Figure 2a. Portion of seabed photomosaic showing the location of remote sensing targets SS2/M51 and SS3/M53 in relation to the survey corridor limits. Figure 2b. Portion of seabed photomosaic showing the location of remote sensing targets SS13/M29 and SS14/M6 in relation to the survey corridor limits. Figure 2c. Portion of seabed photomosaic showing the location of remote sensing target SS39/M56 in relation to the survey corridor limits. Figure 2d. Portion of seabed photomosaic showing the location of remote sensing target SS40/M36 in relation to the survey corridor limits. Figure 2e. Portion of seabed photomosaic showing the location of remote sensing target SS73/M50 in relation to the survey corridor limits. Figure 2f. Portion of seabed photomosaic showing the location of remote sensing targets SS84/M30, SS19/M54, SS21/M48 and SS86/M31 in relation to the survey corridor limits. Figure 2g. Portion of seabed photomosaic showing the location of remote sensing target SS106/M33 in relation to the survey corridor limits. Figure 2h. Portion of seabed photomosaic showing the location of remote sensing targets SS125/M57, SS50/M43, and SS51/M43 in relation to the survey corridor limits. Figure 2i. Portion of seabed photomosaic showing the location of remote sensing target SS162/M46 in relation to the survey corridor limits. Figure 2j. Portion of seabed photomosaic showing the location of remote sensing target SS169/M4 in relation to the survey corridor limits.

7.0 References Cited

Berman, Bruce 1972 Encyclopedia of American Shipwrecks. The Mariners Press, Boston.

Baxter, Raymond and Arthur Adams 1999 Railroad Ferries of the Hudson. Fordham University Press, New York.

Brouwer, Norman 1990 “Synopsis History of Maritime Activity in New York State and New York State Vessel Typology.” Report on File with the New York State Office of Parks, Recreation and Historic Preservation. Waterford, New York.

Gentile, Gary 1996 Shipwrecks of New York. Gary Gentile Productions, Philadelphia.

Marx, Robert 1971 Shipwrecks in the Americas. Dover Publications, Inc. New York.

Morris, Paul and William Quinn 1989 Shipwrecks in New York Waters, A Chronology of Ship Disasters from Montauk Point to Barnegat Inlet from the 1880’s to the 1930’s. Parnassus Imprints, Orleans, Massachusetts.

Moss, George 1964 Nauvoo to the Hook: The Iconography of a Barrier Beach. Jersey Close Press. Locust, New Jersey.

Ocean Surveys, Inc. [OSI] 2007 Geophysical Survey, Proposed Hudson Project, Lower Hudson River, Edgewater, NJ – Manhattan, NY. OSI Report No. 07ES034. Prepared for ESS Group, Inc. Wellesley, Massachusetts.

Rattray, Jeannette 1973 The Perils of the Port of New York, Maritime Disasters From Sandy Hook to Execution Rocks. Dodd, Mead & Company, New York.

U.S. Department of Commerce 1997 “New York Harbor.” National Oceanic and Atmospheric Administration (NOAA). Chart 12327. Washington, D.C.

Automated Wreck and Obstruction Information System. National Oceanic and Atmospheric Administration, National Ocean Service, Silver Spring, MD.

Merchant Vessels of the United States. Washington, D.C.

U.S. Department of the Interior [DOI]

30 nda National Register Bulletin 16: Guidelines for Completing National Register of Historic Places Forms. Part A. National Register Branch, Interagency Resources Division, National Park Service, U.S. Department of the Interior, Washington, D.C. ndb National Register Bulletin 20: Nominating Historic Vessels and Shipwrecks to the National Register of Historic Places. National Register Branch, Interagency Resources Division, National Park Service, U.S. Department of the Interior, Washington, D.C.

31

APPENDIX A:

OSI’S SONAR TARGET LIST

32 OSI Side Scan Sonar Target List

Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly

SS1 635841.4 720214.9 29 12 3 target with apparent texture/ridges SS2 636817.8 719696.2 42 2 9 linear target M51 SS3 637049.1 719769.3 59 1 5 round target M53 SS4 637030.6 719602.8 45 5 2 linear feature SS5 637630.4 719239.7 57 45 7 one linear and 3 round objects debris area, extends outside of SS6 637684.9 718938.9 129 122 15 proposed cable corridor

target marks beginning of scour/drag SS7 637599.7 718712.8 338 1 5 mark, extends outside of corridor

SS8 637317.1 718580.6 338 1 7 target marks end of scour/drag mark SS9 637459.8 718782.6 37 3 3 curvilinear target debris area, extends outside of SS10 637218.0 717958.7 133 69 6 proposed cable corridor SS11 637003.1 717754.9 49 35 9 one rounded, 2 linear features SS12 636996.1 717586.2 29 3 8 linear feature linear feature, in northern portion of SS13 636957.9 717459.8 32 6 8 debris area M29 SS14 636778.7 717493.4 23 10 9 oblong and linear target M6 SS15 636887.7 717378.1 30 3 5 linear feature, in debris area SS16 636904.8 717347.2 91 4 5 long linear feature long linear and curvilinear feature, SS17 636655.6 717185.7 289 4 7 broken in some portions SS18 636812.8 717126.8 25 4 4 linear feature

33 Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly SS19 636369.9 716452.3 17 2 7 linear feature M54 SS20 636299.2 636299.2 35 5 8 curved linear target SS21 636211.3 636211.3 66 3 3 linear feature M48 SS22 636187.3 716250.2 50 4 2 linear feature SS23 636231.2 716154.5 32 23 2 linear feature SS24 636169.5 716021.2 34 10 10 scattered debris SS25 635916.4 715744.4 ~1236.0 4 1 begin long linear drag/scour SS26 635995.3 715533.7 38 2 5 linear feature SS27 635999.7 715504.2 11 7 3 oblong target SS28 635671.2 715184.0 25 8 5 somewhat linear target SS29 635581.6 635581.6 31 4 2 linear feature SS30 635558.9 714857.8 23 3 1 linear feature SS31 635537.8 714751.2 45 2 2 rounded feature next to linear feature SS32 635393.1 714622.1 108 69 <1 small linear feature SS33 635375.4 714550.5 31 4 3 linear feature SS34 635308.3 714461.0 75 2 3 linear feature SS35 635260.8 714324.4 18 8 1 small feature, possibly linear SS36 635324.9 714176.2 60 4 3 small linear feature SS37 635122.1 714038.0 16 2 <1 small broken linear ridge-like feature, possible buried SS38 635052.3 713943.0 48 6 5 object SS39 634880.4 713584.4 42 5 2 linear features, part of debris pile M56 extended area of debris pile, multiple SS40 634855.5 713511.5 75 65 3 linear targets included M36 SS41 634735.5 713266.9 11 4 5 small curvilinear target

SS42 634661.3 713060.8 89 7 4 linear feature with compact debris pile SS43 634548.8 712883.6 35 11 6 debris pile with linear features

34 Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly linear features with mostly compact debris pile, some debris extends southward (at least 2 round objects in SS44 634249.1 712404.5 47 26 13 this southern area) SS45 634130.6 712218.8 43 28 3 large pile of possible debris SS46 634004.8 712111.5 ~382.0 3 2 multiple linear features SS47 633973.7 711917.4 74 29 3 oblong target SS48 633924.2 711744.3 ~382.0 3 2 debris area SS49 633630.8 711608.7 62 4 5 angled linear features SS50 633248.4 711252.6 23 8 6 group of small rounded features M43 SS51 633229.9 711230.7 27 12 1 linear and curved features M43 SS52 633182.9 711205.5 95 5 5 linear feature SS53 632992.8 711044.5 ~676.0 8 3 begin long linear drag/scour SS54 632712.6 710438.9 ~676.0 8 7 end long linear drag/scour SS55 632584.5 710296.2 ~693.0 7 <1 few short linear features

SS56 632463.7 709731.7 75 3 7 linear feature, near scour/drag mark SS57 632436.8 709624.8 ~693.0 7 6 end long linear drag/scour SS58 636292.9 720009.4 14 10 <1 rounded target SS59 636591.5 719904.5 24 13 <1 oblong target SS60 636694.7 719824.5 38 34 <1 rounded target SS61 636743.5 719840.1 30 30 5 rounded target SS62 636964.5 719756.8 29 19 3 curved linear target SS63 637028.4 719689.7 48 15 4 round target SS64 637078.5 719640.1 16 9 5 oblong target SS65 637152.7 719478.8 73 14 3 small round target SS66 637253.7 719490.9 9 4 9 oblong target SS67 637265.3 719356.6 24 13 18 oblong target

35 Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly SS68 637500.5 719251.9 14 6 9 1 triangular, 1 linear feature SS69 637608.7 719116.7 7 4 8 oblong target SS70 637650.7 719049.1 13 2 8 linear feature SS71 637606.0 718945.8 21 17 14 debris area SS72 637459.4 718528.8 16 16 5 oblong target SS73 637385.8 718545.8 10 4 5 oblong target M50 SS74 637149.5 717945.8 28 2 1 small linear feature SS75 637028.6 717838.4 27 20 3 group of linear targets SS76 636887.1 717593.7 11 4 3 oblong target SS77 636842.9 717287.3 19 5 2 oblong target SS78 636755.9 717195.1 13 4 19 linear feature SS79 636729.0 717096.4 28 3 3 oblong feature SS80 636692.0 717063.7 17 6 5 oblong target SS81 636594.9 716939.2 26 25 4 oblong target

SS82 636591.2 716861.5 37 32 12 short linear feature, in debris area SS83 636535.9 716815.2 15 8 13 debris area SS84 636560.2 716709.5 20 3 7 curved linear target M30 SS85 636428.0 716556.6 27 3 8 linear target SS86 636281.5 716145.2 16 2 4 scattered debris M31 SS87 636179.7 716048.9 8 8 <1 rounded target SS88 636123.3 715938.3 7 6 5 rounded target SS89 636175.6 715922.7 66 2 4 linear target SS90 636092.2 715751.6 41 6 5 somewhat linear target SS91 636047.2 715751.6 42 15 3 linear feature SS92 636007.0 715733.4 10 5 13 oblong target SS93 635977.9 715591.2 14 12 3 rectangular feature SS94 635929.4 715505.4 26 5 6 curved linear target SS95 635933.6 715454.7 28 13 3 two linear features

36 Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly SS96 635880.8 715323.1 35 3 3 wide linear target SS97 635819.9 715190.7 31 7 2 debris area SS98 635773.2 715201.9 7 6 <1 rounded target SS99 635760.7 715160.8 24 11 3 group of small targets SS100 635689.6 715081.4 38 5 4 oblong target SS101 635660.8 714962.2 12 4 <1 rounded target SS102 635683.7 714911.8 35 8 5 group of targets SS103 635608.6 714907.6 25 20 2 debris area SS104 635470.7 714599.1 13 8 <1 oblong target SS105 635226.8 714120.9 45 40 12 area of debris SS106 635253.4 714077.1 11 2 5 possible buried object M33 SS107 635091.8 713934.4 26 14 4 possible buried object somewhat rounded object, near other SS108 635062.9 713904.9 20 18 4 possible debris linear feature on possible pile of SS109 634899.5 713660.4 17 2 3 debris multiple linear features, part of debris SS110 634778.0 713437.3 23 4 7 pile SS111 634727.2 713094.0 9 2 <1 oblong feature SS112 634595.2 712700.9 36 12 4 angled linear feature multiple linear features near small pile SS113 634465.7 712719.8 26 9 4 of debris SS114 634459.7 712593.3 35 28 3 group of small features SS115 634458.5 712509.1 25 4 8 group of targets SS116 634375.7 712412.2 27 6 4 group of targets SS117 634405.1 712390.7 63 2 4 linear feature SS118 634273.2 712231.0 32 8 4 group of small targets SS119 634222.9 712254.0 50 5 6 linear feature with oblong object

37 Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly

linear and oblong targets, possibly SS120 634153.6 712183.6 21 6 5 associated with nearby debris pile SS121 634198.7 712104.5 51 12 5 linear features/ Y-shaped SS122 633987.9 711952.5 40 4 4 curved linear feature SS123 633815.2 711777.6 14 10 4 short curved linear linear target, possibly part of debris SS124 633796.8 711665.1 30 3 16 pile SS125 633717.5 711669.2 54 33 <1 possible debris area M57 SS126 633623.8 711560.8 16 12 7 group of oblong targets SS127 633552.6 711489.8 20 19 3 linear with oblong SS128 633510.8 711389.8 12 7 7 oblong target SS129 633468.2 711330.0 29 8 7 linear target SS130 633363.8 711298.4 16 5 11 oblong target SS131 633319.0 711221.6 9 3 9 area of smaller targets SS132 633128.4 711061.3 22 16 8 triangular feature SS133 632987.6 710769.5 14 7 6 rounded target SS134 632482.7 710038.4 13 11 4 rounded target-possible tire

SS135 632344.1 709599.8 22 6 8 curved target, at edge of debris area SS136 632283.8 709608.1 21 10 9 oblong target among debris pile SS137 632275.5 709327.1 21 3 2 short linear target SS138 631839.3 708633.3 7 4 10 linear with rounded target small targets, may be associated with large debris pile nearby but outside of SS139 631677.2 708591.3 18 11 2 corridor SS140 631794.3 708528.6 12 6 <1 possible debris area SS141 631730.3 708446.8 64 42 2 possible debris area SS142 631641.0 708189.5 80 17 4 possible debris area

38 Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly SS143 631500.4 708078.2 50 38 3 curved and oblong features SS144 631360.8 707899.9 45 26 4 oblong features SS145 631385.8 707820.6 16 5 <1 oblong feature SS146 631254.0 707697.5 32 27 2 debris area

SS147 631214.2 707557.2 114 98 3 curved linear, inpossible debris area SS148 631194.1 707449.5 24 14 <1 oblong target SS149 630852.1 707082.1 31 3 2 curved and straight linear SS150 630888.7 706926.7 35 28 6 oblong target SS151 630410.6 706271.0 20 14 4 group of oblong targets SS152 630390.4 706178.0 47 27 5 possible debris area SS153 630171.3 705529.4 17 6 <1 oblong target SS154 630045.3 705594.5 12 10 4 group of oblong targets SS155 634118.6 712107.3 27 4 2 curved/angled linear feature SS156 636906.8 717270.1 3 3 3 round target-possible tire SS157 635432.9 714624.5 45 5 3 curved linear target SS158 635714.1 715197.9 48 13 6 possible buried object SS159 633999.3 712070.2 14 2 2 rectangular feature SS160 634364.0 712559.2 24 7 7 debris pile with linear features SS161 634412.9 712665.3 47 11 5 angled linear multiple linear targets of varying SS162 634482.1 712810.8 135 35 6 length in debris area M46 SS163 630626.0 706110.3 24 19 12 scattered debris SS164 630422.6 705708.0 16 15 7 rounded targets, in E-W line SS165 630446.6 705670.6 11 10 7 rounded targets, in E-W line SS166 630322.6 705557.1 31 9 <1 scattered debris SS167 630329.1 705405.9 22 6 4 oblong target SS168 630108.7 705204.2 5 4 4 small rounded target

