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August 8, 2019 VIA ELECTRONIC FILING Hon. Kathleen H. Burgess

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August 8, 2019 VIA ELECTRONIC FILING Hon. Kathleen H. Burgess August 8, 2019 VIA ELECTRONIC FILING Hon. Kathleen H. Burgess New York State Board on Electric Generation Siting and the Environment Empire State Plaza, Agency Building 3 Albany, New York 12223-1350 Re: Case No. 18-F-0758—Application of Astoria Generating Company, L.P. for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Approval to Repower its Gowanus Generating Facility Located in Brooklyn, Kings County, New York (“Gowanus Repowering Project”) NOTICE OF COMMENCEMENT OF STIPULATION PROCESS Dear Secretary Burgess: On May 15, 2019, Astoria Generating Company, L.P. (“AGC”) filed with the New York State Board on Electric Generation Siting and the Environment (the “Siting Board”), in the above captioned matter, the Preliminary Scoping Statement (“PSS”) for the Gowanus Repowering Project (the “Project”) under Article 10 of the Public Service Law (“Article 10”) and the Siting Board’s Rules and Regulations found at 16 NYCRR Part 1000. On June 26, 2019, agency and public comments to the PSS were filed and on July 17, 2019, AGC filed a summary of the PSS comments and responses thereto. On July 16, 2019, a pre-application procedural conference was held before Presiding Examiners Erika Bergen, Sean Mullany and Daniel O’Connell to discuss requests for intervenor funding and the initiation of the Article 10 Stipulation Process, as defined and further discussed below. At the conference, AGC indicated that as soon as the Presiding Examiners ruled on the award of intervenor funding, AGC would be prepared to commence the Stipulation Process. On July 30, 2019, the Presiding Examiners issued their Ruling Confirming Pre-Application Award of Intervenor Funding. Pursuant to Article 10 § 163(5), and 16 NYCRR § 1000.5(j), AGC, as the Project applicant, may seek agreement by stipulation as to any aspect of the PSS and/or the methodology or scope of any study undertaken or to be undertaken to support the Article 10 Application (the “Stipulation Process”). Therefore, AGC is hereby giving this Notice of Commencement of Stipulation Process that it intends to confer with agencies and other stakeholders interested in participating in negotiations relating to such stipulations. Stipulations aid the Article 10 process by ensuring that the Application submitted is complete and by narrowing the issues to be adjudicated, if any, during the hearing phase of the Article 10 process. During the Stipulation Process, AGC anticipates discussing the proposed scope and methodology of the studies, analyses and information required to be presented in the exhibits to the Article 10 Application. AGC requests that any party or other stakeholder seeking to participate in the pre- application Stipulation Process notify AGC by no later than August 27, 2019, by emailing AGC at [email protected] or calling 1-833-617-9547, indicating an intent to participate (with contact information). Participation of staff from the Department of Public Service (“DPS”), Department of Environmental Conservation (“DEC”), and Department of Health (“DOH”) (collectively, “Agency Staff”) is assumed. Agency Staff need not do anything further at this time. Please be advised that the pre-application Stipulation Process is subject to the confidentiality protections and restrictions set forth in 16 NYCRR § 3.9(d). 16 NYCRR § 3.9(d), provides that “[p]articipating parties, their representatives and other persons attending settlement negotiations shall hold confidential such discussions [including and] admissions, concessions and offers to settle, and shall not disclose them outside the negotiations except to their principals, who shall also be bound by the confidentiality requirement . .” Consequently, after August 27, 2019, all future notices and communications regarding the Stipulation Process will be served only on Agency Staff and others who have indicated their intention to participate in the pre- application Stipulation Process (collectively, the “Stipulation Process Participants”). To facilitate the Stipulation Process, shortly after August 27, 2019, the deadline to become a Stipulation Process Participant, AGC will circulate a confidential draft of proposed stipulations in Microsoft Word and PDF format by email to the Stipulation Process Participants. The initial draft will be based, in part, on the agency and public comments received on the PSS and other discussions with Agency Staff. In working with the Stipulation Process Participants, AGC will facilitate a reasonable schedule for review of, comment upon, and revisions to, the stipulations. AGC suggests that at least the initial consideration and written comment on the draft stipulations occur electronically (comments in Microsoft Word format using track changes will be acceptable) and, thereafter, AGC or any other Stipulation Process Participant may propose teleconferences or in-person meetings, as needed, to discuss specific issues and to finalize agreement on the proposed