore the right-of-way. Millennium will segregate the topsoil over the trench up to 12 inches in depth in wetlands where hydrologic conditions permit this practice. Segregated topsoil will be piled a minimum of two feet from subsoil and replaced in the trench following subsoil backfilling. In accordance with the FERC Procedures, with the exception of pumps required for dewatering, fuel and/or equipment will not be stored within 100 feet of wetlands or other waterbodies unless otherwise approved by the FERC. Restoration and monitoring of wetland crossings will be conducted in accordance with the FERC Procedures to ensure successful wetland revegetation.


Unsaturated Wetland Crossings

In crossing unsaturated wetlands (wetlands without standing water or saturated soils), construction will be similar to the typical upland construction described above, with additional measures to protect wetland resources. If normal construction equipment begins to rut or would result in mixing of wetland topsoil and subsoil, low ground pressure equipment will be used, or temporary board or timber equipment mats will be installed to allow passage of equipment with minimal disturbance of the surface and vegetation. Trees will be cut to grade, but stumps will only be removed from the trench line and from the working side where necessary for safety. Topsoil over the pipe trench will be segregated from subsoils and piled a minimum of two feet apart. A vegetation buffer zone may be left between the wetland and the upland construction areas, except for the pipe trench and travel lane and as site-specific conditions warrant. Erosion control measures such as silt fences, interceptor dikes, and straw/hay bale structures will be installed and maintained to minimize sedimentation into off-right-of-way areas. Trench plugs will be installed where necessary to prevent the unintentional draining of water from the wetland. Upon completion of construction, the right-of-way will be restored and a 10-foot-wide strip centered on the pipeline will be maintained in an herbaceous state. Saturated Wetland Crossings

For saturated wetlands, including those with standing water at the time of construction, topsoil segregation may not be practical. Equipment mats or timber mats will be used to facilitate equipment movement through and work within the wetland. Otherwise, construction will be similar to that described above for unsaturated wetlands.

Waterbody Construction Procedures

Millennium will follow the FERC Procedures to limit water quality and aquatic resource impacts during and following construction. Construction activities will be scheduled so that the pipeline trench is excavated as close to pipe laying activities as reasonably possible. In accordance with the FERC Procedures and where the pipeline will not be installed using HDD, the duration of construction across perennial waterbodies will be limited to 48 hours (24 hours to cross the waterbody and 24 hours for restoration) across minor waterbodies (10 feet wide or less) and intermediate waterbodies (between 10 and 100 feet wide). Banks will be returned to as near to pre-construction conditions as possible within 24 hours of completion of each open-cut crossing. Any deviations in timing that would result in extended crossing durations will be identified in advance by Millennium and notification made to FERC with site-specific justification. Construction methods at waterbody crossings will vary with the characteristics of the waterbody encountered, and will be performed consistent with applicable permits and authorizations. Pipe will be installed to provide a minimum of five feet of cover from the waterbody bottom to the top of the pipeline. The bottom of the pipeline trench will be excavated to a width of at least 12 inches greater than the diameter of the pipe or to a greater width to allow proper backfill beneath and along the sides of the pipeline. Trench spoil will be placed on the bank above the high water mark for use as backfill. Excavated spoil that is stockpiled in the construction right-of-way will be at least 10 feet from the stream bank or in approved ATWS, and will be surrounded by sediment control devices to prevent sediment from returning to the waterbody. Where the pipeline is prefabricated for installation across the waterbody, the pipeline segment will be long enough to extend for a minimum of 10 feet past the high banks on each side of the


waterbody before raising in elevation to the normal trench level. All adjacent pipelines will be protected as necessary. Normal backfill cover requirements will be met and backfill compacted so that it will be equal to or above that of the adjacent undisturbed areas. Trench plugs of sandbags or similar material may also be used to keep backfill from sloughing in toward the center of the waterbody. All waterbody banks will be restored to as close to the original grade as reasonably possible, while preventing long-term erosion. All erosion control materials or other materials used for the crossing will be removed from the waterbody, and excavated material not required for backfill will be removed and disposed of at an upland site. Millennium will use the open-cut crossing method for intermittent or ephemeral waterbodies where there is no discernable flow within the waterbody at the time of crossing. Dry-ditch waterbody crossing methods (i.e., dam and pump and flume) will be used where feasible depending upon the conditions encountered at the time of construction or where required by federal or state agencies. No major waterbody crossings (i.e., those greater than 100 feet wide) are proposed. The proposed crossing method for each waterbody will be provided in Table 2.X-X in Resource Report 2 to be submitted by September 2015. Open-Cut Crossing Method

An open-cut waterbody crossing will use methods similar to conventional upland open-cut trenching. The open-cut construction method will involve excavation of the pipeline trench across the waterbody, installation of a prefabricated segment of pipe, and backfilling of the trench with native material. No effort will be made to isolate the stream flow from the construction activities. Depending upon the width of the crossing and the reach of the excavating equipment, excavation and backfilling of the trench will generally be accomplished using backhoes or other excavation equipment operating from one or both banks of the waterbody. If necessary for reach, the equipment may operate within the waterbody. Equipment in the waterbody will be limited to that needed to complete the crossing. All other construction equipment will cross the waterbody using equipment bridges, unless otherwise allowed by the FERC Procedures for minor waterbody crossings. In areas where man-made drainages have been created to facilitate agriculture practices (e.g., field or pasture drains), these drainage features will be rerouted or temporarily blocked during trenching to prevent downstream or off right-of-way sedimentation of natural waterbodies. These man-made crossings will be completed as part of mainline construction. For intermittent or ephemeral crossings, pipe will be strung and welded along the trench line. Trench plugs will remain on either side of the crossing or flumes will be installed to maintain water flow during rain events. When the welded pipe string is ready for installation, the trench plugs or flumes will be removed temporarily to allow the pipe to be placed in the trench, the trench will be backfilled, and the banks restored.

Dam and Pump Crossing Method

The dam and pump method involves installation of temporary dams upstream and downstream of the waterbody crossing. The temporary dams typically will be constructed using sandbags and plastic sheeting. Following dam installation, appropriately sized pumps will be used to dewater and transport the stream flow around the construction work area and trench. Intake screens will be installed at the pump inlets to prevent entrainment of aquatic life, and energy dissipating devices will be installed at the pump discharge point to minimize erosion and stream bed scour. Trench excavation and pipeline installation will then commence through the dewatered portion of the waterbody channel. Following completion of pipeline installation, backfill of the trench, and restoration of stream banks, the temporary dams will be


removed, and flow through the construction work area will be restored. This method is generally only appropriate for those waterbody crossings where pumps can adequately transfer the stream flow volume around the work area and there are no concerns about the passage of sensitive species. Where this method is used, Millennium will ensure its contractor has redundant pump(s) available on location. Flume Crossing Method

The flume crossing method is similar to a dam and pump, and will consist of temporarily directing the flow of water through one or more flume pipes placed over the area to be excavated. This method allows excavation of the pipe trench across the waterbody completely underneath the flume pipes without disruption of water flow in the stream. Stream flow will be diverted through the flumes by constructing two bulkheads, using sand bags or plastic dams, to direct the stream flow through the flume pipes. Following completion of pipeline installation, backfill of the trench, and restoration of stream banks, the bulkheads and flume pipes will be removed. This crossing method generally minimizes the duration of downstream turbidity by allowing excavation of the pipeline trench under relatively dry conditions. HDD Crossing Method

HDD is a trenchless crossing method that may be used for crossings under roads, railroads, sensitive resources, and waterbodies. HDD has been in use since the 1980’s as a means to install pipelines under major roadways, and under rivers and at shore approaches to eliminate pipeline exposure from erosion and scour and eliminate impacts to water quality from construction activities that would otherwise occur within the waterbody. Pipelines up to 60 inches in diameter have been successfully installed using this method. The length of pipeline that can be installed by HDD depends upon underlying soil and rock conditions, pipe diameters, and available technology and equipment sizes. An HDD may not be appropriate for every site condition encountered. HDD involves drilling a pilot hole along a prescribed path and then enlarging that hole using reaming tools to achieve a hole large enough to accommodate the pipe. The reaming tools are attached to the drill string at the exit point of the pilot hole and then rotated and drawn back to the drilling rig, thus progressively enlarging the pilot hole with each pass. During this process, drilling fluid consisting of bentonite clay and water is maintained in drilling pits within the construction work area and will be continuously pumped into the hole to remove cuttings and maintain the integrity of the hole between the HDD entry and exit points. Once the hole has been sufficiently enlarged, a prefabricated segment of pipe will be attached behind the reaming tool on the exit side of the crossing and pulled back through the drill hole to the drill rig, completing the crossing. There is the potential for an inadvertent release of drilling mud during execution of an HDD. To minimize the potential for an inadvertent release, Millennium construction personnel and the contractor will conduct visual and pedestrian inspections along the drill path and will continuously monitor drilling mud pressures and return flows. In accordance with the Project HDD Plan [NOTE: Not included in this draft], Millennium’s contractor will take immediate action to control any inadvertent releases. Depending on the amount of fluid released and its location, these actions include containing the release with containment structures if a large volume is released, cleaning up the affected area, and making adjustments to the composition of the drilling fluid to minimize or prevent recurrence. Because it is necessary to prefabricate a section of pipe above ground that is equal to the length of the HDD, additional workspace beyond the HDD temporary work area may be needed. Where the HDD and the abutting portion of the right-of-way are in or near parallel alignment, the pull section will be pre-fabricated within the construction right-of-way and no extra workspace will be required for the pull


section. If the abutting right-of-way is not aligned with the HDD, an extra workspace (sometimes referred to as a “false right-of-way”) will be required. An access path up to 10 feet wide within the permanent right-of-way between the HDD entry and exit points may be used for access to a water source or as a travel lane. Disturbance will be limited to surface impacts only. This access path will be used to set up pumps for obtaining water for the drilling process and/or for hydrostatic testing of the pipeline on the banks of the waterbody and to lay the water pipe from the waterbody to the drilling operation or the pipe. Disturbance of these areas will be limited to foot traffic and the occasional truck, all-terrain vehicle, or backhoe to move pumps and water piping in and out. A global positioning satellite drill head is sometimes used, which transmits the location of the drill head back through the stem to the operator to maintain the hole along the prescribed path. Other technology uses electric-grid guide wires (or Tru-Tracker wires) that are hand-laid across the land surface and along the pipeline centerline to help guide the drill bit along the predetermined HDD path. The Tru-Tracker wires must be located parallel to the centerline, but are offset, and must typically be placed outside of the permanent right-of-way in order to triangulate the location of the drill head. In thickly vegetated areas, some vegetation may be trimmed using hand tools to allow placement of these electric-grid guide wires. Ground and vegetation disturbance will be minimal and no trees over 3 inches diameter at breast height will be cut for guide wire installation. The locations where HDDs are proposed are listed in Table 1.6-2 [NOTE: Not included in this draft]. Site-specific plans for the HDDs, including access paths along the path of the drill, will be provided in Appendix 1A in the Pre-Filing Draft Resource Report 1 to be submitted by September 2015. Where an HDD is used to cross surface waters, an alternate open-cut crossing plan will also be provided in the event that an HDD needs to be abandoned due to unsatisfactory subsoil and geo-technical conditions. Generally, if the HDD should fail at the proposed location, the HDD entry/exit points will be re-evaluated and relocated to an adjacent area, and the HDD will be attempted again as described in Millennium’s HDD Plan (see Appendix 1B; NOTE: Not included in this draft). Millennium will notify all appropriate federal and state agencies and obtain approval to complete the HDD at the new location or to implement the alternate open-cut crossing plan should the HDD fail at the second location.

TABLE 1.6-2 Proposed HDD Locations [NOTE: Not included in this draft]

Crossing Name Begin MP End MP Length (feet) Cleared Access Path within HDD

[TBD] [TBD] [TBD] [TBD] [TBD]



Geotechnical investigations for all HDDs will be completed in 2015 and the results of geotechnical investigations and hydraulic fracture analyses will be submitted in the Pre-Filing Draft Resource Report 6 to be submitted by September 2015.

Road and Railroad Crossings

Traffic on major roads and railroads will be maintained during installation of the pipe by use of conventional bore or HDD. The HDD crossing method is discussed in Section 1.6.1.3. The pipeline will


be installed at a depth of at least five feet below a road surface and at least 10 feet below the rail of a railroad, and will be designed to withstand anticipated external loadings. At points of access to the right-of-way from hard-surfaced roads, a stone pad will be installed as a construction entrance to control dirt tracking onto the highway. Private roads will be crossed using an open cut and then restored to pre-construction conditions or better. If an open-cut across a road requires extensive construction time, steel plates will be used across the trench and/or provisions will be made for temporary detours or other measures to maintain access and safe traffic flow during construction. Table 1.6-3 [NOTE: Not included in this draft] lists the methods by which all roads and railroads will be crossed by the Project. Conventional Bore Crossing Method

To complete a conventional bore, two pits will be excavated, one on each side of the feature to be bored. A boring machine will be lowered into one pit, and a horizontal hole is bored to a diameter approximately two inches larger than the diameter of the pipe (or casing, if required) at the depth of the pipeline installation. The pipeline section and/or casing will be pushed through the bore to the opposite pit. If additional pipeline sections are required to span the length of the bore, they will be welded to the previous in-ground section of the pipeline in the bore pit before being pushed through the bore. Because the conventional bore method involves pits on each side of the feature, this method is primarily used for crossings of roads or railroads. However, adjacent waterbodies or wetlands will typically be included within the length of the bore. Some elevated or channelized waterbodies, such as irrigation ditches, may also be successfully bored, depending upon the groundwater level in the area.

TABLE 1.6-3 Road and Railroad Crossing Methods [NOTE: Not included in this draft]

Crossing Name Approximate

MP Type Jurisdiction Crossing Method




Foreign Pipeline Crossings

The Project will require crossings under foreign pipelines and gathering lines. Generally, the pipeline will be installed under most existing foreign pipelines due to their large size, and soil cover and separation requirements. This will require careful excavation around and under the foreign pipeline using equipment and hand-held tools, and supporting the foreign pipeline as necessary to allow the Project pipeline to be slipped under the foreign pipeline. The larger spoil volumes from increased excavation depths at these pipeline crossings and the preference not to place spoil or construction equipment over existing pipelines will require additional temporary workspace at most crossings. Precautions will be taken to ensure that the existing pipelines are positively identified, not damaged, and the pipeline crossing area is safe during construction. These precautions include:

contacting 811 to locate all known pipelines and utilities; locating the precise location of the existing pipelines prior to excavation using a hand-held

magnetometer and/or by probing;


scanning the edges of the right-of-way prior to grading with Passive Inductive Locating equipment to insure that no unknown foreign pipelines cross into the construction work area;

notifying operators of the existing pipelines of proposed construction and providing the companies with the opportunity to be present during work around their pipelines;

avoiding mechanized excavation within three feet of existing pipelines and completing excavations by hand shoveling;

keeping construction equipment and spoil piles away from the existing pipeline centerline, to the extent reasonably practicable;

temporarily supporting existing pipelines for the length of the span exposed by the crossing excavation;

inspecting existing pipelines before and after pipe installation to ensure there is no damage to the existing pipelines or coatings that could compromise integrity;

installing test leads on both lines for future monitoring of cathodic protection systems; maintaining the minimum separation distance between the existing and proposed pipeline as

specified by the USDOT; and following safety requirements of the foreign pipeline crossing operator.

In the event of accidental damage to a foreign pipeline during construction, Millennium will coordinate with the foreign pipeline operator to implement appropriate measures for maintaining the structural integrity of both pipelines and minimizing undesirable effects to human health and the environment.

Residential Areas

Where residences are located in close proximity to the edge of the construction right-of-way, Millennium will reduce construction workspace areas as reasonably practicable to reduce inconvenience to property owners. In residential yards, topsoil will either be conserved or imported as an alternative to topsoil segregation and conservation. If construction requires the removal of private property features, such as gates or fences, the landowner or tenant will be notified prior to the action. Following completion of major construction, the property will be restored. Property restoration will be in accordance with any agreements between Millennium and the landowner. All structures that are within 50 feet of the construction work areas will be identified in Table 8.X-X in Resource Report 8 to be submitted by September 2015. Site-specific residential plans for residences within 50 feet of the construction work areas will be included in Resource Report 8, Appendix 8B to be submitted by September 2015.

Commercial and Industrial Areas

Where commercial or industrial areas are near the construction work area, Millennium will work with its contractor to maintain traffic flow on public roads and avoid unnecessary or lengthy delays.

Agricultural Areas

Millennium will conserve topsoil in actively cultivated and rotated cropland, and improved pastureland, and in other areas at the specific request of the landowner. In compliance with the FERC Plan, at least 12 inches of topsoil will be segregated in agricultural areas where the topsoil is greater than 12 inches deep. Where topsoil is less than 12 inches deep, the actual depth of the topsoil will be determined by visual inspection, and the entire topsoil layer will be removed and segregated. Topsoil segregation will be


performed in consultation with the landowner, and may include the entire construction right-of-way or the ditch plus spoil side. Millennium will incorporate measures from the New York State Department of Agriculture and Markets (NYSDAM) pipeline construction guidance document “Pipeline Right-of-Way Construction Projects Agricultural Mitigation, through the Stages of Planning, Construction/Restoration and Follow-up Monitoring” (NYSDAM 2011) as applicable into the Project ECS for construction in agricultural land.

Other Construction Procedures

Certain conditions that may be encountered will require the use of special construction techniques, as further described below. Blasting

If bedrock is encountered and requires removal, several conventional (non-explosive) techniques are available, including conventional excavation with a backhoe, ripping with a dozer followed by backhoe excavation, or hammering with a pointed backhoe attachment followed by backhoe excavation. Millennium does not anticipate the use of blasting for the Project. Rugged Terrain

In areas with steep side slopes, ATWS may be needed to grade slopes to accommodate pipe bending limitations. In these areas, slopes will be cut down and, after the pipeline is installed, returned to their approximate original contours during right-of-way restoration. In areas where the pipeline crosses laterally across the face of a slope, cut-and-fill grading may be required to establish a safe, flat work surface to install the pipeline. 1.6.2 Aboveground Facilities

Typical construction activities associated with the installation of the aboveground facilities are summarized below. No special construction methods will be required for the installation of the aboveground facilities.

General Construction Procedures

Construction activities and storage of construction materials and equipment will be confined within the meter station site boundaries or at one of the approved contractor yards. Debris and wastes generated from construction will be disposed of as appropriate and all surface areas disturbed will be restored in a timely manner. The aboveground facilities will be constructed in accordance with Millennium construction standards and specifications as more generally described in the paragraphs that follow. Foundations

Excavation will be performed as necessary to accommodate the new reinforced concrete foundations for the new launching and receiving facilities, metering equipment, and buildings. Subsurface friction piles may be required to support the foundations, depending upon the bearing capacity of the underlying soils and anticipated equipment loads. Forms will be set, rebar installed, and the concrete poured and cured in accordance with applicable industry standards. Backfill will be compacted in place, and excess soil will be used elsewhere or distributed around the site to improve grade.


Equipment

The piping, and other equipment will be shipped to the site by truck. The equipment will be offloaded using cranes, front-end loaders, or both. The equipment will then be positioned on the foundations, leveled, grouted where necessary, and secured with anchor bolts. All non-screwed piping associated with the aboveground facilities will be welded, except where connected to flanged components. All welders and welding procedures will be qualified in accordance with API standards. All welds in large-diameter gas piping systems will be examined using radiography, ultrasound, or other approved NDE methods to ensure compliance with code requirements. All aboveground piping surfaces will be cleaned and painted in accordance with Millennium construction specifications. All paint inspection and cleanup will be conducted in accordance with federal and/or regulatory requirements and best engineering practices. Launcher and Receiver Facilities

Launcher and receiver facilities will consist of a section of aboveground piping that will be designed to accommodate the in-line inspection tools (smart pigs) that will be placed into the pipe for periodic internal inspections of the pipeline during operations. 1.6.3 Restoration

Following construction of the Project, the areas disturbed by construction will be restored to their approximate original condition and use, to the extent practicable. All aboveground facilities will be fenced and converted to industrial use.

Pipeline Right-of-Way

Upon completion of pipeline installation, the surface of the right-of-way disturbed by construction activities will be graded to match approximate original contours and to be compatible with surrounding drainage patterns, except at those locations where permanent changes in drainage will be required to prevent erosion, scour, and possible exposure of the pipeline. HDD entry and exit pits will be backfilled and the disturbed ground surface similarly graded. Segregated topsoil will be replaced, and soils that have been compacted by construction equipment traffic will be disked. Temporary and permanent erosion control measures will be installed at this time in accordance with the FERC Plan and FERC Procedures. Uplands

In most upland locations, excluding actively cultivated cropland, an herbaceous vegetative cover will be re-established by seeding disturbed areas using seed mixes appropriate to the Project area as recommended by the local soil conservation district, landowner, or land management agency. Depending upon the time of year, a seasonal variety, such as ryegrass, may be used until a more permanent cover can be established. Steep slopes and stream banks may require erosion control fabric or revetments to prevent erosion until a vegetative cover is established. In accordance with the FERC Plan, revegetation success will be monitored, and reseeding, fertilizing, and other measures will be employed until a cover equivalent to approximately 80 percent of similar, adjacent areas is achieved. Temporary and interim erosion control measures will be removed once 80 percent cover is achieved. Actively cultivated cropland may be left unseeded at the request of the landowner. Pasture will be reseeded with a similar species or mixture.


Residential and commercial lawns will be reseeded or sodded, depending upon the original grass variety. Shrubs and small trees on residential properties will be temporarily transplanted and replaced, where reasonably practicable. Forested areas will be allowed to recover within the temporary work areas. Wetlands

Original surface hydrology will be re-established in wetlands by backfilling the pipe trench and grading the surface with backhoes or similar equipment operating from the equipment mats, or low-ground-pressure tracked vehicles, depending upon the ambient water level, degree of soil saturation, and the bearing capacity of the soils. Trench breakers will be installed at the entry and exit of each wetland crossed. Segregated topsoil from the trench will be replaced in unsaturated wetlands. Roots and stumps will not be removed in the areas outside of the pipe trench during construction, unless required for safety, thus allowing the wetland to recover more rapidly. Generally, wetlands disturbed by construction will be allowed to revegetate naturally.

Aboveground Facilities

The areas inside the fence at the aboveground facilities most likely will be permanently converted to industrial use. Most areas in and around the buildings, meters, and associated piping and equipment will be covered with crushed rock (or equivalent) to minimize the amount of maintenance required. Roads and parking areas may be crushed rock, concrete, or asphalt. Other ground surfaces will be seeded with a grass that is compatible with the climate and easily maintained. Disturbed areas outside the fence will be restored as described above for the pipeline right-of-way.

Access Roads

Existing access roads that were modified and used during construction will be returned to original or better condition upon completion of Project construction, unless landowner of a private road requests it be left in the construction period condition. New temporary access roads constructed specifically for the Project will be removed, the surface graded to approximate original contours, and the land restored to its original use in accordance with the FERC Plan and any permit requirements or landowner agreements. Permanent access roads will be maintained as required to facilitate access to the pipeline facilities and in compliance with any landowner and federal/state requirements.