39 Height or Associated Easting1 Northing1 Length2 Width2 Relief Magnetic Target ID # (feet) (feet) (feet) (feet) (feet) Comment Anomaly SS169 629901.2 704755.6 53 16 <1 linear target M4 SS170 629806.1 704575.0 36 4 3 linear feature SS171 629637.8 704381.0 16 5 <1 broken oblong feature SS172 629685.7 704182.4 23 2 <1 curved linear target SS173 629503.9 703885.6 9 4 1 triangular-shaped target SS174 629749.0 704407.0 4 4 3 round target, possible tire SS175 630116.1 705001.6 59 30 3 zi-zag-shaped drag/scour mark

40

APPENDIX B:

OSI’S MAGNETIC TARGET LIST

41

OSI Magnetometer Target List

Associated Target ID Easting1 Northing1 Magnitude Duration Sidescan # (feet) (feet) Type2 (gamma) (feet) Comment Target M1 630607.6 706162.8 m+ 40.4 65 M2 630023.4 704793.5 m+ 74.9 53 M3 630415.3 705504.5 m+ 162.9 78 M4 629888.3 704738.4 di 200 54 SS169 M5 637393.2 718737.7 m- 118 41 M6 636769.4 717481.0 cd 280 118 SS14 M7 636670.8 717262.7 di 40 55 M8 636393.4 716724.0 cd 520 264 M9 634744.9 713529.2 m- 49.9 69 M10 634638.0 713253.3 m+ 50 44 M11 634588.8 713104.6 m+ 90.4 58 M12 633495.3 711572.8 m+ 24.7 34 M13 633307.0 711374.7 m- 34.8 25 M14 632935.1 710948.0 m+ 34 38 M15 632421.8 709992.0 m- 41.1 40 M16 631839.6 708930.0 m+ 33.2 73 M17 631628.4 708564.3 m+ 87 66 M18 630883.5 707198.1 di 40 76 M19 637730.4 718977.4 m+ 67.3 89 M20 636959.5 717400.0 di 290 67 M21 636638.8 716770.0 m+ 53 29 M22 633785.4 711585.2 m- 375.1 189 M23 632125.3 709048.5 m+ 33.8 35

42 Associated Target ID Easting1 Northing1 Magnitude Duration Sidescan # (feet) (feet) Type2 (gamma) (feet) Comment Target M24 631909.9 708654.7 m+ 102.2 38 M25 631800.2 708445.5 m- 33.2 53 M26 631349.8 707613.6 di 185 154 M27 630753.3 706527.4 di 75 87 M28 630560.9 706184.6 m- 82 153 M29 636952.4 717498.1 di 130 43 SS13 M30 636555.6 716699.1 di 2400 90 SS84 M31 636266.1 716114.1 m- 281.2 106 SS86 M32 636059.9 715700.2 m+ 40 41 M33 635265.4 714081.0 cd 60 111 SS106 M34 634957.0 713570.4 di 140 136 M35 634967.3 713571.3 m+ 110 47 M36 634897.3 713492.0 di 65 64 SS40 M37 630154.9 705762.1 di 100 88 M38 630472.4 706333.1 di 170 70 M39 631862.9 708884.7 di 25 44 M40 632123.7 709346.6 m+ 29.7 20 M41 632294.8 709671.2 di 27.8 22 M42 632314.1 709707.7 m+ 36.7 29 M43 633241.8 711242.0 cd 190 160 SS50, SS51 M44 633671.5 711695.8 m+ 312.1 277 M45 633908.1 711948.6 m- 42.5 55 M46 634481.2 712798.5 m- 43.4 53 SS162 M47 634783.6 713496.4 cd 600 73 M48 636237.6 716288.0 m- 137.8 104 SS21 M49 636341.7 716499.4 m- 192.1 98

43 Associated Target ID Easting1 Northing1 Magnitude Duration Sidescan # (feet) (feet) Type2 (gamma) (feet) Comment Target M50 637343.3 718525.4 di 55 61 SS73 M51 636873.8 719681.1 di 78 58 SS2 M52 637343.6 719547.1 m+ 168.3 57 M53 637075.1 719797.0 m+ 95.8 41 SS3 M54 636385.3 716474.1 m+ 101.3 91 SS19 M55 635000.3 713715.5 m+ 65.7 72 M56 634898.6 713577.7 m+ 68 52 SS39 M57 633710.4 711653.6 m+ 362.8 171 SS125

NOTES: 1. Coordinates are referenced to the New Jersey State Plane system, NAD83, in feet. 2. Anomaly types: m+ is positive monopole; m- is negative monopole; di is dipole; cd is complex dipole

44 Appendix 4-12

Construction Noise Mitigation Plan – Sample Form

Appendix 6-1

NYPA News Release

NEWS

NYPA Selects Proposal for Serving Electricity Requirements of Government Customers in New York City

Contact: Michael Saltzman 914-390-8181 [email protected]

November 28, 2006

FOR IMMEDIATE RELEASE

NEW YORK—The New York Power Authority (NYPA) Trustees Tuesday approved a proposal for ensuring continued economical, reliable electricity service for the Authority’s public customers in New York City, centering on the construction of a new transmission line from Ridgefield, New Jersey, to midtown Manhattan. The proposal provides for a link to electricity markets in a multistate area, with capacity to be supplied by an existing power plant in New Jersey.

The proposal was submitted jointly by Hudson Transmission Partners, LLC, and FPL Energy, LLC, in response to a formal Request for Proposals last year by the Power Authority to meet the energy needs of its public customers, who include schools, hospitals, municipal buildings, the subways and commuter trains, and other essential facilities and services.

“Today’s action by the Power Authority board is a significant milestone for reliable, economic and clean electricity service in New York City, and for strengthening and diversifying its energy mix,” said Timothy S. Carey, NYPA president and chief executive officer. “This is consistent with the balanced approach that Governor Pataki has long pursued for enhancing the state’s electricity system and providing customers with more energy options in the competitive, deregulated marketplace. We’re now looking forward to negotiating the long-term energy-related agreements, as authorized by our trustees earlier today.”

Carey noted that NYPA received bids from a number of companies. That led to a comprehensive review process, weighing such key factors as economics, the potential for lessening energy prices and enhancing fuel diversity, licensing considerations, the financial ability of the submitting bidders, and the likelihood of the bid commitments being met.

Under the winning bid, a natural gas-fueled power plant operated by FPL Energy in Sayreville, N.J., known as the Red Oak plant, will provide 500 megawatts (mw) of generation capacity for the New York City governmental customer electric load served by NYPA. The plant will allow NYPA to meet the reliability rules of the New York Independent System Operator (NYISO) for what is referred to as unforced capacity (UCAP), a measure accounting for required power reserves and forced outage rates. (A not-for-profit corporation charged with administering the state’s wholesale energy markets, the NYISO helps to ensure the reliability of the electric power system.)

Hudson Transmission Partners will build an approximately seven-mile transmission line, with a total capacity of 660 megawatts, from Bergen County to Con Edison’s West 49th Street substation, including a four-mile section under the Hudson River. Using a combination of this line and transmission service through the PJM system, the generation capacity from FPL Energy’s Red Oak plant will qualify as “in-city capacity” under the NYISO rules. That will allow NYPA to dedicate the 500 megawatts of UCAP for its New York City governmental customers.

In addition to the dedicated capacity, the 345-kilovolt (kv) line, expected to be completed by 2010, will be capable of delivering economical electricity from the PJM Interconnection, which includes all or parts of 13 states and the District of Columbia.

The additional capacity and transmission provided for by FPL Energy and Hudson Transmission Partners will complement electricity supplies that the Power Authority provides the governmental customers from its own power generation and market purchases. This includes a new 500-mw combined-cycle plant that NYPA completed in late 2005 in Queens that is among the cleanest, most efficient sources of electricity in the city.

During summer peak-demand periods, the New York City governmental customers use a total of more than 1,800 mw, a sizable amount of electricity that is equivalent to the output of two large power plants. Among the customers are the City of New York, the New York City Housing Authority, the Port Authority of New York and New Jersey, the Metropolitan Transportation Authority, the New York State Office of General Services, Jacob K. Javits Convention Center, Empire State Development Corp., Battery Park City Authority, Hudson River Park Trust, Roosevelt Island Operating Corp., and United Nations Development Corp.

Over the years, public facilities in New York City have saved hundreds of millions of dollars a year on their electricity bills as NYPA customers. The Power Authority has met the electricity needs of these customers since 1976, and has also partnered with them on numerous energy efficiency projects that have lowered their annual electric bills by about $58 million, along with displacing some 1.1 million barrels of oil a year and reducing greenhouse gas emissions by 477,000 tons a year.

About NYPA:

■ NYPA uses no tax money or state credit. It finances its operations through the sale of bonds and revenues earned in large part through sales of electricity. ■ NYPA is a leader in promoting energy-efficiency, new energy technologies and electric transportation initiatives. ■ It is the nation’s largest state-owned electric utility, with 18 generating facilities in various parts of the state and more than 1,400 circuit-miles of transmission lines.

Return to Press Center

Appendix A

Pre-filed Direct Testimony Wayne Rockwell Geyer, Ph.D

Public Service Commission Case No. 08-T-______Hudson Transmission Partners, LLC

1 Q. Please state your name, employer, and business address.

2 A. Wayne Rockwell Geyer, Woods Hole Oceanographic Institution, 266

3 Woods Hole Road, Woods Hole, Massachusetts, 02543.

4 Q. In what capacity are you employed?

5 A. I am a Senior Scientist with the Department of Applied Ocean Physics and

6 Engineering.

7 Q. For what parts of the application are you responsible?

8 A. I am responsible for Exhibit 4.4.

9 Q. Please explain your professional background and expertise.

10 A. Please see attached curriculum vitae.

W. R. Geyer 2007 CURRICULUM VITAE

WAYNE ROCKWELL GEYER

Senior Scientist Department of Applied Ocean Physics and Engineering Woods Hole Oceanographic Institution

EDUCATION:

Ph.D. Physical Oceanography, University of Washington, Seattle, WA - 1985 M.S. Physical Oceanography, University of Washington, Seattle, WA - 1981 B.A. Geology, Dartmouth College, Hanover, NH - 1977

ACADEMIC EXPERIENCE:

2005-present Senior Scientist, Applied Ocean Physics & Engineering Dept. (AOPE), Woods Hole Oceanographic Institution (WHOI) 2001-2005 Senior Scientist and Chairman, AOPE, WHOI 1996-2001 Director, Rinehart Coastal Research Center WHOI 1991-2001 Associate Scientist, AOPE, WHOI 1987-1990 Assistant Scientist, AOPE, WHOI 1985-1986 Postdoctoral Scholar, Ocean Engineering Department, WHOI (with William D. Grant) 1981-1985 Research Associate, University of Washington, Seattle, WA (with J. Dungan Smith) 1979-1981 Research Assistant, University of Washington and Pacific Marine Environmental Laboratory, Seattle, WA (with Glenn A. Cannon)

RECENT CONSULTING ACTIVITIES

1997-present Massachusetts Water Resources Authority and Battelle Memorial Institute: Outfall Monitoring Program for Massachusetts Bay 2007-present Hudson Transmission Partners and ESS: Hudson River transmission line site assessment.

RESEARCH INTERESTS:

Estuarine and coastal transport processes; sediment transport; numerical modeling of estuaries and river plumes.

OUTSIDE ACTIVITIES

2001 - 2004 Ocean Studies Board 2003, 2006 Guest Professor, University of Washington Friday Harbor Summer School: Estuarine Dynamics (with Parker MacCready)

HONORS AND AWARDS:

2006 Mary Sears Senior Scientist Chair for Excellence in Oceanography (WHOI)

W. R. Geyer 2007 2003 Pritchard Award, Estuarine Research Federation (best physics paper) 1990 Excellence in Refereeing, American Geophysical Union (J. Geophys. Res., Oceans) 1985 Postdoctoral Scholar, WHOI

W. R. Geyer 2007

MEMBERSHIP IN PROFESSIONAL SOCIETIES:

American Geophysical Union Estuarine Research Federation

SELECTED RECENT PUBLICATIONS:

Bowen, Melissa M.; Geyer, W. Rockwell, 2003. Salt transport and the time-dependent salt balance of a partially stratified estuary. J. Geophys. Res. 108, doi:1029/2001JC001231

Geyer, W.R., P.S. Hill and G.C. Kineke, 2004. The transport and dispersal of sediment by buoyant coastal flows. Continental Shelf Research, 24, 927 – 949.

Geyer, W.R., R.P. Signell, D. A. Fong, J. Wang, D.M. Anderson and B.P. Keafer, 2004. The freshwater transport and dynamics of the Western Maine Coastal Current. Continental Shelf Research, 24 (12), 1339-1357.

Lerczak, J.A., and W.R. Geyer, 2004. Modeling the lateral circulation in straight, stratified estuaries. Journal of Physical Oceanography, 34, 1410-1428.

MacDonald, D.G.and W.R. Geyer, 2004. Turbulent energy production and entrainment at a highly stratified esturarine front. J. Geophys. Res. 109, doi:10.1029/2003JC002094.

Traykovski, P., W.R. Geyer, and C. Sommerfield, 2004. Rapid sediment deposition and fine- scale strata formation in the Hudson estuary. J. Geophys Res, 109, doi: 10.1029/2003JF000096.

Warner, J.C. W.R. Geyer and J.A. Lerczak, 2005. Numerical modeling of an estuary: A comprehensive skill assessment. J.Geophys. Res., 110, C05001, doi:10.1029/2004JC002691.

Harris, C.K, P.A. Traykovski and W.R. Geyer, 2005. Flood dispersal and deposition by near- bed gravitational sediment flows and oceanographic transport: a numerical modeling study of the Eel River shelf, northern California. J. Geophys Res., 110, c09025, doi:10.1029/2004JC002727.