stipulations. For those Stipulation Process Participants who do not have access to computers, AGC will arrange for delivery/pick-up of hard copies by hand or overnight mailing. At the close of the negotiations, AGC will file a copy with the Secretary of the Siting Board and provide notice of the final draft of the proposed stipulations to allow the public and other stakeholders an opportunity to submit comments on the proposed stipulations. This Notice of Commencement of Stipulation Process is being served on all parties to the Article 10 proceedings and all other entities listed on the Project’s Notification List (Appendix A attached), which list is continuously updated through the Project’s public outreach efforts and communications. An affidavit of service will be filed accordingly. AGC further certifies that all appropriate persons and parties will have been notified of the pendency of the Stipulation Process as required by 16 NYCRR § 3.9(a)(1)(iii). If any of the recipients of this letter have comments, questions or concerns with respect to the Stipulation Process outlined above, please provide those comments along with the notice of intention to participate in the Stipulation Process and AGC will promptly respond as appropriate. In general, all public documents relating to the Project may be reviewed on the Project website at www.repoweringbrooklyn.com, and on the Siting Board website at http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=18-f- 0758&submit=Search, as well as in hard copy at locally designated document repositories: th • Brooklyn Community Board 7, 4201 4 Avenue, Brooklyn NY 11232 • Brooklyn Public Libraries th o Sunset Park, 4201 4 Avenue, Brooklyn NY 11232 o Red Hook, 7 Wolcott St, Brooklyn, NY 11231 o Park Slope, 431 6th Avenue, Brooklyn, NY 11215 Further, if you know of anyone who is not on the attached Notification List and who may be interested in monitoring or participating in the Article 10 proceedings, please tell them that they may provide us with an email or mailing address for inclusion on the Notification List by emailing [email protected] or calling 833-617-9547. Please also use the email address or toll free telephone number if you have any specific questions regarding the Project or the Article 10 process. Additionally, if you would like to be removed from the Notification List or wish to change your mode of receipt from hard copy to email, please let us know that as well. If you wish to become a formal Party to the proceedings, information regarding that process is available on the general Siting Board website at www.dps.ny.gov/SitingBoard/. 有关您首选语言的更多信息，请发送电子邮件至 [email protected] Para mayor información en su lenguaje de preferencia, por favor envíe un correo electrónico a [email protected] Respectfully submitted, John P. Reese Senior Vice President Attachment (Current Notification List) Cc: All Project Parties and Notification List Gowanus Repowering Project Case No. 18-F-0758 Appendix A Stakeholder Notification Listi Updated as of August 6, 2019 Gowanus Repowering Project Case No. 18-F-0758 Federal – Elected Representatives/Agencies Hon. Kirsten E. Gillibrand Hon. Charles E. Schumer United States Senator United States Senator 780 Third Avenue, Suite 2601 780 Third Avenue, Suite 2301 New York, NY 10017 New York, NY 10017 212‐688‐6262 212‐486‐4430 Hon. Nydia M. Velazquez Hon. Jerry Nadler U.S. Representative, District 7 U.S. Representative, 10th District 266 Broadway, Suite 201 201 Varick Street Brooklyn, NY 11211 New York, NY 10014 718‐599‐3658 Phone: 212-367-7350 Peter D. Lopez, Regional Administrator Captain Jason Tama Environmental Protection Agency, Region 2 Commander, Sector New York Captain of the 290 Broadway Port New York, NY 10007 U.S. Coast Guard 877-251-4575 212 Coast Guard Drive Staten Island, NY 10305 718-354-4353 Colonel Thomas D. Asbery Wendi Weber, Regional Director U.S. Army Corps of Engineers U.S. Fish & Wildlife Service 26 Federal Plaza, Rm 2113 Northeast Region New York, NY 10278 300 Westgate Center Dr. 917‐790‐8007 Hadley, MA 01035 413‐253‐8300 Marie Kennington‐Gardiner Diane Rinaldo, Assistant Secretary Regional Administrator Eastern Region National Telecommunications and Information U.S. Federal Aviation Administration Administration 159‐30 Rockaway Blvd. 401 Constitution Avenue, N.W. Jamaica, NY 11434‐4848 Washington, D.C.20230 718‐977‐6750 202‐482‐1840 Steven T. Papa U.S. Fish and Wildlife Service Long Island Field office 340 Smith Rd Shirley, NY 11967 (631) 286-0485 (tel) 631) 286-4003 (fax) [email protected] State – Elected Representatives/Agencies The Honorable Andrew M. Cuomo Hon. Letitia James Governor of New York State Office of the Attorney General NYS State Capitol Building The Capitol Albany, NY 12224 Albany, NY 12224 518‐474‐8390 Gowanus Repowering Project Case No. 18-F-0758 Hon. Felix Ortiz, State Assemblyman Hon. Velmanette Montgomery, State Senator Assembly District 51 Senate District 25 4907 4th Avenue, Suite 1A 30 Third Avenue, Suite 207 Brooklyn, NY 11220 Brooklyn, NY 11217 718‐492‐6334 718‐643‐6140 Hon. Nicole Malliotakis, State Assemblyperson Hon.
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