Pipe and Contractor Yards

Upon completion of construction, all temporary facilities (e.g., trailers, sheds, latrines, pipe racks, fencing, and gates) will be removed from the pipe storage and contractor yards. Unless otherwise requested by the landowner, each site will be graded to approximate original contours and seeded if appropriate, so that the land is restored to its pre-construction condition.


1.7 OPERATIONS AND MAINTENANCE PROCEDURES Millennium will operate and maintain the Project facilities in compliance with USDOT regulations set forth at 49 CFR Part 192, FERC's regulations at 18 CFR § 380.15, and maintenance provisions of the FERC Plan and FERC Procedures. 1.7.1 Pipeline

Operational activities for the Project facilities will primarily consist of routine maintenance of the right-of-way, and inspection, repair, and cleaning of the pipeline. Periodic aerial and ground inspections by Millennium personnel will be used to identify conditions requiring maintenance, including:

• soil erosion that may expose the pipe; • dead vegetation that may indicate a leak in the pipeline; • general conditions of vegetation cover and erosion control measures; • unauthorized encroachment on the right-of-way, such as buildings and other substantial

structures; and • other conditions that could present a safety hazard or require preventive maintenance or

repairs. The cathodic protection system for the Project pipeline will be monitored and inspected periodically to ensure proper and adequate corrosion protection. The pipeline will be designed to allow the use of internal inspection technology (e.g., smart pigging) in compliance with Millennium’s pipeline integrity management program. Appropriate responses to conditions observed during internal inspections will be taken as necessary. In upland areas, Millennium will maintain vegetation on the permanent right-of-way by mowing, cutting, and trimming, except in areas of actively cultivated cropland. Large brush and trees will be periodically removed near the pipeline. In accordance with the FERC Procedures, Millennium will not conduct vegetation maintenance over the full width of the permanent right-of-way in wetlands and will allow a riparian strip of at least 25 feet wide as measured from the waterbody’s ordinary high water mark to permanently revegetate. However, to facilitate periodic pipeline corrosion/leak surveys in these areas, a corridor centered on the pipeline and up to 10 feet wide may be maintained in an herbaceous state. In addition, trees and shrubs that are located within 15 feet of the pipeline that have roots that could compromise the integrity of the pipeline coating may be cut and removed from the right-of-way. In compliance with the FERC Plan, routine vegetation maintenance within the permanent easement will occur at a frequency necessary to maintain the 10-foot corridor in an herbaceous state; however, mowing and clearing activities will not occur between April 15 and August 1 of any year. Vegetation maintenance will not normally be required in agricultural or grazing areas. In accordance with USDOT regulations, the pipeline facilities will be clearly marked at line-of-sight intervals and at crossings of roads, railroads, waterbodies, and other key points. The markers will clearly identify the presence of the pipeline and provide a toll-free telephone number and address where a company representative can be reached 24 hours a day/7 days a week in the event of an emergency or prior to any excavation in the area of the pipeline by a third party. As part of its effort to prevent any third party damage to the pipeline, Millennium participates in the 811 system in New York.


1.7.2 Aboveground Facilities

Millennium personnel will perform routine checks of the new delivery meter station, including calibration of equipment and instrumentation, inspection of critical components, and scheduled and preventative maintenance of equipment. Safety equipment, such as pressure-relief devices, will be tested for proper operation. Corrective actions will be taken for any identified problems. All interconnect sites will be equipped with relief valves or pressure-protection devices to protect piping from overpressure in the event that site or unit control systems fail. A telemetry system will notify local personnel and personnel at Millennium’s gas control headquarters of the activation of safety systems and alarms. These personnel will then instruct maintenance personnel to investigate and take proper corrective actions. 1.8 FUTURE PLANS AND ABANDONMENT Millennium has not made any commitments for future expansion or abandonment of facilities associated with the Project. However, if additional demand for natural gas requires future expansion, Millennium will seek the appropriate authorization from the FERC and other federal, state, and local agencies. The Project facilities are projected to have a 50-year minimum physical life. However, the life of the Project may be constrained or increased by other factors, such as gas supply and market needs, that are the major factors in determining the economic life of the Project. At the end of the useful life of the Project, Millennium will obtain the necessary permission to retire its facilities in accordance with regulations that exist at the time of retirement and any landowner requirements. 1.9 PUBLIC OUTREACH In April 2015, Millennium initiated public outreach efforts, and contacts were made with landowners directly or indirectly affected by the Project, federal and state agencies with permit or review approval over the Project; and state and local governments and agencies. Contact, and or meetings occurred with all state and local elected officials representing the involved communities. The purpose of these communications was to solicit comments on the Project and areas of concern so that concerns could be addressed in the design of the Project where feasible. A public noticed Project Open House was held on June 10th, 2015 in Wawayanda, New York from 4:30 until 7:00 PM EDT. The Open House provided information on the Project, its purpose and preliminary design, as well as answers to questions that are most commonly asked regarding the proposed route, safety, and protection of sensitive resources. 1.9.1 Federal and State Agencies

In April 2015, Millennium initiated consultations with federal and state agencies with permit or approval authority over the Project. These communications which included letters, e-mails, and meetings are provided in Appendix 1C. Also see Section 1.10, Permits and Approvals. 1.9.2 Landowners

In April 2015, Millennium began contacting landowners regarding the Project to inform them about the Project and request permission to conduct field surveys along a contemplated route. Millennium also invited landowners directly impacted by the contemplated route or abutting the route to attend an Open


House that was conducted on June 10, 2015. Letters were sent to each affected landowner on June 2, 2015 to notify them of the Open House, and to provide them with Project related material. A list of names and addresses of all affected landowners is provided in Appendix 1D under seal. Affected landowners include all landowners whose land will be crossed or used for construction activities and landowners whose land abuts the currently contemplated right-of-way, ATWS, aboveground facility sites, access roads, pipe and contractor yards. 1.9.3 Public Participation

As noted above, since April 2015, Millennium has been in contact with (a) federal, state, county, and municipal government officials; (b) state legislators in the communities located along the proposed Project facilities; (c) state executive offices, state administration officials, state legislative leadership; and (d) New York U.S. Congressional delegations or their staffs regarding the Project. During meetings and telephone conversations and in correspondence, Millennium provided these government officials with information regarding the proposed facilities, the status of the requests to landowners for survey permission, the timing and permitting process for the Project, and the Commission’s Pre-filing Review process. In addition, periodic updates will be provided to governmental officials and other stakeholders throughout 2015 and will continue until construction of the Project is complete. Land agents will continue to be available to address issues through construction and until the Project is in-service. In accordance with Section 157.6(d) of the Commission’s regulations (18 CFR § 157.6(d) (2015)), Millennium will provide notification of the Project to affected and abutting landowners within three business days following the date that the Commission issues a notice of the application for the Project. Millennium also will have a public notice of the filing of the Certificate application published twice in the Times-Herald Record, the daily newspaper of general circulation for Orange County, NY, no later than 14 days after the Commission assigns a docket number to the Certificate application. Millennium has developed a Public Participation Plan for the Project, which was filed with the Commission on April 30, 2015, with Millennium’s request to use the Commission’s Pre-Filing Review Process for the Project. The Public Participation Plan is included in Appendix 1E. As stated above, an Open House was held in the Project area in June 2015 to provide information to the community and to receive comments from stakeholders. In addition to a notice that was published twice in the local area newspaper, Millennium mailed Open House invitations to affected landowners in the Project area in June 2015. The Open House was held on June 10, 2015 in the Town of Wawayanda. In addition to the community outreach meetings and the open house, Millennium’s community outreach program includes the following elements:

Open House invitations were mailed to affected parties; Newspaper advertisements of the Open House were placed twice in a newspaper of general

circulation in the affected area; Newspaper advertisements prior to commencement of construction, will be placed in the same

publication; Notification to businesses potentially affected by construction; Designation of a point of contact for stakeholder communication was established; A Project toll free telephone, (877) 213-1944 number for public inquiries; and A Project website, http://www.millenniumpipeline.com/valley_lateral_project.html, with periodic

updates of relevant information.


Millennium’s land representatives follow the guidelines listed in the Interstate Natural Gas Association of America’s publication entitled American’s Natural Gas Transporters’ Commitment to Landowners. Millennium will implement an Environmental Complaint Resolution Procedure for construction-related landowner complaints which is further described in the section below. 1.9.4 Environmental Complaint Resolution Procedure

Before construction, each landowner or stakeholder will be provided with a letter containing Millennium’s Environmental Complaint Resolution Procedure (see Appendix 1B) [NOTE: Not included in this draft]. This procedure provides contact information for Millennium (and the FERC) so that landowners and stakeholders may report environmental complaints or concerns, and a process for resolving these concerns. All landowners potentially affected by the Project have been contacted by a Millennium designated local right-of-way agent. In the case of a minor reroute to the pipeline that would incorporate new landowners, a Millennium designated local right-of-way agent will contact the landowners as soon as possible. Contact phone numbers will remain active throughout the pre-construction, construction, and restoration phases of the Project. 1.10 PERMITS AND APPROVALS The construction, operation, and maintenance of the Project will require permits and regulatory approvals from various federal, state, and local agencies, as well as consultations with Native American tribes and other interested parties. Consultations were initiated with other federal and state agencies in April 2015, and these consultations will continue throughout the Project review and permitting period. The applicable federal, state, and local permits and approvals, responsible agencies, and the filing status and schedule for these permits and approvals are summarized in Table 1.10-1. Copies of agency correspondence are included in Appendix 1C.

TABLE 1.10-1 Permits and Approvals

Agency and Contact Information Permit/Consultation Anticipated

Submittal Date

Anticipated Receipt of

Approval/Permit

FEDERAL

FERC Certificate of Public Convenience and Necessity under Section 7(c) of the NGA

November 2015 August 2016

U.S. Army Corps of Engineers New York District

Permit - Section 404 of the Clean Water Act (CWA)


U.S. Fish & Wildlife Service New York Ecological Services Field

Office

Consultation - Section 7 Endangered Species Act Consultation - Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act

April 2015


TABLE 1.10-1 Permits and Approvals

Agency and Contact Information Permit/Consultation Anticipated

Submittal Date

Anticipated Receipt of

Approval/Permit

NEW YORK

New York State Department of Environmental Conservation (NYSDEC)

Section 401 Water Quality Certification U.S. Army Corps of Engineers (USACE)/NYSDEC Joint Permit Application

-Freshwater Wetlands Permit (Article 24) -Protection of Waters Permit (Article 15)

SPDES Permit for Construction Activities


New York Natural Heritage Program Consultation – State listed species April 2015

New York Bureau of Parks, Recreation, and Historic Preservation

Consultation – Section 106 National Historic Preservation Act

April 2015

New York State Department of Agriculture and Markets

Consultation April 2015

New York State Department of Transportation

Accommodation of Utilities within State Highway Right-of-Way

November 2015 September 2016

Orange County Department of Public Works

Permit Work within County Right-of-Way

November 2015 September 2016


1.11 NON-JURISDICTIONAL FACILITIES

Non-jurisdictional facilities are those facilities that are related to the Project that would be constructed upstream or downstream of the jurisdictional facilities for the purpose of delivering, receiving, or using the proposed gas volumes. Integrally-related non-jurisdictional facilities could include major power facilities, such as cogeneration plants, as well as less significant facilities, such as lateral pipeline connections built by local distribution companies. Non-jurisdictional facilities associated with the Project at this time are limited to the proposed construction of the CPV Valley Energy Center at the terminus of the Project pipeline (MP 7.8). The power plant will be constructed and owned by CPV. All permitting for the construction and operation of the power plant will also be the responsibility of CPV. The CPV Valley Energy Center was reviewed under the New York State Environmental Quality Review Act (SEQRA) from March 2008 through May 2012. The SEQRA process emphasizes the importance of protecting the environment and maintaining natural resources. New York state law requires completion of the SEQRA process before any other state permits can be issued. There are several steps in the SEQRA process, which consisted of the following for the CPV Valley Energy Center.

Submittal of a Full Environmental Assessment form in March 2008 to the Wawayanda Planning Board, initiating the SEQRA process.

Assignment of the Wawayanda Planning Board as lead agency on June 11, 2008. Issuance of a positive declaration by the lead agency on June 25, 2008, requiring the preparation

of a Draft Environmental Impact Statement (DEIS). Approval of the EIS Scope on October 8, 2008 and submittal of the DEIS on November 18, 2008. Acceptance of the DEIS as complete on February 23, 2009, after review by the lead agency and

its consultants, and revisions to address their comments. Distribution of the DEIS to stakeholders and agencies, distribution of copies at public locations,

and posting of the DEIS on the Town of Wawayanda’s website. A Public comment period from February 23 to April 22, 2009, and an extension of this comment

period through May 14, 2009. A public hearing on April 8, 2009. Implementation of additional studies followed by another public comment period from March 8,

2010 to March 22, 2010. Preparation of a Final Environmental Impact Statement by CPV, which was reviewed by the lead

agency and its consultants and ultimately accepted on February 8, 2012. Issuance of a Findings Statement on May 23, 2012 by the lead agency.

The Findings Statement serves as a summary of the results of the environmental analysis performed in the above procedures. The findings statement is the final step in the SEQRA process and must clearly establish a supportable record for the decision on the project. The Findings Statement issued by the Wawayanda Planning Board on May 23, 2012 completed the SEQRA process for the CPV Valley Energy Center and certified that:

1. The requirements of 6 NYCRR Part 617 have been met; and 2. Consistent with social, economic, and other essential considerations from among the reasonable

alternatives available, the action is one that avoids or minimizes adverse environmental impacts


to the extent practicable, and that adverse environmental impacts will be avoided or minimized to the extent practicable.

CPV subsequently received all other Federal, state, and local permits/approvals required for construction and operation of the project including approval from the New York State Public Service Commission, a copy of which is included in Appendix 1F. Construction of the facility is expected to commence in August 2015 and the planned commercial operation date is November 1, 2017. The location of the facility is depicted on the USGS Quadrangle Excerpt maps provided in Appendix 1A. Land requirements for the CPV Valley Energy Center include an approximate 21.25 acre portion of a total 122 acre parcel of open land. Final approval from the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) was received in April 2015. The OPRHP concluded that the project will have no adverse effect on historic properties listed or eligible for listing on the National Register of Historic Places. United States Fish and Wildlife Service review of the project was conducted through the USACE Nationwide Permit process. The USACE Nationwide Permit approval was issued in June 2012 with a special condition for protection of the Federally-listed endangered Indiana bat (Myotis sodalis), restricting tree clearing to the time period between November 15 and March 31. The FERC has adopted a four factor procedure to determine whether or not the Commission has sufficient federal control and responsibility over related non-jurisdictional facilities to require an environmental analysis of the facilities in connection with the analysis of a proposed project. These four factors are:

1. whether the regulated activity comprises “merely a link” in a corridor-type project (e.g., a transportation or utility transmission project);

2. whether there are aspects of the non-jurisdictional facility in the immediate vicinity of the regulated activity which uniquely determine the location and configuration of the regulated activity;

3. the extent to which the entire project will be within the FERC’s jurisdiction; and 4. the extent of cumulative federal control and responsibility.

The Project will create firm lateral capacity capable of delivering approximately 130,000 dekatherms per day of natural gas as fuel to the CPV Valley Energy Center. The Project serves as merely a link between the CPV Valley Energy Center and the gas supply it requires to operate its natural gas-fired electric generation facility. This factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities. The location of the non-jurisdictional facility only determined the endpoint of the Project, and it did not affect the location and configuration of the Project. Although Millennium will transport gas to the CPV Valley Energy Center, the non-jurisdictional facility does not influence the entire route selected for the Project. Several alternatives were considered during the development of the proposed route for the Project. Accordingly, this factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities. As stated above, the non-jurisdictional facility is regulated by such agencies of the State of New York and is not regulated by the Commission. The Commission has no jurisdiction over the permitting, licensing, funding, construction, or operation of this non-jurisdictional facility. This factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities.


Federal control and responsibility is determined by the amount of federal financing, assistance, direction, regulation, or approval inherent in a project. The CPV Valley Energy Center will be owned and operated by CPV and will not be federally controlled or regulated. This factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities. If additional non-jurisdictional facilities are identified in the future, environmental analysis as warranted will be addressed in future submittals as they are identified. 1.12 CUMULATIVE IMPACTS Cumulative impacts may result when the environmental effects associated with a proposed project are added to temporary (construction-related) or permanent (operations-related) impacts associated with other past, present, or reasonably foreseeable future projects. Although the individual impact of each separate project might not be significant, the additive or synergistic effects of multiple projects could be significant. The purpose of a cumulative impact analysis is to identify and describe potential cumulative impacts that could result from the construction and operation of the Project in conjunction with these other projects. Millennium determined present or reasonably foreseeable future projects from a review of topographic maps, field reconnaissance, agency correspondence, and internet search. Projects included in this cumulative impact analysis are those located within the same county that would be directly affected by construction of the Project (Orange County). Table 1.12-1 [Note: Not Included in this Draft] lists reasonably foreseeable future projects that may cumulatively or additively impact resources that could be affected by the construction and operation of the Project along with an approximate distance from the nearest Project facility. Figure 1.12-1 [NOTE: Not included in this draft] depicts the approximate locations of these projects (where possible) in relation to HUC-12 watersheds to be crossed by the Valley Lateral Project [Note: Not Included in this Draft]. These projects were evaluated for potential cumulative or additive impacts on resources that would be affected by the construction and operation of the Valley Lateral Project. Table 1.12-1 includes one project proposed by CPV, the CPV Valley Energy Center. A summary of land requirements and the environmental review process for this facility is included in Section 1.11, above.

TABLE 1.12-1 Projects with Potential Cumulative Impacts on Resources Within the General Area of the Valley Lateral Project


Project Description Anticipated Date of

Construction / Project Status

Approximate Distance from Nearest Valley Lateral Project Facility (miles)

CPV Valley Energy Center Power Plant August 2015 / Under Construction 0

[TBD] [TBD] [TBD] [TBD]





1.12.1 Potential Cumulative Impact on Resources within the Project Area

Millennium will coordinate, if necessary, with the developers and sponsors of the projects referred to in Table 1.12-1 to avoid or minimize construction-related air, noise and traffic impacts from cumulative activities. The following is a discussion of additional resources and the measures that are in place to minimize cumulative impacts.

Geology, Soils, and Sediments

The facilities associated with the Project are expected to have a temporary but direct impact on near-surface geology, soils, and sediments. Clearing and grading associated with construction of the Project and the other projects listed in Table 1.12-1 could accelerate the soil erosion process and, without adequate protection, could result in discharge of sediment to adjacent waterbodies and wetlands. Because the direct effects will be localized and limited primarily to the period of construction, cumulative impacts on geology, soils, and sediments will only occur if other projects are constructed at the same time and place as the proposed Project facilities. The construction schedules of some of the projects listed in Table 1.12-1 coincide with the schedule proposed for the Project. Millennium will implement the FERC Plan to establish a baseline for minimizing the potential for erosion as a result of water or wind action and to aid in reestablishing vegetation after construction. In addition, disturbance associated with construction activities will be minimized and mitigated through the application of BMPs that will be incorporated into the Project ECS. Should hazardous materials or contaminated soils and/or sediments be encountered during construction, they will be disposed of at fully licensed and permitted disposal facilities in accordance with applicable state and federal laws and regulations. As a result, the cumulative effect on geological resources, soils, and sediments are expected to be temporary and minor.

Water Resources and Wetlands

Construction of the Project will result in temporary impacts on [TBD] acres of wetlands. A total of [TBD] surface waterbodies will also be affected by construction of the Project pipeline facilities. These include [TBD] perennial streams, [TBD] intermittent streams, [TBD] ephemeral streams, and [TBD] ponds. Of these [TBD] waterbodies, [TBD] are minor crossings (less than 10 feet wide), [TBD] are intermediate crossings (10-100 feet wide), and none are major crossings (greater than 100 feet wide). Three waterbodies will be crossed using the HDD method, which will avoid all direct in-stream effects; however, there is a potential for in-stream impacts should an inadvertent release of drilling mud occur during the crossing. Millennium has prepared an HDD Contingency Plan for monitoring the HDD program for the Project. This plan describes measures that will be implemented in the event of an inadvertent release of drilling fluid and is included in Appendix 1B [Note: Not Included in this Draft]. Sediment loading could also occur due to runoff from construction activities near wetlands and waterbodies. These resources could also be affected by a spill of hazardous liquids or the excavation and dispersal of contaminated sediments during trenching. Each proponent for the projects listed in Table 1.12-1 that affects wetlands will be required by the terms and conditions of their respective Section 404 permits to provide compensatory mitigation for unavoidable wetland impacts. However, each of the project proponents will minimize these effects by implementing wetland and waterbody construction and mitigation measures, including erosion control measures by complying with applicable federal and state permit requirements.


Most of the projects identified in Table 1.12-1 are located within the same HUC 12 watershed crossed by the Valley Lateral Project, and some of these projects could potentially result in impacts on wetlands and surface waters. Therefore, there is the potential that cumulative impacts could result if the Valley Lateral Project were constructed in addition to other projects; however, the Project will contribute little to the long-term cumulative impacts on wetlands and waterbodies. Impacts on surface waters resulting from Project construction will end shortly after the pipeline is installed and most of the impact on wetlands will also be of short duration. Construction of the proposed pipeline segments will result in temporary impacts to [TBD] acres of emergent and scrub-shrub wetlands and [TBD] acres of forested wetlands. Approximately [TBD] acres of previously forested wetland will be permanently converted to non-forested cover types and maintained by means of mechanical cutting and mowing as part of pipeline operation. The remaining [TBD] acres of forested wetland will be allowed to revert to a forested state following construction and restoration of the right-of-way. Accordingly, all but this [TBD] acres of forested wetland within new permanent pipeline right-of-way will be permitted to return to a pre-construction state. Therefore, the cumulative effect on waterbody and wetlands will be temporary and minor.

Vegetation and Wildlife

When projects are constructed at or near the same time, the combination of construction activities could have a cumulative impact on vegetation and wildlife in the immediate area. Clearing and grading and other construction activities associated with the projects will result in the removal of vegetation, alteration of wildlife habitat, displacement of wildlife, and other secondary effects such as forest fragmentation and establishment of invasive plant species. As part of each project proponent’s permit conditions, mitigation measures should be implemented to minimize the potential for erosion, revegetate disturbed areas, increase the stabilization of site conditions, and therefore minimize the degree and duration of the cumulative impact on vegetation and wildlife from these projects.

Cultural Resources

Past disturbances on cultural resources in the Project area are typically related to agricultural and residential development, accidental disturbances, intentional destruction or vandalism, lack of awareness of historic value, and construction, maintenance, and operations associated with existing infrastructure. Federally regulated projects will include mitigation measures designed to avoid or minimize additional direct impacts on cultural resources. Non-federal actions will need to comply with any identification procedures and mitigation measures required by the state of New York. Millennium has developed Project-specific plans to address unanticipated discoveries of cultural resources and human remains in the event they are discovered during construction.