Lerczak, J.A., W.R. Geyer, and R.J. Chant, 2006. Mechanisms driving the time-dependent salt flux in a partially stratified estuary. J.Phys. Oceanogr., in press.

Chant, R.J., W.R. Geyer, R. Houghton, E. Hunter and J.A. Lerczak, 2007. Bottom boundary layer mixing and the estuarine neap/spring transition. J. Phys. Oceanogr., in press.

Warner, J.C., Sherwood, C.R., and Geyer, W.R. (2007). “Sensitivity of estuarine turbidity maximum to settling velocity, tidal mixing, and sediment supply.” in Estuarine and Coastal Fine Sediment Dynamics, Maa, J.P.-Y., L.P. Sanford and D.H. Schoellhamer (eds.), Elsevier, Amsterdam. pp. 355-376.

Peter H. Guldberg, CCM

Public Service Commission Case No. 08-T-______Hudson Transmission Partners, LLC

1 Q. Please state your name, employer, and business address.

2 A. Peter H. Guldberg, Tech Environmental, 1601 Trapelo Road, Waltham,

3 Massachusetts, 02451.

4 Q. In what capacity are you employed?

5 A. I am the Managing Principal for Tech Environmental.

6 Q. For what parts of the application are you responsible?

7 A. I am responsible for Exhibit 4.12.

8 Q. Please explain your professional background and expertise.

9 A. Please see attached curriculum vitae.

Peter H. Guldberg, CCM Managing Principal

Mr. Guldberg has 34 years of experience as an air quality and noise consultant, Education providing permitting assistance, strategic planning, monitoring, modeling and B.S. Mathematics MIT, 1973 impact assessment to industry and government on projects in the energy, manufacturing, solid waste disposal, real estate and transportation sectors. Mr. M.S. Atmospheric Science University of Michigan, 1974 Guldberg has taught air quality permitting courses for EPA, AWMA, the Northeast States, and at universities, training over 1,400 professionals in the field. He has given expert testimony at hundreds of public hearings and before Certification Certified Consulting State Environmental Boards and Legislative Committees in Connecticut, Meteorologist (AMS #393) Illinois, Indiana, Maine, Massachusetts, New York, Texas, and Vermont, and in court. He served on the Governor’s Committee that wrote the Massachusetts Affiliations Environmental Business Greenhouse Gas Emission Policy and Protocol. Council, Board of Directors

Air and Waste Management Project Experience – Energy Association

Institute of Noise Control Engineering Cross Hudson Project. For the PSEG Power Cross Hudson Project, bringing 600 MW of power from New Jersey to Manhattan, Mr. Guldberg performed the Acoustical Society of America noise impact analysis of horizontal directional drilling at both ends of the cable project as part of the application to the NY Public Service Commission. The work involved baseline sound level monitoring and acoustic modeling. The PSC has issued the Certificate of Environmental Compatibility.

1800 MW Astoria Repowering Project. The existing Astoria Generating Station in New York City is being re-powered as a combined-cycle facility by Orion Energy using six Siemens/Westinghouse 501F turbines. Mr. Guldberg prepared the noise study for the NYS DPS Article X application that includes comprehensive baseline sound level monitoring, acoustic modeling, impact sound isopleths, and cumulative impact modeling of the project with two other nearby combined-cycle projects that have been proposed. He gave expert testimony before the NYS DPS.

Expansion to the Gowanus Generating Station. The addition of two LM- 6000 gas turbine generators is proposed for the Gowanus Generating Station in Brooklyn, New York. Mr. Guldberg performed a preliminary noise impact study using Cadna-A and will be providing a refined noise impact assessment for the EIS under New York State’s SEQR Act.

Repowering the RG&E Russell Station. For Rochester Gas & Electric, Mr. Guldberg did the noise impact assessment of repowering the Russell Generating Mr. Peter H. Guldberg Resume

Station on lake Ontario. The work scope included baseline sound level monitoring and acoustic modeling with Cadna-A to support the EIS under New York State’s SEQR Act.

Free State Electric Power Project. For a 1,650 MW combined-cycle power project in Charles County, Maryland, Mr. Guldberg conducted a noise impact study. Baseline sound level monitoring and acoustic modeling were performed to calculate impacts at 16 sensitive receptors. Mitigation options were evaluated and compliance with the Maryland Department of the Environment (MDE) Noise Regulation was demonstrated. Expert testimony was given before the Maryland Public Service Commission for the Certificate of Public Convenience and Necessity (CPCN).

Ramapo Energy Project. The project is a 1,100 MW gas-fired combined cycle power plant proposed for Ramapo, New York. Mr. Guldberg performed all air quality modeling and impact assessment for the federal PSD permit, including extensive complex terrain modeling for a long list of interacting sources in New York and New Jersey, and acid deposition calculations for New York State. He prepared the pre-construction monitoring waiver request for EPA Region II and gave expert testimony given before NYS DPS/Public Service Commission in the Article X process.

Goodyear Cogeneration Project PSD and State Air Permit. An air permit was obtained for a 575 MMBtu/hour circulating fluidized bed (CFB) boiler cogeneration plant fired with coal and shredded tires at the site of an existing Goodyear facility in Niagara Falls, New York. The work included refined dispersion modeling and a control technology analysis.

Chelsea Peak Energy Facility. The project is a 250-MW gas turbine peaking plant on an industrial site in Chelsea, Massachusetts. Mr. Guldberg prepared the noise impact analysis including Cadna-A acoustic modeling and a Noise BACT analysis. Expert testimony was given before the Energy Facilities Siting Board.

Expansion of the Lake Road Generating Station. Two noise-consulting assignments were done by Mr. Guldberg for BG Energy, the owner of the Lake Road Generating Station in Dayville, CT. Noise complaints from steam jet huggers were investigated with monitoring and acoustic modeling and mitigation options were analyzed. A noise reduction strategy was implemented for the three existing units. A noise impact analysis was performed for the expansion of the Generating Station that included baseline monitoring and acoustic modeling with the Cadna-A model.

Phillips Academy Power Plant, Andover, Massachusetts. Mr. Guldberg prepared a Comprehensive Plan Application for new boilers and emergency generator at Phillips Academy. He also devised a NOx RACT compliance strategy and assisted Phillips Academy in negotiations with DEP on the air permit.

Air Permit for the Vermont Marble Co. Cogeneration Plant. Mr. Guldberg obtained the air permit for two 4-MW cogeneration turbines to provide electricity and heat to the spray drying process at the OMYA (Vermont Marble Co.) Verpol Plant in Florence, Vermont. The work included dispersion modeling, control technology analysis (MSER) and negotiation of permit limits with agency officials.

University of Vermont Power Plant Expansion. Mr. Guldberg directed a feasibility study for an air permit allowing increased steam and electrical production at UVM in Burlington. He also assisted with a strategic planning analysis for the University's Operating Permit.

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Mr. Peter H. Guldberg Resume

Litigation Support for Electric Energy, Inc. For the EEI Joppa coal-fired generating station in southern Illinois on the Ohio River, Mr. Guldberg performed an SO2 impact analysis using on-site meteorological data and hourly emission estimates to demonstrate continuing compliance with air quality standards. Expert testimony was given in court.

CIPS Coffeen Station SIP Revision. Mr. Guldberg obtained an alternate SO2 emission limit for the Central Illinois Electric Power’s Coffeen Station to allow the burning of Monterey basin coal. Refined dispersion modeling with other interacting regional sources was performed and expert testimony was given before the Illinois Environmental Board.

Canal Electric Generating Station. As technical consultant to the Town of Sandwich’s Board of Selectmen, Mr. Guldberg analyzed the air quality, noise, and visual impacts of the proposed repowering project at Canal Station, prepared a technical report submitted to the Town and the Cape Cod Commission, and gave expert testimony in four public hearings on the Cape.

Air Permit for the Dartmouth College Energy Plant. An air permit was obtained for the four power boilers at the Dartmouth College energy plant in Hanover, New Hampshire. Assistance was also provided in complying with NOx RACT rules and Title V permitting.

Feasibility Study of a Regional Market-Based NOx Budget System for the Ozone Transport Region. Mr. Guldberg was the Principal Investigator for a conceptual design of a regional NOx budget and allowance trading system for post-RACT NOx control of electric generating units and large industrial boilers in the 13 Northeast and Mid-Atlantic States comprising the Ozone Transport Region.

Island End Co-generation Project. Mr. Guldberg directed the noise impact assessment for a new 350 MW gas-fired power plant in Everett, Massachusetts (Westinghouse series G turbines). A Best Available Noise Control Technology (BANCT) analysis was performed for the DEP Air Plans Approval application. He gave expert testimony before the Massachusetts Energy Facilities Siting Board.

FPL Bellingham Power Plant. Mr. Guldberg assisted Florida Power & Light with a noise enforcement action brought by the DEP against their Bellingham, Massachusetts plant regarding pure tones in a nearby residential neighborhood at night. A comprehensive acoustic audit of plant sources was performed along with nighttime monitoring in the affected areas. Two unshielded noise sources were identified that produced the pure tone problem: un-insulated natural gas piping and valves, and an exposed high pressure steam line joint. Lagging and sound blanket insulation were specified by TE and installed by FPL. Mr. Guldberg also provided assistance in meetings with DEP enforcement staff.

Project Experience – Renewable Energy

Air Quality and Noise Permit for the Russell Biomass Power Project. Mr. Guldberg prepared the Major CPA air permit application for a 50 MW wood chip fired power plant in western Massachusetts that uses Bubbling Fluidized Bed boiler technology with SCR and fabric filter controls. Permitting work also included modeling of cooling tower fogging/icing impacts, a noise impact analysis and air

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dispersion modeling in complex terrain for criteria pollutants and HAPs. Expert testimony was given before the Mass. Dept. of Telecommunications and Energy.

Sound and Vibration Studies for the Cape Wind Project. For the 420 MW wind farm project in Nantucket Sound, Mr. Guldberg performed comprehensive baseline sound level monitoring studies (in air and underwater), acoustic modeling studies of sound and vibration (in air and underwater), and provided a detailed impact assessment for the coastal communities of Cape Cod and Martha’s Vineyard as well as the project’s effects on marine mammals. Expert testimony was provided in hearings before the Massachusetts Energy Facilities Siting Board and text was written for the federal EIS.

Air Permit for the Ryegate Wood Energy Project. Mr. Guldberg was responsible for all air permitting of a 25 MW wood-fired power plant in East Ryegate, Vermont. The project included dispersion modeling, control technology review, and expert testimony in public hearings. Modeling addressed issues of interaction with an adjacent paper mill and complex terrain Follow-on projects included modeling of fogging and icing from cooling spray ponds, a permit amendment to allow auxiliary fuels, including refined dispersion modeling and MSER analysis, and Public Service Commission (Act 248) hearings.

Noise Study of the Fairhaven Wind Project. For the Massachusetts Technology Collaborative and the Town of Fairhaven, Mr. Guldberg predicted the sound level effects of a 3.3 MW wind turbine project in Little Bay Cove using the Cadna-A acoustic model (ISO 9613.2). Long-term sound level monitoring on the site established existing conditions and paired with on-site 80-meter wind measurements identified the ambient sound levels during turbine operating conditions. Compliance with the DEP Noise Policy and the Town Noise By-Law were demonstrated.

Air Permit for Burlington Electric Department Biomass Power Plant, Vermont. Mr. Guldberg obtained an air permit for the McNeil Generating Station, a 50 MW wood-fired power station to allow co-firing of oil and gas. The work included refined dispersion modeling, a comprehensive control technology analysis, and negotiation of permit conditions with agency officials.

Regulatory Support for Central Boiler, Inc. For the leading manufacturer of outdoor wood furnaces offering renewable energy appliances to residential and commercial users, Mr. Guldberg provides emissions, regulatory and compliance consulting assistance, expert testimony at public hearings, training seminars and strategic planning support throughout the eastern U.S.

Project Experience – Manufacturing / Industrial Services

Air Permitting and Consulting for Toray Plastics of America, North Kingstown, RI. Mr. Guldberg obtained State air quality permits for expansion to the coated film manufacturing plant. Dispersion modeling for criteria and hazardous air pollutants was performed to assess the impacts from new polymerization production lines at the facility. Tech Environmental also provided comprehensive air quality services to Toray Plastics in estimating emissions from process lines and wastewater treatment, obtaining pre-construction and operating permits, developing emissions record-keeping software, providing compliance assistance with regard to EPA and State air quality regulations, and performing stack emission tests.

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Mr. Peter H. Guldberg Resume

Air Permitting for Expansion to the OMYA Verpol Plant. For OMYA’s Florence, Vermont marble crushing plant, Mr. Guldberg obtained a State air quality permit covering expanded capacity for mechanical crushers and spray dryers, and a second permit for an on-site cogeneration plant. Refined dispersions modeling was performed as part of the permit application.

Industrial Permitting – Technical Support to the Rhode Island Department of Environmental Management. Mr. Guldberg served as Project Manager for a seven-year contract to provide a wide range of technical assistance to RI DEM on a task order basis. Seventy-three task-order assignments were completed for manufacturing, industrial and energy facilities in the areas of reviewing permit applications, writing draft permits and operating conditions, air quality dispersion modeling, design/review of pollution control equipment, health risk assessments, continuous emissions monitoring, and air toxics evaluations.

Wyeth Nutritionals, Inc. Air Permits. Mr. Guldberg obtained State air quality permits for two Wyeth Nutritionals manufacturing plants in Milton, Vermont: one that produces powdered infant formula and another that produces dairy whey. The permits covered expanded operations, the installation of new boilers and additional process lines (agglomerators, spray dryers). The air permit applications included a refined dispersion modeling analysis.

Odor Impact Study for Bird Roofing Division of Certainteed Corporation. For Bird’s asphalt shingle manufacturing plant in Norwood, MA, Mr. Guldberg performed an air pollution modeling and odor impact study of the facility’s asphalt blowing system, asphalt tank farm, and process line. Odor control measures involving re-ducting of emissions to different stacks were studied. Stack testing of VOC, aldehyde and sulfur compound emissions was performed. Mr. Guldberg gave expert testimony at public hearings.

Air Toxics Compliance Analysis for the CITGO Lake Charles Oil Refinery. For the CITGO Refinery and Lube Plant in Lake Charles, Louisiana, Mr. Guldberg directed a dispersion modeling study of 24 air toxic compounds to show compliance with State air toxic standards. Concentration contour maps were produced for use in public hearings.

