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FARRELL FRITZ PROFESSIONAL CORPORATION EAB PLAZA Uniondale, New York 11556-0120 (516)227-0700 FACSIMILE: (516)227-0777

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FARRELL FRITZ PROFESSIONAL CORPORATION EAB PLAZA Uniondale, New York 11556-0120 (516)227-0700 FACSIMILE: (516)227-0777 FARRELL FRITZ PROFESSIONAL CORPORATION EAB PLAZA Uniondale, New York 11556-0120 (516)227-0700 FACSIMILE: (516)227-0777 WRITER'S DIRECT DIAL NUMBER (516)227-0624 [email protected] -^JlSUjrr, arv* JU ELAINE R. SAMMON k January 15,2002 OUR FILE NUMBER 5653-117 VIA FEDERAL EXPRESS Hon. Janet Hand Deixler Secretary to the Siting Board 3 Empire State Plaza Albany, NY 12233-1350 Re: Brookhaven Energy Project - Case 00-F-0566 Dear Secretary Deixler: Enclosed please find five copies of the Testimony and Exhibits of the witnesses on behalf of the Town of Brookhaven. Very truly yours, " ^/^j^^ /\ ^J^^-^7^5- Elaine R. Sammon ERS:sk Enclosures FFDOCS1\456835.1 FARRELL FRITZ PROFESSIONAL CORPORATION EAB PLAZA Uniondale, New York 11556-0120 (516)227-0700 FACSIMILE: (516)227-0777 WRITER'S DIRECT DIAL NUMBER (516)227-0624 [email protected] ELAINE R. SAMMON January 10,2002 Via E-Mail and First Class Mail 5653-117 Hon. Walter T. Moynihan Office of Hearings and ADR, New York State Public Service Commission Three Empire State Plaza New York, NY 12233-1350 Hon. Daniel P. O'Connell Office of Hearings and Mediation Services N YS Department of Environmental Conservation 625 Broadway, \st floor Albany, NY 12233-1550 Re: Brookhaven Energy Project - Case 00-F-0566 Dear Judges Moynihan and O'Connell: Per your December 5, 2001 Order, enclosed are the Testimony and Exhibits of the witnesses on behalf of the Town of Brookhaven. These enclosures consist of: Lee Koppelman - Direct Testimony Koppelman Exhibit A - Curriculum Vitae Koppelman Exhibit B - Cultural Resources: Historical and Archaeological John Shafer - Direct Testimony Shafer Exhibit 1 - Curriculum Vitae Shafer Exhibit 2 - Three (3) site location maps titled Brookhaven, Blackstone, and Bellingham Energy, respectively. Shafer Exhibit 3 - Decommissioning cost analysis. E-mail contains detail. Regular mail contains summary only. James F. Palmer - Direct Testimony Palmer Exhibit 1 - Curriculum Vitae Hon. Walter T. Moynihan Hon. Daniel P. O'Connell January 9,2002 Page 2 Palmer Exhibit 2 - Form 6 - VRAP Rating Sheet - Solzenitzyn (regular mail only) Palmer Exhibit 3 - Form 6 - VRAP Rating Sheet - Wolfgang (regular mail only) D.T. Froedge - Direct testimony Froedge Exhibit 1 - Curriculum Vitae Copies are being filed with the Secretary of the Siting Board and served on the active parties via first class mail today. E-mail copies are being served on participants on the active parties list who prefer e-mail service. Very truly yours. Elaine R. Sammon ERS/sk Enclosures cc: Hon. Janet Hand Deixler, Secretary to the Siting Board Active parties FFDOCS1V455783.1 •^ NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT In the Matter of the Application of BROOKHAVEN ENERGY LIMITED PARTNERSHIP. For a Certificate of Environmental Compatibility Case No.: 00-F-0566 and Public Need to Construct and Operate a 580 Megawatt Generating Facility in the Town of Brookhaven, County of Suffolk. TOWN OF BROOKHAVEN PRE-FILED DIRECT TESTIMONY OF LEE E. KOPPELMAN Testimony of Lee E. Koppelman Q. Please state your name and business address. A. Lee E. Koppelman. My office address is the Center for Regional Policy Studies at Stony Brook University, Stony Brook, New York 11794-4395. Q. What is your occupation? A,iaI?a l"l9i0nal land use planner Since 1988- ' have been Leading Professor of Political Science and Director of the Center for Regional Policy Studies at SUNY Stony Brook. I am also a consultant on land use and zoning matters and I serve as the Executive Director of the Long Island Regional Planning Board. Q. What is your educational background? A. My undergraduate degree is from City College of New York's School of Engineering. I also have a Master of Science (Planning) from the Pratt Institute and a doctorate in Public Administration from New York University. Q. I show you a 13 page document entitled "Lee E. Koppelman," marked Ex A Does this summarize your education, experience, and publications in the field of land use planning? A. Yes it does. Q. Please state your experience with land use planning and zoning in Suffolk A. I was Director of Suffolk County's Department of Planning from 1960 to 1988 where my responsibilities were as follows: I was Director of the Suffolk County Planning Department from 1960 to 1988 where my responsibilities included all issues dealing with land use matters e'q planning, zoning, review of subdivisions, etc. ' In addition I served as a Director of the Suffolk County Sewer Agency, Chairman of the Farm Protection Acquisition Committee, Chair of the Centralized Court Facilities Program, and numerous other specific planning studies. From 1965 to the present, I have served as the Executive Director of the Long Island Regional Planning Board. In that capacity, my responsibility has been for ail aspects of comprehensive regional planning covering Nassau and Suffolk