Socioeconomics

The Valley Lateral Project and the projects listed in Table 1.12-1 will generate temporary construction jobs. The local supply of construction workers needed for these projects may be derived from workers employed in the area, which will provide a direct economic benefit to those individuals and the communities in which they reside. The non-local laborers could represent an increase in the percent of the total population in the Project area; however, the potentially vacant rental units available in the Project


area will offer enough housing for non-local workers. In addition, Orange County has the necessary infrastructure to provide public services and utilities to support the projects. There will be positive cumulative economic benefits from these projects. Taxes generated from operation of the projects will result in an annual tax revenue increase. Permanent employment will also increase as a result of the operation of many of these projects, with a cumulative benefit of potentially lowering local unemployment rates.

Land Use

The Valley Lateral Project and several other projects listed in Table 1.12-1 will result in both temporary and permanent changes to current land uses. Approximately 24 percent of the 7.8 miles of Project pipeline facilities will be within or adjacent to existing right-of-ways, consisting of public roadways and/or other utility right-of-ways. New permanent effects on land use will be small because [X] percent of the land to be affected by construction of the Project facilities will be allowed to revert to prior uses following construction. No additional restrictions will be required, except for the remaining approximately [X] percent of land affected by the construction of the Project facilities that will be required for operation. Following construction, the majority of affected areas will be restored and relinquished back to the landowner without restrictions. Some new restrictions will be imposed on the new (no greater than 50-foot-wide) permanent right-of-way, but primarily these will be limited to activities such as deep excavations or the construction of new, permanent structures that could threaten the integrity of the pipeline or preclude Millennium’s ability to maintain the pipeline. Because a relatively small area of land to be used by the Project will be converted to another land use type and because construction will be short term, the cumulative effect on land use will be temporary and minor.

Traffic, Parking, and Transit

There is potential for cumulative traffic, parking and transit impacts if other projects listed in Table 1.12-1 are scheduled to take place at the same time in the same area as the Project. Several factors will minimize the potential for cumulative traffic impacts, including the total distance of the Project and the tendency for construction workers to frequently share rides and travel to and from work during off-peak hours. Construction will be scheduled for work within roadways and specific crossings so as to avoid commuter traffic and schedules for school buses and local city transit buses to the extent practical. To limit traffic delays at open-cut road crossings, Millennium will establish detours before cutting these roads. If no reasonable detours are feasible, at least one traffic lane of the road will be left open, except for brief periods when road closure will be required to lay the pipeline. Appropriate traffic management and signage will be set up and necessary safety measures will be developed in compliance with applicable permits for work in the public roadway. Traffic safety personnel will be on hand during periods of construction. Provisions will be made for detours or otherwise to permit traffic flow. On-street parking may also be temporarily impacted during construction. Given the Project’s short duration of construction activities, cumulative impacts on traffic, parking, and transit will be temporary and minimal. Millennium is in the process of developing a traffic management plan for the Project and expects to file the plan with its Certificate application.

Infrastructure and Public Services

The cumulative impact of the Project and other projects on infrastructure and public services could depend on the number of projects under construction at one time and the specific services required for


each project. Operation of the Project will not have a major impact on public services since it will not require the construction of new public roads, extensive new sewer or water systems, or result in significant changes in local population levels.

Air Quality

Construction equipment and vehicles emit air pollutants in the immediate vicinity of construction, and fugitive dust emissions are generated by soil excavation and other construction activities. The cumulative impact on air quality from construction of the Project and projects listed in Table 1.12-1, will depend on the type of construction activities that are taking place at the same time and how close in geographic proximity the construction activities are occurring. Construction of some of these projects is either i) already complete, ii) will occur in phases over many years (such as [TBD]) which reduces their impact at a given location during a given time period, or iii) will occur at varying distances from the Project such that construction of many of the other projects will result in a minimal, if any, cumulative impact with Project construction activities. Because construction activities for the Project, along with the other projects, will be localized, temporary and of short duration in a particular area, the cumulative effect of construction activities are not expected to result in significant adverse air quality impacts. Operation of the projects listed in Table 1.12-1 will have air emissions associated with them; however, the other sources of air emissions from operation of these recent or planned projects are or will be controlled in accordance with state and federal air pollution laws and regulations. As will be described in Resource Report 9 to be submitted by September 2015, the air emissions resulting from operation of the proposed Meter Station will be subject to the limitations imposed by air emissions permits issued under state and federal law and regulations. As a result, long term, permanent degradation of air quality due to operation of the Project in conjunction with the other projects listed in Table 1.12-1 is not expected. Additionally, the use of natural gas results in lower emission rates of greenhouse gases and criteria air pollutants than all other fossil fuels (standardized to emissions per unit of energy consumed). The CPV Valley Energy Center proposed by CPV is an example of use of natural gas for generating electricity in place of higher emitting fuels.

Noise Quality

Construction activities also have the potential to produce an increase in noise levels. Similar to potential cumulative air quality impacts, cumulative impacts from construction noise from the Project and the other projects listed in Table 1.12-1 also depend on the type of construction activities that are taking place at the same time and how close in geographic proximity the construction activities are occurring. Because the noise generated by construction activities will be temporary and localized, construction activities for the Project along with the other projects are not expected to result in significant adverse noise impacts.

Conclusion

The majority of cumulative impacts would be temporary and minor when considered in combination with past, present, and reasonably foreseeable activities. However, some long-term cumulative impacts would occur on wetland and upland vegetation and associated wildlife habitats. Some long-term cumulative benefits to the community would be realized from the increased tax revenues. Short-term cumulative benefits would also be realized through jobs and wages and purchases of goods and materials. Additionally, cumulative impacts on air quality may be reduced if the energy generated by the CPV Valley Energy Center displaces source of energy that use higher emitting fossil fuels.

Draft Resource Report 1 – General Project Description Valley Lateral Project

APPENDIX 1A

USGS Quadrangle Excerpts

Typical Right-of-Way Configurations [NOTE: Not included in this Draft]

Meter Station Plot Plan [NOTE: Not included in this draft]

Volume II-B (Full Size – Provided Under Separate Cover)

Pipeline Alignment Sheets (Scale 1-inch = 200 feet) [NOTE: Not included in this draft]

USGS Quadrangle Maps [NOTE: Not included in this draft]

National Wetland Inventory (NWI) Maps [NOTE: Not included in this draft]

14 Gabriel DriveAugusta, ME 04330

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Town of Minisink

Town of GreenvilleTown of Wawayanda

Orange CountyOTISVILLEUNIONVILLE

PINE IS

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UNIONVILLE

MP 1 MP 1.5

MP 2

Tie-in toExisting

Mainline / MP 0

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Legend!! Route Milepost (0.5 mi)

Proposed Valley Lateral

Existing Millennium Pipeline

Potential Access Road

County Boundary

Town Boundary

USGS Quad

Adjacent Page Valley Lateral ProjectUSGS Quadrange Excerpt

Data sources: ESRI, TRC, Millennium Pipeline, USGS 2013 7.5 minute National Map

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Town ofMinisink

Town of Wawayanda

Orange CountyMIDDLETOWN

OTISVILLE

MIDDLETOWNPINE ISLAND

OTISVILLEUNIONVILLE

PINE IS

LAND

UNIONVILLE

MP 3 MP 3.5 MP 4MP 4.5

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County Boundary

Town Boundary

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Town of MiddletownTown of Wawayanda

Town of Wallkill

Town of Wallkill

Orange County

MIDDLETOWNPINE ISLAND

MP 5.5 MP 6MP 6.5 MP 7

MP 7.5

MP 7.7

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K0 0.50.25

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County Boundary

Town Boundary

USGS Quad



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APPENDIX 1B

Project Compliance and Mitigation Plans

Project Environmental Construction Standards [NOTE: Not included in this draft]

Spill Prevention and Response Procedures [NOTE: Not included in this draft]

Horizontal Directional Drill Contingency Plan [NOTE: Not included in this draft]

Winter Construction Plan [NOTE: Not included in this draft]

Environmental Complaint Resolution Procedure[NOTE: Not included in this draft]


APPENDIX 1C

Agency Correspondence

Valley Lateral Project - Agency Consultation

AgencyRegion/ Division

Contact Name

Contact Address Contact Phone Contact EmailPermit/Clearance/

ApprovalDate Sent Response Type/Date

Participating Agency (Y/N)

Responding ContactMeeting

ScheduleAdditional Comments

US EPA Region 2

Ms. Judith A. Enck,

Regional Administrator

290 Broadway, 25th Floor New York, NY 10007-1866

(212) 637-5000 [email protected] Pre-File Notification4/29/2015 Pre-file letter

sent via email4/30/2015 email Ms. Judith Enck

Acknowledged receipt of email.

US EPA Region 2

Ms. Judith A. Enck,

Regional Administrator

290 Broadway, 25th Floor New York, NY 10007-1866


sent via email5/1/2015 email

Mr. Lingard KnutsonSr. Transportation and Energy

Environmental AnalystU.S. Environmental Protection

Agency, Region 2290 Broadway, 25th Floor

New York, NY(212) 637-3747

[email protected]

Please address all natural gas projects

to me, or to my supervisor, Grace

Musumeci, ([email protected]), as it is our

section that will review NEPA

documentation on FERC projects.

US EPA Region 2

Lingard Knutson

Sr. Transportation

and Energy Environmental

Analyst

U.S. Environmental Protection Agency, Region 2

290 Broadway, 25th FloorNew York, NY

(212) 637-3747 [email protected] - Drinking

Water Resources5/19/2015 letter sent

via email5/29/2015 email Mr. Lingard Knutson

Pipeline route not within any Sole Source Aquifer.

Within 0.5 mile of NW NJ 15 Basin

SSA.

NOAA Fisheries

Northeast Region Office

Ms. Jennifer Anderson,

NEPA Coordinator

55 Great Republic DriveGloucester, MA 01930


sent via email5/7/2015 email

Mr. Sean [email protected]

I will pass this to Karen Greene and

Chris Boelke.

NOAA Fisheries


Mr. Shawn McDermott


(978) 281-9226 [email protected] 7 Endangered

Species Act / Protected Species Areas

5/19/2015 letter sent via email

5/22/2015 email NMr. Sean McDermott

[email protected]/A

Karen Greene may be a better contact

for this type of project.

NOAA Fisheries


Ms. Karen Greene


[email protected] 7 Endangered


5/28/2015 email 5/28/2015 email N Ms. Karen Greene N/AAcknowledged

receipt

NOAA Fisheries

James J. Howard Marine

Sciences Laboratory

Ms. Karen Greene


[email protected] 7 Endangered


5/28/2015 email 6/16/2015 email N

Ms. Melissa D. Alvarez, Marine Habitat Resource Specialist

Habitat Conservation Division, NMFS, James J. Howard Marine

Sciences Laboratory74 Magruder Road

Highlands, NJ 07732(732) 872 - 3116

[email protected]

N/A

No ESA Section 7 Consultation

necessary. No EFH consultation is

necessary.

USFWS Region 5

Mr. David Stilwell, Field

Office Supervisor

New York Field Office3817 Luker Road

Cortland, NY 13045(607) 753-9334 [email protected] Pre-File Notification

4/29/2015 Pre-file letter sent via email

5/7/2015 email

Mr. Tim SullivanUSFWS

3817 Luker Road Cortland, NY 13045

[email protected]

We will log the project into our

database and wait for the additional

information.

USFWS Region 5

Mr. David Stilwell, Field

Office Supervisor


Cortland, NY 13045(607) 753-9334 [email protected] Pre-File Notification


5/14/2014 email

Ms. MaryEllen VanDonselUSFWS NY Field Office

3817 Luker RoadCortland, NY 13045

[email protected](607) 753 - 9699

No action at this time, but would like to be kept informed

of project developments.

Agency Correspondence Tracking Sheet - Federal Agencies

June 2015Page 1 of 7



Contact Name

Contact Address Contact Phone Contact EmailPermit/Clearance/

ApprovalDate Sent Response Type/Date




Agency Correspondence Tracking Sheet - Federal Agencies

USFWS Region 5Ms. MaryEllen

VanDonsel


Cortland, NY 13045(607) 753-9334 [email protected]

Section 7 Endangered Species Act / National

Wildlife Refuges


6/11/2015 YMegan Patch

[email protected]

Provided instructions to obtain an official species list and for returning the list to the NY Field Office.

USACE

New York District

(Western Permits Section)

Mr. Brian Orzel, Project

Manager

US Army Corps of EngineersATTN: Regulatory Branch, Room

193726 Federal Plaza

New York, NY 10278-0090

(917) 790 - 8411 [email protected] Pre-File Notification4/29/2015 Pre-file letter

sent via email5/8/2015 email Mr. Brian Orzel

Provided information on the USACE

permit program.

USGSMinerals

Information

Mr. Robert M. Callaghan,

State Minerals Specialist

989 National CenterReston, VA 20192

(703) 648-7709 [email protected] - Mineral Resources & Geologic

Hazards


5/28/2015 email Mr. Robert Callaghan

USGS does not provide project

review services. I can direct you to any USGS publications

that may help.

USDA NRCS Middletown

Service Center

Mr. Kevin Sumner, District

Manager

225 Dolson AveMiddletown, NY 10940-6539

(845) 343-1873 [email protected] - Orange

County Soils5/19/2015 letter sent

via email

USDA NRCS NRCS FOIA

Service Center - New York

Ms. Angela VanDyke, NY FOIA Officer

USDA NRCS441 South Salina Street, Suite 354

Syracuse, NY 13202-2450(315) 477 - 6504 [email protected]

Consultation - FSA and NRCS program

properties


Acknowledged Receipt 6/1/2015

USDA Forest Service

Eastern Region - R9

Mr. Tony L. Ferguson,

Area Director

Northeastern Area OfficeOffice of the Director

11 Campus BoulevardSuite 200

Newton Square, PA 19073

(610) 557 - 4103 [email protected] - Federal

Lands5/19/2015 letter sent

via email5/28/2015 email N Mr. Tony L. Ferguson

Orange County, NY participates in the Common Water

Collaborative effort for the Upper Delaware. No

National Forest Lands, no Legacy

money on conservation easements.

US NPSNortheast

Region

Mr. Mike Caldwell, Regional Director

National Park ServiceU.S. Custom House200 Chestnut Street

Philadelphia, PA 19106

(215) - 597 - 7013 [email protected] Pre-File Notification4/29/2015 Pre-file letter

sent via email

US NPSNortheast

Region

Ms. Mary K. Morrison, Resource Planning Specialist

U.S. Custom House200 Chestnut St., Fifth Floor

Philadelphia, PA 19106(215) 597-7067 [email protected]

Consultation - Federal Lands





Contact Name Contact Address Contact Phone Contact EmailPermit/Clearance/

ApprovalDate Sent

Response Date/Type




NYSDOH

Bureau of Public Water

Supply Protection

Ms. Jane ThapaWellhead Protection ProgramCorning Tower Room 1110

Albany, NY 12237(518) 402-7711 [email protected]

Consultation - Drinking Water Resources

5/19/2015 letter via email (cc)

NYSDOH

Bureau of Public Water

Supply Protection

Mr. Lloyd Wilson

Source Water Assessment ProgramCorning Tower Room 1110

Albany, NY 12237(518) 402-7711 [email protected]


5/19/2015 letter via email (cc)

NYSDOHRecords

Access Office

Elizabeth Sullivan (Acting

Officer)

Corning Tower Room 2364Albany, NY 12237-0044

(518) 474-8734 [email protected] - Drinking Water Resources FOIL

Request

5/19/2015 letter via email


N doh.sm.BOB-FOILAcknowledgement of

FOIL request

NYSDOS

Office of Coastal, Local Government

and Community Sustainability

Mr. Jeffrey Zappieri

Facility Review Specialist99 Washington Avenue

Suite 1010Albany, NY 12231-0001

(518) 473-2476 [email protected] - Coastal

consistency5/19/2015 letter via

email5/28/2015 email N

Matthew P. Maraglio, Coastal Resources Specialist

NYS Coastal Management Program Consistency Review Unit Office of

Planning and DevelopmentNYS Department of State99 Washington Avenue

One Commerce Plaza, Suite 1010Albany, NY 12231

(518) [email protected]

At this time, the DOS does not anticipate that your proposed Project will have any effects on

coastal uses or resources within the NYS coastal area.

NYSDAM (New York

State Department of Agriculture and

Markets)

Mr. Matthew Brower,

Agricultural Resource Specialist

10B Airline DriveAlbany, NY 12235

Office (518) 457-2851

Cell (518) 527-7685

[email protected] Pre-File Notification4/29/2015 Pre-file

letter sent via email5/1/2015 email Y Mr. Matt Brower

The Department will participate in the Pre-

Filing Review Process. I look forward to

discussing the project in greater detail,

including potential agricultural impacts.

NYSDAM (New York

State Department of Agriculture and

Markets)

Mr. Matthew Brower,

Agricultural Resource Specialist


Office (518) 457-2851

Cell (518) 527-7685

[email protected] -

Soils/Agricultural Resources


5/28/2015 Y Mr. Matt Brower

Requested field review and indiciated most

agricultural land crossed was used for pasture, hay and row

crops

NYSDAM

Division of Land and Water Resources,

Agricultural and Farmland Protection Program

Mr. David H. Behm,

Farmland Protection Program Manager


(518) 457-2713 [email protected] - Farmland

Protection Properties5/19/2015 letter via

emailRead Receipt

5/28/2015

Agency Correspondence Tracking Sheet - New York State Agencies





ApprovalDate Sent

Response Date/Type





NYSDEC(New York

State Department of Environmental Conservation)

NYNHP(New York

Natural Heritage Program)

Mr. Nicholas Conrad,

Information Resources Coordinator

NYSDEC-DFWMRNY Natural Heritage Program

625 Broadway, 5th FloorAlbany, NY 12233-4757

(518) 402-8944 [email protected] Pre-File Notification4/29/2015 Pre-file

letter sent via email4/30/2015 email N Mr. Nick Conrad

Other than the request for rare and listed

species information, there is no need to send other notices about the project to New York Natural

Heritage.

NYSDEC(New York

State Department of Environmental Conservation)

NYNHP(New York

Natural Heritage Program)

Mr. Nicholas Conrad,


NYSDEC-DFWMRNY Natural Heritage Program

625 Broadway, 5th FloorAlbany, NY 12233-4757

(518) 402-8944 [email protected] - RT&E

Species5/19/2015 letter via

email6/12/2015 letter via

emailN Mr. Nick Conrad

Identified the Indiana bat within 2.5 miles of

the entire Valley Lateral and as close as 0.5

mile in some locations

NYSDEC Region 3Mr. Martin

Brand, Regional Director

21 South Putt Corners RoadNew Paltz, NY 12561-1696

(845) 256 - 3033 via [email protected] - Natural

Resources4/29/2015 Pre-file

letter sent via email

NYSDEC Region 3Mr. Martin

Brand, Regional Director

21 South Putt Corners RoadNew Paltz, NY 12561-1696

(845) 256 - 3033 via [email protected]

Consultation - Hazardous Sites, Fisheries

Resources, Mineral Resources, State Lands


New York State Office of Parks, Recreation, and

Historic Preservation

(NYS OPRHP)

State Historic Preservation

Office (SHPO)

Ms. Ruth L. Pierpont, Deputy

Commissioner / Deputy SHPO

Peebles Island State ParkP.O. Box 189

Waterford, NY 12188-0189(518) 237-8643 [email protected] Pre-File Notification


5/7/2015 email

Ms. Kathleen A. Howe, Survey Unit Coordinator

Certified Local Government Representative for Western New

YorkNYS OPRHP

Peebles Island State ParkPO Box 189

Waterford, NY 12188-0189(518) 268 - 2168

[email protected]

Paul Archambault is the survey staff reviewer for

this project.



(NYS OPRHP)


Office (SHPO)

Ms. Ruth L. Pierpont, Deputy

Commissioner / Deputy SHPO


Waterford, NY 12188-0189(518) 237-8643 [email protected] Pre-File Notification


5/11/2015 email

Mr. Paul Archambault, Historic Preservation Specialist/Survey &

Evaluation UnitNYS OPRHP

PO Box 189 Peebles Island Waterford, NY 12188

(518) 268 - [email protected]

At this stage of the project, the SHPO has

no response. Any future reviews can be submitted through our

Cultural Resource Information System.



(NYS OPRHP)


Office (SHPO)

Mr. Paul Archambault


Waterford, NY 12188-0189(518) 237-8643 [email protected]

Consultation - Historic/Archeological

Resources





ApprovalDate Sent

Response Date/Type





NYS OPRHP GIS BureauMs. Christina

Croll, GIS Manager

625 Broadway, 2nd FloorAlbany, NY 12238

(518) 473-7787 [email protected]

Consultation - State Forests & Parks,

Recreation, Trails, Scenic Roads, Rivers and Open

Land. Proposed Greenways and LWCF

properties.


5/26/2015 email N

Diana Carter, Director of planningNYS OPRHP Resource and Facility

Planning Bureau625 Broadway

Albany, NY 12238(518) 474-8288

[email protected]

No impact on property under the jurisdiction of OPRHP. Shannen Park

w/in 1/2 mile. No existing or proposed

greenway trails. Continue to consult with

SHPO.

New York State Public Service Commission (NYSPSC)

Office of Electric, Gas,

and Water

Rajendra Addepalli, Director

Empire State PlazaAgency Building 3

Albany, NY 12223-1350(518) 473 - 8986 [email protected] Pre-File Notification


New York State Geological

Survey

Office of the State Geologist

Dr. Andrew Kozlowski,

Glacial Geologist

3000 Cultural Education CenterAlbany, NY 12230

(518) 486 - 2012 [email protected] - Geologic Resources and Hazards


read receipt 5/28/2015

NYS Farm Service Agency

Conservation Programs

Ms. Virginia Green

441 South Salina StreetSuite 536

Syracuse, NY 13202(315) 477-6354 [email protected]

Consultation - FOIA Request FSA Enrolled

Properties


Out of Office Reply 5/19/2015





ApprovalDate Sent Response Date/Type




Department of Planning

Orange County

Mr. David E. Church, AICP,

Planning Commissioner

1887 County Building124 Main Street

Goshen, NY 10924(845) 615 - 3840 [email protected]

Consultation - Planned Developments, Open

Space, Schools, Parks


Read Receipt 5/28/2015

Department of Health, Division

of Environmental

Health

Orange CountyEdwin L. Sims,

P.E., Acting Director

1887 County Building124 Main Street

Goshen, NY 10924(845) 291 - 2331 [email protected]



5/20/2015 email N Mr. Edwin L. Sims

No surface waters that provide public drinking

water within 1/2 mile. No public water supply

wells w/in 300 feet. Not aware of any public

drinking water springs w/in 1/2 mile.