Hazardous Air Pollutant Emissions Inventory and Compliance for Jet Spray Corporation. For Jet Spray’s Norwood, MA manufacturing plant, Mr. Guldberg developed a plant-wide air emissions inventory for hazardous air pollutants, and prepared all SARA Title III, Community Right-To-Know and TURA filings for the company.

Environmental Compliance Audit for Lyons Falls Pulp & Paper Company. Mr. Guldberg performed a comprehensive environmental audit of this 215 ton/day pulp and paper mill in Lyons Falls, New York. The audit examined air emissions, wastewater discharges and the plant’s hazardous waste landfill. Recommendations were made for regulatory compliance.

Noise Analysis for the Ocean Spray Manufacturing Plant. At Ocean Spray’s Middleborough, MA plant, a noise assessment was performed for an expansion to the cranberry processing line and compliance with noise regulations was demonstrated.

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Fort Devens Reuse Center – Development of Environmental By-Laws. With the closure of the U.S. Army base at Fort Devens, Massachusetts, the community of Devens was formed along with the 8 million s.f. Devens Industrial Park. Planning for the redevelopment of the Army Base was done through the Devens Reuse Center. Mr. Guldberg worked for the Reuse Center to write local environmental Bylaws for the new community.

Odor and Air Quality Analysis for the Old Mother Hubbard Dog Biscuit Manufacturing Plant in Devens, MA. For a new proposed dog biscuit manufacturing plant in an industrial park, Mr. Guldberg conducted air quality and odor studies to ensure no off-property odors would be detectable during plant operation and to support local permitting. At OMH’s old facility in Lowell, Mr. Guldberg performed odor monitoring at the incinerator stack outlet and analyzed impacts on the community.

Project Experience – Solid Waste Services

Air Quality and Noise Permitting for Seven Solid Waste Transfer Stations. For seven 1,000 to 1,800 ton per day MSW and C&D waste transfer stations in Abington, Stoughton, Devens, Raynham, Revere, and Brockton, Massachusetts, Mr. Guldberg performed studies of air quality, odor and noise impacts on the nearby community to support local permitting. Air and noise compliance monitoring was provided. Expert testimony was given in Site Assignment hearings.

Air Quality and Odor Studies for Three ERS Composting Plants. Environmental Recovery Systems proposed facilities to co-compost MSW and sewage sludge at sites in Wrentham, Somerset and Leominster, MA. As part of an EIR, Mr. Guldberg estimated air pollution and odor emission rates, performed a BACT analysis for VOC, and conducted refined dispersion modeling to predict 1-second odor concentrations as well as time-averaged air toxic pollutant concentrations in the surrounding communities. A mitigation strategy for residual odor was developed. Mr. Guldberg gave expert testimony in public hearings.

Air Permitting for the Irwindale Resource Recovery Facility. Mr. Guldberg performed the refined dispersion modeling and human health risk analysis for a 3,000 tpd MSW mass burn facility in Irwindale, California.

Environmental and Risk Assessment Studies of the Haverhill Resource Recovery Facility. Working as a consultant for the City of Haverhill Board of Health, Mr. Guldberg conducted air quality, water quality and risk assessment studies of a 1,650 ton per day mass-burn MSW incinerator equipped with dry scrubber/ESP control technology and an adjacent ash landfill. Expert testimony was provided to the Board during the Site Assignment hearings.

Air Quality and Noise Analysis of an Asphalt Shingle Recycling Facility and Landfill. Bird Roofing Division of Certainteed Corporation operates an existing landfill for asphalt shingles in Walpole, MA at which a 330-ton per day recycling facility is proposed. Shingle grinding and screening will produce an aggregate-like material for re-sale. The air quality study examined PM10 emissions rates and concentrations, demonstrating compliance with the NAAQS. The noise study demonstrated the facility would comply with the DEP Noise Policy.

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Project Experience – Construction Industry Services

Air Permit for St. Lawrence Cement-US Division / Holcim US. To support expansion of the cement unloading terminal at Providence Port, Mr. Guldberg obtained an air permit from RI DEM for a new ship unloader and process changes.

Noise Analysis for a New Granite Quarry. Mr. Guldberg provided noise consulting services to OMYA in analyzing the site for a new granite quarry. Noise monitoring was performed at OMYA’s existing Hogback Quarry in Pittsford, Vermont. Air Permits for a Cement Plant and Two Asphalt Batch Plants for P.A. Landers, Inc. Mr. Guldberg obtained air quality and noise permits from DEP for a new cement plant and two asphalt batch plants (one drum mix, one batch mix) at facilities in Hanover and Plymouth, MA, including air dispersion modeling and BACT analysis. Expert testimony was given in public hearings to support local permitting.

Air Quality Permits for Four Pike Industries, Inc. Asphalt and Rock Crushing Facilities. Mr. Guldberg obtained a State air quality permits for Pike Industries’ 300-tpd granite crushing operating in Websterville, Vermont that provides aggregate for road building throughout New England, showing compliance with hazardous ambient air standards. He also provided dispersion modeling studies for three other asphalt and aggregate plants in New Hampshire.

Air Permitting for Mt. Hope Rock Products. Air permitting assistance was provided for Tilcon’s 1,200 tph crushed stone plant in Mt. Hope, New Jersey.

Air Quality Permit for Industrial Bituminous Products, Inc. A Comprehensive Plan Approval application was prepared for a 350 ton per hour asphalt batch plant in Wrentham, MA, including a BACT analysis and dispersion modeling.

Health Risk Assessment for Asphalt Terminal. As part of local public hearings on Belcher New England’s asphalt terminal in Chelsea, MA, Mr. Guldberg performed a health risk assessment of VOC compounds and dispersion modeling of PAH, toluene, ethyl-benzene, benzene and xylene concentrations in the nearby residential areas. He also provided expert testimony.

Project Experience – Real Estate Development Services

Air Quality, Noise and Lighting Study for NED Retail Center. New England Development (NED) proposed a large shopping center on Route 117 near I-290 in Leominster, MA containing a Super Wal- Mart, Lowe’s Home Improvement Store, and Kohl’s. Mr. Guldberg performed an air quality, noise and lighting impact study for the project to assess the potential effects on nearby residential areas. A noise mitigation strategy was developed involving noise barriers, and expert testimony was given in public hearings to support the project.

Lighting Analysis for Jordan ‘s Furniture. For Jordan’s Reading, MA store, Mr. Guldberg performed a lighting analysis to verify compliance with th4 State Lighting Code and made recommendations to reduce offsite lighting impacts.

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Mr. Peter H. Guldberg Resume

Air Quality and Noise Impact Studies for the Stockbridge-Munsee Casino in Thompson, New York. In support of a federal EIS for a new casino in upstate New York, Mr. Guldberg directed an air quality and noise impact study. The air quality work examined both stationary and mobile source emissions, permitting requirements, construction impacts and future levels of criteria pollutants near the casino. The noise analysis involved baseline monitoring, and assessment of construction and future traffic impacts.

Local Permit Approvals for Over 80 Super Stop & Shop Supermarkets in the Northeast. Mr. Guldberg has provided cost-effective environmental consulting services for over 80 new and redeveloped Stop & Shop Supermarkets throughout New England, New York, and New Jersey. Noise and air quality studies were performed that included measurement of baseline sound levels, modeling of future sound levels from mechanical equipment and trucking, design of cost-effective noise barriers to ensure compliance with local by-laws, air quality modeling of motor vehicle emissions, and expert testimony at public hearings. Mr. Guldberg has helped Stop & Shop Supermarket Company bring new Super stores on-line faster by shortening the local planning and zoning approval process through his ability to answer concerns with detailed mitigation plans and offer clear public presentations.

Planning and Zoning Approvals for The Home Depot and Lowe’s Home Improvement. Mr. Guldberg has helped The Home Depot and Lowe’s obtain local planning and zoning approvals for 14 stores in Pennsylvania, Maine, Connecticut, New Hampshire, Massachusetts, and Vermont. His work has involved noise impact and mitigation studies for the lumber/hardware stores. Baseline sound level monitoring, coupled with acoustic modeling of sound from trucking, lumber deliveries, HVAC systems, generators, compactors and outside speakers was performed in each study to identify potential impacts. Site-specific mitigation programs were developed to ensure compliance with State and local regulations. Mr. Guldberg also provided expert testimony in public hearings.

Air Quality and Noise Analysis of Pier 4 Redevelopment Project, South Boston. For New England Development’s project to redevelop the Pier 4 waterfront in South Boston with a new mix-use of office, residential and retail, Mr. Guldberg directed air quality and noise studies of the project’s construction and operation. He also assisted with local and State environmental filings, including the ENF, PNF, Draft EIR/PIR and Final EIR/PIR.

Air Quality and Land Use Permits for Stratton Mountain Resort, Vermont. In support of a major expansion of the Stratton Mountain ski resort and its real estate development program, Mr. Guldberg completed several consulting assignments. To support an expanded snowmaking operation, he obtained Pre-construction and Operating Air Quality Permits from the Vermont ANR for an expanded diesel compressor plant. The permit applications included a comprehensive emissions inventory and dispersion modeling for all stationary sources on the mountain including wood fireplaces in private homes. He also performed a noise analysis of the air compressors and new snow guns on the mountain. Projected future noise levels at residential properties, with and without noise barriers, were determined. He provided expert testimony in numerous public hearings before Vermont District Environmental Commission #2 for the Resort’s Act 250 Land Use Permit.

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Project Experience – Transportation Services

Massport – Hanscom Field. Mr. Guldberg performed air quality studies at Hanscom Airport for the 1995 GEIR, and the 2000 and 2005 ESPRs. This work involved ambient monitoring of NO2 at the runway ends, compilation of emission inventories for all criteria pollutants from aircraft operations, ground service equipment, refueling activities, associated motor vehicle traffic, and development of land at Hanscom Field under several future growth scenarios. Dispersion modeling of air pollutant levels in the surrounding four communities was performed, and expert testimony was given in public hearings.

Noise Impact Study of Otis ANGB F-15 Operations on a Proposed Section 40B Housing Development in Sandwich. Mr. Guldberg performed an acoustic monitoring and modeling study of F- 15 operations at Otis Air National Guard Base on Cape Cod and the potential impacts on a proposed nearby Section 40B affordable housing subdivision. Noise monitoring was performed for a week at three locations on the site. Expert testimony was provided before the Massachusetts Housing Appeal Committee and the Sandwich Board of Appeals.

Air Quality and Noise Analysis of Food Warehouse and Trucking Terminal Facilities in New England. Mr. Guldberg has performed air quality and noise monitoring, modeling and impact assessment studies for 13 refrigerated food warehouse and trucking terminal facilities in Massachusetts, Connecticut, and New Hampshire. These studies have supported permitting at the State and local level, and been used to investigate complaints from nearby abutters. Expert testimony was given in public hearings on most of these projects. The projects sites were: Poland Springs/Perrier (Seabrook, NH); Watkins Motor Lines (Windsor Locks, CT); DeMoulas Supermarkets (Tewksbury, MA); SYSCO (Norton, MA); General Mills (Haverhill, MA); Crystal Cold Storage (Medford, MA); Cirelli Foods (Middleborough, MA); Perkins Paper (Taunton, MA); Green St. Warehouse (Foxboro, MA); Haffner Truck Stop (Amesbury, MA); Condyne Warehouse (Franklin, MA); P&O Cold Logistics (Taunton, MA); and Concord Oil Truck Stop (Plainville, MA).

Air Quality Permitting for the Central Artery/Tunnel Project Vent Building No. 3 and 500 Atlantic Avenue Building. Mr. Guldberg performed air quality studies for the Mass. Highway Dept. and a private land owner involving both physical (wind tunnel) modeling and analytical dispersion modeling of NO2, CO and PM10 impacts from the underground portion of I-93 through Boston (the Central Artery/Tunnel Project). This work supported an air rights hotel and condominium development by Boston Edison Company, provided the data for DEP permitting of the Vent Building, and required close coordination with the Mass. Highway Dept., Mass. Turnpike Authority, and DEP air quality staffs.

Air Quality Analysis of the South Station Multi-Modal Transportation Center. Under contract to the MBTA, Mr. Guldberg directed a detailed study of the train, bus and motor vehicle emissions from the proposed South Station Transportation Center on air quality in the financial district of downtown Boston.

Route 146 – Mass. Turnpike Interchange EIS/EIR. As consultant to the Massachusetts Highway Department (MHD), Mr. Guldberg performed all of the air quality mesoscale and microscale studies for the project, which involved the widening of Route 146 and the construction of a new interchange with I- 90. The CAL3QHC and MOBILE models were used. The air quality impacts of hazardous air

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emissions from excavation of contaminated soil at the site were also analyzed. Mr. Guldberg gave expert testimony in public hearings for the MHD.

API Research Study of Gasoline Refueling Emissions. Mr. Guldberg was Principal Investigator on an American Petroleum Institute (API) research project to investigate refueling emissions and the compatibility of a Gilbarco vacuum-assisted vapor recovery system (VRS) with onboard refueling vapor recovery (ORVR) canisters installed on motor vehicles. This two-phase study involved fleet-wide tests at a California service station and laboratory tests at a SHED facility in Arizona. The study directly measured pressure-related fugitive emissions from the UST system and the results were used to quantitatively assess the accuracy of CARB’s methods for calculating ‘excess emissions’ when ORVR is used in conjunction with vacuum-assist VRS. Fill pipe and cap-removal puff emissions were also measured as a function of many variables. The results demonstrate that there is no ORVR incompatibility or excess emissions when a mini-boot nozzle is used on a Gilbarco VRS. The study results provide improved estimates of refueling emissions for use in Statewide VOC emission inventories.

Refueling Emission Controls at Retail Gasoline Stations. This consulting project for the American Petroleum Institute (API) involved developing a computer model of refueling emissions that properly accounts for the effect of ORVR incompatibility with Stage II Vapor Recovery Systems (VRS) and replicates EPA’s MOBILE6 emissions model in all other respects. Using this tool, HC emission inventories were developed for refueling activities at gasoline stations in New Jersey, Pennsylvania, Washington (State), and Texas. The study results demonstrate that phase-in of vehicles equipped with ORVR will produce only very minor emission increases over a limited period of time in the States that use Stage II VRS. API used these reports in convincing several States that California Enhanced Vapor Recovery (EVR) regulations are not necessary.

Connecticut Route 25 EIS. For ConnDOT, Mr. Guldberg performed mesoscale and microscale air quality modeling of 11 Build alternatives for improvements to Route 25 in Fairfield County, along with the SIP conformity demonstration. Text was written for the EIS.