Counties. This has included major multi-million dollar studies dealing with solid waste management, groundwater protection, coastal zone management transportation, housing and energy. With regard to this latest item, I offer the following examples: History of Long Island Regional Planning Board to energy issues on Long Island: 1. From 1960 to present, I worked with LILCO Rate Specialist O'Connor and his successors on annual population estimates of Nassau and Suffolk Counties. Under my supervision, my office prepared the estimates based on building permits for developed land use: LILCO did their annual estimates based on meter counts, adjusted for household size; the printing expenses were borne by LILCO and currently bv LIRA. 2. Supported LILCO in their efforts to obtain local permits for Shoreham nuclear generating facility on an approximately 900 acre site at Shoreham, Town of Brookhaven. The Plant was built but decommissioned. 3. I served as Project Director of the first Comprehensive Energy Plan for Long Island, published in 1991. 4. I was Project Director of the Comprehensive Evacuation Plan for the Shoreham Nuclear Power Plant. Q. Please state your experience with land use planning and zoning in the Town of Brookhaven. A. I have served as Planning Consultant to the Town of Brookhaven for the past nine years. In that capacity I served as the consultant to the Supervisor, Town Board and Planning Department on all planning matters related to the Town. A major part of that work included the responsibility for the preparation of Brookhaven's Comprehensive Land Use Plan, which was based on the plan development of individual plans for each of the hamlets within the Town. This included the development of comprehensive hamlet land use plans for: the Longwood Alliance (Yaphank, Middle Island), Manorville, the Three Village Area, Mount Sinai, Sound Beach, Miller Place, Rocky Point, Shoreham/Wading River, Medford, Mastic, Shirley, Moriches, Center Moriches, East Moriches, Eastport and Gordon Heights. In addition, I served as the Chairman of the Special Committee to Examine the Pros and Cons of a Ward System for the Town, and I have been and continue to serve as the Chairman of the Brookhaven Open Space Acquisition Committee, with the responsibility for recommendations in accordance with the Town's referendum allocating funds for open space acquisitions. Q. Are you aware of the provisions of the zoning code of the Town of Brookhaven? A. Yes. The Zoning Code establishes zoning districts for residential, commercial, and industrial activities. Height and set back requirements are specified within particular districts. The Town Code also contains provisions relating to noise. One of my responsibilities over the past nine years has been to recommend amendments to the existing code and, equally important, to recommend changes to existing zoning, which has affected hundreds of parcels in all three categories of residential, commercial and industrial usage. This has resulted in Town Board actions on their own motion to rezone a significant number of parcels, particularly in the J-2 category and in the industrial categories for more suitable uses. There were also major actions taken for the upzoning of residential parcels to preserve all the cultural, environmental and economic goals of the Town's overall planning. It is significant to recognize that zoning, as a planning tool, which in the main deals with use, bulk and density, is in its very essence, the legal mechanism by which town's strive to avoid "nuisance" and obnoxious uses. This governmental purpose has been true since the initiation of zoning in London centuries ago. By zoning regulation, government strives to improve the health, safety and general welfare of the populace by eliminating or controlling where absolutely necessary toxic, hazardous and other nuisance uses within developed communities. Q. What is the purpose of zoning codes? A. The concept of zoning is to protect the public health and safety and the public interest with respect to the use and development of land. Zoning came into use in the early part of the 20,h century and gradually began to displace attempts to regulate land development by means of complex covenants and restrictions in land titles. The contemporary concept of zoning is to regulate land use, bulk and density through zoning codes promulgated in response to comprehensive land use plans, taking a wide variety of factors into account, including aesthetics, overcrowding of land, visual impacts, noise, historic sites, traffic and transportation, among others. Q. What are the Brookhaven Town Code's provisions relative to electric generating facilities? A. Electric Generating plants are permitted as of right in the "L-4" zone, which includes the 900 acre property in the hamlet of Shoreham in the Northeastern part of the Town in which the Shoreham Nuclear facility was constructed, but was later decommissioned and dismantled. Electric generating plants are allowed only with a special use permit in the "L-1" zone, which includes the property proposed as the site for the Brookhaven Energy facility in this application.
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