CSC: Docket No. 225 D&O

DOCKET NO. 225 - Kleen Energy Systems, LLC application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance and operation of an Electric Generating Facility and Switchyard on River Road, Middletown, Connecticut.

PETITION NO. 549 - Kleen Energy Systems, LLC petition for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the proposed transmission line interconnection from the proposed Electric Generating Facility and Switchyard on River Road to existing 345 kV Connecticut Light and Power transmission line number 353.














November 21, 2002

Decision and Order

Pursuant to Connecticut General Statutes (CGS) ß 16-50p, the application submitted by Kleen Energy Systems, LLC (Kleen Energy) to construct, operate, and maintain a 520 MW natural gas-fired combined cycle electric generating facility and electric transmission line interconnection on River Road in Middletown, Connecticut is hereby approved. A Certificate of Environmental Compatibility and Public Need (Certificate) as required by CGS 16-50k, shall be issued, subject to the following conditions and requirements.

1.  Conditions

  1. The facility shall be constructed and operated substantially as specified by the Certificate Holder in the record and application of Docket No. 225 and Petition No. 549, except where otherwise ordered by the Council.

  2. The exhaust stacks shall be no higher than 215 feet above ground level;
  3. The electric switchyard shall use sulfur hexafluoride (SF6) insulated breakers;
  4. Unless incompatible with provisions ordered by the DEP, selective catalytic reduction shall be used to reduce nitrogen oxide levels, an oxidation catalyst shall be used to reduce carbon monoxide, and dry low-nitrogen oxide combustion shall be used in the combustion turbines while firing natural gas to reduce nitrogen oxide levels;

  5. The project shall operate primarily on natural gas, except when the project may operate on low sulfur (0.05 percent) distillate fuel oil a maximum total of 720 hours per year or as permitted by the DEP;

  6. Submittal of a petition, amendment, or an application pursuant to CGS 16-50g et seq., for Council approval, for construction of any new natural gas pipeline to the facility, with sufficient detail to determine the jurisdiction, route, type, and location of all support equipment, effect on and changes necessary to existing infrastructure, health and safety effects, and possible alternative configuration and routes for the proposed new pipeline;

  7. Erosion and sediment controls shall be in compliance with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Controls;

  8. No ground breaking on the project site may take place until financing for the project has been identified and committed through the completion of the project;

  9. There shall be no site access from Bow Lane;

  10. Sound levels during construction shall not exceed 51 dBA outside the hours of 7:00 a.m. until one hour after sundown, Monday through Saturday, at any abutting residential property which is not located on the project site;

  11. Sound levels during project operation shall not exceed 51 dBA at abutting residential property lines. Additional noise mitigation measures which may be necessary for compliance will be promptly pursued and implemented at the sole expense of the Certificate Holder;

  12. Steam blows from the project will not exceed approximately five minutes in duration and will be limited to the period of 7:00 a.m. through 6:00 p.m., Monday through Friday. Noise mitigation measures will be employed to limit project sound levels to no greater than 10 dBA above required plant noise at site boundaries;

  13. Site lighting shall comply with the standards of the International Dark Skies Association;

  14. Prior to the commencement of construction, the limits of clearing shall be marked in the field by the Certificate Holder by the placement of orange construction fencing around the entire perimeter of disturbed areas;

  15. Wetland areas on the project site shall be marked in the field with flagging prior to the commencement of clearing and grubbing;

  16. A final sweep of the project site for the presence of Eastern box turtles shall be performed immediately prior to any land clearing on the site. Any individuals of this species which are found shall be moved to suitable adjacent offsite habitat after consultation with the DEP.
2.  Development and Management Plan
To ensure compliance with the Councilís Decision and Order, the Certificate Holder shall not commence construction until it has secured Council approval of pertinent portions of the Development and Management Plan (D&M Plan) with the following elements:

  1. Provisions for 1) water diverted from the Connecticut River, including the acquisition of all required rights-of-way; permits from the Department of Environmental Protection, Army Corps of Engineers, and local municipalities; and final engineering plans for the water intake structures;

  1. A final site plan showing all roads, structures and other improvements on the site. The final site plan shall, to the greatest extent possible, maximize the placement of facility components within previously mined and cleared areas of the site; preserve the existing natural vegetation on the site; establish, define and protect open space buffer areas; preserve and protect vernal pools and areas with habitat for species of special concern identified on the site; and minimize impacts on inland wetlands;

  2. Identification of a reserve area of not less than 50 contiguous acres on the 137-acre site including its exact boundaries. To facilitate and maximize protection of plants and wildlife, the following parcels shall be included and set aside as part of the reserve area as identified on Drawing C-1 of Volume II of the Application: Map 47, Block 25-1, Lot AA; Map 47, Block 25-1, Lot AB; and Map 47, Block 25-1, Lot AC;

  3. Detailed project schedules for all work activities with weekly work plans;
  4.  Plans for landscaping, including preservation of the existing natural vegetation; configuration of earthen berms; and planting of new coniferous vegetation to provide ecological habitat, visual screening, and acoustical buffers;
  5.  Provisions for architectural treatment of all building components, especially, but not limited to, those components which can be seen from off-site locations; to minimize visual effects on scenic resources, exhaust stacks shall be painted a non-contrasting color;

  1. Detailed erosion and sedimentation control and stormwater management plans with provisions for inspection, enforcement, and revision. Erosion and sediment controls shall be installed by the Certificate Holder and inspected by the Council and the City of Middletown prior to commencement of site clearing and grubbing;

  2. A spill prevention and countermeasure plan;

  3. An emergency response plan shall be provided to the Council and to the City of Middletown Police Department, Health Department, and South Fire District.

