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State of New York Public Service Commission Opinion

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State of New York Public Service Commission Opinion STATE OF NEW YORK PUBLIC SERVICE COMMISSION OPINION NO. 95-6 CASE 91-E-0529 - Application of Central Hudson Gas & Electric Corporation for a Certificate of Environmental Compatibility and Public Need in Connection with the Reconstruction of the Existing P and MK Transmission Lines and Associated Substation Facilities in Ulster County. OPINION AND ORDER GRANTING CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED Issued and Effective: May 23, 1995 CASE 91-E-0529 TABLE OF CONTENTS Page APPEARANCES INTRODUCTION 1 THE SETTLEMENT AGREEMENT 4 THE RECOMMENDED DECISION 8 NEED FOR THE FACILITY - POST-RECOMMENDED DECISION REQUEST FOR FURTHER EVIDENTIARY HEARING 9 HERBICIDE APPLICATION 10 Historic District 11 Town of Rosendale 11 Minnewaska State Park 12 O&W RAILROAD TRESTLE IMPROVEMENTS 13 REVISED STORM WATER POLLUTION REGULATIONS 14 LINE ROUTING ISSUES NOT RESOLVED BY THE STIPULATION 14 Introduction 14 Rosendale, New York 15 1. Route 32 Crossing and Cornell Hill - The Wallkill Alternative 16 2. Joppenbergh Mountain 17 3. Historic District 18 4. Conclusion as to Routing Recommendations at Rosendale 19 Routing in the Carlson/ Sheeley/Taussig-Moore Area 20 CONCLUSION 22 ORDER 24 ATTACHMENTS CASE 91-E-0529 Page 1 of 4 APPEARANCES FOR CENTRAL HUDSON GAS & ELECTRIC CORPORATION: Gould & Wilkie (by Robert J. Glasser, Esq. and Eric O. Costello, Esq.), One Chase Manhattan Plaza, New York, New York 10005. FOR NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE: Saul A. Rigberg, Esq., Staff Counsel, Three Empire State Plaza, Albany, New York 12223. FOR OFFICE OF Parks, RECREATION AND HISTORIC PRESERVATION: Lloyd Adams, III, Esq., Assistant Counsel for Historic Preservation, One Empire State Plaza, Albany, New York 12238. FOR NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION: Keith J. Silliman, Esq., 50 Wolf Road, Room 608, Albany, New York 12233. FOR NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS: Diane B. Smith, Esq., One Winners Circle, Capital Plaza, Albany, New York 12233. FOR ASSEMBLYMAN MAURICE HINCHEY: John J. Mavretich, Burroughs Drive, Box 36, West Park, New York, New York 12493. FOR WALLKILL VALLEY RAILROAD COMPANY: Marvin Beatty, Wallkill Valley Railroad Company, P.O. Box 460, Rosendale, New York 12472. FOR JOPPENBERGH MOUNTAIN CORPORATION: Ernest DeWitt, P.O. Box 57, Rosendale, New York 12472. FOR NEW YORK Parks AND CONSERVATION ASSOCIATION: Richard White-Smith, Executive Director, 35 Maiden Lane, Albany, New York 12201. CASE 91-E-0529 Page 2 of 4 FOR ROSENDALE ENVIRONMENTAL COMMISSION: Frederick R. Fritschler, P.O. Box 159, Rosendale, New York 12472. FOR SUE ELLEN SHEELEY: Cohen, Dax, Koenig & Wiles (John Dax, Esq. and Joshua Noah Koenig, Esq.), 126 State Street, Albany, New York 12207. FOR THE TOWN OF ROSENDALE: Beatrice Havranek, Rosendale Town Supervisor, P.O. Box 423, Rosendale, New York 12472. Edward J. Carroll, Esq., Rosendale Town Attorney, 2733 Route 209, Kingston, New York 12401. FOR CENTURY HOUSE HISTORICAL SOCIETY: Gayle Grunwald, President, Route 213, P.O. Box 150, Rosendale, New York 12472. FOR IRON MOUNTAIN RECORDS MANAGEMENT COMPANY AND CRITERION ATLANTIC PROPERTIES, INC: Don Hughes, P.O. Box 86, Rosendale, New York 12472. FOR PALISADES INTERSTATE Park COMMISSION: Robert O. Binneweis, Executive Director, Bear Mountain, New York 10911. FOR THE TOWN OF WAWARSING: Joseph P. Stoechler, Jr., Supervisor, Town of Wawarsing, Town Hall, 108 Canal Street, Ellenville, New York 12420 FOR THE TOWN OF SHAWANGUNK: Kevin V. Hunt, Supervisor, Wallkill, New York 12859. FOR THE TOWN OF CRAWFORD: Robert P. Adams, Chairman of Town Planning Board, P.O. Box 367, Pine Bush, New York 12566. CASE 91-E-0529 Page 3 of 4 FOR THE TOWN OF PLATTEKILL: Jacobowitz & Gubits (Douglas Zamelis, Esq.), P.O. Box 367, Walden, New York 12586. FOR THE TOWN OF MONTGOMERY: Carl Helstrom, Supervisor, Montgomery Town Hall, 74 Main Street, Walden, New York 12586. FOR ULSTER COUNTY PLANNING BOARD: Herbert Hekler, Director, County Office Building, 244 Fair Street, Kingston, New York 12401. FOR THE SIERRA CLUB: James T. Mays, Representative, 2545 Samsonville Road, Oliverbridge, New York 12461. FOR NEW YORK FARM BUREAU: Paul McDowell, Local Issues Specialist, P.O. Box 992, Glenmont, New York 12077. FOR RIDGE AND VALE ALLIANCE: Bruce Mardiney, Representative, 147A Mountain Road, Rosendale, New York 12472. FOR FRIENDS OF SHAWANGUNK OPEN SPACE INSTITUTE: Robert K. Anderberg, Esq., Route 1, Box 400A, High Falls, New York 12440. FOR D&H CANAL HISTORICAL SOCIETY: Dr. Robert McBride, President, Rural Route 1, P.O. Box 147A, Kerhonkson, New York 12466. PRO SE: Michael T. Taussig and Rachel Moore, Fairview Avenue, P.O. Box 211, High Falls, New York 12440. Manna Jo