Massport - Logan International Airport. Mr. Guldberg assisted the Massachusetts Port Authority on ten major environmental projects at Logan International Airport. For the Logan Airside Improvements Planning Project (LAIP) Feasibility Study, he performed analyses demonstrating the air quality and odor reductions associated with new taxiway and runway construction to reduce aircraft operation delays. This work included complete emission inventories for the airport and dispersion modeling to determine community concentrations. Mr. Guldberg gave expert testimony at community workshops and public meetings. For the Logan Mobile Gasoline Refueling Emissions and Emission Offsets study, he quantified emission reductions related to fuel conversion of Massport and tenant service vehicles. For the International Gateway EIS/EA, he provided the air quality analysis that included emission inventories to document the change associated with a new Terminal E building and wrote portions of the MEPA and NEPA filings. For the Logan 2000 Improvements to the Central Heating/Cooling Plant, Mr. Guldberg performed dispersion modeling to determine the height and location of new stacks for the three steam boilers and new emergency generators in the North Annex, and he evaluated the downwash effects of alternative designs for the new Hilton Hotel on the Central Plant. For the Logan GEIR 1994 and 1995 Annual Updates, he assisted with strategic planning for the air quality work to ensure consistency with that in the LAIP and International Gateway EIS's. For the Logan Growth and Impact

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Control (LOGIC) Study Phases I and II, Mr. Guldberg provided the air quality and cumulative noise (EPNdB) analyses of how Logan can accommodate growth while keeping community impacts at or below current levels. In the LOGIC study, developed the Logan Air Quality Modeling System now being used in the LAIP EIS/EIR. For the Logan Chelsea Satellite Parking Garage EIR, he prepared the entire DEIR and FEIR for the new Massport employee garage. Also, for the Logan North Service Area EIR he prepared the air quality and noise (Ldn) studies of aircraft, train and motor vehicle sources. Finally, for the Logan Life Safety Study, Mr. Guldberg performed air testing inside the TWA and AA hangars at Logan and provided recommendations for reducing worker exposure to air contaminants.

Examples of Expert Testimony

Massachusetts Department of Telecommunications and Energy. Russell Biomass Energy. Case DTE/DPU 06-60. Air quality and noise impacts of a 50-MW biomass power plant in western Massachusetts.

Vermont Public Service Board. UPC Vermont Wind. Docket No. 7156. Noise impacts of a 45 MW wind turbine project in northern Vermont.

Vermont District Environmental Commission #5. Moretown Quarry. Case # 5W1455. Air quality impacts of a new granite quarry.

Massachusetts Superior Court. Quirk et al. v. Quarry Hills Associates, McCourt Construction and the City of Quincy, Nos., 98-00995 and 909-00445. Air quality impacts of a Central Artery dirt truck hauling and land-filling activity on adjacent commercial property.

Vermont Environmental Court. Curtis et al. vs. Verizon Wireless, Case No. 203-11-03. Noise impacts of a wireless telecommunications facility in a residential area.

Boston Municipal Court. Jake, Inc. vs. Murray Fine, Case No. 2004-CE-73. Noise impacts of a nightclub on a residential, luxury condominium.

Massachusetts Energy Facilities Siting Board. Cape Wind Associates, LLC and Commonwealth Electric Co. dba NSTAR Electric. Case 02-2/DTE 02-53. Noise and vibration effects of a 450 MW offshore wind turbine project in Nantucket Sound.

Maryland Public Service Commission. Free State Electric, LLC. Case 8843. Noise impacts of a 1,650 MW combined-cycle power plant.

New York Department of Public Service. Astoria Generating Company, LP. Case No. 00-F-1522. Noise impacts of an 1,800 MW combined cycle re-powering project in Queens, NY.

Massachusetts Energy Facilities Siting Board. Cabot Power Corporation. Case 91-101A. Air quality and noise impacts of a 350 MW co-generation power plant.

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Massachusetts Housing Appeals Committee. Farmview Affordable Homes v. Sandwich Board of Appeals. Case 2002-32. Noise impacts of F-15 aircraft operations at Otis ANGB on a Section 40B housing subdivision.

Vermont District Environmental Commission #1. The Home Depot. Case 1R0048-12. Noise impacts of a redeveloped retail center in Rutland.

District of Columbia, Public Service Commission. Potomac Electric Power Co. Case 877. Air quality impacts of a 95-MW combustion turbine generator.

District Court, Paducah, Kentucky. Rudolph v. EEI. Air quality impacts of the 1100 MW Joppa Steam Electric Station, Joppa, Illinois.

Massachusetts Hazardous Waste Facility Site Safety Council. Air quality impacts of the 45,000 tpy Clean Harbors hazardous waste incinerator in Quincy, Massachusetts.

Illinois State Environmental Board. Air quality impacts of the Central Illinois Public Service Company Coffeen Steam Electric Generating Station, Coffeen, Illinois.

Vermont Public Service Commission. Air quality impacts of the 240 tpd Vermont Integrated Waste Solutions incinerator, Rutland, Vermont.

Rhode Island State Environmental Board. Air quality impacts of the Fort Barton hazardous waste incinerator, Warwick, R.I.

District Court, Peabody, Massachusetts. City of Gloucester v. Burger King. Air quality impacts of traffic associated with a restaurant in Gloucester.

Selected Publications and Presentations

“Outdoor Wood Boilers – New Emissions Test Data and Future Trends,” presented at the 16th Annual International Emissions Inventory Conference, Raleigh, NC, May 2007.

“Managing Change in the Environmental Industry,” presentation to the Environmental Business Council, Lexington, MA, October 2001.

“Understanding the Clean Air Act,” Environmental Regulatory Course, Boston, 1998 and 1999.

“Advanced Air Pollution Modeling Course,” a two-day course given for the Air & Waste Management Association, November 1996.

“The Use of Hourly Meteorological Data in CAL3QHC2 to Improve 8-Hour CO Predictions,” presented at the 87th Annual Meeting of the Air & Waste Management Association, Cincinnati, OH, June 1994.

12

Mr. Peter H. Guldberg Resume

“Gasoline and Vapor Exposures in Service Station and Leaking Underground Storage Tank Scenarios,” Journal of Exposure Analysis and Environmental Epidemiology, 2:1, 1992.

“Treatment of Industrial Air Discharges,” a lecture given as part of the 3rd Annual Environmental Science for Lawyers Series, Boston Bar Association and the Center for Environmental Management, Tufts University, Fall 1991.

"Developing Protocols for Motor Vehicle Air Quality Modeling," presented at the ASCE Specialty Conference on Transportation Planning and Air Quality, Santa Barbara, CA, July 1991.

“Outdoor Air Pollution,” a lecture given as part of the Environmental Science for Lawyers Series, Boston Bar Association and the Center for Environmental Management, Tufts University, Fall 1989.

"The Health Risks of Fugitive Ash Emissions from the Haverhill Resource Recovery Facility Ash Monofill," paper 89-6.9, presented at the 82nd Annual Meeting of the Air & Waste Management Association, Anaheim, CA, June 1989.

"EPA Dispersion Models for Air Pollution Control," in Encyclopedia of Fluid Mechanics, Volume 6: Complex Flow Phenomena and Modeling, Gulf Publishing Company, Houston, 1987.

"A Generalized Model for Estimating the Concentration of PAH in Urban Air," in Polynuclear Aromatic Hydrocarbons: Formation, Metabolism, and Measurement, Battelle Press, Columbus, OH, 1983.

APTI Course SI:410 Introduction to Dispersion Modeling Self-Instructional Guidebook, Publication No. EPA-450/2-82-007, Research Triangle Park, NC, March 1983.

"A Validation Study of Horizontal Dispersion Rates for Tall Stacks During Class A Events," Proceedings of AMS Fifth Symposium on Turbulence, Diffusion and Air Pollution, Atlanta, GA, 1981.

"A Comparative Validation of Air Dispersion Models for Short-Term SO2 Concentrations in Two Urban Areas," JAPCA, 28:907, September 1978.

"Secondary Impacts of Major Land Use Projects," Journal of the American Institute of Planners, 43:260, July 1977.

"A Comparison Study of Plume Rise Formulas Applied to Tall Stack Data," Journal Applied Meteorology, 14:1402, October 1975.

13

J. Christopher Hocker

Public Service Commission Case No. 08-T-______Hudson Transmission Partners, LLC

1 Q. Please state your name, employer, and business address.

2 A. J. Christopher Hocker, Hudson Transmission Partners, LLC, 501 Kings

3 Highway East, Fairfield, Connecticut 06825.

4 Q. In what capacity are you employed?

5 A. I am Vice President, Planning for Hudson Transmission Partners.

6 Q. For what parts of the application are you responsible?

7 A. Exhibits 1, 2, 3, 6, 7, 9, and E-6 were prepared under my supervision.

8 Q. Please explain your professional background and expertise.

9 A. Please see attached curriculum vitae.

J. Christopher Hocker

Christopher Hocker is Vice President, Planning for the proposed Hudson Transmission Project. He serves in an identical capacity for Neptune Regional Transmission System, LLC, where he was responsible for pre-construction planning, coordination, regulatory compliance, and community relations for an undersea electric power transmission line (65 miles, New Jersey to New York) connecting Long Island with electricity markets in the mid-Atlantic states. The privately-financed line was completed in June of 2007.

Mr. Hocker has more than 20 years of experience in the electric power industry that encompasses project planning, licensing and permitting, government and community relations, business development, and corporate communications. Between 1990 and 2004, he was employed by Enel North America, Inc., and its predecessor company, CHI Energy, Inc., which specialized in renewable energy generation. With CHI, he initially focused on licensing, planning, and government and community relations for a proposed 1500-MW power project, responsible for preparing successful siting applications for the project generating facility as well as an associated 345-kV transmission line. Later, as Senior Vice President, Corporate Affairs for CHI, he was involved in all aspects of business development, strategic planning, communications, and government relations. He served on the board of directors of the National Hydropower Association, a Washington, D.C.-based trade association of utility and independent hydropower owners, including one year as president of the association.

Previously, Mr. Hocker was a communications consultant for companies involved in the engineering, energy, and environmental fields independent power industry.

Education Bachelor of Arts, English and Communication, Stanford University 1973.

Professional 1994-Present: Vice President, Planning -- Neptune Power experience Ventures LLC and Affiliated Companies

Responsible for pre-construction planning, coordination, permitting, regulatory compliance, and community relations for Neptune Transmission Project, an HVDC, undersea electric power transmission line connecting Long Island with electricity markets in the mid-Atlantic states, completed in 2007. Holds similar responsibilities for the proposed Hudson Transmission Project, an underwater transmission line connecting PJM to New York City.

2

1990 – 2004: Senior Vice President, Corporate Affairs (2000- 2004) and Vice President (1992-2000), Enel North America, Inc.

Worked directly with CEO and senior executive team on all aspects of company growth and development, handling corporate communications and government and community affairs for U.S. subsidiary of a $30 billion European energy company (formerly CHI Energy, Inc.). The company focused on hydro, windpower, and other renewable technologies in the U.S. and Canada. Responsibilities also sourcing and origination of project development and acquisition, and corporate M&A opportunities in the United States and Central America, and project environmental compliance and licensing/permitting.

1988 – 1990: Independent Consultant

Independent contractor producing wide variety of written communications: brochures, newsletters, business plans, magazine articles, manuals, permit applications, etc. Utility, industrial manufacturing, engineering, and environmental consulting clients.

Published articles • “The LIPA Connection,” Transmission & Distribution World, August 2007 (with Richard Kessel and John Duschang) • Articles in World Power 2001, World Power 2002, and Fundamentals of the World Power Industry (Petroleum Economist) 2002. • Former Contributing Editor, Independent Energy magazine; wrote numerous articles on all aspects of the independent power business, 1989-1996.

2 Joel Klein, Ph.D, RPA

Public Service Commission Case No. 08-T-______Hudson Transmission Partners, LLC

1 Q. Please state your name, employer, and business address.

2 A. Joel Klein, John Milner Associates, 1 Croton Point Avenue, Croton-on-

3 Hudson, New York, 10520.

4 Q. In what capacity are you employed?

5 A. I am the Associate Director of the Cultural Resources Department.

6 Q. For what parts of the application are you responsible?

7 A. I am responsible for Exhibit 4.10.

8 Q. Please explain your professional background and expertise.

9 A. Please see attached curriculum vitae.

JOEL I. KLEIN, Ph.D., RPA Associate Director Cultural Resources Department John Milner Associates, Inc. 1 Croton Point Avenue Croton-on-Hudson, NY 10520 (914) 271-0897 (phone) (914) 271-0898 (fax) [email protected]

EDUCATION

Ph.D. New York University Anthropology 1981 M.A. New York University Anthropology 1973 B.S. City College of New York Anthropology 1970

PROFESSIONAL CERTIFICATION

1977-present Registered Professional Archeologist (RPA) No. 10466

ADDITIONAL TRAINING

Advisory Council on Historic Preservation Advanced Training Course in NHPA Section 106 Review National Park Service/Tennessee Valley Authority Archaeological Site Stabilization Training Course Federal Bureau of Investigation Location of Human Remains Training Course U.S. Environmental Protection Agency Approved Health and Safety Training for Hazardous Waste Operations OSHA Hazardous Waste Health and Safety Supervisor Training OSHA Excavation Safety Training for Competent Persons FEMA Coordinating Environmental & Historic Preservation Compliance Course

PROFESSIONAL AFFILIATIONS

Society for American Archaeology New York Archaeological Council Professional Archaeologists of New York City New York State Archaeological Association The International Group for Historic Aircraft Recovery

NEW YORK PROJECT EXPERIENCE (John Milner Associates, Inc.)

2006-2007 WRT and The Trust for Public Lands. Cultural Resources Task Manager responsible for historic preservation compliance associated with the development of Southpoint Park, Roosevelt Island, New York.

2006-2007 Epsilon Associates, Inc. and Noble Wethersfield Wind Park LLC. Project Manager responsible for Phase I cultural resources surveys for a proposed 230kv electric transmission line associated with a 156 MW wind-powered electric generating project in Wyoming County, NY. Joel I. Klein Resume, page 2

2005-2007 Ibedrola Renewable Energies USA and Community Energy, Inc., Jordanville Wind Power Project. Project Manager responsible for a Phase I cultural resources survey of a 6000-acre study area associated with a proposed 75-turbine wind-powered electric generating project in Herkimer County, NY. Also responsible for preparation of a GIS-based work plan for field investigations.