Planning Board Wawayanda

Ms. Barbara Parsons,

Planning Board Chair

80 Ridgebury Hill RoadSlate Hill, NY 10973

(845) 355 - 5700


Space, Schools, Parks, drinking water

5/19/2015 letter via FedEx

FedEx #604492656768 delivered 5/21/15 signed

by S. Bosch

Planning Board Minisink

Mr. David Witkowski,

Planning Board Chair

20 Roy Smith DriveWesttown, NY 10998

(845) 726 - 3700 [email protected]


Space, Schools, Parks, drinking water


Farm Service Agency

Orange County

Mr. Ford Barber, County

Executive Director

225 Dolson Ave STE 101Middletown, NY 10940-6539

(845) 343 - 1872 [email protected] -

CRP/CREP Properties5/19/2015 letter sent

via emailAcknowledged receipt

5/28/2015

Agency Correspondence Tracking Sheet - New York County and Local Agencies


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Libby, Nicole

From: Enck, Judith <[email protected]>Sent: Thursday, April 30, 2015 12:42 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Thank you

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:38 PM To: Enck, Judith Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Ms. Enck, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Knutson, Lingard <[email protected]>Sent: Friday, May 01, 2015 11:02 AMTo: Libby, NicoleCc: Musumeci, GraceSubject: CPV Valley Lateral

Hi Nicole – your email to Judith Enck has been forwarded to me. Thank you for the information! In future, please address all natural gas projects to me, or to my supervisor, Grace Musumeci, ([email protected]), as it is our section that will review NEPA documentation on FERC projects. Thank you! Lingard Lingard Knutson Sr. Transportation and Energy Environmental Analyst U.S. Environmental Protection Agency, Region 2 290 Broadway, 25th Floor New York, NY (212) 637-3747

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Libby, Nicole

From: Knutson, Lingard <[email protected]>Sent: Friday, May 29, 2015 8:28 AMTo: Libby, NicoleCc: Anthony RanaSubject: RE: Valley Lateral Project - Information Request

Libby – thank you for the shape file. EPA will be working with FERC on this pre‐filing, but I have had our staff review the file regarding its location in comparison to Sole Source Aquifers. While the proposed pipeline route itself is not within an SSA but the yellow boundary may just nip a piece of the Northwest NJ 15 Basin SSA. I hope this is helpful. Lingard

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From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 28, 2015 9:51 AM To: Knutson, Lingard Subject: Valley Lateral Project ‐ Information Request Mr. Knutson,

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Libby, Nicole

From: Zimmer, JohnSent: Tuesday, June 16, 2015 10:30 AMTo: Libby, NicoleSubject: FW: CPV Valley Lateral, Millennium Pipeline

Follow Up Flag: Follow upFlag Status: Flagged

From: Melissa Alvarez ‐ NOAA Federal [mailto:[email protected]] Sent: Tuesday, June 16, 2015 10:29 AM To: Zimmer, John Subject: CPV Valley Lateral, Millennium Pipeline

John, NOAA NMFS has reviewed your information request. The project area has no ESA-listed species under NMFS jurisdiction occur in the project area. No ESA section 7 consultation is necessary. The project area also has no EFH species under our jurisdiction and therefore no further EFH consultation is necessary either. Feel free to contact me with any further questions. Thank you,

Melissa D. Alvarez, PWS Marine Habitat Resource Specialist Habitat Conservation Division National Marine Fisheries Service James J. Howard Marine Sciences Laboratory 74 Magruder Rd. Highlands, NJ 07732 (732) 872-3116 phone (732) 872-3077 fax [email protected] http://www.greateratlantic.fisheries.noaa.gov/

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Libby, Nicole

From: Tim Sullivan <[email protected]>Sent: Thursday, May 07, 2015 9:50 AMTo: Libby, NicoleCc: David Stilwell; [email protected]: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Hello Libby, It was nice chatting with you as well. We will log the project into our database and wait for the additional information mentioned in your letter. Thank you for the coordination. Tim Tim Sullivan US Fish and Wildlife Service 3817 Luker Road Cortland, NY 13045 (607)753‐9334

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 07, 2015 9:38 AM To: [email protected] Cc: [email protected] Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification Tim, Thank you for speaking with me on the phone this morning. Below and attached is the pre‐File notification for the CPV Valley Lateral Project for USFWS. If you could confirm receipt that would be great. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Libby, Nicole Sent: Thursday, April 30, 2015 12:48 PM To: '[email protected]' Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification

2

Mr. Stilwell, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Libby, NicoleSent: Monday, May 18, 2015 3:27 PMTo: Libby, NicoleSubject: FW: CPV Valley Lateral - Pre-filing Review Process NotificationAttachments: 8I0175out dated 5-14-2015.pdf

From: VanDonsel, MaryEllen [mailto:[email protected]] Sent: Thursday, May 14, 2015 9:09 AM To: Zimmer, John Cc: Robyn Niver Subject: CPV Valley Lateral ‐ Pre‐filing Review Process Notification

Hello - Please see the attached file for our threatened and endangered species response relative to the subject project. A hard copy will not be sent. Have a nice day. MaryEllen VanDonsel U.S. Fish and Wildlife Service New York Field Office 3817 Luker Road Cortland, NY 13045 email: [email protected] phone: 607-753-9334 fax: 607-753-9699

United States Department of the Interior

FISH AND WILDLIFE SERVICENew York Field Office

3817 Luker RoadCortland, NY 13045

Phone: (607) 753-9334 Fax: (607) 753-9699http://www.fws.gov/northeast/nyfo

To: JohnZimmer Date: May 14.2015

USFWS File NO:_,8=10=1:....:.7..=5 _

Regarding your: ___x_Letter Fax Email Dated: April 29, 2105

For project: CPV Valley Lateral pre-filing review process notification

Located: ------------------------------------------------------------In Town/County: Town ofWawayanda / Orange County

Pursuant to the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 etseq.), the U.S. Fish and Wildlife Service:

Acknowledges receipt of your "no effect" and/or no impact determination. No further ESAcoordination or consultation is required.

Acknowledges receipt of your determination. Please provide a copy of your determination andsupporting materials to any involved Federal agency for their final ESA determination.

___x_ Is taking no action pursuant to ESA or any legislation at this time, but would like to be keptinformed of project developments.

As a reminder, until the proposed project is complete, we recommend that you check our website(http://www.fws.gov/northeastlnyfo/es/section7.htm) every 90 days from the date of this letter to ensurethat listed species presence/absence information for the proposed project is current. Should projectplans change or if additional information on listed or proposed species or critical habitat becomesavailable, this determination may be reconsidered.

USFWS Contacus): Q~~Supervisor: 400 ~ Date:S;#~

United States Department of the Interior

FISH AND WILDLIFE SERVICENewYorkFieldOffice

3817 LukerRoadCortland,NY 13045

Phone:(607) 753-9334 Fax: (607) 753-9699http://www .fws.gov/northeastlnyfo

Document Control Number: 80175~~~----------

To: John Zimmer Date: Jun 11 2015Regarding: CPV Valley Lateral ProjectTown/County: Town ofWawayandaJOrange CountyWe have received your request for information regarding occurrences of federally-listed threatened andendangered species within the vicinity of the above-referenced project/property. In an effort to streamline projectreviews, species lists may now be obtained from our website athttp://www.fws.gov/northeast/nyfo/es/section7.htm. Please go to this site and follow the instructions to obtain:an official list request response; information about listed, proposed, and candidate species; and steps to completeinitial assessments of whether a species may be present and impacted by a proposed action. Please note that thisprocess involves two parts: (1) visiting the U.S. Fish and Wildlife Service's IPaC website to obtain an officialspecies list; and (2) returning to the New York Field Office's website to complete the remaining steps indetermining your project's potential impacts.

As a reminder, Section 9 of the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.)prohibits unauthorized taking* of listed species and applies to federal and non-federal activities. Additionally,threatened and endangered species and their habitats are protected by Section 7(a)(2) of the ESA, which requiresfederal agencies, in consultation with the Service, to ensure that any action they authorize, fund, or carry out is notlikely to jeopardize the continued existence of listed species or result in the destruction or adverse modification ofdesignated critical habitat. An assessment of the potential direct, indirect, and cumulative impacts is required forall federal actions that may affect listed species.

For projects not authorized, funded, or carried out by a federal agency, we provide technical assistance toindividuals and other non-federal entities to assist with project planning to avoid the potential for ''take,'' or whenappropriate, to provide assistance with their application for an incidental take permit pursuant to SectionIO(a)(l)(B) of the ESA.

Project construction or implementation should not commence until all requirements of the ESA have beenfulfilled. If you have any questions or require further assistance regarding threatened or endangered species,please contact the Endangered Species Program at (607) 753-9334. Please refer to the above document controlnumber in any future correspondence.

*Under the ESA and regulations, it is illegal for any person subject to the jurisdiction of the United States to take (includes harass, harm,pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these), import or export, ship in interstate or foreigncommerce in the course of commercial activity, or sell or offer for sale in interstate or foreign commerce any endangered fish or wildlifespecies and most threatened fish and wildlife species. It is also illegal to possess, sell, deliver, carry, transport, or ship any such wildlife thathas been taken illegally. "Harm" includes any act which actually kills or injures fish or wildlife, and case law has clarified that such actsmay include significant habitat modification or degradation that significantly impairs essential behavioral patterns of fish or wildlife.

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Libby, Nicole

From: Orzel, Brian A NAN02 <[email protected]>Sent: Friday, May 08, 2015 1:42 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification (UNCLASSIFIED)Attachments: NWPs.pdf; BT SURVEY_April 2006.pdf; Ibat fact sheet2012[1].pdf;

NorthernLongearedBatFactSheet-13.pdf; PHASE 1 REPORT - TEMPLATE.pdf

Classification: UNCLASSIFIED Caveats: NONE Ms. Libby, When the time comes to apply for a permit from this office, you will likely do it under Nationwide General Permit (NWP) Number 12, for Utility Line Activities. The current NWP regulations and regional conditions are attached. You will need to fully evaluate the proposed utility line path for the presence of waters of the United States, including wetlands. Once you have identified all waters along the utility line path, you will need to put them on your drawing set and calculate how many acres of each water would be impacted. If you would be directionally drilling under streams, there would be no impact to the stream. You will need to provide section drawings as well (longitudinal works best for this type of project), clearly showing how deep the line would be placed with respect to the waters. With these types of projects, the waters identification and impact calculations are often best organized in a table. You will also need to fully evaluate the proposed utility line path for possible impacts to federally endangered and threatened species under the Endangered Species Act. Attached are fact sheets for the most common ESA species in this part of Orange County. Below is a description of our permit program for your information: The Army Corps of Engineers regulates activities that include dredging or construction activities in or over any navigable waters of the United States, the placement of any dredged or fill material in any waters of the United States (including coastal or inland wetlands) or the accomplishment of any work affecting the course, location, condition or capacity of such areas. Such activities may require a Department of the Army permit, in accordance with 33 CFR 320‐332. Most waterbodies, including wetlands, intermittent streams and natural drainage courses, are considered to be waters of the United States. Currently, the State of New York Department of Environmental Conservation (NYSDEC) recognizes and maps state fresh water wetlands as those wetland areas that are 12.4 acres or more and/or are ecologically unique. A NYSDEC determination classifying an area as a non‐state regulated wetland does not free a property owner from his or her obligations under the Clean Water Act; the Corps regulates the discharge of dredged or fill material into all freshwater wetlands, regardless of size. To remain out of Department of the Army jurisdiction completely, we recommend that an applicant limit the project to those areas upland of any waters or wetlands of the United States. Not only is this environmentally sound, but it could potentially save an applicant considerable time and expense while attempting to obtain necessary federal, state or local permits. When fill material is contemplated to be placed within those areas of Corps jurisdiction, the extent of these waters of the United States needs to be delineated according to the Federal Methodology, which requires the evaluation of

2

features including the hydrology, the vegetation, and the soils present on the site. The current method for delineating Army Corps of Engineers jurisdictional wetlands is in accordance with the "Corps of Engineers Wetlands Delineation Manual," Technical Report Y‐87‐1, and the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region". The manual may be obtained from the U.S. Army Corps of Engineers New York District website at: http://el.erdc.usace.army.mil/elpubs/pdf/wlman87.pdf The regional supplement may be obtained from the U.S. Army Corps of Engineers New York District website at: http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/reg_supp/NCNE_suppv2.pdf It is possible that a project may qualify for a nationwide general permit (NWP), in accordance with 33 CFR 330 and the Issuance of Nationwide Permits in the Federal Register dated February 21, 2012 (77 FR 10184 ‐ 10290). An activity is authorized under a nationwide general permit only if that activity and the permittee satisfy all of the nationwide permit's terms and conditions. Unless a nationwide general permit contains a condition requiring the applicant to notify the Corps prior to undertaking the proposed activity, a written authorization is not necessary. Activities that do not qualify for authorization under a nationwide general permit may still be authorized by an individual or regional general permit. The current nationwide permits can be found on the Army Corps of Engineers Headquarters website at: http://www.usace.army.mil/CECW/Pages/nw_permits.aspx , or at the New York District website at: http://www.nan.usace.army.mil/Missions/Regulatory/NationwidePermits.aspx . If you have any questions, let me know. Brian Brian A. Orzel Project Manager/Civil Engineer U.S. Army Corps of Engineers New York District (917) 790‐8413 ‐‐‐‐‐Original Message‐‐‐‐‐ From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:52 PM To: Orzel, Brian A NAN02 Subject: [EXTERNAL] CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Orzel, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 ‐ 0854, with questions regarding the Project. Sincerely,

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Libby, Nicole

From: Callaghan, Robert <[email protected]>Sent: Thursday, May 28, 2015 10:17 AMTo: Libby, NicoleCc: GS-G-ER NMIC Records MgtSubject: Re: Valley Lateral Project - Information Request

Ms. Libby: USGS does not provide project review services. However, if there is some information you need in order to complete a project review, I can try to direct you to any USGS publications that may help. Regards, Robert Callaghan National Minerals Information Center U.S. Geological Survey phone: (703) 648-7709 e-mail: [email protected] Web: http://minerals.usgs.gov/minerals On Thu, May 28, 2015 at 9:59 AM, Libby, Nicole <[email protected]> wrote:

Mr. Callaghan,

Please note that the name of the project in the information request below has been modified to “Valley Lateral Project”. If you could refer to the project as such in any future response that would be appreciated. I can be reached at the contact information below with any questions and look forward to your response.

Thank you,

Nicole Libby

Project Specialist

TRC Environmental Corporation

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Libby, Nicole

From: Ferguson, Tony L -FS <[email protected]>Sent: Thursday, May 28, 2015 10:35 AMTo: Robert K. Davies ([email protected])Cc: Clark, Robert -FS; Libby, NicoleSubject: Valley Lateral Project - Information RequestAttachments: USDA-ForestService_Ferguson_05-19-2015.pdf; CPV Valley Lateral_2015May19.zip;

Valley Lateral Project - Information Request

Rob, Please see the message below from Nicole Libby at TRC Environmental Corporation. I am providing this to you as a heads-up as well as a possible response from your office. We identified Orange County, NY participation in the Common Water collaborative effort for the Upper Delaware but not anything else. There are no National Forests lands in the area and our records indicate that no Legacy money has been expended on conservation easements. We are not aware of any projects that might be impacted by this project but wanted to get this information to you as well. Do you know of any NRCS easement funds that could have been used in this area? Please reply to Nicole Libby at [email protected]

I am also attached a more recent email from Nicole regarding a project name change. Now called the “Valley Lateral Project”.

Thanks, Tony

Tony L. Ferguson Area Director

Forest Service Northeastern Area - State and Private Forestry

p: 610-557-4103 c: 610-574-1163 f: 610-557-4177 [email protected]

11 Campus Boulevard, Suite 200 Newtown Square, PA 19073 www.fs.fed.us

Caring for the land and serving people

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Libby, Nicole

From: Zimmer, JohnSent: Wednesday, May 20, 2015 7:40 AMTo: Libby, NicoleSubject: FW: FOIL # *15-05-224-RAO*Attachments: Acknowledgment Letter 1505224.pdf

From: doh.sm.BOB‐FOIL [mailto:[email protected]] Sent: Tuesday, May 19, 2015 4:21 PM To: Zimmer, John Subject: FOIL # *15‐05‐224‐RAO*

Attached is the Department's acknowledgment to your Freedom of Information Law request. Records Access Office New York State Department of Health Corning Tower, Rm 2364 Albany, NY 12237 P: (518) 474-8734 F: (518) 486-9144 Email: [email protected]

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Libby, Nicole

From: Maraglio, Matthew (DOS) <[email protected]>Sent: Thursday, May 28, 2015 10:41 AMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - Information Request

Nicole Based on the information that you have provided, it appears that the project would be located outside of the New York State Coastal Area. Generally, for federal permitting actions involving actions outside of the coastal area, it is the applicant’s responsibility to determine if there will be any effects on coastal uses or resources within the coastal area. Should you determine that there will be effects, please complete a Federal Consistency Assessment Form and submit it along with all necessary data and information to the Department of State concurrently with your submittal to the applicable federal agencies. If you determine that there will be no effects on coastal uses or resources, then no submittal is required unless the Department of State advises you that coastal effects are likely and requests that you submit a certification. At this time, the Department of State does not anticipate that your proposed project will have any effects on coastal uses or resources within the NYS Coastal Area. Please continue to keep the Department of State copied on your submittals. ‐Matthew Maraglio

Matthew P. Maraglio Coastal Resources Specialist, NYS Coastal Management Program Consistency Review Unit, Office of Planning & Development New York Department of State 99 Washington Avenue, One Commerce Plaza, Suite 1010, Albany, NY 12231 O: 518.473.3371 | [email protected] www.dos.ny.gov

From: Zappieri, Jeffrey D (DOS) Sent: Tuesday, May 19, 2015 2:11 PM To: Maraglio, Matthew (DOS) Subject: FW: CPV Valley Lateral Project ‐ Information Request

From: Libby, Nicole [mailto:[email protected]] Sent: Tuesday, May 19, 2015 1:27 PM To: Zappieri, Jeffrey D (DOS) Subject: CPV Valley Lateral Project ‐ Information Request Mr. Zappieri, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached information request for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. Project shapefiles are also attached to assist in your review. I am available at the contact information below if you have any problems viewing the attachments, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project.

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Libby, Nicole

From: Brower, Matthew (AGRICULTURE) <[email protected]>Sent: Friday, May 01, 2015 7:47 AMTo: Libby, NicoleCc: Zimmer, JohnSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Libby, The Department will participate in the Pre‐Filing Review Process. I look forward to discussing the project in greater detail, including potential agricultural impacts. Matt Brower Office (518) 457‐2851 Cell (518) 527‐7685

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:59 PM To: Brower, Matthew (AGRICULTURE) Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Brower, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Conrad, Nick (DEC) <[email protected]>Sent: Thursday, April 30, 2015 2:29 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Nicole, Thanks. I wanted to make sure a DEC office was on your mailing list, since Natural Heritage can’t speak for NYSDEC. Other than the request for rare and listed species information, there is no need to send other notices about the project to New York Natural Heritage. Nick

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 1:48 PM To: Conrad, Nick (DEC) Subject: RE: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Nick, Correct, no action is needed at this time. We will be following up in the coming weeks with an information request for RT&E species. I did send the same correspondence this afternoon to Region 3 Director Martin Brand. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Conrad, Nick (DEC) [mailto:[email protected]] Sent: Thursday, April 30, 2015 1:15 PM To: Libby, Nicole Subject: RE: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Ms. Libby, May I confirm that there is no action you are requesting from New York Natural Heritage at this time? Did the NYSDEC Regional Office also receive this notice? Thanks,

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Nick Conrad Nicholas Conrad Information Resources Coordinator New York Natural Heritage Program SUNY College of Environmental Science and Forestry In partnership with NYS Department of Environmental Conservation 625 Broadway Albany, NY 12233‐4757 (518) 402‐8944 [email protected] www.nynhp.org

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 1:03 PM To: Conrad, Nick (DEC) Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Conrad, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Division of Fish, Wildlife & Marine ResourcesNew York Natural Heritage Program625 Broadway, 5th Floor, Albany, New York 12233-4757 Phone: (518) 402-8935 • Fax: (518) 402-8925 Website: www.dec.ny.gov

Joe Martens

Commissioner

June 12, 2015

John Zimmer


650 Suffolk Street, Suite 200

Lowell, MA 01854

Valley Lateral ProjectRe:

Minisink, Wawayanda. Town/City: Orange. County:

Dear John Zimmer:

Sincerely,

In response to your recent request, we have reviewed the New York Natural Heritage

Program database with respect to the above project.

Enclosed is a report of rare or state-listed animals and plants, and significant natural

communities, which our databases indicate occur, or may occur, on your site or in the

immediate vicinity of your site.

For most sites, comprehensive field surveys have not been conducted; the enclosed

report only includes records from our databases. We cannot provide a definitive statement as

to the presence or absence of all rare or state-listed species or significant natural

communities. Depending on the nature of the project and the conditions at the project site,

further information from on-site surveys or other sources may be required to fully assess

impacts on biological resources.

Our databases are continually growing as records are added and updated. If this

proposed project is still under development one year from now, we recommend that you

contact us again so that we may update this response with the most current information.

The presence of the plants and animals identified in the enclosed report may result in

this project requiring additional review or permit conditions. For further guidance, and for

information regarding other permits that may be required under state law for regulated areas

or activities (e.g., regulated wetlands), please contact the appropriate NYS DEC Regional

Office, Division of Environmental Permits, as listed at www.dec.ny.gov/about/39381.html.

584

Nicholas Conrad


New York Natural Heritage Program

New York Natural Heritage Program

The following state-listed animals have been documentedin the vicinity of the Valley Lateral Project site.

The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern; and/or that are federally listed or are candidates for federal listing.

Report on State-Listed Animals

For information about potential impacts of your project on these populations, how to avoid, minimize, or mitigate any impacts, and any permit considerations, contact the Wildlife Manager at the NYSDEC Regional Office for the region where the project is located. A listing of Regional Offices is at http://www.dec.ny.gov/about/558.html.

The following species have been documented within 2.5 miles of the whole length of the Valley Lateral Project, and as close as .5 mile in some locations. Individual animals may travel 2.5 miles from documented locations.

SCIENTIFIC NAME FEDERAL LISTINGNY STATE LISTINGCOMMON NAME

Mammals

Myotis sodalis Endangered EndangeredIndiana BatSummer maternity colonies and bachelor colony

11288

This report only includes records from the NY Natural Heritage databases. For most sites, comprehensive field surveys have not been conducted, and we cannot provide a definitive statement as to the presence or absence of all rare or state-listed species. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources.

If any rare plants or animals are documented during site visits, we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database.

Information about many of the listed animals in New York, including habitat, biology, identification, conservation, and management, are available online in Natural Heritage’s Conservation Guides at www.guides.nynhp.org, and from NYSDEC at www.dec.ny.gov/animals/7494.html.

Page 1 of 16/12/2015

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Libby, Nicole

From: Howe, Kathy (PARKS) <[email protected]>Sent: Thursday, May 07, 2015 2:31 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Thank you, Nicole. Looks like your original email got lost somewhere along the line. Thank you for your understanding. Paul Archambault is the survey staff reviewer for this project.