  4. A construction blasting plan;

  5. Plans for the location of the electric switchyard, including the use of sulfur hexafluoride (SF6) insulation equipment;

  6. A final site plan and engineering details for the electrical interconnection with measurements of pre- and post-construction electric and magnetic field (EMF) levels, and provisions for optimum phasing and compact spacing to maximize cancellation of EMF to the greatest extent practically possible; and

  7. Requests for changes to the D&M Plan shall be made through the Chairman of the Council within 24 hours of their occurrence.
3.  Operations Plan
To ensure compliance with the Councilís Decision and Order, the Certificate Holder shall not commence operation of the facility until it has secured approval of an Operations Plan with components to include base line testing, performance objectives, post-construction operations monitoring, enforcement protocol, and the development of mitigation measures to ensure compliance with regulatory requirements and/or performance objectives for each of the following components:

  1. noise emissions;

  2. water usage;

  3. water discharges;

  4. air and water vapor emissions;

  5. odors;

  6. plant lighting;

  7. traffic management;

  8. physical plant and site management; and

  9. EMF exposure to uncontrolled areas adjacent to the electric interconnection.
4.  Notification
The Certificate Holder shall provide the Council notification of the following events not less than two weeks in advance of their occurrence:

  1. commencement of facility construction;

  1. commencement of facility testing;

  1. commencement of commercial operations; and

  2. permanent termination of any operation of the project.

5. Reporting

The Certificate Holder shall provide the following reports:

   a.  Quarterly progress reports to include the status of all permits, starting with the effective 
       date of this Decision and Order and ending with the commencement of facility operation,
       or as directed by the Council; and

  1. A first year operating report, to be submitted to the Council within three months after the conclusion of the first year of operation, to include:
      1. The number of hours when operation on natural gas was curtailed and fuel oil was 
          burned, facility capacity and availability, and the number of and reasons for any 
          interruption in electric generation; 
      2. Overall condition and reliability of the facility; and
      3. Any exceedence of regulatory requirements and/or performance objectives developed 
          consistent with Condition 3 of this Decision and Order.
6. The Certificate Holder shall provide to the Council, when available, the final DEP air emissions, water discharge, and water diversion permits.
7. Unless otherwise approved by the Council, this Decision and Order shall be void if all construction authorized herein is not completed within four years of the effective date of this Decision and Order or within four years after all appeals to this Decision and Order have been resolved.

We hereby direct that a copy of the Findings of Fact, Opinion, and Decision and Order be served on each person listed below, and notice of issuance published in The Hartford Courant, The New Britain Herald, and the Middletown Press.

By this Decision and Order, the Council disposes of the legal rights, duties, and privileges of each party named or admitted to the proceeding in accordance with Section 16-50j-17 of the Regulations of Connecticut State Agencies.

The parties and intervenors to this proceeding are:

Applicant                                                                          Its Representatives

Kleen Energy Systems, LLC                                     Mr. William C. Corvo
                                                                         Kleen Energy Systems, LLC
                                                                         90 Industrial Park Road
                                                                         Middletown, Connecticut 06457
                                                                         (860) 632-1044

                                                                          Lawrence J. Golden, Esq.
                                                                          Pullman & Comley, LLC
                                                                          90 State House Square
                                                                          Hartford, Connecticut 06103
                                                                          (860) 424-4346
                                                                          (860) 424-4370 - fax

Intervenor                                                           Its Representative

NRG Middletown Power LLC                                       Aimee L. Hoben
                                                                           Alfred E. Smith, Jr.
                                                                           Murtha Cullina LLP
                                                                           Two Whitney Avenue
                                                                           P.O. Box 704
                                                                           New Haven, CT 06503
                                                                           (203) 772-7000
                                                                           (203) 772-7723 - fax

Intervenor                                                            Its Representative

The Connecticut Light and Power Company                   Daniel Venora
                                                                            Associate General Counsel
                                                                            Northeast Utilities Service Company
                                                                            P.O. Box 270
                                                                            Hartford, CT 06141-0270
                                                                            (860) 665-3395
                                                                            (860) 665-5504 - fax

Intervenor                                                            Its Representative

City of Middletown                                                   Timothy P. Lynch
                                                                            Deputy City Attorney
                                                                            City Attorney's Office
                                                                            City of Middletown
                                                                            245 deKoven, P.O. Box 1300
                                                                            Middletown, CT 06457-1300
                                                                            (860) 344-3422
                                                                            (860) 344-3499 - fax

Intervenor                                                             Its Representative

Connecticut River Watershed Council, Inc.                    Christopher Joyell
                                                                            Ct. River Watershed Council, Inc.
                                                                            DeKoven House Community Center
                                                                            27 Washington Street
                                                                            Middletown, CT 06457
                                                                            (860) 704-0057
                                                                            (860) 528-3588 - fax

Content Last Modified on 12/5/2002 8:55:16 AM