2005-2007 Horizon Energy and ESS Group, Inc., Marble River Wind Power Project. Project Manager responsible development and execution of a GIS-based work plan for a Phase I cultural resources survey of a 19,000-acre study area associated with a proposed 109-turbine wind- powered electric generating project in Clinton County, NY.

2004-2007 NYS Office of Technology/Devorsetz Stinziano Gilberti Heintz & Smith. Cultural Resources lead, responsible for preparing archeological and historic resources section of the Generic Environmental Impact Statement for New York’s Statewide Wireless Network Project. Also responsible for review of cultural resources components of individual facility applications submitted to the FCC.

2002-2007 New York State Education Department and NYS Department of Transportation. Project Director responsible for management and supervision of cultural resource surveys of highway and other transportation projects located throughout New York State. Projects include: Sodus Bay Bridge Replacement (Wayne County); Route 15 A project (Monroe County); Rt. 60 Bridge Replacement (Chautauqua County); I-490/Sanford Road Separation (Monroe County); Rts. 5/20 Reconstruction (Livingston County); Rt. 17/I-86 conversion (multiple Phase I and Phase II survey projects) (Sullivan and Delaware Counties); West Canada Creek Bridge Replacement, (Herkimer and Oneida Counties); proposed roundabout in the Town of Mayfield (Fulton County); Terwilleger Creek Bridge Replacement (Montgomery County); Route 440 Park and Ride Facility (Staten Island).

2006 Devorsetz Stinziano Gilberti Heintz & Smith/Spectra Environmental Group, Inc. Provided expert testimony concerning archeological and historic architectural studies conducted in association with the proposed Watertown Towne Center development in Watertown (Jefferson County), NY.

2006 Reunion Power, LLC, East Hill Wind Farm. Project Manager responsible for a Phase 1A survey of a 1,200 acre Study Area associated with a 70MW, 24-turbine wind power project in Otsego County, New York.

2006 Kramer Levin Naftalis & Frankel, LLC, the Centre at Purchase Parcel B. Project Manager responsible for a Phase I cultural resources survey of a proposed office building site on a 35- acre parcel within the former boundaries of the historic Ophir Farm, Town/Village of Harrison, Westchester County, New York.

2006 CDM Federal Programs, Hopewell Precision Groundwater Contamination Site. Project Manager responsible for a Phase 1A archeological sensitivity evaluation of contaminated groundwater plume and vicinity. Dutchess County, New York.

2006 Sasaki Associates, Inc. Project Manager, Phase I archeological survey of a proposed 1,035- acre resort/residential development project in Sullivan County, New York.

2006 Westchester County (NY) Dept. of Parks, Recreation & Conservation. Project Manager, Phase I archeological survey of proposed Croton Point Park maintenance facility site, and proposed County Center parking lot realignment. Joel I. Klein Resume, page 3

2006 NYS Department of Transportation/New York State Museum. Phase I archeological survey of a proposed discharge basin, and relocation of a buried nineteenth-century well using ground-penetrating radar. Town of Brookhaven, Suffolk County, New York.

2006 Blasland, Bouck & Lee, Inc., Project Manager, Phase I archeological survey for Mahopac Central School District’s proposed wastewater treatment facilities project, Putnam County, NY.

2006 Croton-Harmon Union Free School District, Project Manager, Phase I archeological survey for proposed Carrie E. Tompkins Elementary School turnaround lane.

2005-2006 Windhorse Power, LLC, Beekmantown Wind Project. Project Manager responsible for a Phase IA cultural resources survey of a 600-acre study area associated with a proposed 10- 13-turbine wind-powered electric generating project in Clinton County, NY.

2003-2006 Coalition of 9/11 Families. Special Consultant to the Executive Board of the Coalition of 9/11 Families concerning historic preservation issues associated with the redevelopment of the World Trade Center Site in New York City.

2005 NYS Office of Parks Recreation and Historic Preservation (Palisades Interstate Park Commission). Project manager responsible for Phase I archeological surveys associated with new underground electrical service installation at Minnewaska State Park, Ulster County, New York.

2005 Parsons/LIRO LLC and Triborough Bridge and Tunnel Authority. Project manager responsible for developing and implementing archeological testing and human remains protocols associated with new bridge ramp construction at the location of former Potters Fields on Wards and Randalls Islands, New York, New York. Responsible for coordination with the Office of the Chief Medical Examiner.

2005 Anray Custom Builders. Project Manager responsible for implementation of an archeological data recovery program at an Archaic/Woodland Native American site in Glen Cove, New York. Work was required by the Nassau County Planning Commission as a condition of approval for a proposed 5-lot subdivision.

2005 ENTRIX Environmental Consultants and the Federal Energy Regulatory Commission, Broadwater LNG Project. Responsible for preparing cultural resources sections of the EIS for a proposed off-shore LNG facility to be located in Long Island Sound, Suffolk County, New York.

2005 Comlinks, Peaceful Valley Townhouses. Project Manager responsible for a Phase I archeological survey o the site of a proposed affordable housing development in Warren County, New York.

2005 NYS Office of Parks Recreation and Historic Preservation. Project manager responsible for Phase III archeological data recovery of at multi-component (historic/Native American) on the site of the proposed Rivers and Estuaries Center in Hudson Highlands State Park, Dutchess County, New York.

2005 New York City Department of Environmental Protection, Water Tunnel #3. Project manager responsible for Phase 1A archeological sensitivity evaluation of, and archeological monitoring at, three proposed shaft locations associated with public water supply facilities.

Joel I. Klein Resume, page 4

2005 CDM Federal Programs, Cayuga Groundwater Contamination Site. Project Manager responsible for a Phase 1A archeological sensitivity evaluation of contaminated groundwater plume and vicinity. Cayuga County, New York.

2005 Avalon Bay Communities, Chrystie Place III Project. Project Manager responsible for supervision of a NYC Landmarks Commission-mandated archeological survey of the site of a proposed development in lower Manhattan located on a former cemetery site. Also responsible for preparation of a human remains discovery protocol for the project.

2005 GC Environmental, Inc. Project manager responsible for preparing cultural resource evaluations associated with proposed telecommunication tower sites in New York and New Jersey. Responsible for the preparation of Federal Communications Commission forms 620 or 621 for ten different project sites.

2005 CDM Federal Programs, Old Roosevelt Field Contaminated Groundwater Superfund Site. Project manager responsible for a Phase 1A cultural resources sensitivity assessment of a 214-acre commercial property in the Village of Garden City, Town of Hempstead, Nassau County, New York.

2000-2005 Mohonk Road Industrial Plant (MRIP) Superfund Site/High Falls Public Water Supply Project, Ulster Co., New York. Project manager responsible for the design and construction of a GIS archeological sensitivity model for project area and surrounding region; multiple Phase 1B surveys within public water supply area and proposed wastewater treatment plant site. Work conducted for USEPA under contracts with the Army Corps of Engineers.

2004 Phipps Houses. Extra Place Apartments, Project Manager, Phase IB archeological investigations of a proposed housing complex located at Bowery and First Streets , New York, NY.

2004 NYC Department of Parks and Recreation., Fairview Park. Project Manager responsible for a Phase 1B archeological survey of a 15-acre parcel proposed for development as recreational athletic facilities; and a Phase 2 archeological investigation of a pond feature associated with the nineteenth-century Kreischer Estate. Staten Island, New York.

2004 National Park Service, General Grant National Memorial (Grant’s Tomb), New York City. Project manager responsible for Phase 1 archeological survey of locations of proposed infrastructure improvements.

2004 NYS Office of Parks Recreation and Historic Preservation. Project manager responsible for Phase I and II archeological surveys of the location of proposed Rivers and Estuaries Center in Hudson Highlands State Park, Dutchess County, NY..

2004 New York City Department of Parks and Recreation, Sailors Snug Harbor, Staten Island, NY. Project Manager, in charge of archeological investigations associated with landscaping and other site improvements being carried out by NYCDPR.

2000-2004 Atlantic Renewable Energy Corp., Flat Rock (Maple Ridge) Wind Power Project. Project Manager responsible for a Phase I cultural resources surveys of a the study area associated with a 300- MW wind-powered electric generating project and associated transmission lines in Lewis County, NY being licensed by the NYS Public Service Commission.

2003-2004 New York City Department of Parks and Recreation. Conference House Park, Project Manager Phase 2 archeological investigations in association with landscape renovations at three National Register/National Historic Landmark archeological and/or historic properties Joel I. Klein Resume, page 5

(including the Ward’s Point site, Burial Ridge, and the Conference House). Staten Island, New York.

2003 Avalon Bay Communities, Chrystie Place II Project. Project Manager responsible for supervision of a NYC Landmarks Commission-mandated archeological survey of the site of a proposed development in lower Manhattan located on a former cemetery site. Also responsible for preparation of a human remains discovery protocol for the project.

2003 Horses in the Sun (HITS) Phase 1A Archeological Survey. Project Manager responsible for background research and archeological sensitivity evaluation for a proposed 200-acre horse show facility in Ulster County, New York.

2003 Athens Generating Company, Historic Architectural Re-survey. Project Manager in charge of updating and revising the historic architectural survey o the viewshed associated with the Athens Generating Facility, Greene County, New York.

2003 CDM Federal Programs Corporation. Project Manager responsible for a Stage IA cultural resources survey of the Lawrence Aviation Industries, Inc. Superfund Site, Suffolk County, NY.

2003 Tappan Zee View Subdivision Phase 1A/1B Archeological Survey. Project Manager responsible for background research and archeological survey of the site of a proposed subdivision in Tarrytown, Westchester County, New York.

2001-2003 New York University Law School Expansion, Phase 1B/II/III investigation, data recovery, and artifact analysis of late-nineteenth- and early-twentieth-century archeological features on two lots in Manhattan, New York.

2002-2003 Epsilon Associates, Inc. and Besicorp Development Corporation, Besicorp-Empire Development Project Natural Gas Pipeline. Project Manager responsible for archeological surveys carried out in conjunction with preparation of a New York State Article VII application for a 6.5-mile natural gas pipe line in Rensselaer County, New York.

2000-2005 Army Corps of Engineers (Philadelphia District) and USEPA High Falls Public Water Supply Installation Project. Project Manager responsible for development and field testing of a GIS-based model for predicting the archeological sensitivity of areas which would be affected by installation of a water system in the Village of High Falls, Ulster County, NY.

2002 New York City Department of Design and Construction, City Island Water Main Project. Project Manager responsible for supervision of NYC Landmarks Commission-mandated archeological monitoring of construction of a new water line in Pelham Bay Park, Bronx, New York.

2002 Arete International, Long Island City Rezoning. Project Manager responsible for developing a protocol for archeological and forensic anthropological investigations at the site of the former Van Alst Family Cemetery, Queens, New York.

2002 SeaWest Wind Power. Project manager responsible for preparing a cultural resources fatal- flaw analysis for a proposed wind power project in Madison and Oneida Counties, New York.

Joel I. Klein Resume, page 6

2002 Cohen and Jason, Sharon Lane Subdivision. Project Manager responsible for a Phase IA cultural resources survey of the site of a proposed subdivision in the Village of Scarsdale, Westchester County, New York.

2002 ENSR International Liberty Generating Project, Phase 1A Archeological Survey. Project Manager responsible for background research and archeological sensitivity evaluation for a proposed underground electric transmission cable on Staten Island, New York.

2002 Greenburgh Dept. of Public Works. Project manager responsible for Phase I cultural resources survey of the North High Zone Loop water line project in the Town of Greenburgh, Westchester County, New York.

2002 Athens Generating Company, Phase II Archeological Evaluation. Project Manager in charge of assessing the significance of archeological sites located along the construction ROW of a gas transmission line associated with the Athens Generating Facility, Greene County, New York.

1999-2002 Epsilon Associates, Inc. and Besicorp Development Corporation, Empire State Newsprint Electric Transmission Line Project. Project Manager responsible for archeological and architectural surveys carried out in conjunction with preparation of a New York State Article VII application for a 345kV electric transmission line in Rensselaer County, New York.

2001-2002 Allee King Rosen & Fleming. Project Manager responsible for Stage 1A archeological surveys for the Brooklyn and Queens components of the Cross Harbor Freight Movement Project.

2001-2002 PSEG Power Cross Hudson Project. Project Manager responsible for Phase IA cultural resources surveys for a proposed 345-kV underground/submarine electrical transmission line between Bergen County, NJ and New York, NY.

2001-2002 Environmental Science Services and Northeast Utilities Services Co., HVDC Submarine Cable CLIC Project. Project Manger responsible for preparing a cultural resources impact evaluation for a proposed submarine cable between Norwalk, Connecticut and Hempstead Harbor, Long Island, New York.

1999-2002 ENSR Corporation and Besicorp Development Corporation, Empire State Newsprint Project. Project Manager responsible for archeological and architectural surveys carried out in conjunction with preparation of a New York State Article X application for a proposed gas-fired cogeneration power plant/newsprint facility in Rensselaer, New York.

2001 Environmental Science Services, LIPA-CL&P Submarine Cable Replacement Project. Project Manger responsible for preparing a cultural resources impact evaluation for a proposed submarine cable between Norwalk, Connecticut and Northport, Long Island, New York.

2001 CDM Federal Programs Corporation. Project Manager responsible for a Stage IA cultural resources survey of the Mercury Refining Company Superfund Site, Albany County, NY.

2001 CDM Federal Programs Corporation. Project Manager responsible for a Stage IA cultural resources survey of the Hiteman Leather Company Superfund Site, West Winfield, Herkimer County, NY.

Joel I. Klein Resume, page 7

2001 New York City Department of Design and Construction, Bloomingdale Park Project. Project Manager responsible for Phase IA and IB archeological surveys of a proposed recreation complex located on undeveloped parkland on Staten Island, NY.

2000-2001 Environmental Science Services, Inc. and Orion Power, Astoria Repowering Project. Project Manager responsible for cultural resources component of New York State Article X application for an 1800-MW gas-fired power plant in Queens, New York.

2000-2001 Atlantic Renewable Energy Corp., Fenner Wind Power Project. Project Manager responsible for a Phase I cultural resources survey of a 1400-acre study area associated with a proposed wind-powered electric generating project in Madison County, NY.

2000 Town of Cortlandt, New York, Bear Mountain Toll House Project. Project Manager responsible for preparation of a Phase IA cultural resources survey associated with proposed restoration of a National Register of Historic Places-listed structure in Westchester County, NY.