Kathleen A. Howe Survey Unit Coordinator Certified Local Government Representative for Western New York Division for Historic Preservation New York State Parks, Recreation & Historic Preservation Peebles Island State Park, P.O. Box 189, Waterford, NY 12188-0189 518-268-2168 [email protected] www.nysparks.com/shpo From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 07, 2015 2:25 PM To: Howe, Kathy (PARKS) Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification Kathy, Thank you for speaking with me on the phone this afternoon. Attached and below is the FERC pre‐file notification for the CPV Valley Lateral Project. If you could confirm receipt that would be appreciated. I am available at the contact information below if you have any questions or if you have any difficulty opening the attachment. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Libby, Nicole Sent: Thursday, April 30, 2015 1:36 PM To: '[email protected]' Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification

2

Ms. Pierpont, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Carter, Diana (PARKS) <[email protected]>Sent: Tuesday, May 26, 2015 10:47 AMTo: Libby, Nicole; Zimmer, JohnCc: Alworth, Tom (PARKS); Krish, Nathan (PARKS); Martens, Kathleen (PARKS); Bonafide,

John (PARKS); Croll, Christina (ITS); Grimaldi, Joseph (PARKS)Subject: RE: CPV Valley Lateral Project - Information Request

Dear Ms. Libby and Mr. Zimmer, The information you sent to our GIS Manager, Christina Croll, was forwarded to me for review. Thank you for sending the GIS shape files and project information. In your request to Christina Croll you letter indicated that you required the following information: “As part of the FERC NEPA review, it is necessary to identify whether the proposed facilities will cross or be within 0.50-mile of the following sensitive environmental areas: State forests and parks Public recreation areas and trails Scenic roadways, waterways, and protected open space Proposed greenways Land and Water Conservation Fund properties” Based upon my review, this project will have no impact on property under the jurisdiction of OPRHP. There is one municipal park, Shannen Park, operated by the Town of Wawayanda within the ½ mile buffer area of your project. My records show that there have been no LWCF dollars spent at this facility. The 2010 Statewide Trails Plan does not identify any Greenway trails existing or proposed with the ½ mile buffer area of the project. You are required to continue consultation regarding Cultural Resources with the State Historic Preservation Office (SHPO). SHPO review will be handled through the CRIS system. Please contact John Bonafide (cc’d) for the project submission process. For any additional areas on your list please consult the NYS Department of Environmental Conservation, the NYS Department of Transportation and the NYS Office of General Services. If you require any additional information regarding lands under the jurisdiction of OPRHP please feel free to contact me. Regards, Diana _____________________________________________

Diana Carter Director of Planning

2

New York State Parks, Recreation and Historic Preservation Resource and Facility Planning Bureau 625 Broadway, Albany, NY 12238 Phone: (518) 474-8288 | Fax: (518) 474-7013 www.nysparks.com

From: Krish, Nathan (PARKS) Sent: Wednesday, May 20, 2015 8:02 AM To: Carter, Diana (PARKS); Martens, Kathleen (PARKS) Cc: Alworth, Tom (PARKS) Subject: FW: CPV Valley Lateral Project - Information Request FYI. Christina received this email yesterday, I’ve put the attachments in \\oprhp-smb\oprhp_shared\RMG review Files\Energy Reviews\CPV Valley Lateral Nathan

From: Croll, Christina (ITS) Sent: Wednesday, May 20, 2015 7:05 AM To: Krish, Nathan (PARKS) Subject: FW: CPV Valley Lateral Project - Information Request Are you doing anything with this? If so, for you!

From: Libby, Nicole [mailto:[email protected]] Sent: Tuesday, May 19, 2015 2:37 PM To: Croll, Christina (ITS) Subject: CPV Valley Lateral Project ‐ Information Request Ms. Croll, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached information request for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. Project shapefiles are also attached to assist in your review. I am available at the contact information below if you have any problems viewing the attachments, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Zimmer, JohnSent: Monday, May 11, 2015 2:55 PMTo: Libby, NicoleCc: Stoltzfus, Michael; Sara, TimSubject: FW: Millenium - Orange County Pipeline Project

FYI

From: Archambault, Paul (PARKS) [mailto:[email protected]] Sent: Monday, May 11, 2015 9:29 AM To: Zimmer, John Subject: Millenium ‐ Orange County Pipeline Project

Dear Mr. Zimmer, Thank you for your recent pre‐filing review process notification for the pipeline project in Orange County. At this stage of the project, the SHPO has no response. Any future project reviews can be submitted through our Cultural Resource Information System (CRIS). If you have not been notified about this process, you can view the CRIS project submission on YouTube. Please read below. We are now processing all consultation projects through our new all-online system, CRIS (https://cris.parks.ny.gov). I will enter this project in the system, but please use CRIS for all future project submissions. For more information on CRIS and a tutorial, please go to http://www.nysparks.com/shpo/online-tools/. You can submit projects as a guest or, if you frequently submit projects to our office, I recommend that you sign up through NY.gov to get a designated user ID for CRIS which would save you time in that you wouldn’t have to type in your contact information every time you submit a project. One useful pointer for submitting a project in CRIS is to be sure to wait until Step 5 to submit your project documents. Do not upload them under the “Built Resources” section, which is only to be used for photographs and documents related only to the building itself. If you have any further questions, please do not hesitate to contact me. Best, Paul

Paul Archambault Historic Preservation Specialist/Survey & Evaluation Unit

New York State Parks, Recreation & Historic Preservation P. O. Box 189, Peebles Island, Waterford, NY 12188 518-268-2194 [email protected] www.nysparks.com/shpo

1

Libby, Nicole

From: Sims, Ed <[email protected]>Sent: Wednesday, May 20, 2015 2:37 PMTo: Libby, NicoleCc: Ericson, ChristopherSubject: RE: Foil Request: CPV Valley Lateral Project - Information Request

Dear Ms. Libby, We have been able to review our records in reply to your request. Our replies to the 5 requested items are below:

1. We do not have mapping of USEPA, State, or Municipal designated aquifers. Information relative to this matter will need to be obtained from the NYSDEC.

2. We do not have information relative to State or municipal designated aquifer protection areas. 3. Our records indicate that there are no Surface waters that provide public drinking water supplies within ½ mile

of the pipeline. 4. We do not have information on State or municipal designated surface water protection areas. 5. We are unsure of what you are referring to by the term “alignment”, but we will assume that this means the

actual pipeline location unless notified otherwise. We do not have any public water supply wells located within 300 ft. of the pipeline, to the best of our knowledge. Reservoirs are considered Surface water and there are no surface waters that provide public drinking water within ½ mile, as indicated above. Springs are not considered viable drinking water supplies, and we are not aware of any for public drinking water within ½ mile. We do not have any information on private drinking water wells, reservoirs or springs.

Edwin L. Sims, P.E. Acting Director of Environmental Health/ Principal Public Health Engineer Orange County Dept. of Health 124 Main Street Goshen, NY 10924 845‐291‐2331 Main Line 845‐291‐2471 Direct 845‐291‐4078 Fax

From: Libby, Nicole [mailto:[email protected]] Sent: Tuesday, May 19, 2015 3:16 PM To: Sims, Ed Subject: CPV Valley Lateral Project - Information Request Mr. Sims, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached information request for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. Project shapefiles are also attached to assist in your review. I am available at the contact

1

Libby, Nicole

From: Temple University Archaeology <[email protected]>Sent: Monday, May 11, 2015 12:30 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Thank you, Nicole. We will review and contact you with any concerns or questions. Susan Bachor Sent via the Samsung Galaxy Note® 3, an AT&T 4G LTE smartphone -------- Original message -------- From: "Libby, Nicole" <[email protected]> Date: 05/11/2015 9:27 AM (GMT-05:00) To: [email protected] Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification

Dear Sir or Madame,

I am forwarding the attached FERC pre-filing notification for the CPV Valley Lateral Project to your attention per Mr. Brice Obermeyer. I spoke with Mr. Obermeyer on the phone on Friday and he suggested I forward the notification to this email address. If you could confirm receipt that would be appreciated. You also may reach me at the contact information below with any questions.

Thank you,

Nicole Libby

Project Specialist


650 Suffolk Street

Lowell, MA 01854

1

Libby, Nicole

From: Temple University Archaeology <[email protected]>Sent: Friday, May 29, 2015 1:34 PMTo: Libby, Nicole; Zimmer, JohnSubject: CPV Valley Lateral Project - FERC Pre-File Notification

Ms. Libby, Thank you for notifying the Delaware Tribe of the proposed project. We wish to be a consulting party on this project and look forward to receiving a copy of the Phase I report so we may evaluate the project and its’ potential threat to culturally significant resources. If human remains are discovered during the survey, we request that you immediately halt all ground disturbing activities and contact the Delaware Tribe before moving forward with the survey or project construction. Our review fee for pipeline projects is $500 per county, as these projects often span many miles. If you have any questions, feel free to contact me by phone at (610) 761-7452 or by e-mail at [email protected]. Susan Bachor Delaware Tribe Historic Preservation Representative Department of Anthropology Gladfelter Hall, Rm. 207 Temple University 1115 W. Polett Walk Philadelphia, PA 19122 [email protected] This electronic message contains information from the Delaware Tribe of Indians that may be confidential, privileged or proprietary in nature. The information is intended solely for the specific use of the individual or entity to which this is addressed. If you are not the intended recipient of this message, you are notified that any use, distribution, copying, or disclosure of this communication is strictly prohibited. If you received this message in error, please notify the sender then delete this message.

1

Libby, Nicole

From: Ann Bero <[email protected]>Sent: Thursday, May 07, 2015 10:00 AMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Received it

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 07, 2015 9:46 AM To: Ann Bero Subject: FW: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Thank you for speaking with me on the phone this morning. Below and attached is the FERC pre‐file notification letter for the CPV Valley Lateral Project. If you could confirm receipt that would be appreciated. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Libby, Nicole Sent: Thursday, April 30, 2015 1:20 PM To: 'abero@srmt‐nsn.gov' Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Thompson, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist

1

Libby, Nicole

From: Bonney Hartley <[email protected]>Sent: Friday, May 01, 2015 4:16 PMTo: Zimmer, JohnCc: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File NotificationAttachments: CPV Valley Lateral Orange Co NY-Mohican comment.pdf

Dear Mr. Zimmer & Ms. Libby, On behalf of Stockbridge‐Munsee Mohican Nation, attached please find our initial comment letter on the proposed CPV Valley Lateral Project. Thank you, Bonney

Bonney Hartley Tribal Historic Preservation Officer Stockbridge-Munsee Mohican Tribal Historic Preservation New York Office P.O. Box 718 **UPS/FedEx: 400 Broadway #718 Troy NY 12181 (518) 326-8870 office / (518) 888-6641 cell [email protected] www.mohican‐nsn.gov

From: Sherry White Sent: Friday, May 01, 2015 8:54 AM To: Bonney Hartley Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification

From: Jerilyn Johnson Sent: Thursday, April 30, 2015 2:51 PM To: Sherry White Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification FYI

From: Wally Miller Sent: Thursday, April 30, 2015 2:44 PM To: Jerilyn Johnson Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification

2

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:12 PM To: Wally Miller Subject: CPV Valley Lateral Project - FERC Pre-File Notification Mr. Miller, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

Stockbridge-Munsee Tribal Historic Preservation Main Office New York Office

W13447 Camp 14 Rd P.O. Box 718

Bowler, WI 54416 Troy, NY 12181

(518) 326-8870 Email: [email protected]

John Zimmer Pipeline/LNG Market Director TRC Environmental Corporation Wannalancit Mills 650 Suffold St, Suite 200 Lowell, MA 01854

Via e-mail May 1, 2015

RE: Initial comment on Pre-Filing Review Process Notification, Millennium Pipeline Company LLC, CPV Valley Lateral Orange County, NY Dear Mr. Zimmer: We acknowledge receipt of materials providing information on the above-referenced undertaking. The materials were forwarded to me from President Miller’s office in Wisconsin. I am the designated historic preservation representative for our tribe and am based in a satellite office in upstate New York. Please contact me at the address above right or at [email protected] for further communications. On behalf of the Stockbridge-Munsee Community Band of Mohican Indians, I offer the following comments at this time:

We wish to consult on this project under our responsibilities for Section 106, as the

project mapping shows the project is within our cultural area of interest in Orange

County NY. To date, we have not received formal initiation of Section 106 consultation

from the federal agency responsible, FERC. In keeping with the Government-to-

Government approach of Section 106, please be advised that our formal consultation

will be with the FERC project manager when this person is identified. However, we can

accept technical communication that you wish to send for our information.

At this early stage, we wish to communicate our anticipated level of desired

involvement in the project:

1) We ask that we receive a copy of the draft Archeological Testing Protocols prior to

commencement of any archeological field work, for review and comment to ensure

it adequately includes our interests.

2) Similarly, we ask that we receive a copy of the Inadvertent Discovery Protocol prior

to commencement of any archeological fieldwork, also for review and comment in

accordance with our own tribal inadvertent discovery protocol.

3) We may wish to participate in tribal monitoring of archeological fieldwork.

Therefore, we ask that we receive notification at least one week prior to planned

fieldwork of the mapping, date/location/time of the fieldwork so that we may

mailto:[email protected]

Stockbridge-Munsee Tribal Historic Preservation Main Office New York Office

W13447 Camp 14 Rd P.O. Box 718

Bowler, WI 54416 Troy, NY 12181

(518) 326-8870 Email: [email protected]

determine if we wish to participate and can make the arrangements. If safety

training is required in order to be on the premises, we are happy to comply if given

sufficient opportunity to do so.

Thank you and we look forward to working with you. Kind regards,

Bonney Hartley

Tribal Historic Preservation Officer New York Office Cc: Nicole Libby, TRC, via email only


APPENDIX 1D

List of Affected Landowners [Privileged and Confidential, bound separately in Volume III]


APPENDIX 1E Public Participation Plan

Public Participation PlanMillennium Lateral to the CPV Valley Energy Center

April 2015

I. PROJECT OVERVIEW

The Millennium Pipeline Company, L.L.C. (Millennium) has entered into an agreementwith CPV Valley, LLC (CPV) to build a lateral natural gas pipeline (lateral) that willconnect Millennium’s gas mainline to CPV’s new 650 MW power plant in Wawayanda,N.Y. (“Project”).

To ensure that the public is aware of the Project and has opportunities for input,Millennium has developed the following Public Participation Plan that summarizesplanned outreach to key stakeholders in the area as well as the general public.Millennium is committed to adhering to this plan which encompasses early publicnotification and regular communications with all stakeholders.

II. KEY STAKEHOLDERS

Affected landowners

Federal, state, and local governmental officials

Regulatory and permitting agencies

Community groups

News media

III. COMMUNICATIONS STRATEGIES AND TOOLS

Millennium’s outreach efforts are designed to inform, engage, and build relationshipswith all the stakeholders interested in the regulatory review process, from Projectinception and announcement through completion. Millennium will engage withstakeholders and the public early in the Project review process to inform them about thepurpose and need of the Project as well as the process to identify the proposed route,key features of the proposed route, when selected, opportunities for public input, theregulatory process, and the construction and operation processes. Additionally, theoutreach efforts are intended to help identify and address stakeholder concerns aboutthe Project

Millennium will actively focus on engaging stakeholders and the community at-large,using a variety of communication methods.

Millennium plans a broad distribution of informational materials, utilizing direct mail,media outreach, the company’s website, a toll-free information line, local newspaperads, and other local resources.

To carry out this plan, Millennium will do the following:

Conduct face to face meetings with landowners, elected officials and keystakeholders;

Distribute direct mail pieces;

Create collateral materials such as fact sheets, maps and other printed materialsthat will be made available to the public in a variety of places;

Create a dedicated section on the Millennium web site(http://www.millenniumpipeline.com/index.html) that contains important publicinformation and provides the opportunity for the public to provide feedbackdirectly to Millennium;

Create a repository of informational material at the Wawayanda Town Hall;

Set up a local phone number for the public to call;

Set up an email address for Project comments and questions; and

Host an open house meeting in the Project area that will give interested partiesaccess to information and the opportunity to discuss the Project with Millenniumrepresentatives.

IV. DIRECT MAIL

Within fourteen days after the Federal Energy Regulatory Commission’s issuance of thenotice approving the use of the pre-filing process, Millennium will initiate a direct mailingto all stakeholders, including federal and state agencies, elected officials and potentiallyaffected landowners. The mailer will provide an overview of the Project, including aproposed schedule, the route evaluation process, and specifics on the preferredlocation of the lateral, if known at that time.

V. INFORMATIONAL OPEN HOUSE

Millennium will hold a public open house to introduce the Project to the community. Theformat will be structured around information stations, complete with displays andphotographs. While there will not be a formal question and answer session, communitymembers and other interested stakeholders will be able to speak with, and askquestions of, company representatives and Millennium’s contractors to learn about thevarious aspects of the Project such as potential environmental impacts, constructionprocesses, Project equipment and other pertinent facts.

The meeting will be held in an accessible public location in Wawayanda. Fact sheets,maps and other collateral materials will be available for people to take home.

Millennium will publicize the open house by:

Issuing a press release to local media

Placing advertisements in local newspapers; and

Sending direct mail.

VI. INFORMATION REPOSITORIES

In an effort to make information about the Project available in readily accessible publicvenues, material about the Project will be available for review by local residents at theWawayanda Town Hall.

VII. TOLL-FREE AND LOCAL INFORMATION LINES

Millennium will establish a dedicated, direct local line 845-645-1176 and toll free line877-745-5615 where stakeholders can share concerns about the Project. In addition, forgeneral company or pipeline inquiries, Millennium maintains a toll-free phone line at(877) 213-1944.

VIII. WEB PRESENCE

MPC will update the Millennium website (www.millenniumpipeline.com) and use it tocommunicate with the public as well. As the Project moves through the various stagesof development, MPC plans to add the following details on the Project to the site:

A proposed route map;

Expected timeline with key dates;

Facts and bullets on the benefits of the Project;

Contact information for Millennium; and

Links to the sites of places such as the CPV Valley Energy Center, regulatoryagencies, and other important sites.

IX. GOVERNMENT RELATIONS

To assist state and local officials in understanding the Project objectives and to providethem with the support they need to respond to constituent inquiries, Millennium will be:

Conducting introductory briefings;

Providing regular updates; and

Inviting officials to attend sponsored events such as the Informational OpenHouse.

X. SINGLE POINT OF CONTACT

Michael Armiak will serve as the primary contact for the public regarding the Project andcan be reached by phone at 845-645-1176. He can also be reached by email [email protected].

XI. INFORMATION REQUESTS FROM FEDERAL & STATE PERMITTINGAGENCIES

Millennium will respond in a timely manner to information requests from federal andstate permitting agencies through its environmental consultants or other designatedrepresentatives.


APPENDIX 1F CPV Valley Energy Center

New York State Public Service Commission Approval

STATE OF NEW YORK

PUBLIC SERVICE COMMISSION

At a session of the Public Service

Commission held in the City of

Albany on May 8, 2014

COMMISSIONERS PRESENT:

Audrey Zibelman, Chair

Patricia L. Acampora

Garry A. Brown

Gregg C. Sayre

Diane X. Burman

CASE 10–E-0501 - Petition of CPV Valley, LLC for a Certificate

of Public Convenience and Necessity Pursuant to

Section 68 of the Public Service Law, Approval

of Financing Pursuant to Section 69 and for

Approval of a Lightened Regulatory Regime.

ORDER GRANTING CERTIFICATE OF

PUBLIC CONVENIENCE AND NECESSITY,

AUTHORIZING LIGHTENED RATEMAKING REGULATION,

AND APPROVING FINANCING

(Issued and Effective May 9, 2014)

BY THE COMMISSION:

INTRODUCTION

CPV Valley, LLC (CPV Valley) proposes to construct and

operate a natural gas-fired, combined-cycle electric generating

facility with a nominal rating of 630 MW, located in the Town of

Wawayanda, Orange County (Project). On October 14, 2010, CPV

Valley filed a petition with the Commission requesting: 1) a

Certificate of Public Convenience and Necessity (CPCN) pursuant

to Public Service Law (PSL) §68; 2) approval of a lightened

regulatory regime; and, 3) approval of financing pursuant to PSL

§69 (Petition). Along with its request for a CPCN, CPV Valley

filed a motion requesting an expedited proceeding pursuant to 16

NYCRR §21.10 (Motion), so that the hearing required by PSL §68

may be held before the Commission on the Petition and any

CASE 10-E-0501

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information filed by the parties, without oral testimony. In

this order the Commission grants a CPCN with conditions,

authorizes lightened ratemaking regulation, and approves the

proposed financing with respect to the Project. In addition,

the Commission denies the Motion, having held a Public Statement

Hearing to receive comments.

THE PETITION

The Petition filed by CPV Valley on October 14, 2010

was supplemented in filings made on the following dates: 1)

November 1, 2010 (providing Affidavits of Service and

Publication with respect to the Petition); 2) March 26, 2012

(providing a copy of the Final Environmental Impact Statement);

3) October 11, 2013 (providing the necessary municipal consents

as part of an Effluent Water Supply and Process Water Discharge

Services Agreement with the City of Middletown); 4) November 19,

2013 (providing updates regarding required permits and

approvals, and clarifying the MW nameplate capacity for the

Project); 5) April 8, 2014 (providing information with respect

to seismic conditions); 6) April 9, 2014 (providing Affidavits

of Service and Publication with respect to the Public Statement

Hearing and Procedural Conference); and, 7) April 10, 2014

(providing the CPV Valley company agreement and certificates of

good standing).

The Petitioner

CPV Valley is a limited liability company organized

under the laws of the state of Delaware. CPV Valley is a

wholly-owned subsidiary of CPV Power Development, Inc., which is

a wholly-owned subsidiary of Competitive Power Venture Holdings,

LLC (CPV Holdings). CPV Holdings is developing approximately

5,000 MW of natural gas generation projects, while it manages

approximately 6,100 MW of natural gas generation assets. CPV

CASE 10-E-0501

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Holdings is also developing approximately 5,000 MW of wind

projects.

Proposed Project

The Petition describes the Project, referred to as the

CPV Valley Energy Center, as a natural gas combined-cycle

generating facility with a nominal rating of 630 MW, and a

maximum summer rating of 656 MW at 85 degrees Fahrenheit.

Approximately 373 MW of this power would be produced using two F

Class gas combustion turbines (Siemen’s SGT6-5000F), while a

Heat Recovery Steam Generator (Siemen’s KN8.7) with natural gas

duct burners would provide approximately 304 MW of additional

power. CPV Valley estimates approximately 21 MW will be used

for station power use, which would result in a net peak summer

electric output of 656 MW. CPV Valley indicates that the

Project will have a nameplate generating capacity of 820 MW,

using two gas combustion turbines rated at 235 MW, and one heat

recovery steam turbine generator rated at 350 MW. The primary

fuel would be natural gas, with ultra-low sulfur distillate oil

serving as a back-up fuel. The use of oil would be limited to

720 hours per year, per turbine.

The Project would employ emissions control technology,

including a Selective Catalytic Reduction technology to control

nitrogen oxides and an oxidation catalyst to control carbon

monoxide emissions. Air-cooled condensing would be used to

minimize water use and avoid visual impacts associated with

potential cooling plumes.

The CPV Valley Energy Center would be constructed on

approximately 22 acres of a 122 acre privately owned land

parcel. In connection with the generating facility, CPV Valley

plans to construct a gas lateral for its fuel supply, an

approximately one mile electrical interconnection with the New

York Power Authority’s existing 345 kV transmission system, a

CASE 10-E-0501

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process water pipeline to supply treated grey water from the

City of Middletown Wastewater Treatment Facility (WWTF), a

pipeline for discharged process water back to the WWTF, an

interconnection with the municipal water system along Route 6

for potable water, and a sewage interconnection. Underground

electric cables would be located along the eastern edge of the

Project site, and within the New York State Department of

Transportation Route 17M right-of-way, and interconnect with a

new substation adjacent to the New York Power Authority’s Marcy

South transmission line. Final locations for the Facility

utilities described above are subject to pending approvals.