Greene, 41 Cottekill Road, Cottekill, New York 12419. CASE 91-E-0529 Page 4 of 4 Harry A. Carlson and Phyllis C. Carlson, 46 Fairview Avenue, High Falls, New York 12440. Joseph Esposito, P.O. Box 406, Rosendale, New York 12472. Dietrich Werner, P.O. Box 212, Rosendale, New York 12472. James Schaeffer, Route 32, Rosendale, New York 12472. Harold Hanig and Dorothy Hanig, P.O. Box 70, Rosendale, New York 12472. STATE OF NEW YORK PUBLIC SERVICE COMMISSION COMMISSIONERS: Harold A. Jerry, Jr., Chairman Lisa Rosenblum William D. Cotter Raymond J. O’Connor John F. O’Mara CASE 91-E-0529 - Application of Central Hudson Gas & Electric Corporation for a Certificate of Environmental Compatibility and Public Need in Connection with the Reconstruction of the Existing P and MK Transmission Lines and Associated Substation Facilities in Ulster County. OPINION NO. 95-6 OPINION AND ORDER GRANTING CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED (Issued and Effective May 23, 1995) BY THE COMMISSION: INTRODUCTION On May 28, 1991, Central Hudson Gas & Electric Corporation (Central Hudson, the applicant, or the company) filed an application pursuant to Article VII of the Public Service Law (PSL) for a Certificate of Environmental Compatibility and Public Need authorizing the company to reconstruct, replace, and upgrade from 69 kV design to 115 kV design, two existing transmission CASE 91-E-0529 lines ("P" and "MK"), both located in Ulster County, and to modify six substations serving these lines.1 Notwithstanding repairs and replacements, the lines have suffered physical and technical obsolescence. Central Hudson regards them as outdated and in need of replacement. Studies conducted by the company have shown the need to upgrade the lines to operate at 115 kV in the future. In its Article VII application, Central Hudson proposed to use the existing right- of-way as its preferred route, together with some improvements in existing easements, to provide a wider, uniform right-of-way for the single circuit segments. In addition, a wider right-of-way was proposed for the double-circuit segment between Kerhonkson and Honk Falls. The estimated cost of the proposed transmission lines, including right-of-way acquisition, is $15,832,000 (in 1991 dollars). Construction would be phased over a ten-year period.2 The estimated cost of the proposed substation 1 Built in stages during the 1920’s and 1930’s, the P- Line extends from an interconnection at the existing Sturgeon Pool Substation in the Town of Rosendale to interconnections with the existing Rosendale, High Falls, and Accord Substations, from which the line continues to an interconnection with the existing Kerhonkson Substation in the Town of Wawarsing, and thence to the interconnection at the existing Honk Falls Substation in the Town of Wawarsing. Local loads are served from the above Substations. The P-Line routing follows, in part, the abandoned Delaware and Hudson Canal ("D&H Canal") in the segment between the New York State Thruway to the High Falls Substation and in segments to the west of the Kerhonkson Substation. The MK-Line extends from an interconnection at the existing Modena Substation in the Town of Plattekill through the existing Galeville Substation in the Town of Gardiner, from which it traverses what is now Minnewaska State Park, to an interconnection at the existing Kerhonkson Substation in the Town of Wawarsing, and thence to an interconnection at the existing Honk Falls Substation, also in the Town of Wawarsing. In the Kerhonkson-Honk Falls segment, the P and MK-Lines have been constructed in double-circuit configuration. 2 Latest estimates indicate that construction would be phased over a five-year period. -2- CASE 91-E-0529 construction is $17,238,000 (in 1991 dollars). Public statement hearings were held between August 20, 1991 and September 23, 1993. At these sessions, topics discussed included routing and construction within Minnewaska State Park (Minnewaska or the Park); potential health hazards associated with electromagnetic fields (EMF); routing segments of the P-Line within various portions of the Town of Rosendale and High Falls, in the Snyder Estate Natural Cement Historic District (Historic District), along the D&H Canal, in the Cornell Hill area east of Route 32 (Cornell Hill), and on Dr. Taussig and Ms. Moore’s property; and the use of herbicides in the Town of Rosendale. Active parties in this proceeding are the applicant, staff of the Department of Public Service (staff), Office of Parks, Recreation and Historical Preservation (OPRHP), Assemblyman Maurice Hinchey,3 New York State Department of Agriculture and Markets (Ag. & Markets), New York State Department of Environmental Conservation (DEC), Wallkill Valley Railroad Company, Inc. (Wallkill Railroad), Joppenbergh Mountain Corporation (Joppenbergh), New York Parks and Conservation
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