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Cohen & Dax, P.E ,y:, ..,- - (.-.::)~ Y u'£" ()~....J Cohen & Dax, P.e. ATTORNEYS 90 State Street, Suite 1030 Jeffrey C. Cohen Albany, New York 12207 John W. Dax www.cohendax.com Telephone: (518) 432-1002 Facsimile: (518)432-1028 Service via facsimile and email not accepted ,•.. _~ February 22,2008 ,"" , ; -' Via Hand Delivery .: ,) f0 ) Hon. Jaclyn A. Brilling, Secretary NYS Department of Public Service Three Empire State Plaza Albany, New York 12223-1350 Re: Case 08-T-0034 - Hudson Transmission Partners, LLC Application for a Certificate of Environmental Compatibility and Public Need Dear Secretary Brilling: Hudson Transmission Partners ("HTP") makes this submission to supplement its Application, dated and filed on Jan 15,2008, and to withdraw the motion filed on the same date by which HTP sought (i) a waiver ofthe requirements of Sections 85-2.9(d)(2) and 86.10 ofthe Commission's rules, (ii) confirmation that the proposed facility is in a National Interest Electric Transmission Corridor and (iii) permission to delay the filing of the System Reliability Impact Study ("SRIS") required by Section 88.4(a)(4). This submission is also responsive to your letter dated February 13, 2008. By its January 15 motion (noticed for comment in a ruling dated February 4, 2008), HTP sought relief from the requirements to include in the Application cost information (Section 86.10) and maps showing the archeological, historic, and other resources within a two mile corridor as required by Section 86.3(a)(l)(iii), as modified by Section 85-2.9(d)(2). With the attachments to this letter, HTP supplements its Application in both those regards, submitting herewith Figure 4-6A, and Table 4-6A and a new Exhibit 9. HTP also sought permission to delay the submittal of the SRIS as approved by the Transmission Planning Advisory Committee ("TP AS") of the New York Independent System Operator ("NYISO"). With this letter, HTP is submitting the SRIS, which was approved by TPAS on February 21,2008. HTP is also supplementing its application with the submission of a new page Exhibit E-3-9; new Figures E-3-1(c), E-3­ Hon. Jaclyn A. Brilling, Secretary NYS Department of Public Service February 22,2008 Page 2 I(d) and E-3-2; and new Figure E-4-1. Finally, we enclose a corrected cover page to Exhibit E-4 and a corrected page E-4-1. New page E-3-9 and Figures E-3-1 and E-3-2 provide the information identified in Item I of your February 13 letter. Figure E-4-1 provides the drawing identified in Item 2. Figure 4-6A and Table 4-6-A provide the information discussed in Item 3. Exhibit 9 provides the information discussed in Item 5. HTP is withdrawing the request discussed in Item 4. The SRIS, discussed in Item 6 of your February 13 letter, is enclosed. HTP is submitting Exhibit 9 in redacted form, consistent with the Commission's rules governing the treatment of records that a submitting party seeks to have protected from public disclosure under the Freedom ofInformation Law (Public Officers Law, Section 84, et seq.). HTP is submitting a request to the Administrative Law Judge William Bouteiller for a determination that the redacted information included in Exhibit 9 is confidential information eligible for protection from public disclosure; a copy ofthat request is enclosed. With the Application thus supplemented, HTP no longer seeks waiver of, or permission to delay complying with, any requirements governing the contents of applications pursuant to Article VII of the Public Service Law. As a consequence, HTP is withdrawing its January 15 motion. Proof of service of this letter and attachments on the parties listed on the attached service list is enclosed. JWD:lmm Enclosures cc: Attached Service List Service List for HTP Supplemental Filing 2/22/2008 Mayor Michael R. Bloomberg Scott M. Stringer, Manhattan Borough President City Hall 1 Centre Street, 19th Floor New York, NY 10007 New York, NY 10007 Pete Grannis, Commissioner Elizabeth Hohenstein NYS Dept. of Environmental Conservation NYS Dept. of Environmental Conservation 625 Broadway 625 Broadway Albany, NY 12223-1011 Albany, NY 12223-1011 William Little, Esq. Pat Foye, Downstate Chair NYS Dept. of Environmental Conservation Empire State Development Corp. 625 Broadway 633 Third Avenue Albany, NY 12223-1011 New York, NY 10017-6706 Patrick M. Hooker, Commissioner Hon. Lorraine Cortes-Vasquez, Secretary of State NYS Dept. of Agriculture and Markets NYS Department of State 1DB Airline Drive 41 State Street Albany, NY 12235 Albany, NY 12231-0001 Jeff Zappieri Assemblyman Richard N. Gottfried NYS Department of State 75th Assembly District Division of Coastal Resources 242 West 27th Street 41 State Street New York, NY 10001 Albany, NY 12231-0001 Carol Ash, Commissioner Senator Thomas K. Duane NYS Office of Parks, Recreation and 29th Senate