CPV Valley plans to undertake construction on a

continuous cycle over 31 months. The Project is estimated to

create upwards of 660 jobs during construction. Approximately

25 operations and maintenance personnel would be employed once

the Project is operational.

CPV Valley indicates that the electrical output from

the Project will be sold exclusively into the wholesale markets

administered by the New York Independent System Operator, Inc.

or neighboring control areas, and will not be sold at retail.

CPV Valley anticipates the wholesale sales will be made pursuant

to the wholesale spot markets, power purchase agreements, or

financial hedge contracts.

The Project’s construction and operation would be

funded through a combination of debt and equity, with CPV

Holdings retaining an ownership position and management

responsibility. The total financing for the Project is expected

to be $680 million. CPV Valley intends to enter into a

sale/leaseback arrangement with the Orange County Industrial

Development Agency. The Petition asserts that CPV Valley and

its affiliates will bear all the financial risk associated with

the financing arrangements. CPV Valley requests authorization

CASE 10-E-0501

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to substitute financing entities and charge payment terms and

amounts of financing without Commission approval, so long as the

total financing is less than or equal to $680 million.

SUMMARY OF PUBLIC COMMENTS

Notice of the Petition and Motion was published by CPV

Valley in The Times Herald-Record, a newspaper of general

circulation in the vicinity of the Project, on October 18, 2010.

No public comments were received within the ten-day comment

period prescribed under the Commission’s regulations at 16 NYCRR

Part 21.10(b)(2). In addition, in conformance with the State

Administrative Procedure Act (SAPA), notice of the rulemaking

issues under consideration here was published in the State

Register on November 24, 2010 [SAPA 10-E-0501SP1]. No public

comments were received within the minimum 45-day comment period

established pursuant to SAPA.

On February 13, 2014, a notice was issued by the

Commission indicating that a Public Statement Hearing and

Procedural Conference would be held on February 25, 2014, with

regard to CPV Valley’s request for a CPCN.1 Notice of the Public

Statement Hearing and Procedural Conference was also published

by CPV Valley in The Times Herald-Record on February 20, 2014.

On February 25, 2014, Administrative Law Judge (ALJ) Paul

Agresta conducted a Public Statement Hearing and Procedural

Conference in Middletown, NY. Approximately 50 people spoke at

the public statement hearing. In response to requests to extend

the public comment period, ALJ Paul Agresta issued a ruling

dated February 26, 2014, which extended the deadline for

1 A Public Statement Hearing and Procedural Conference was

previously scheduled and subject to public notice for

February 13, 2014, but was cancelled due to inclement weather.

CASE 10-E-0501

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comments until March 5, 2014. Approximately 190 written

comments were received.

Comments were filed indicating both support and

opposition for the Project. Supporters primarily included local

government officials, union representatives, and the various

local Industrial Development Authorities or Agencies (IDAs).

The supporters generally noted that the Project would be good

for the local economy and would result in job creation. The

IDAs stated that they worked side-by-side to develop a Payment-

In-Lieu-Of-Taxes program with CPV Valley, and they are

supportive of the Project being sited in the area.

The Town of Wawayanda (Town) noted that the proposed

project was known in 2008, and since that time the Town has

completed a comprehensive review costing hundreds of thousands

of dollars. Further, it was indicated that the Project has

received all necessary approvals from both the Town and the City

of Middletown. Following on this theme, Orange County officials

stated that because all local approvals and authorizations have

been received there is no reason why the Project should not go

forward at this late stage. The Orange County Chamber of

Commerce noted that CPV Valley properly completed its due

diligence and obtained all necessary local permits and urged the

Commission to grant a Certificate.

Local business representatives also stated their

support and noted that CPV Valley made a significant effort to

notify the public about its plans. These entities maintain that

natural gas is a clean burning fuel and that Project benefits

would include future opportunities for local service suppliers.

Generally, objections with the proposed Project

included the need for siting a major generating facility in the

region, and concerns regarding the environment, health, and

safety. Concerns were also raised with property value impacts

CASE 10-E-0501

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on the surrounding community, and the adequacy of public notice

concerning the Project. Approximately one thousand people

signed two petitions in opposition to the Project.

Many residents objected to the Project, stating that

they did not believe that additional electric generation

capacity is necessary. A representative for the Sierra Club

stated that according to New York Independent System Operator,

Inc. (NYISO) reports there is enough generating capacity until

2020, and suggested that transmission system upgrades to deliver

the proposed facility output to the downstate area would be

expensive and the interconnection may cause congestion on the

Marcy South line. Commenters also alleged that New York State

currently has excess electric power generation capacity and only

utilizes approximately 41% of existing generation capacity.

They identified the NYISO Power Trends 2013 Report and referred

to the New York State Energy Plan to support their allegation

that there is no current or anticipated shortage of electrical

power supply in the State. They claimed that while the price

downstate consumers pay for electricity is comparatively high to

other parts of the State, they believe there is no need for the

electricity CPV Valley plans to generate.

Several speakers suggested that renewable energy

development in the region is more appropriate than development

of additional fossil-fueled generation. They claim that the

Project will increase the level of greenhouse gasses in the

environment and that the Commission should instead seek to build

renewable energy supplies from wind, solar, and hydro power.

There were also concerns raised about facility operational

impacts, including noise, and that natural gas is not a clean

burning fuel and contributes to smog and climate change.

Further, concerns were expressed about pollutants contaminating

the air and water in the area. For example, some argue that the

CASE 10-E-0501

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Project will increase greenhouse gas emissions leading to more

severe climate events, such as with Hurricane Sandy, and that

the Project would emit 2.2 million metric tons of CO2 annually

and release large amounts of methane into the air.

According to some commenters, a recent report by the

International Panel on Climate Change states that methane is 34

times more potent as a greenhouse gas than CO2 over a 100-year

period and 86 times more potent over a 20-year period. This is

higher than formerly reported in Cornell University's study by

Robert Howarth, et al., which reported that methane was 72 times

more potent than CO2 over a 20-year period. Moreover, it was

claimed that because gas infrastructure leaks large amounts of

methane into the air and the total leakage exceeds 3.2%, natural

gas becomes worse for the climate than coal. This Project, it

is asserted, would likely result in even greater leakage rates

because power plants and compressor stations have large numbers

of valves which are known to leak excessively, especially during

cold temperatures.

Many comments expressed opposition to the hydraulic

fracturing process being used to develop additional natural gas

reserves that would allegedly be used to power the generating

facility. Concerns were expressed about potential chemical

spills or explosions, and the capability of local emergency

responders was questioned.

Some commenters raised concerns over potential natural

disasters including earthquakes, flooding, and extreme heat.

One local resident noted that the Project site is located on a

fault line and on an Indian burial ground. The Ramapough Lenape

Nation indicated that it is monitoring the Tennessee pipeline in

New Jersey at the pipeline’s cost and seeks a similar

arrangement here.

http://www.energyjustice.net/files/naturalgas/2012alvarez.pdf

http://www.energyjustice.net/files/naturalgas/2012alvarez.pdf

CASE 10-E-0501

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Other commenters submit that construction has already

begun for this Project prior to the Commission’s approval and

noted that certain site work has already progressed, including

felling several large trees in the direct path proposed for the

underground electric cables for this Project. Many of these

same trees were identified as roosting sites for the endangered

species, the Indiana Bat. These individuals noted that PSL §68

specifies that no construction is to begin until permission and

approval is granted by the Commission. Furthermore, in areas

known to be inhabited by the Indiana Bat, such as the Project

site, a permit from the United States Fish and Wildlife Service

is required to cut down trees greater than five inches in

diameter. Many of the trees that were cut span over four feet

in diameter. Moreover, requests were made that all permits and

approvals required by agencies should be obtained before any

tree clearing is allowed to begin.

In line with these environmental comments, several

commenters stated that the State Environmental Quality Review

Act (SEQRA) review was insufficient and request that the Project

be evaluated through a supplemental Environmental Impact

Statement (EIS). In particular, Senator Avella notes that the

SEQRA EIS failed to address all environmental concerns, is

seriously deficient, and that litigation remains pending with

regard to the NYS Department of Environmental Conservation air

permit. The EIS did not, according to Senator Avella, evaluate

the market price and supply impacts that surplus upstate

electricity, which can be transferred into the lower Hudson

Valley, will have on ratepayer costs and on CPV Valley’s

production.

Moreover, commenters argue that the impacted

electricity that is imported into the region from the PJM

Regional Transmission Organization system and from Canada via

CASE 10-E-0501

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the traditional grid was completely ignored and must be

evaluated to determine its impact on the market share and

necessity for CPV Valley. It is suggested that the Champlain

Hudson Power Express submarine cable from Canada to New York

City, which is in the final stages of the approval process, will

also impact CPV Valley's sales, as will other proposed projects

such as that presented by Boundless Energy, Inc. (Boundless).

Commenters argue that Boundless provides one of the least

expensive, least intrusive, and technologically advanced

solutions to address upstate transmission congestion.

In addition, commenters state that the Commission,

through its Alternating Current Transmission Upgrade initiative

(Case 13-E-0488), knows that system-wide efficiencies and

improved access to surplus power due to grid upgrades and new

transmission technology will reduce the need for traditional

power plant generation in general and will preclude the need for

the electricity to be generated by CPV. These major new energy

developments, commenters submit, occurred while the EIS was

completed and were excluded from consideration, but are critical

to CPV Valley's Petition and must thoroughly be evaluated by

means of a Supplemental EIS.

Some local residents noted that the Minisink

Compressor Station is already interfering with their normal

activities. One woman stated that she can’t go outside and farm

her land anymore because the compressor station makes her

physically sick. This was confirmed by another person who filed

comments. They believe it will get worse when the proposed

plant is operational and emits alleged toxins.

Some residents stated that they were angry that the

plant will now be over 800 MWs, as opposed to the approved 630

MWs. Because of this, residents believe that the air permit

CASE 10-E-0501

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should be re-evaluated. They believe that there will be more

emissions as a result of this “increase” in generating capacity.

Many commenters stated that the plant should not be

sited on the selected lot. They claim the area is zoned

agricultural/residential and includes a wetland. A few

residents raised concern over the proximity of the plant to the

local school (within 5 miles of the school). Many residents

noted that according to local law, nothing is supposed to be

built within 100 feet of any cemeteries in town.

Other local residents stated that their property

values would decrease. Moreover, many opponents commented that

the proposed project is dependent on ratepayer and taxpayer

subsidies. According to many commenters, these subsidies are

not appropriate and will burden taxpayers and ratepayers in

Orange County and beyond. It was additionally noted that the

Federal Energy Regulatory Commission has created a New Capacity

Zone (NCZ) which will increase electricity bills. According to

Hudson River Sloop Clearwater, Inc., adding the proposed

construction costs of the project, IDA incentives and cost

increases of the proposed NCZ, will result in severe financial

impacts on residents and businesses, especially those on the

margin or living in poverty. In its opinion, it is unfair to

require the public to bear these costs along with the

environmental and health risks associated with the Project. In

addition, many opponents believe that since demand for

electricity from power plants has declined, CPV Valley will only

succeed at the expense of existing power plants, such as Athens

Generating Plant, and will compete with the repowered Roseton

and Bowline and the new Cricket Valley Energy Center.

Finally, several residents complained that they did

not receive proper notification regarding the Project and only

recently learned about it. They requested an additional 30-day

CASE 10-E-0501

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comment period for residents who just heard about the Project to

learn about the issues and provide meaningful input. There were

further requests for additional hearings. Certain residents

asked for party status and requested an "issues hearing" or

technical conference to provide an opportunity to raise specific

issues and to receive answers, including all Project

ramifications.

DISCUSSION

Procedural Matters

Expedited Proceeding

CPV Valley moved for an expedited proceeding under 16

NYCRR § 21.10, so that the hearing required by PSL §68 may be

held before the Commission on the Petition and any information

filed by the parties, without oral testimony. As noted above,

notice of CPV Valley’s Petition and motion for an expedited

proceeding was published by CPV Valley in The Times Herald-

Record, a newspaper of general circulation in the vicinity of

the Project, on October 18, 2010. Although no public comments

were received within the ten-day comment period prescribed under

our regulations, the Commission held a Public Statement Hearing

and Procedural Conference in Middletown, NY on February 25,

2014, in order to receive oral comments. Accordingly, CPV

Valley’s motion for an expedited proceeding is denied.

Request for Party Status and Evidentiary Hearing

On March 6, 2014, Pramilla Malick requested an

evidentiary hearing with respect to alleged tree clearings on

the Project site and other matters related to the SEQRA review

process. On April 7, 2014, Ms. Malick submitted a request for

party status in this proceeding.

On April 15, 2014, CPV Valley responded to Ms.

Malick’s request for party status, arguing that the request

CASE 10-E-0501

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should be denied. CPV Valley maintained that Ms. Malick failed

to make a timely request for party status, to serve the request

on the parties,2 or to provide information that was likely to

contribute to the development of a complete record. CPV Valley

further asserted that Ms. Malick would not be impacted by the

Project because she lives outside the area where the modeled

concentrations of NO2 will be in excess of background levels.

DPS Staff conducted an investigation with regard to

the alleged tree clearings and determined that they occurred on

a different parcel of land from the proposed Project site and

are not associated with the development of the Project. We find

that Ms. Malick has failed to provide information that warrants

an evidentiary hearing. All of the issues she raised relate to

the SEQRA review process, which is not an evidentiary hearing

process, and her substantive comments in that regard will be

included in the record of this proceeding. Party status is not

necessary for the submission of comments, and therefore there is

no need for us to act on her request for party status.

Accordingly, Ms. Malick’s request for an evidentiary hearing is

denied.

Ms. Malick also filed a request on May 6, 2014,

seeking an issues conference with respect to alleged "new

information not presented during the SEQRA review." CPV Valley

responded in opposition to this request on May 7, 2014, noting

that the request is untimely and raises issues that have already

been addressed, or that are irrelevant or beyond the scope of

this proceeding. Ms. Malick further responded to CPV Valley's

opposition by reiterating her SEQRA-related issues and concerns

with the use of fracked gas. For the same reasons we deny Ms.

2 The ALJ transmitted the request for party status to CPV Valley

and Department of Public Service Staff (DPS Staff).

CASE 10-E-0501

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Malick's request for an evidentiary hearing, we also deny her

request for an issues conference. Ms. Malick raises issues that

have already been addressed or that are beyond the scope of this

proceeding, and has thus failed to provide information

warranting an issues conference. Moreover, we find her request

is untimely and is therefore denied.

Public Convenience and Necessity

PSL §68 requires an electric corporation to obtain a

CPCN prior to the construction of gas or electric plant. We are

authorized to grant a CPCN to an electric corporation pursuant

to PSL §68, after due hearing and upon a determination that

construction of the electric plant is necessary and convenient

for the public service. In this regard, our rules establish

pertinent evidentiary requirements for a CPCN application. They

require a description of the plant to be constructed, the manner

in which the costs of the plant would be financed, evidence that

the proposed plant is in the public interest and is economically

feasible, and proof that the applicant is able to finance the

project and render adequate service.3 In addition, a petitioner

must certify that it is authorized to provide electric service

and document that it has obtained all necessary municipal

consents.

CPV Valley has met the requirements of PSL §68. CPV

Valley has provided thorough information describing the Project.

The various aspects of the Project design are described above

3 16 NYCRR §21.3. Where an electric corporation requires the

consent of a municipal authority, a verified statement that

the corporation has received such consent must be provided

before we may issue a CPCN.

CASE 10-E-0501

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and included in the record.4 CPV Valley also describes its

proposed financing arrangement for the Project as including a

combination of debt and private equity. Total financing for

construction and operation of the Project is expected to be

approximately $680 million. CPV Valley proposes to enter into a

sale/leaseback arrangement with the Orange County Industrial

Development Authority as part of its financing arrangement.

While CPV Valley seeks flexibility to substitute financing

entities, as discussed below, it notes that CPV Holdings

receives equity funding from Warburg Pincus, a well recognized

private equity investor. We anticipate these factors, along

with the Project’s efficiency and proposed points of

interconnection with electric and gas facilities, will assist in

ensuring the Project is economically feasible.

Further, the Petition describes the manner in which

the Project would be consistent with the 2009 New York State

Energy Plan and advance the public interest. In particular, the

Project would further various objectives identified in the most

recent final State Energy Plan, such as assuring a reliable

energy system, improving the State’s energy independence by

developing in-state energy supply resources, addressing

affordability concerns caused by rising energy bills, and

improving the State’s economic competitiveness. The Project

would incorporate high-efficiency combined-cycle technology, and

is expected to enhance electric system reliability by adding a

new generation resource and increasing fuel diversity in the

region and providing congestion relief. Given these anticipated

benefits, we reject the suggestions raised by certain commenters

4 The record in this case consists of the Petition, as

supplemented, documents filed in the proceeding, and comments

submitted in writing and provided orally, as included in the

transcript of the Public Statement Hearing.

CASE 10-E-0501

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that surplus generation exists in the upstate region and that

the Project is not needed.

The Project would also provide positive economic

benefits through job growth and increased local revenues. CPV

Valley estimates the Project would provide an average of $2.35

million in annual revenues to the Town of Wawayanda, the local

school and fire district, and Orange County.

The Petition also articulates the basis by which the

Project would provide safe and adequate service. CPV Valley has

committed to incorporate, and implement as appropriate,

standards and measures for engineering design, construction, and

operation. Any impacts on the electric system would be

addressed through the NYISO’s interconnection process.

Procedures for emergency response and facility maintenance would

also be established.

CPV Valley has also demonstrated that it is authorized

to provide electric service as a duly incorporated entity in

good standing under the laws of Delaware and certified by the

New York Department of State to do business in the State. CPV

Valley’s company agreement provides that the purposes of the

limited liability company is to

develop, design, construct, own, operate, maintain,

and/or sell a natural gas-fired electric generation

facility to be located in the State of New York (the

“Project”), (ii) manage the Project’s development,

design, equipment supply, construction, ownership,

operation, maintenance and/or sale opportunities, and

(iii) engage in all activities related or incidental

thereto.

CPV Valley has obtained the requisite municipal

consent from the City of Middletown (City). The Project is

designed to use effluent from the City’s Wastewater Treatment

Facility (WWTF) for process water, and to discharge that water

back to the WWTF for disposal. The water supply and return

CASE 10-E-0501

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lines would need to be constructed on property owned by the

City. Pursuant to Section 25-4 of the City Code, the City may

lease, sell, or franchise any of its property through a vote by

a majority of the Common Council authorizing the Mayor to sign

legal documents necessary to implementing such actions. On

September 17, 2013, the City Common Council voted unanimously to

authorize the Mayor to sign an agreement with CPV Valley for

providing treated effluent from the WWTF. On October 11, 2013,

CPV Valley filed a copy of an agreement, signed by the Mayor,

authorizing CPV Valley to construct the pipelines and related

facilities necessary to deliver treated effluent and process

water, and to discharge the rejected effluent.

We conclude, based upon a thorough review of the

record developed here, that the Project has met the requirements

of PSL §68 and that the construction and operation of the

Project is necessary and convenient for the public service.

Accordingly, we grant CPV Valley a CPCN along with appropriate

conditions to ensure safe, reliable, and adequate service. For

example, the certificate conditions included within this order

require CPV Valley to submit all final approvals, consents, and

design plans prior to installation of any utilities associated

with the Project.

Lightened Regulation

CPV Valley seeks an order approving a lightened

regulatory regime whereby limited provisions of the PSL will be

applied to CPV Valley, consistent with previous Commission

orders involving Exempt Wholesale Generators (EWGs). We find

that CPV Valley may be lightly regulated in its ownership of the

Project because it would provide electric service from the

facility on a wholesale basis, as a participant in organized

wholesale electric markets. The lightened regulatory regime

that CPV valley requests be applied to its wholesale electric

CASE 10-E-0501

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operation in New York is similar to that afforded to other

wholesale generators participating in competitive electric

markets. Its petition is therefore granted, to the extent

discussed below.

In interpreting the PSL, we have examined what reading

best carries out the statutory intent and advances the public

interest. Consequently, in the Carr Street and Wallkill Orders,

it was concluded that new forms of electric service providers

participating in competitive wholesale markets would be lightly

regulated.5 Under this approach, PSL Article 1 applies to CPV

Valley, because it meets the definition of an electric

corporation under PSL §2(13) and is engaged in the manufacture

of electricity under PSL §5(1)(b). It is therefore subject to

provisions, such as PSL §§11, 19, 24, 25 and 26, that prevent

producers of electricity from taking actions that are contrary

to the public interest.6

All of Article 2 is restricted by its terms to the

provision of service to retail residential customers, and so is

inapplicable to wholesale generators like CPV Valley. Certain

5 Case 98-E-1670, Carr Street Generation Station, L.P., Order

Providing for Lightened Regulation (issued April 23, 1999)

(Carr Street Order); Case 91-E-0350, Wallkill Generating

Company, Order Establishing Regulatory Regime (issued April

11, 1994)(Wallkill Order).

6 The PSL §18-a assessment is imposed on PSL-jurisdictional

gross intrastate revenues; so long as CPV Valley sells

exclusively at wholesale, there are no PSL-jurisdictional

revenues and no assessment is collected.

CASE 10-E-0501

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provisions of Article 4 are also inapplicable because they are

restricted to retail service.7

The Commission decided in the Carr Street and Wallkill

Orders to apply the remaining provisions of Article 4 to

wholesale generators.8 Application of these provisions is deemed

necessary to protect the public interest. We have interpreted

the Article 4 provisions in a fashion that limits their impact

on the operation of competitive electric markets. Under PSL

§66(6), wholesale generators satisfy Annual Report filing

requirements through a format designed to accommodate their

particular circumstances.9 Filings required under other

provisions of Article 4 are reviewed with the scrutiny

commensurate to the level the public interest requires. This

analysis of Article 4 adheres to CPV Valley.

Regarding PSL §69, prompt regulatory action is

possible through reliance on representations concerning proposed

financing transactions. Additional scrutiny is not required to

protect captive New York ratepayers, who cannot be harmed by the

terms arrived at for these financings because lightly-regulated

7 See, e.g., PSL §§66(12) (optional tariff filings); §66(21)

(retail electric corporation storm plans); §67 (inspection of

meters); §72 (hearings and rate proceedings); §72-a (reporting

increased fuel costs); §75 (excessive charges); and, §76

(rates charged religious bodies).

8 PSL §68 provides for certification of the construction of new

plant or the retailing of electricity to customers via direct

interconnections. PSL §69, §69-a and §70 provide for the

review of securities issuances, reorganizations, and transfers

of securities or works or systems.

9 Case 11-M-0295, Annual Reporting Requirements, Order Adopting

Annual Reporting Requirements Under Lightened Ratemaking

Regulation (issued January 23, 2013).

CASE 10-E-0501

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participants in competitive markets bear the financial risk

associated with their financial arrangements.10

Regarding PSL §70, it was presumed in the Carr Street

and Wallkill Orders that regulation would not “adhere to

transfer of ownership interests in entities upstream from the

parents of a New York competitive electric generation

subsidiary, unless there is a potential for harm to the

interests of captive utility ratepayers sufficient to override

the presumption.”11 In those Orders, however, wholesale

generators were also advised that the potential for the exercise

of market power arising out of an upstream transfer would be

sufficient to defeat the presumption and trigger PSL §70 review.