1998-2001 U.S. Generating Company, Athens Cogeneration Project, Greene Co., NY. Project Manager responsible for Phase I archeological surveys of project intake and discharge water lines, access roads and transmission lines; presentation of expert testimony to the New York State Board on Electric Generation Siting and the Environment; assisting project attorneys with NHPA Section 106 compliance requirements associated with the Project’s Army Corps of Engineers permit.

2000 Caithness Energy Project. Project Manager responsible for supervision of Phase I archeological survey of the 42-acre site associated with a proposed power plant in Medford, Suffolk Co., NY. Also responsible for supervision of associated architectural surveys and assessment of the project’s visual impacts on historic structures.

1999-2000 John Meyer Consulting, Inc./Village of Dobbs Ferry. Wickers Creek Archeological Monitoring Project. Project Manager responsible for supervision of archeological monitoring at the site of a proposed 140-unit townhouse development located in Westchester County, New York; prepared emergency discovery protocol.

1998-2001 American National Power/Environmental Science Services, Inc., Ramapo Energy Project. Project Manager responsible for Phase I archeological and architectural surveys of a 50-acre parcel proposed for a gas-fired power plant; also responsible for preparation of relevant sections of a NYS Article X application and presentation of expert testimony to the New York State Board on Electric Generation Siting and the Environment.

1998-2000 New York City School Construction Authority/Wall & Associates, Inc. Project Manager responsible for preparation of historic and archeological screenings and evaluations for proposed school locations. Specific project sites include PS 234, PS 137, PS 108, the Early Childhood Center, and Auburndale High School (Queens); PS 274 and PS 156 (Brooklyn); and PS 650 (Bronx).

1999 Molly MacQueen Environmental Planning and Review/Wachtel and Masyr, LLP; College Point Residential Development. Project Manager responsible for preparing a Phase IA cultural resources survey of a 34-townhouse/204-apartment development at College Point, Queens County, New York.

1999 Environmental Science Services Inc./TransEnergie, U.S. Ltd. Cross Sound Cable Project. Project Manager responsible for conducting a Phase 1A archeological survey of the landfall Joel I. Klein Resume, page 8

and upland components in Suffolk County , New York, of a proposed a submarine electrical transmission line across Long Island. Also responsible for assisting in the preparation of an Article VII application to the New York State Board on Electric Generation Siting and the Environment.

999 PG&E Generating Company, Madison Wind Energy Project. Project Manager responsible for Phase I cultural resources survey of the site of a proposed wind energy generating facility in Madison County, New York.

1999 Allee, King, Rosen & Fleming Inc.//Blumenfeld Development Group, Ltd. Project Manager. Phase IB/II archeological investigations, Charleston Retail Center, Staten Island, NY.

1998-1999 Mattone Development Group. Project Manager, Phase II and III archeological investigations. Queens Family Court and Family Court Agencies Facility, Jamaica, Queens, NY.

1998-1999 Dormitory Authority of the State of New York/Edwards and Kelcey Engineers. Principal Archeologist and Project Manager, Phase II and III archeological investigations. Queens Family Court and Family Court Agencies Facility, Jamaica, Queens, NY.

1998 Dorio Subdivision. Principal Investigator responsible for preparing, in accordance with NY SEQR requirements, an archeological sensitivity evaluation for a proposed 10-acre subdivision in East Fishkill, Dutchess County, New York.

1998 Dormitory Authority of the State of New York/Edwards and Kelcey Engineers. Project Manager. Phase IA archeological documentary investigations. Queens Hospital Center, Jamaica, Queens, NY.

1997 Project Manager. Phase IA archeological documentary investigations. 3831 Putnam Avenue West, The Bronx, NY.

1997 Dormitory Authority of the State of New York/Edwards and Kelcey, Engineers. Project Manager, Phase IA archeological documentary investigations. Kings County Hospital Center, Brooklyn, NY.

OTHER NEW YORK PROJECT EXPERIENCE

1988-1997 Federal Energy Regulatory Commission (FERC), Office of Pipeline Regulation (OPR). Cultural Resources Lead for FERC’s Environmental Support Services contractor. Responsible for supervising the preparation of cultural resources sections of Environmental Impact Statements and Assessments for the following projects: Iroquois Pipeline (New York, Connecticut) (1989-91); Liberty Pipeline (New York, New Jersey) (1992-1993);

1986-1996 United States Environmental Protection Agency, REM III/ARCS II Programs, Program Cultural Resources Lead. Responsible for supervision of cultural resources studies carried out in conjunction with preparation of Remedial Investigations and Feasibility Studies (RI/FS) for Superfund hazardous waste sites located in the eastern United States. Responsible for supervising archeological and historic architectural field surveys, cultural resources data collection, and preparation of impact assessment evaluations for the following New York project sites: Claremont Polychemical (Nassau Co., NY), Marathon Battery (Putnam Co., NY), BEC Trucking (Broome Co., NY), Wide Beach (Erie Co., NY), Kentucky Avenue (Chemung Co., NY).

Joel I. Klein Resume, page 9

1991-1994 New York City Department of Environmental Protection, East of Hudson Dams Rehabilitation Project, Cultural Resources Task Leader. Responsible for all aspects of compliance with State and Federal historic preservation compliance requirements associated with the rehabilitation of historically significant dams (including Amawalk, Titicus, Muscoot and Kennsico dams in Westchester and Putnam Counties) within New York City’s Croton River water supply system; liaison with New York City Arts Commission; identified cultural resource concerns associated with proposed engineering and design modifications.

1991 Harbor View Development Corporation, Project Manager. Supervised preparation of a Stage I cultural resources survey of a proposed housing development on Staten Island, New York.

1990 InterPower of New York, Halfmoon Cogeneration Project. Supervised preparation of a multidisciplinary assessment (air and water quality, noise, land use, cultural resources, aesthetics, terrestrial ecology and wetlands, transportation, and socioeconomics) of the comparative environmental impacts of a gas fueled alternative to a proposed 200 MW coal- fired cogeneration facility in Saratoga County, New York. Presented testimony to the New York State Board on Electric Generation Siting and the Environment.

1987-1990 InterPower of New York, Halfmoon Cogeneration Project, Cultural Resources Task Leader. In charge of scoping and supervision of archeological and architectural surveys at a proposed 200 MW coal-fired cogeneration site in Saratoga County, New York; preparation of NHPA Section 106 compliance documentation and input to New York State Article VIII application; evaluation of construction and operational impacts; liaison with SHPO and NYDEC; presentation of expert testimony to the New York State Board on Electric Generation Siting and the Environment.

1989 US Navy, Arnold Street Housing Area. Project Manager in charge of a cultural resources survey of a 20-acre tract proposed for housing as part of the Navy’s Home Port Project for Staten Island, New York.

1988-1989 New York City Transit Authority Queens Subway EIS, Cultural Resources Task Leader. Responsible for preparation of cultural resources sections of environmental impact statement for proposed extensions of the New York City subway system.

1988 Divney Consulting, Lakepointe Woods Development, Putnam County, New York, Project Manager. Responsible for coordination of environmental/cultural resources studies for a 500-acre, 130-unit housing development.

1985-1988 Army Corps of Engineers (New York District), Fort Drum MSW Landfill Site Selection, Project Manager. Evaluated cultural resources sensitivity of proposed alternate project locations; supervised archeological survey of selected location.

1987 Lawler, Matusky, and Skelly, Northport Marina Archeological Survey, Project Manager. Responsible for scoping and supervising a Stage II archeological survey involving deep testing at a proposed marina site in Suffolk County, New York.

1987 New York State Urban Development Corporation, Cultural Resources Task Leader. In charge of collection and assessment of historic and archeological data for use in preparation of New York State’s proposals to the US Department of Energy for the Superconducting Super Collider; responsible for preparing NHPA Section 106 and American Indian Religious Freedom Act compliance plans; liaison with State Historic Preservation Officer; prepared estimates of cultural resources impacts at three proposed sites in Orange, Wayne, and Franklin Counties, New York.

1986-1987 New York Power Authority, Cultural Resources Task Leader. Responsible for managing upland and underwater archeological surveys, historic architectural surveys, and related Joel I. Klein Resume, page 10

impact assessments for a 345 kV electrical cable crossing Long Island Sound. Also responsible for preparation and presentation of expert testimony at New York State Article VII Public Service Commission hearings, and liaison with the New York State Historic Preservation Officer.

1980-1985 National Park Service, Project Manager. Responsible for developing archeological overviews and management plans for 19 US Army DARCOM (now Army Material Command) facilities located throughout the northeast, including the Watervliet Arsenal, the Rotterdam Housing Area, and Seneca Depot in New York.

1983 National Park Service, Project Manager. Responsible for design and supervision of an archeological survey of 107,000 acre Fort Drum, Jefferson County, New York, and developing a historic preservation plan for the Fort.

1980-1982 Consolidated Edison Company. Responsible for providing cultural resources data for use in multidisciplinary evaluation and ranking of 18 alternate solid waste (ash) disposal sites located in the Hudson Valley (New York) and New Jersey.

1981 EG&G Idaho, New York State Briefing Book Project. Social science coordinator responsible for compilation of environmental data for use in preparing documents to be used by state officials in evaluating proposed sites for a low-level nuclear waste repository.

1980 Corland Development Corporation, Mid-Hudson Mall, Dutchess County, New York, Social Science Coordinator. Responsible for preparation of State Environmental Quality Review Act (SEQR) EIS for proposed major regional shopping mall.

1977-1978 Principal Investigator, Stage I Cultural Resource Survey, Rockland County, New York Sewer District No. 1 (Stage 3).

1977-1978 Principal Investigator, Stage I Cultural Resources Survey, Town of Stony Point, Rockland County, New York.

1977 Principal Investigator, Stage I Cultural Resources Survey, Greater Greenwood Lake Drainage Basin, Orange County, New York

1977 Principal Investigator, Stage I Cultural Resources Survey, Town of Ramapo Wastewater Collection System, Rockland County, New York.

1977 Principal Investigator, Stage I Cultural Resources Survey, Village of West Winfield Wastewater Collection System, Herkimer County, New York.

1977 Principal Investigator, Stage I Cultural Resources Survey, Town of Blooming Grove, Orange County, New York.

1976 Principal Investigator, Cultural Resources Survey, City of Peekskill Sewage Treatment Plant Expansion, Westchester County, New York.

1975 Field Director, Cultural Resource Survey, Town of Guilderland Sewer Interceptor Project, Albany County, New York. Supervised survey, site testing, and data recovery excavations at the 17th century Guilderland Glassworks site.

1974 Field Director, Reconnaissance Level Cultural Resources Inventory of the Lower Saw Mill River, Westchester County, New York. Work performed in connection with the US Army Corps of Engineers (New York District) Saw Mill River Flood Control Project.

Joel I. Klein Resume, page 11

OTHER NEW YORK ARCHEOLOGICAL FIELD AND ANALYTICAL EXPERIENCE

1975 Director, York College (CUNY) Field School in Historical Archeology. Directed excavation and analysis of 19th-20th century sites in Jamaica, Queens County, New York.

1971 Assistant Director, City College of New York Archeological Field School. Supervised archeological surveys and excavations at the site of a 19th-20th century free-Black community at Sandy Ground, Staten Island, New York.

1971 Crew, New York University archeological excavations at the Stuyvesant Stockade Historic Site, Kingston, New York.

1970 Crew, Columbia University/New York University/CCNY excavations at the Goodrich prehistoric site, Staten Island, New York.

EMPLOYMENT HISTORY

1997- John Milner Associates, Inc. present Croton-on-Hudson, New York

1979-1997 Foster Wheeler Environmental Corporation (formerly Enserch Environmental; EBASCO Environmental;, and Envirosphere Company, a division of EBASCO Services, Inc.) 1986-1997 Consulting Archeologist and Manager, Cultural Resources Group 1984-1986 Supervising Archeologist 1982-1984 Principal Archeologist/Resources Planner 1981-1982 Senior Archeologist/Resources Planner 1979-1981 Archeologist/Resources Planner

1977-1979 Supervisory Archeologist Bowe, Walsh and Associates, Consulting Environmental Engineers Melville, New York

1976-1977 Scientist (Archeology) Preservation Field Services Bureau (State Historic Preservation Office) New York State Office of Parks and Recreation Albany, New York

1972-1975 Graduate Research Assistant Department of Anthropology New York University

PROFESSIONAL SERVICE

Society for American Archaeology 2000-2003 Chair, Committee on Consulting Archeology 1995-2003 Member, Committee on Consulting Archeology 1977-1987 Assistant Editor for Current Research (Northeast), American Antiquity

Society of Professional Archeologists Joel I. Klein Resume, page 12

1992-1994 Member, Standards Board 1986-1987 Editor, SOPA Newsletter

American Society for Conservation Archaeology 1982-1985 Executive Board and Editor, ASCA Report

Professional Archaeologists of New York City 1979-1989 Executive Board 1983-1984 President 1982-1983 Vice President

COMMUNITY INVOLVEMENT

1995-2005 Planning Board, Village of Croton-on-Hudson, New York 1999-present Westchester County Citizens Consumer Advisory Council 2000-2003 Board of Trustees, Croton Free Library 1996-2004 Croton-on-Hudson Greenway Committee 1997-1999 Oscawanna Park Development Plan Committee, Town of Cortlandt, New York 1993-1995 Water Control Commission, Village of Croton-on-Hudson, New York

James P. Nash, P.E.

Public Service Commission Case No. 08-T-______Hudson Transmission Partners, LLC

1 Q. Please state your name, employer, and business address.

2 A. James P. Nash, Hudson Transmission Partners, LLC, 501 Kings Highway

3 East, Fairfield, Connecticut 06825.

4 Q. In what capacity are you employed?

5 A. I am Vice President, Engineering for Hudson Transmission Partners.

6 Q. For what parts of the application are you responsible?

7 A. Exhibits 4.13, 5, E-1, E-2, E-4 and E-5 were prepared under my

8 supervision.

9 Q. Please explain your professional background and expertise.

10 A. Please see attached curriculum vitae.

James P. Nash, P.E.

Jim Nash is Vice President, Engineering for the Hudson Transmission Project and previously provided engineering consulting services for the Neptune RTS Project as an employee of Energy Initiatives Group, LLC. Mr. Nash has over 24 years experience in the fields of electric power engineering and project development for various generation, transmission, and distribution projects.

Mr. Nash’s professional career includes multiple assignments while with the New England Electric System (NEES, now National Grid US) including its Global Transmission group. Mr. Nash was Project Director for the Cross Sound Cable Project, later purchased and developed by TransÉnergie U.S, which Mr. Nash joined in 1998. Mr. Nash was NEES Project Manager for the first 26-mile Nantucket Submarine Cable Project and Project Engineer for the 800-ampere Lisbon Ground Electrode serving the New England–Hydro Québec HVDC Intertie.