District Historic Preservation 322 Eighth Avenue, Suite 1700 Empire State Plaza, Agency Bldg. New York, NY 10001 Albany, NY 12238 Douglas Currey, Director, Region 11 Donna K. Hintz, Esq. NYS Dept. of Transportation NYS Dept. of Transportation Hunters Point Plaza Office of Legal Affairs, Legal Services Div. 47-40 21st Street 50 Wolf Road Long Island City, NY 11101 Albany, NY 12232 Service List for HTP Supplemental Filing 2/22/2008 New York Public Library John Bhagwandin, Branch Librarian History & Social Sciences Dept., 5th Floor Mid-Manhattan Library 127 East 58th Street 455 Fifth Avenue New York, NY 10022 New York, NY 10016 Jean-Daniel Noland, Chairman Hon. Christine C. Quinn, Speaker Manhattan Community Board NO.4 District 3 Council Member 330 W. 42nd Street, 26th Floor 224 West 30th Street, Suite 1206 New York, NY 10036 New York, NY 10001 John Beck, Section Manager, Transmission Planning Jeffrey L Riback, Esq., Assistant General Counsel Consolidated Edison Co. of New York, Inc. Consolidated Edison Co. of New York, Inc. 4 Irving Place, Room 1450S 4 Irving Place, Room 1820 New York, NY 10003 New York, NY 10003 James de Waal Malefyt, Staff Project Manager Richard M. Cogen, Esq. NYS Dept. of Public Service Nixon Peabody LLP Office of Electricity & Environment 30 South Pearl Street 3 Empire State Plaza Albany, NY 12207 Albany, NY 12223-1350 Christopher Hocker,Vice President, Planning David G. Drexler, Esq., Assistant Counsel Hudson Transmission Partners, LLC NYS Dept. of Public Service 501 Kings Highway East 3 Empire State Plaza Suite 300 Albany, NY 12223 Fairfield, Connecticut 06825 William Bouteiller, Administrative Law JUdge NYS Dept. of Public Service 3 Empire State Plaza Albany, NY 12223 NEW YORK STATE PUBLIC SERVICE COMMISSION IN THE MATTER -of the- Application of Hudson Transmission Partners, LLC for a Certificate of Environmental Compatibility and Case No. 08-T- 0034 Public Need for a 345 Kilovolt SubmarinelUnderground Electric Transmission Link Between Manhattan and New Jersey AFFIDAVIT OF SERVICE Amelia K. Butler, being duly sworn, deposes and says: I am over the age of 18, I am not a party to this action, and I am employed by the law firm of Cohen & Dax, P.C., 90 State Street, Suite 1030, Albany, New York 12207. On February 22,2008, I caused to be delivered a true and correct copy of the Supplement to Application of Hudson Transmission Partners, LLC for a Certificate of Environmental Compatibility and Public Need, which includes new and corrected figures and exhibit pages as follows: Figure 4-6A, Table 4-6A, Exhibit 9, Exhibit E-3-9, Figures E-3-I(c), E­ 3-1(d) and E-3-2, and Figure E-4-1, the cover page to Exhibit E-4, page E-4-1, and the System Reliability Impact Study, to the persons at the addresses shown on the attached list. Service was accomplished by First Class Mail or personal service, as indicated on the attached service list. I declare, under penalty ofperjury, that the foregoing is true and correct. Dated: February 22, 2008 Sworn to before me this nd 22 ~~I/~~~~~~ew York Reg. No. 02DA6131341 Qualified i ,?Iu bia Counfy Notary Public: Service List for HTP Supplemental Filing 2/22/2008 Scott M. Stringer, Manhattan Borough President Mayor Michael R. Bloomberg 1 Centre Street, 19th Floor City Hall New York, NY 10007 New York, NY 10007 Service via 1" Class Mail Service via t" Class Mail Pete Grannis, Commissioner Elizabeth Hohenstein NYS Dept. of Environmental Conservation NYS Dept. of Environmental Conservation 625 Broadway 625 Broadway Albany, NY 12223-1011 Albany, NY 12223-1011 Service via 1" Class Mail Service via 1" Class Mail William Little, Esq. Pat Foye, Downstate Chair NYS Dept. of Environmental Conservation Empire State Development Corp. 625 Broadway 633 Third Avenue Albany, NY 12223-1011 New York, NY 10017-6706 Service via t" Class Mail Service via t" Class Mail Patrick M. Hooker, Commissioner Hon Lorraine Cortes-Vasquez, Secretary of State NYS Dept. of Agriculture and Markets NYS Department of State 1OB Airline Drive 41 State Street Albany, NY 12235 Albany, NY 12231-0001 Service via t" Class Mail Service via t" Class Mail Jeff Zappieri Assemblyman Richard N. Gottfried NYS Department of State 75th Assembly District Division of Coastal Resources 242 West 27th Street 41 State Street New York, NY 10001 Albany, NY 12231-0001 Service via t" Class Mail Service via 1" Class Mail Carol Ash, Commissioner Senator Thomas K Duane NYS Office of Parks, Recreation and 29th Senate District Historic Preservation 322 Eighth Avenue, Suite 1700 Empire State Plaza, Agency Bldg. 1 New York, NY 10001 Albany, NY 12238 Service via 1" Class Mail Service via 1" Class Mail Douglas Currey, Director, Region 11 Donna K. Hintz, Esq. NYS Dept. ofTransportation NYS Dept. ofTransportation Hunters Point Plaza Office of Legal Affairs, Legal Services Div.
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