CPV Valley may avail itself of this presumption. Under PSL

§§66(9) and (10), we may require access to records sufficient to

ascertain whether the presumption remains valid.

Turning to PSL Article 6, several of its provisions

adhere only to the rendition of retail service. These

provisions do not pertain to CPV Valley because it is engaged

solely in the generation of electricity for wholesale.12

Moreover, application of PSL §115, on requirements for the

competitive bidding of utility purchases, is discretionary and

will not be imposed on wholesale generators. In contrast, PSL

§119-b, on the protection of underground facilities from damage

10 See, e.g., Case 10-E-0405, NRG Energy, Inc., Order Approving

Financing (issued November 18, 2010); Case 01-E-0816, Athens

Generating Company, L.P., Order Authorizing Issuance of Debt

(issued July 30, 2001).

11 Carr Street Order, p. 8; Wallkill Order, p. 9.

12 See, e.g., PSL §112 (rate order enforcement); §113

(reparations and refunds); §114 (temporary rates); §114-a

(lobbying costs in rates); §117 (consumer deposits); §118

(bill payments via an agency); §119-a (use of utility poles

and conduits); and §119-c (tax benefits in rates).

CASE 10-E-0501

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by excavators, adheres to all persons, including wholesale

generators.

The remaining provisions of Article 6 need not be

imposed generally on wholesale generators.13 These provisions

were intended to prevent financial manipulation or unwise

financial decisions that could adversely impact rates charged by

monopoly providers. In comparison, so long as the wholesale

generation market is effectively competitive, or market

mitigation measures yield prices aligned with competitive

outcomes, wholesale generators cannot raise prices even if their

costs rise due to poor management. Moreover, imposing these

requirements could interfere with wholesale generators' plans

for structuring the financing and ownership of their facilities.

This could discourage entry into the wholesale market, or

introduce inefficiencies into the operation of that market, to

the detriment of the public interest.

As discussed in the Carr Street Order, however, market

power issues may be addressed under PSL §§110(1) and (2), which

afford us jurisdiction over affiliated interests. CPV Valley

has not reported any affiliation with a power marketer,

foreclosing that avenue to the exercise of market power.

Consequently, we impose the requirements of §§ 110(1) and (2) on

CPV Valley only conditionally, to the extent a future inquiry

into its relationships with an affiliate becomes necessary.

Finally, notwithstanding that it is lightly regulated,

CPV Valley is reminded that it and any other entities that

exercise control over the operations of the CPV Valley facility

13 These requirements include approval of: loans under §106; the

use of utility revenues for non-utility purposes under §107;

corporate merger and dissolution certificates under §108;

contracts between affiliated interests under §110(3); and,

water, gas and electric purchase contracts under §110(4).

CASE 10-E-0501

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remain subject to the Public Service Law with respect to matters

such as enforcement, investigation, safety, reliability, and

system improvement, and the other requirements of PSL Articles 1

and 4, to the extent discussed above and in previous orders.14

Included among these requirements are the obligations to conduct

tests for stray voltage on all publicly accessible electric

facilities,15 to give notice of generation unit retirements,

16 and

to report personal injury accidents pursuant to 16 NYCRR Part

125.

Financing

Approval of CPV Valley’s financing plans is

appropriate under lightened regulation. The scrutiny applicable

to monopoly utilities may be reduced for lightly-regulated

companies like CPV Valley that operate in a competitive

environment. As a result, we need not make an in-depth analysis

of the proposed financing transactions. Instead, by relying on

the representations that CPV Valley makes in the Petition,

prompt regulatory action is possible.

The proposed $680 million in financing would be for a

statutory purpose and be consistent with the public interest.

CPV Valley’s proposed financing is therefore approved up to a

maximum amount of $680 million. Given that CPV Valley will be

14 See, e.g., Case 07-M-0906, Iberdrola, S.A., Order Approving

Transfer, Providing For Lightened Ratemaking Regulation,

Establishing Rate Treatment and Making Other Findings (issued

October 18, 2013).

15 Case 04-M-0159, Safety of Electric Transmission and

Distribution Systems, Order Instituting Safety Standards

(issued January 5, 2005) and Order on Petitions for Rehearing

and Waiver (issued July 21, 2005).

16 Case 05-E-0889, Generation Unit Retirement Policies, Order

Adopting Notice Requirements for Generation Unit Retirements

(issued December 20, 2005).

CASE 10-E-0501

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regulated lightly, as discussed above, it is afforded the

flexibility to modify, without our prior approval, the identity

of the financing entities, payment terms, and the amount

financed, so long as it does not exceed the maximum amount

stated above.17 Affording CPV Valley this financing flexibility

avoids disruption of its financing arrangements and enables it

to operate more effectively in competitive wholesale electric

markets. Additional scrutiny is not required to protect captive

New York ratepayers, who cannot be harmed by the terms arrived

at for this financing because CPV Valley will bear the financial

risk associated with its financial arrangements.

Environmental Quality Review

The purpose of SEQRA is to incorporate consideration

of environmental factors into the existing planning, review and

decision-making processes of State, regional and local

government agencies at the earliest possible time. To

accomplish this goal, SEQRA requires that agencies determine

whether the actions they are requested to approve may have a

significant impact on the environment. If it is determined that

an action may have a significant adverse impact, an

Environmental Impact Statement (EIS) must be prepared.

Where an EIS is prepared, the Lead Agency and each

other Involved Agency must adopt a formal set of written

findings based on the Final EIS (FEIS). The SEQRA Findings

Statement of each agency must:

(i) consider the relevant environmental impacts, facts,

and conclusions disclosed in the FEIS;

17 See, e.g., Case 03-E-1181, Dynegy Danskammer LLC and Dynegy

Roseton LLC, Order Authorizing Entry Into Credit Facility and

Issuance of Secured Notes (issued November 26, 2003); Case 01-

E-0816, Athens Generating Company, L.P., Order Authorizing

Issuance of Debt (issued July 30, 2001).

CASE 10-E-0501

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(ii) weigh and balance relevant environmental impacts

with relevant social, economic, and other

considerations;

(iii) provide the rationale for the agency’s decision;

(iv) certify that the requirements of 6 NYCRR Part 617

have been met; and

(v) certify that, consistent with social, economic, and

other essential considerations, and considering

among the reasonable alternatives available, the

action is one that avoids or minimizes adverse

environmental impacts to the maximum extent

practicable, and that adverse environmental impacts

will be avoided or minimized to the maximum extent

practicable by incorporating as conditions to the

decision those mitigation measures identified as

practicable.18

Once the findings are adopted, the SEQRA process is

completed, and the Lead Agency and any Involved Agencies can

begin to approve, approve with conditions, or disapprove the

proposed project.

A comprehensive environmental review of the Project

was conducted pursuant to SEQRA.19 On March 10, 2008, CPV Valley

submitted a Full Environmental Assessment Form to the Town of

Wawayanda Planning Board (Wawayanda Planning Board). On June

11, 2008, the Wawayanda Planning Board assumed the role of Lead

Agency under SEQRA. The Wawayanda Planning Board issued a

positive declaration regarding the Project on June 25, 2008,

requiring the preparation of a Draft Environmental Impact

18 6 NYCRR §§617.11(c) and (d).

19 SEQRA is codified in Article 8 of the Environmental

Conservation Law, and the implementing regulations are

contained in 6 NYCRR Part 617 and 16 NYCRR Part 7.

CASE 10-E-0501

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Statement (DEIS). Following the approval of a final scoping

document on October 14, 2008, a DEIS was prepared by CPV Valley.

On November 18, 2008, CPV Valley submitted a DEIS to

the Wawayanda Planning Board. On February 23, 2009, the

Wawayanda Planning Board accepted the DEIS and sought public

comments. A Notice of Complete Application and Legislative

Hearing, including notice of the availability of the DEIS and

draft permits, was published in the Environmental Notice

Bulletin on March 4, 2009. The deadline for comments was

extended from April 22, 2009, to May 14, 2009. On April 8,

2009, the Wawayanda Planning Board, acting as Lead Agency, held

a public hearing at the Wawayanda Town Hall.

Additional studies were performed at the request of

the Wawayanda Planning Board in response to comments on the

DEIS. These studies included seasonally dependent ecological

field surveys, a more detailed visual impact assessment of the

above ground electric transmission lines, and analysis of the

visible plume and secondary formation of fine particulate

matter. Comments on these studies were solicited between

March 8, 2010, and March 22, 2010. CPV Valley prepared a

proposed FEIS to address all substantive comments received on

the DEIS and the additional studies.

An FEIS was submitted to the Wawayanda Planning Board

on November 30, 2011. The proposed FEIS was revised and

ultimately accepted by the Wawayanda Planning Board on February

8, 2012, and thereafter noticed, filed, and distributed as

required under 6 NYCRR Section 617.12. On May 23, 2012, the

Wawayanda Planning Board accepted and adopted a Findings

Statement certifying that the requirements of SEQRA had been

met. The Wawayanda Planning Board concluded that the Project

was consistent with the social, economic, and other essential

considerations of the proposed action; considers reasonable

CASE 10-E-0501

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alternatives; and, considers mitigation measures specified in

the DEIS and FEIS seeking to avoid or minimize adverse

environmental impacts to the maximum extent practicable.

On March 22, 2013, the Wawayanda Zoning Board of

Appeals issued variances in connection with the Project, while

the Wawayanda Planning Board issued a Special Use Permit and

Site Plan Approval on May 9, 2013. The NYS DEC issued a

findings statement and permits for air emission sources and

wetlands disturbance for the Project on July 25, 2013.

Because the Commission has approval authority under

PSL §68 in deciding whether to grant a CPCN related to the

Project, the Commission is an involved agency for purposes of

SEQRA review. The lead agency is, however, responsible for

taking a hard look at the relevant areas of environmental

concern,20 then making findings on that basis. By contrast, an

involved agency has a more limited role regarding SEQRA matters

and relies primarily upon the lead agency’s review and issuance

of a Final EIS.21 As an involved agency, the Commission may not

generally require the preparation of SEQRA documents in

connection with proposed actions.22 However, we must make a

written findings statement that, inter alia, weighs and balances

relevant environmental impacts with social, economic, and other

considerations and provides a rationale for our decision.23 In

making such a decision, we may consider the views expressed by

parties and non-parties, but must rely primarily on the FEIS

20 Jackson v. NY Urban Dev. Corp., 67 N.Y.2d 400, 417(1986).

21 Matter of Turkewitz v. Planning Board of City of New Rochelle,

24 A.D.3d 790, 791 (2d Dep’t 2005); Matter of Gordon v. Rush,

299 A.D.2d 20, 29 (2d Dep’t 2002), aff’d 100 N.Y.2d 236

(2003).

22 6 NYCRR §617.6(b)(3)(iii).

23 ECL §8-0109(8) and 6 NYCRR §617.11(c) and (d).

CASE 10-E-0501

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prepared by the lead agency and give serious consideration to

environmental issues.24

In reviewing the Petition, DPS Staff pursued

clarification and resolution of certain environmental matters

dealt with in the FEIS and pursuant to the Parks, Recreation and

Historic Preservation Law §14.09 review related to aspects of

facility safety and security, infrastructure and utility co-

location, and minimization of impacts on cultural resources.

Nevertheless, the review of environmental issues is primarily

the responsibility of the lead agency. As part of its review of

the impacts of electric generating facilities, the lead agency

must also ensure that any Final EIS include

a demonstration that the facility will satisfy

electric generating capacity needs or other electric

systems needs in a manner reasonably consistent with

the most recent state energy plan....25

That showing was made. One comment, filed by Central Hudson Gas

and Electric, a regional electric service, indicated its support

for the petition by CPV Valley, and stated that the project

would be beneficial to its customers.

The provisions under PSL §68 are not in the nature of

comprehensive siting requirements. Rather, the criteria

applicable under §68 include a verification that the

municipality on whose property part of the facility would be

located has granted its consent to construct the electric

plant.26 Primary siting responsibility, therefore, is at the

local level. The requirements of SEQRA, including development

24 Nash Metalware Co., Inc. et al. v. New York City, 14 Misc. 3d

1211a (S.Ct. NY Co., 2006).

25 ECL §8-1009 (2)(h).

26 Matter of Penn-York Natural Gas Corporation v. Maltbie, 164

Misc. 569 (S.Ct. Albany Co., 1937).

CASE 10-E-0501

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of an EIS that addresses the adopted Scoping Requirements, and

issuance of findings based on the FEIS, fall principally on the

lead agency.

The record in the SEQRA proceeding contains extensive

information regarding the potential impacts on land and land

use, visual resources, air quality, noise, wetlands and water

resources, ecological resources, socioeconomics and

environmental justice, traffic and transportation, cultural

resources, soils, geology and seismology, and wildlife. The

FEIS addresses the potential environmental impacts, and provides

protective measures tailored to avoid, minimize, and mitigate

the environmental impacts.

Most of the comments received relate to environmental

matters already considered by the lead agency in the SEQRA

process and addressed in the Final EIS. The predominant

concerns of both parties and non-parties appear to center on:

compatibility with existing land uses, and potential effects on

area residents and property values; impacts on wildlife,

including rare, threatened and endangered species; potential

impacts on water resources; emissions of air pollutants from the

facility; alternative sources of energy, opposition to the use

of natural gas derived by hydraulic fracturing; and the need for

the addition of a major natural gas-fired electric generating

facility in the area.

Potential impacts on wildlife, including rare,

threatened and endangered species, are considered in the EIS.

The comments and pleadings filed express dissatisfaction with

the depth and extent of studies performed by CPV Valley. Issues

regarding impacts to wildlife were, however, addressed by the

lead agency and are also within the jurisdiction of the DEC,

which is an involved agency in the SEQRA review of this project,

and which has issued permits for development of this project.

CASE 10-E-0501

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The environmental review conducted pursuant to SEQRA

and that relating to PSL §68 review overlap to some extent;

however, our primary focus under §68 relates to statewide and

regional concerns, as well as to the protection of public

infrastructure and services. Potential impacts on air quality

and the adverse effects of using natural gas including the

siting and development of gas transmission pipeline, and

potential use of fuel gas developed by hydraulic fracturing or

“fracking” for electric power generation garnered many comments.

While the Public Service Law Article VII generally addresses

siting of major gas transmission pipelines not subject to

exclusive jurisdiction of a federal agency, the project proposal

will involve a new gas transmission pipeline subject to the

federal Natural Gas Act, and thus will be exempt from PSL

Article VII. The nature of impacts of that project component

were addressed in the EIS, and the DPS did not address that

facility in the §68 review.

The air quality impacts associated with plant

operation are also statewide or regional in character. Those

impacts were addressed by the EIS. The Department of

Environmental Conservation, which is the responsible Agency for

issuing the Air quality permits, has fixed the emissions from

the units. The Draft EIS estimated the plant emissions due to

operation, and DEC has issued appropriate permits pursuant to

its jurisdiction. The plant emissions limitations are directly

tied to the nameplate ratings of the units, while the likely

output from the Project under actual operating conditions is

CASE 10-E-0501

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expressed as the nominal output.27 Therefore, the designation of

the nameplate capacity for the Project as 820 MW would not cause

any incremental increases in air emissions from the Project

greater than those authorized under the permits issued by DEC.

Comments regarding the regional and site-specific

seismic conditions were received by CPV Valley on the DEIS and

in this record. In response to comments received on the DEIS

regarding the seismic conditions of the project area, CPV Valley

acknowledged in the FEIS the presence of regional fault lines

and fault lines systems potentially associated with earthquakes

common in New York State. In a supplemental filing dated April

8, 2014, CPV Valley states that it has reviewed the Orange

County Water Authority online mapping resources and acknowledges

the presence of a mapped bedrock fracture trace in the southwest

corner of the project site. CPV Valley has indicated that the

current New York State Building Code (2010) does not preclude

the construction of a facility on a site with known or suspected

bedrock fractures or faults.

DPS Staff reports that seismic design requirements are

predominantly based on the existing geotechnical conditions and

location of a project site. CPV Valley performed preliminary

geotechnical studies at the Project site and preliminary

conclusions have been made from this data, as reported in the

EIS. The April 8, 2014 supplement states that “the preliminary

geotechnical evaluation will be followed by a final geotechnical

evaluation to support the final detailed design of the

27 Nameplate ratings reflect guarantees provided by the equipment

manufacturer to the developer based on specific, agreed upon

equipment operating parameters or standards. The summer

ratings reflect expected real world operating conditions, such

as air temperature and density, station loads and losses, and

the developers expected equipment operating parameters.

CASE 10-E-0501

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facility.” Also, the EIS and supporting documents indicate that

final design of the facility will include containment areas

designed to prevent leakage and contain overflow of back-up fuel

oil in case a seismic event occurs. We accept DPS Staff’s

recommendation that we condition our granting of a CPCN by

requiring submittal of final design drawings and all supporting

data including final geotechnical studies and specification of

protective measures against seismic activities, as well as

demonstrations that final design adheres to all applicable

codes, including the New York State Building Code.

Accordingly, a condition has been included as part of this order

requiring CPV Valley to submit all supporting data of final

design and all final design drawings for the Project.

On the basis of our consideration of the relevant

environmental impacts presented in the FEIS and our review of

the documents filed by parties, the comments submitted by non-

parties, and responses to these materials, we conclude that we

can make the findings required by ECL §8-0109(8) and 6 NYCRR

617.11(c) and (d). Importantly, we conclude that the applicable

design and conditions placed upon the Project would avoid and

minimize adverse environmental impacts to the maximum extent

practicable.

Cultural Resources/Historic Preservation Review

CPV Valley provided an evaluation of probable impacts

to cultural resources due to construction and operation of the

Project. Archaeological surveys were conducted on the proposed

construction impact areas of the site to determine if there

would be an impact to any cultural resources eligible for

inclusion in the National Register of Historic Places (NRHP).

Also, an architectural survey was conducted to assess structures

within the Area of Potential Effect (APE), which was defined as

CASE 10-E-0501

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an area within a half mile radius of the Project for this

analysis.

The New York State Office of Parks, Recreation, and

Historic Preservation (OPRHP) provided comments regarding the

Project in a letter dated December 23, 2008. Potential

archeological sites on the Project site were encountered during

the initial survey and additional testing was conducted. OPRHP

confirmed in a November 5, 2009 letter that the potential

archeological sites are not eligible for listing on the State or

National Register of Historic Places.

CPV Valley identified refinement of electrical and

process water interconnection facilities and locations in a

letter dated November 11, 2011. The electrical interconnect

design proposed underground 345 kV electric transmission cables

and a building to house switches and breakers at the

interconnection location adjoining the NYPA Marcy-South 345 kV

transmission facility. Process water supply and wastewater

return lines connecting the generating facility to the City of

Middletown wastewater treatment plant were proposed to follow

one of three alternative alignments along existing roadways

generally using public rights-of-way.

In response to CPV Valley’s November 11, 2011 letter,

OPRHP indicated that it needed additional documentation of

previous disturbances of the interconnection facility

alignments, including subsurface disturbance, and requested that

additional Stage 1B (shovel) testing be completed prior to

construction. On January 9, 2012, CPV Valley offered to commit

to providing additional testing results following selection of a

final route and prior to commencing construction of the water

lines. By letter dated February 1, 2012, OPRHP stated that it

had no objections to the proposed pre-construction testing

program as detailed in the January 9, 2012 CPV Valley letter,

CASE 10-E-0501

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provided that final permits or SEQRA findings include a

condition requiring that the additional testing be completed.

By correspondence dated April 14, 2014, OPRHP reported that the

January 9, 2012 recommendation for investigation of final

routing of the water lines should be applied to all of the

interconnection facilities, including the electric transmission

facility, due to the archeological sensitivity of the project

area.

Two historic cemeteries were identified in the project

vicinity: one is located on the Project site, and another is on

an adjoining property. The Cooley Cemetery is located in the

far north-west corner of the Project site. Field observations

revealed that Cooley Cemetery is comprised of displaced and

upright head stones and footstones within an approximate 9 meter

by 9 meter area. Some stones also appeared to have been

displaced from the original positions, having been displaced by

grazing livestock on this former agricultural property. This

cemetery will not be significantly disturbed by the construction

of this Project. In response to inquiries regarding protection

of the un-maintained Cooley Cemetery due to construction of the

project, CPV Valley has proposed measures to protect the

cemetery, including the installation of a gated fence around the

cemetery and an access path to the cemetery from the CPV Valley

parking area. In a response dated April 13, 2009, OPRHP noted

that the addition of the fence around the cemetery should help

protect the surviving head stones from further deterioration.

During review of the proposed location, DPS Staff

identified a potential for site disturbance due to installation

of the project site perimeter security fencing, and recommended

that CPV Valley determine the outer extent of burial plots via

non-intrusive means such as ground-penetrating radar, to assure

that there is no disturbance to this site due to fence

CASE 10-E-0501

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construction. DPS Staff recommends that the CPCN be conditioned

on a requirement to develop a cemetery site protection plan,

including identification of measures to protect the resource.

We will adopt this recommendation and require the additional

review prior to the start of construction.

The Pine Hill Cemetery is located directly adjacent to

the Project site to the northeast. This cemetery will not be

directly disturbed by construction activities of the Project.

CPV Valley will develop an unanticipated discovery plan in the

case that sensitive sites are discovered during construction.

Discovery of any potentially significant archaeological

resources during construction will be handled in accordance with

the most recent Standards for Cultural Resource Investigations

and Curation of Archaeological Collections in New York State.

In conclusion, no archeologic or historic resources

listed or eligible for listing on the State or National Register

of Historic Places were identified on the proposed CPV Valley

Project site or within the off-site electric interconnection and

water/wastewater pipeline corridors. Based on the record

information and the requirements for final review by OPRHP and

for site protection plan for the Cooley Cemetery, the

responsibility of the Commission to comply with the requirements

of Parks, Recreation and Historic Preservation Law §14.09 has

been addressed.

CONCLUSION

As discussed above, the Commission is granting a CPCN

with conditions, authorizing a lightened ratemaking regulation,

and approving the proposed financing with respect to CPV

Valley’s Project. We are also denying CPV Valley’s Motion,

having held a Public Statement Hearing to receive oral comments.

CASE 10-E-0501

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We have reviewed the extensive record in this proceeding and

find that the required findings may be made pursuant to SEQRA.

The Commission orders:

1. The motion for an expedited proceeding on the non-

contested application of CPV Valley, LLC is denied, as discussed

in the body of this order.

2. A Certificate of Public Convenience and Necessity

is granted, authorizing CPV Valley, LLC to construct and operate

the electric plant within New York described in the body of this

Order.

3. The financing arrangements described in the

Petition filed in this proceeding and discussed in the body of

this Order are approved, up to the maximum amount of $680

million.

4. CPV Valley, LLC and its affiliates shall comply

with the Public Service Law in conformance with the requirements

set forth in the body of this Order.

5. CPV Valley, LLC shall obtain all necessary

federal, state, and local permits and approvals, and shall

implement appropriate mitigation measures defined in such

permits or approvals.

6. CPV Valley, LLC shall file with the Secretary to

the Commission (Secretary) final Site Plans and construction

drawings for the project components, turbine sites, GIS

Building, access roads, supply and water and wastewater lines,

and electric lines associated with the Project for review before

the start of construction.

7. Prior to commencing construction of: (a) the

electric transmission interconnection, not including minor

activities required for testing and development of final

engineering and design information, CPV Valley, LLC shall

CASE 10-E-0501

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provide to the Secretary final design plans and profile drawings

of the substation and the transmission interconnection and proof

of acceptance of the design by the New York Power Authority; (b)

the electric transmission lines and the water supply and

wastewater return pipelines, CPV Valley LLC shall provide

results of walkover survey and subsurface investigation, and

concurrence of the Office of Parks, Recreation and Historic

Preservation – Historic Preservation Field Services Bureau that

construction of those facilities may commence; (c) the site

perimeter fence in the vicinity of the Cooley Cemetery, CPV

Valley LLC shall provide results of testing and a final detailed

plan for avoiding adverse impacts to the cemetery and individual

grave sites within the cemetery.

8. The authorized electric plant shall be subject to

inspection by authorized representatives of DPS Staff pursuant

to §66(8) of the Public Service Law.

9. CPV Valley, LLC shall incorporate, and implement

as appropriate, the standards and measures for engineering

design, construction, inspection, maintenance and operation of

its authorized electric plant, including features for facility

security and public safety, utility system protection, plans for

quality assurance and control measures for facility design and

construction, utility notification and coordination plans for

work in close proximity to other utility transmission and

distribution facilities, vegetation and facility maintenance

standards and practices, emergency response plans for

construction and operational phases, and complaint resolution

measures, as presented in its Petition, its Environmental Impact

Statement and this Order.

10. CPV Valley, LLC shall file with the Secretary,

within three days after commencement of commercial operation of

CASE 10-E-0501

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the electric plant, an original and three copies of written

notice thereof.

11. CPV Valley, LLC shall file a copy of the System

Reliability Impact Study (SRIS) performed in accordance with the

New York Independent System Operator, Inc’s (NYISO) Open Access

Transmission Tariff (OATT) approved by the Federal Energy

Regulatory Commission), and all appendices thereto, reflecting

the interconnection of the facility.

12. CPV Valley, LLC shall design, engineer, and

construct facilities in support of the authorized electric plant

in accordance with the applicable and published planning and

design standards and best engineering practices of NYISO, the

New York State Reliability Council (NYSRC), Northeast Power

Coordinating Council (NPCC), North American Electric Reliability

Council (NERC) and successor organizations, depending upon where

the facilities are to be built and which standards and practices

are applicable. Specific requirements shall be those required

in the SRIS as performed in accordance with the NYISO’s OATT and

by the Interconnection Agreement (IA) and the facilities

agreement with NYPA.

13. CPV Valley, LLC shall work with NYPA, and any

successor Transmission Owner (as defined in the NYISO

Agreement), to ensure that, with the addition of the electric

plant (as defined in the IA between the Company and NYPA), the

system will have power system relay protection and appropriate

communication capabilities to ensure that operation of the NYPA

transmission system is adequate under NPCC Bulk Power System

Protection Criteria, and meets the protection requirements at

all times of the NERC, NPCC, NYSRC, NYISO, and NYPA, and any

successor Transmission Owner (as defined in the NYISO

Agreement). CPV Valley, LLC shall ensure compliance with

applicable NPCC criteria and shall be responsible for the costs

CASE 10-E-0501

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to verify that the relay protection system is in compliance with

applicable NPCC, NYISO, NYSRC and NYPA criteria.

14. CPV Valley, LLC shall operate the electric plant

in accordance with the IA, approved tariffs and applicable rules

and protocols of NYPA, NYISO, NYSRC, NPCC, NERC and successor

organizations. CPV Valley, LLC may seek subsequent review of

any specific operational orders at the NYISO, the Commission,

the Federal Energy Regulatory Commission, or in any other

appropriate forum.

15. CPV Valley, LLC shall comply with the applicable

reliability criteria of NYPA, NYISO, NPCC, NYSRC, NERC and

successors. If it fails to meet the reliability criteria at any

time, the CPV Valley, LLC shall notify the NYISO immediately, in

accordance with NYISO requirements, and shall simultaneously

provide the Commission and NYPA with a copy of the NYISO notice.

16. CPV Valley, LLC shall file a copy of the

following documents with the Secretary:

a. All facilities agreements with NYPA, and

successor Transmission Owner throughout the life

of the plant (as defined in the NYISO

Agreement);

b. Any documents produced as a result of the

updating of requirements by the NYSRC;

c. The Relay Coordination Study, which shall

be filed not later than six months prior

to the projected date for commencement of

commercial operation of the facilities;

and a copy of the manufacturers’ “machine

characteristics” of the equipment

installed (including test and design

data); (d) a copy of the facilities

design studies for the Electric Plant,

CASE 10-E-0501

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including all updates (throughout the

life of the plant);

d. A copy of the IA and all updates or

revisions (throughout the life of the

plant); and,

e. If any equipment or control system with

different characteristics is to be

installed, the Company shall provide that

information before any such change is

made (throughout the life of the plant).

17. CPV Valley, LLC shall obey unit commitment and

dispatch instructions issued by NYISO, or its successor, in

order to maintain the reliability of the transmission system.

In the event that the NYISO System Operator encounters

communication difficulties, CPV Valley, LLC shall obey dispatch

instructions issued by the NYPA Control Center, or its

successor, in order to maintain the reliability of the

transmission system.

a. After commencement of construction of the

authorized Electric Plant, CPV Valley, LLC shall

provide NYPA with a monthly report on the

progress of construction and an update of the

construction schedule, and file with the

Secretary copies of current construction

progress reports during all phases of

construction. In the event the Commission

determines that construction is not proceeding

at a pace that is consistent with Good Utility

Practice, and that a modification, revocation,

or suspension of the Certificate of Public

Convenience and Necessity (Certificate) may

therefore be warranted, the Commission may issue

CASE 10-E-0501

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a show cause order requiring CPV Valley, LLC to

explain why construction is behind schedule and

to describe such measures as are being taken to

get back on schedule. The Order to Show Cause

will set forth the alleged facts that appear to

warrant the intended action. CPV Valley, LLC

shall have thirty days after the issuance of

such Order to respond and other parties may also

file comments within such period. Thereafter,

if the Commission is still considering action

with respect to the Certificate, a hearing will

be held prior to issuance of any final order of

the Commission to amend, revoke or suspend the

Certificate. It shall be a defense in any

proceeding initiated pursuant to this condition

if the delay of concern to the Commission:

(1) arises in material part from actions or

circumstances beyond the reasonable control

of CPV Valley, LLC (including the actions

of third parties);

(2) is not in material part caused by the fault

of CPV Valley, LLC; or,

(3) is not inconsistent with a schedule that

constitutes Good Utility Practice.

b. CPV Valley, LLC shall file with the

Secretary, no more than four months after

the commencement of construction, a

detailed progress report. Should that

report indicate that construction will

not be completed within twelve months,

CPV Valley, LLC shall include in the

report an explanation of the

CASE 10-E-0501

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circumstances contributing to the delay

and a demonstration showing why

construction should be permitted to

proceed. In these circumstances, an order

to show cause will not be issued by the

Commission, but a hearing will be held

before the Commission takes any action to

amend, revoke or suspend the Certificate.

c. For purposes of this condition, Good

Utility Practice shall mean any of the

applicable acts, practices or methods

engaged in or approved by a significant

portion of the electric utility industry

during the relevant time period, or any

of the practices, methods and acts which,

in the exercise of reasonable judgment in

light of the facts known at the time the

decision was made, could have been

expected to accomplish the desired result

at a reasonable cost consistent with good

business practices, reliability and

safety. Good Utility Practice is not

intended to be limited to the optimum

practice, method, or act, to the

exclusion of all others, but rather to be

acceptable practices, methods, or acts

generally accepted in the region in which

the Company is located. Good Utility

Practice shall include, but not be

limited to, NERC criteria, rules,

guidelines and standards, NPCC criteria,

rules, guidelines and standards, NYSRC

CASE 10-E-0501

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criteria, rules, guidelines and

standards, and NYISO criteria, rules,

guidelines and standards, where

applicable, as they may be amended from

time to time (including the rules,

guidelines and criteria of any successor

organization to the foregoing entities).

When applied to the Company, the term

Good Utility Practice shall also include

standards applicable to an independent

power producer connecting to the

distribution or transmission facilities

or system of a utility.

d. Except for periods during which the

authorized facilities are unable to

safely and reliably convey electrical

energy to the New York transmission

system (e.g., because of problems with

the authorized facilities themselves or

upstream electrical equipment) CPV

Valley, LLC’s electric plant shall be

exclusively connected to the New York

transmission system over the facilities

authorized herein.

18. CPV Valley, LLC shall work with NYPA system

planning and system protection engineers to discuss the

characteristics of the transmission system before purchasing any

system protection and control equipment or equipment related to

the electrical interconnection of the Project to the

transmission system, and to ensure that the equipment purchased

will be able to withstand most system abnormalities. The

technical considerations of interconnecting the electric plant

CASE 10-E-0501

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to the transmission facility shall be documented by CPV Valley,

LLC and provided to the Secretary and NYPA prior to the

installation of transmission equipment. Updates to the

technical information shall be furnished as available

(throughout the life of the plant).

19. CPV Valley, LLC shall work with NYPA engineers

and safety personnel on testing and energizing equipment in the

authorized substation. A testing protocol shall be developed

and provided to NYPA for review and acceptance. CPV Valley, LLC

shall provide a copy of the testing design protocol to the

Secretary within 30 days of NYPA’s acceptance. CPV Valley, LLC

shall make a good faith effort to notify DPS Staff of meetings

related to the electrical interconnection of the Project to the

NYPA transmission system and provide the opportunity for DPS

Staff to attend those meetings.

20. CPV Valley, LLC shall call the Bulk Electric

System Section within six hours to report any transmission

related incident that affects the operation of the Electric

Plant. CPV Valley, LLC shall submit a report on any such

incident within seven days to DPS Staff and NYPA. The report

shall contain, when available, copies of applicable drawings,

descriptions of the equipment involved, a description of the

incident and a discussion of how future occurrences will be

prevented. CPV Valley, LLC shall work cooperatively with NYPA,

NYISO and the NPCC to prevent any future occurrences.

21. CPV Valley, LLC shall make modifications to its

Interconnection Facility, if it is found by the NYISO or NYPA to

cause reliability problems to the New York State Transmission

System. If NYPA or the NYISO bring concerns to the Commission,

CPV Valley, LLC shall be obligated to address those concerns.

22. If, subsequent to construction of the authorized

electric plant, no electric power is generated and transferred

CASE 10-E-0501

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out of such plant for a period of more than a year, the

Commission may consider the amendment, revocation or suspension

of the Certificate.

23. In the event that a malfunction of the authorized

electric plant causes a significant reduction in the capability

of such plant to deliver power, CPV Valley, LLC shall promptly

provide to DPS Staff and NYPA copies of all notices, filings,

and other substantive written communications with the NYISO as

to such reduction, any plans for making repairs to remedy the

reduction, and the schedule for any such repairs. CPV Valley,

LLC shall provide monthly reports to the Secretary and NYPA on

the progress of any repairs. If such equipment failure is not

completely repaired within nine months of its occurrence, CPV

Valley, LLC shall provide a detailed report to the Secretary,

within nine months and two weeks after the equipment failure,

setting forth the progress on the repairs and indicating whether

the repairs will be completed within three months; if the

repairs will not be completed within three months, CPV Valley,

LLC shall explain the circumstances contributing to the delay

and demonstrate why the repairs should continue to be pursued.

24. No less than 60 days prior to the commencement of

operation, CPV Valley, LLC shall file with the Secretary

Operation and Maintenance Plan(s) for the Electric Plant,

including but not limited to a complete documentation of its

emergency procedures and a list of emergency contacts. Any

modifications to such Operation and Maintenance Plan(s) or

emergency procedures or emergency contacts shall be documented

and filed by CPV Valley, LLC with the Secretary within 14 days

of such modifications.

25. If CPV Valley, LLC participates in the NYISO’s

Black Start program, CPV Valley, LLC shall demonstrate annually

that the unit can be black started. CPV Valley, LLC shall

CASE 10-E-0501

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schedule with the NYISO and NYPA the black start test and

demonstrate black start procedures. If the black start test

fails, CPV Valley, LLC shall produce a report describing the

test and what actions or changes are being made to the black

start procedures. A copy of such report shall be submitted to

NYPA, NYISO and the Secretary. CPV Valley, LLC shall provide

the opportunity for DPS Staff to observe the black start

testing. CPV Valley, LLC shall effectuate a successful black

start annually to qualify for the Black Start program.

26. CPV Valley shall submit all pipeline

transportation contracts to the Department of Public Service

Information Records Access Officer. All submissions should be

labeled confidential and include this case number prominently in

the name of the filing.

27. Prior to supplying any gas for testing or blow

downs at the generating facility the applicant shall: a) provide

a safety program and emergency procedures for initially

supplying any amount of gas to the plant; and, b) meet with the

Department of Public Service’s Gas Safety Section.

28. Development of final facility design shall be

based on additional geotechnical investigations and analyses of

the facility site to fully characterize the site including the

nature and extent of soft clay soils identified during

preliminary geotechnical studies. CPV Valley, LLC shall submit

to Department of Public Service Staff for review a report

summarizing the results of additional geotechnical

investigations and analyses. This report shall include the

following information to be used to support final design of the

foundation systems:

a. The final designated Site Class;

b. The final designated Seismic Design Category;

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c. A description of all required structural tests

and special inspections to be employed during

construction as a result of the final seismic

calculations. This description shall include

all specific design and code requirements due to

the classification of the Project site.

29. Prior to construction, CPV Valley, LLC shall file

with the Secretary:

a. Final Structural Drawings of the facility

including full size drawings at an appropriate

scale, with the following details:

(1) General Structural Notes (Provide notes

describing any specific protective measures

and code requirements due to the final

Seismic Design Category);

(2) Foundation Plans;

(3) Foundation Sections and Details;

(4) Concrete General Notes;

(5) Concrete Details;

(6) Any Hardware/Assembly Details;

(7) Final Secondary Containment Plans, Details

and Notes; and,

(8) Any other final structural drawings not

listed above.

b. A written statement describing how final design

of the facility meets or exceeds all applicable

criteria for regional and site specific seismic

hazard risks.

30. The Secretary shall have sole discretion to

extend the deadlines set forth in this order. Any request for

an extension must be in writing, must include a justification

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for the extension, and must be filed at least one day prior to

the affected deadline.

31. This proceeding is closed, pending compliance

with Certificate Conditions 6, 7, 10, 11, 16, 24, 26, 27, 28,

and 29 above.

By the Commission,

KATHLEEN H. BURGESS

Secretary

STATE OF NEW YORK

PUBLIC SERVICE COMMISSION

CASE 10–E-0501 - Petition of CPV Valley, LLC for a Certificate

of Public Convenience and Necessity Pursuant to

Section 68 of the Public Service Law, Approval

of Financing Pursuant to Section 69 and for

Approval of a Lightened Regulatory Regime.

Statement of Findings

This statement was prepared in accordance with Article

8 of the Environmental Conservation Law, the State Environmental

Quality Review Act (SEQRA). The Town of Wawayanda Planning

Board acted as Lead Agency and the Public Service Commission

(Commission) is an Involved Agency.

The address of the Lead Agency is:

Town of Wawayanda

80 Ridgebury Hill Road

Slate Hill, NY 10973

The address of the Commission is:

Hon. Kathleen H. Burgess

Secretary to the Commission

New York State Public Service Commission

Empire State Plaza

Agency Building 3

Albany, NY 12223-1350

Questions concerning the quality or content of this document can

be directed to Philipose Philip, at 212-417-2208, or to the

Commission at the address above.

Project Description

The Project Petitioner is CPV Valley, LLC (CPV Valley).

The proposed CPV Valley Energy Center (Project) will be located

on an approximate 22 acre portion of a 122 acre parcel of open

land in the northeast portion of the Town of Wawayanda. The 122

acre parcel is bounded by Interstate-84 (I-84) to the south,

Route 17M on the east, and Route 6 to the north and west. The

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development site parcel is currently undeveloped land used

previously for agricultural purposes and wooded areas. There is

a private cemetery (Cooley Cemetery) located on the far western

corner of the Project site, which will not be impacted by the

Project.

The Project consists of a combined-cycle facility

proposed to generate a peak of approximately 630 megawatts (MW)

of electricity. Approximately 365 MW of this power will be

produced using two F Class combustion turbine generator sets.

Exhaust heat from the combustion turbines will be sent to heat

recovery steam generators (HRSGs) to produce steam to drive a

steam turbine generator. The HRSGs will include a natural gas-

fired (supplemental “duct burner” firing system that allow for

additional electrical production during select periods. The

steam turbine generator will provide approximately 288 MW

Approximately 23 MW will be consumed within the Facility to

power necessary systems, which leaves a net nominal electric

output of 630 MW.

The Project will be equipped with state-of-the-art

emissions control technology; including selective catalytic

reduction (SCR) technology to control oxides of nitrogen (NOx)

and an oxidation catalyst to control carbon monoxide (CO) and

volatile organic compound (VOC) emissions. Exhaust steam from

the steam turbine will be cooled (i.e., condensed) and then

returned to the HRSG using an air-cooled condenser.

Natural gas will be used as the primary fuel with

ultra-low sulfur distillate oil serving as a back-up fuel for

reliability purposes. Use of the back-up fuel will be limited

to the equivalent of 720 hours per year, per turbine, so that

the Facility can reliably support the electrical system in the

event that natural gas supplies are needed to meet residential

heating or other demands. To accommodate short-term operation

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on ultra-low sulfur distillate oil, the proposed Project will

include a 965,000-gallon fuel oil storage tank and associated

off-loading facilities. The fuel oil tank capacity is designed

to allow for three, twelve-hour days of operation on fuel oil

for two combustion turbines, at base load and average ambient

conditions.

The Project will interconnect with the New York Power

Authority’s (NYPA) 345-kilovolt (kV) transmission system, which

is located less than 1 mile north of the Project site, via new

underground cables and a new 345 kV gas insulated switchgear

(GIS) switchyard, to be located adjacent to the NYPA

transmission lines. The underground transmission lines will

extend easterly along the Project site parallel to I-84 towards

Route 17M. At the eastern portion of the site, the transmission

line route will turn and extend north paralleling Route 17M in

the New York State Department of Transportation (NYSDOT) Route

17M right-of-way.

Process water requirements for the Facility will be

met through use of treated effluent from the City of Middletown

Sewage Treatment Plant. Treated effluent (currently discharged

to the Wallkill River) from the city Treatment Plant will be

conveyed to the Project site via a new water pipeline, filtered

and chlorinated for reuse as process makeup water. Project

process water discharge will be conveyed back to the City of

Middletown Sewage Treatment Plant via a new wastewater

transmission pipeline for treatment prior to discharge to the

Wallkill River. Potable water will be obtained through an

interconnection to the municipal system along Route 6.

Discussion

A comprehensive environmental review of the project

was conducted in conformance with the State Environmental

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Quality Review Act (SEQRA) with The Town of Wawayanda Planning

Board acting as SEQRA Lead Agency. The Commission is an

Involved Agency in the SEQRA review. Following the issuance of

a final scoping document on October 14, 2008, a Draft

Environmental Impact Statement (DEIS) was submitted by CPV

Valley Energy Center to the lead agency on November 18, 2008.

The DEIS was determined to be complete on February 23, 2009, and

was made available to the Public. Comments on the DEIS were

accepted by the lead agency until May 14, 2009. Town of

Wawayanda Planning Board held a public hearing on the DEIS on

April 8, 2009 and additional studies comment period was open

from March 8 through March 22, 2010.

In response to written comments, as well as the

comments raised during the public hearing, CPV Valley Energy

Center submitted a Final Environmental Impact Statement (FEIS)

on November 30, 2011 and the Lead Agency accepted the FEIS on

February 8, 2012.

The Final EIS evaluates the environmental impacts

identified in the DEIS Scope as well as comments provided in

response to the DEIS. Record information identifies resources

and provides evaluation of impacts on land and land use, visual

resources, air quality, noise, ecological resources including

wildlife, wetlands and water resources, socioeconomics, traffic,

cultural resources, soils, geology, and seismology. Cumulative

impacts associated with an off-site gas transmission pipeline

(subject to additional siting review authority by the Federal

Energy Regulatory Commission) were also identified. The FEIS

addresses the potential environmental impacts, and provides

protective measures tailored to avoid, minimize and mitigate

those impacts. These measures include: use of highly efficient

combined cycle technology, air-cooled condensers and state-of-

the-art emissions control technology; location of electric

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transmission lines underground to reduce visual impacts of the

facility; and use of treated wastewater as process water.

In its Findings Statement, the Lead Agency concluded

that the CPV Valley project has been designed, and where

necessary, revised, to avoid, minimize, and mitigate adverse

environmental impacts. The New York State Department of

Environmental Conservation issued a Findings Statement and

permits related to air emissions and wetlands disturbance.

Air emissions in general will be minimized through the

use of emission control devices and strategies representing the

most stringent limitation achieved in practice or which can

reasonably be expected in practice. Permanent impacts will be

avoided and temporary impacts will be avoided or minimized by

proper handling of top soil, grading of the site and storm water

management systems. Impacts to wetlands will be avoided and

minimized through construction practices and protective

plantings. The project is not expected to have significant

adverse impacts on wildlife or significant habitat areas. The

project represents the best alternative among those considered.

Although some adverse environmental impacts may be

expected from the project, when those impacts are weighed

against the benefits, we concluded that the CPV Valley project

is in the public interest. It would be a modern electric

generation facility and would incorporate various measures to

increase efficiency and capacity and avoid or minimize adverse

environmental impacts to the greatest extent practicable.

As an additional source of power generation in the

Hudson Valley, the project will help meet long-term electric

system capacity needs and may relieve short term reliability

concerns due to generation retirement.

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Conclusions

The potential benefits identified in the FEIS outweigh

the potential adverse effects that would result from

construction and operation of the proposed facilities. The

mitigation measures proposed are reasonable responses to

identified impacts, and would avoid or minimize the identified

adverse effects to the extent practicable.

Upon considering the environmental impacts, facts, and

conclusions in the FEIS, we conclude that the project would

avoid and minimize adverse environmental impacts to the maximum

extent practicable. Other findings pursuant to SEQRA, as

extensively discussed in the Findings Statements issued by the

Lead Agency, are reasonable and appropriate. Those findings

consider the relevant environmental impacts, facts and

conclusions as discussed in the FEIS.

The Commission certifies that the requirements of

SEQRA have been met, based on the procedural measures

administered by the Lead Agency, the input of Involved Agencies,

and the substantive mitigation of adverse effects based on

facility design and the requirements of the agencies findings,

the various permits to be issued, and the requirements of the

Certificate of Public Convenience and Necessity.

The Commission also certifies that, consistent with

social, economic and other essential considerations from among

the reasonable alternatives available, the action is one that

avoids or minimizes adverse environmental impacts to the maximum

extent practicable, and that adverse environmental impacts would

be avoided or minimized to the maximum extent practicable

because of the incorporation of conditions requiring appropriate

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mitigation measures in the Certificate of Public Convenience and

Necessity.

KATHLEEN H. BURGESS

Secretary

valley lateral project

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