With EBASCO (now Washington Group) from1987 to 1993, Mr. Nash’s substation projects included the NYPA to Long Island Y-49, 345 kV Submarine Cable and the 345 kV cable interconnection for Consolidated Edison’s Goethals Substation to the Linden Cogeneration Facility in NJ.

Mr. Nash is a Registered Professional Engineer in the Commonwealth of Massachusetts, and a Senior Member of the IEEE Power Engineering Society.

Education Bachelor of Science, Electrical Engineering, Clarkson University 1982.

Professional 2007-Present: Vice President, Engineering -- Neptune Power experience Ventures LLC and Affiliated Companies

Responsible for planning, coordination, design, specification, testing, and commissioning of electrical systems associated with the Neptune Transmission Project, an HVDC, undersea electric power transmission line connecting Long Island with electricity markets in the mid-Atlantic states, completed in 2007. Holds similar responsibilities for the proposed Hudson Transmission Project, an underwater transmission line connecting PJM to New York City.

2004-2007: Principal Consultant, Energy Initiatives Group, LLC

Senior member of a consulting firm involved in planning and design of transmission and generation projects. Principal assignment was planning, design, and analysis of electrical systems for the Neptune 2

Regional Transmission System project, working with Neptune RTS staff and with Siemens engineers on the high voltage direct current conversion system.

1998-2004: Project Director, TransEnergie U.S.

Responsible for system design evaluations, development of budgets and schedules, licenses and permits, and commissioning of 330 MW Cross Sound Cable project, an undersea cable linking Long Island with the New England transmission system.

1982-1987, 1993-1998: Project Engineer and Project Manager, New England Electric System (NEES)

Began career as Substation Engineer, with increasing responsibilities for substations within the NEES system as well as for aspects of the New England-Hydro Quebec HVDC interconnection. Later, manager of 26- mile Nantucket Cable Project (undersea cable), and director for the Cross Sound Cable project that was originally developed by NEES.

1987-1993: Lead Engineer, Project Manager, EBASCO

Lead Substation Engineer for 345-kV NYPA-to-Long Island cable project (“Y-49”). Later, project manager for all substation work for 345- kV submarine cable system interconnecting ConEdison with the Linden Cogeneration plant in New Jersey.

2 Charles J. Natale, Jr.

Public Service Commission Case No. 08-T-______Hudson Transmission Partners, LLC

1 Q. Please state your name, employer, and business address.

2 A. Charles J. Natale, Jr., ESS Group, Inc., 888 Worcester Street, Suite 240,

3 Wellesley, Massachusetts, 02482.

4 Q. In what capacity are you employed?

5 A. I am the President and CEO of ESS Group, Inc.

6 Q. For what parts of the application are you responsible?

7 A. I am responsible for Exhibits 4.2, 4.3, 4.5, 4.7, 4.8, 4.9, 4.11, 8, and E-3.

8 Q. Please explain your professional background and expertise.

9 A. Please see attached curriculum vitae.

Charles J. Natale, Jr. President and CEO

Principal Scientist and Senior Project Manager

EXPERIENCE

ESS Group, Inc. - December 1995 to Present Years of Professional Consulting Experience - 27

EDUCATION

MS, Marine Science (Coastal Geology and Physical Oceanography), College of William & Mary, Virginia Institute of Marine Science, 1982 BS, Environmental Sciences and Biology, Boston College, 1979 SEA Program Graduate, Marine and Nautical Sciences, Boston University Marine Program and Woods Hole Oceanographic Institute, 1978

SUMMARY OF PROJECT EXPERIENCE

Charles J. Natale, Jr. has over 27 years of national and international consulting experience. He manages large-scale multi-disciplinary environmental consulting and engineering projects in a variety of environmental settings, with particular focus on coastal ocean environments. Mr. Natale has educational training and professional experience in both geological sciences and engineering with a focus on marine, coastal, and estuarine environments. His particular areas of expertise are in the evaluation of marine and estuarine geological conditions, evaluation of remote sensing data to interpret marine and coastal sedimentary conditions, and evaluation of physical oceanographic data related to tide, current and wave, and sediment transport conditions. Mr. Natale also has extensive experience in evaluating the bulk physical, chemical, and thermal characteristics of marine and coastal sediments, particularly associated with linear routing evaluations for submarine cable or pipeline projects. He also has significant experience in evaluating aquatic resource habitat impacts as a result of seabed disturbances and associated sediment transport and deposition.

In addition to his areas of technical expertise, Mr. Natale has extensive experience in planning, design, and permitting of submarine cable or pipeline projects in coastal environments. He has successfully completed project design and permitting of several submarine cable projects located in various marine and coastal geological conditions, using both AC and HVDC cable technologies. Mr. Natale has extensive experience in marine dredging, jet-plow, and directional drilling construction/installation methodologies for submarine cable installation evaluations. He has experience in evaluating the physical and environmental conditions for cable or pipeline landfall and substation/converter yard installations. Mr. Natale’s expertise also includes extensive experience in marine navigation and global positioning systems associated with cable route planning, design, and construction. He combines his expertise in route planning, installation feasibility, and environmental impact evaluations to facilitate project permitting and construction. Mr. Natale has worked on several submarine cable and pipeline projects either as an independent consultant, project team leader, or specialized consultant for geological or geotechnical conditions evaluations.

Mr. Natale has conducted marine and coastal geological evaluations associated with submarine cable or pipeline projects in the Northeastern, Mid-Western, and Mid-Atlantic Regions of the United States. His geographic experience is primarily concentrated in the Northeastern United States; however, he has conducted coastal geologic investigations for a variety of projects located in Bermuda, the Upper Caribbean Islands and the Dutch Lesser Antilles. Representative project experience includes:

Charles J. Natale, Jr. Page 2

„ Hudson Transmission Partners, LLC – The Hudson Project, Lower Hudson River between New Jersey and Manhattan, NYC. – Mr. Natale is serving as Prinicipal-In-Charge and Senior Scientist overseeing technical studies and environmental regulatory review and approvals for a Point-to Point High Voltage electric transmission project that includes a new overland and submarine electric transmission project between New Jersey (PJM) and New York City (Zone J). The Hudson Project involves the construction of a High Voltage Converter Station (AC/DC) in a back-to-back configuration and interconnecting 345kV underground and submarine cable systems to transmit up to 660 MW of new electric transmission capacity from PJM to the NYC Zone J load center in the NYISO regional grid.

Mr. Natale is responsible for managing and directing a multi-disciplinary technical project team to plan, design, permit, and construct this new high voltage transmission facility that will interconnect PJM at Ridgewood NJ, cross the Hudson River and then connect with NYISO – Zone J via the ConEd Wst 49th Street Substation in Mid-town Manhattan. The project involves extensive linear routing assessments (upland and marine), marine biological and geological studies, water quality impact evaluations, a full spectrum of environmental impact assessments ,project constructability assessments, and project permitting review and approvals in both New Jersey and New York states as well as the ACOE. The Hudson Project also requires NYS- Department of Public Service approvals under Article VII of the Public Service Code and is a project supported by NYPA and the NYCEDC through a commercial Power Purchase Agreement.

„ Cape Wind Associates LLC – Cape Wind Offshore Renewable Electric Generation and Submarine Cable Project, Nantucket Sound. Mr. Natale is serving as the Principal- in-Charge and leading the technical studies, environmental impact assessments, and regulatory permitting for the first offshore wind energy project in the United States. The Cape Wind energy project is a proposed commercial-scale renewable electric generating facility involving installation of 138 offshore wind turbine generators in Nantucket Sound, Massachusetts, with a potential to generate 478 MW of renewable energy serving the New England regional transmission system. This project involves the siting and construction of offshore wind turbine generators as well as a 12-mile long high voltage submarine cable system servicing the wind farm facility.

Mr. Natale also served as a key technical expert on project siting and environmental impact issues before the Massachusetts Energy Facilities Siting Board, the US Army Corp of Engineers, and other agencies related to project design and permitting. This first of its kind renewable energy project is presently completing its Environmental Impact Statements and regulatory permitting for a planned commencement of construction in 2008.

„ PSEG Power LLC – Cross-Hudson Project, Lower Hudson River between New Jersey and Manhattan, NYC. Mr. Natale served as the Principal-In-Charge and Senior Project Manager overseeing a generator lead high voltage AC submarine cable transmission project from Bergen New Jersey to Mid-town Manhattan, New York City. His team was responsible for evaluating and permitting transmission cable installation methods, land and marine routing feasibility assessments, environmental impact assessments and regulatory permitting for the construction of an approximately eight (8) linear mile, 500 MW 345 kV alternating current (AC) electric generator lead. The project involves upland cable installation in New York City and New Jersey, installation of the submarine cable system beneath the riverbed of the Hudson River using jet plow techniques, complex cable landfall transitions at the New Jersey and New York landfalls using horizontal directional drilling techniques, and overland transmission cable routing through densely developed urban environments. Mr. Natale was a lead negotiator with state and federal regulatory agencies and completed several agreements which led to final project approval in 2003.

Charles J. Natale, Jr. Page 3

„ Northeast Utilities/LIPA – Long Island Cable Replacement Project. Mr. Natale served as the Principal-In-Charge for marine geophysical and geological investigations and associate environmental impact assessments and permitting for the Long Island Cable Replacement Project in the States of Connecticut and New York. This project assignment involves the removal and replacement of an existing 138kV fluid-filled AC submarine cable system presently providing electric transmission capacity transfer from the CL&P – Norwalk, CT Substation to the LIPA- Northport, NY Substation with a new solid di-electric AC sub-cable system. The project has successfully completed all necessary local state and federal regulatory permitting in both Connecticut and New York states. Mr. Natale and ESS are currently providing construction oversight and environmental management and monitoring services for the full project construction activities and compliance reporting for both LIPA and Northeast Utilities/CL&P. Construction commenced in the Fall of 2007 and will continue into 2008.is currently completing regulatory permitting reviews in both states and is expected to go to construction in 2007/2008.

„ TransÉnergie U.S., Ltd. – Cross Sound Cable Project, Long Island Sound, Connecticut and New York States. Mr. Natale serves as Principal Scientist-In-Charge for the planning, design, and permitting of the first submarine cable project using HVDC technology in the United States. The Cross Sound Cable Project is a merchant energy transmission project in response to deregulated energy initiatives in the Northeastern U.S. The submarine cable will be installed along a selected coastal and offshore route originating in New Haven Harbor, Connecticut, across Long Island Sound, and then interconnecting with the Long Island energy transmission system at the decommissioned Shoreham generating facility in Brookhaven, New York. The cable will be approximately 24 miles long and will transmit approximately 300MW of DC-transmitted energy. The DC cable energy will be transformed to AC energy for local service distribution at DC/AC Converter Stations located near each of the planned cable landfalls. Mr. Natale was Principal Scientist responsible for planning and conducting extensive geophysical and geotechnical surveys of seabed conditions within Long Island Sound to evaluate several potential submarine cable routes. He also assisted in evaluating and selecting preferred cable routes and landfall locations. He managed a multi-disciplinary technical team to conduct remote sensing surveys of marine seabed conditions, geotechnical borings, and sediment thermal profiles to evaluate potential cable routing and installation and methodologies. Mr. Natale also directed comprehensive environmental impact evaluations associated with selected cable routes and landfall locations. These evaluations included impact assessments of shellfish and finfish resources, water quality protection, prevailing tides and currents, and navigational and marine hazards. He has also managed and directed regulatory permitting and Energy Siting Council reviews for the project.

„ TransÉnergie U.S., Ltd. – Various Merchant Overland and Submarine Cable Route Evaluations, Northeastern and Mid Western United States and Canada. Mr. Natale presently serves as Principal-In-Charge for completion of technical studies, field assessments, and reports of findings and recommendations for evaluating several potential merchant HVDC cable transmission projects for TransÉnergie U.S., Ltd. located in the United States and Canada. Mr. Natale is responsible for directing a technical team to complete initial route planning investigations and selection of preferred overland and submarine cable routes for each project under consideration. The terrestrial and marine geologic conditions along selected routes, and the feasibility of submarine cable installation in varied marine environmental conditions along each prospective route are evaluated. Review of potential environmental, navigational, and operational impacts of the submarine cable are also conducted to assess potential installation impacts to marine environmental resources.

Charles J. Natale, Jr. Page 4

Mr. Natale also conducts regulatory permit reviews and EIS requirements for both national and international projects. He participates on technical review teams involving the client, cable installers and environmental specialists to evaluate project feasibility and potential fatal flaw analyses.

„ New England Electric System/National Grid - Nantucket Cable Project, 45 kV AC Submarine and Telecommunications Cable Project Linking Cape Code (Harwich), Massachusetts with Nantucket Island. Mr. Natale was Project Manager for completion of technical studies and regulatory permitting for this 45 kV AC submarine cable transmission project. The objective of this project was to provide a submarine cable energy transmission connection from Cape Cod to the Island of Nantucket to improve system transmission capacity and reliability. Mr. Natale was responsible for the completion of all cable linear routing and siting evaluations; completion of comprehensive marine geological and geophysical studies; development of regulatory permitting strategies; completion of environmental impact evaluations; and completion of local, state, and federal permitting reviews. Mr. Natale also conducted aquatic resource evaluations, navigational impact studies, wetlands impact studies, and shoreline erosion evaluations for cable landfalls. The project was successfully designed and permitted and is presently in operation.

„ Commonwealth Electric Company – Martha’s Vineyard Cable Project, 26 kV AC Submarine Cable and Telecommunications Cable Project Linking Cape Cod (Falmouth) with the Island of Martha’s Vineyard. Mr. Natale was Project Manager for this submarine cable energy transmission project. The objective of this project was to provide a replacement submarine cable from Cape Cod to the Island of Martha’s Vineyard to improve system transmission capacity and reliability. Mr. Natale was responsible for conducting extensive marine geologic and geophysical surveys of existing seabed conditions to evaluate cable burial feasibility. He conducted navigational impact and marine archeological impact investigations. He was also responsible for development of regulatory permitting strategies, completion of environmental impact evaluations, completion of marine geological and geophysical surveys, and completion of local, state, and federal permitting. Mr. Natale also provided expert witness testimony during court proceedings. The submarine cable project was successfully installed and is presently in operation.

„ Commonwealth Electric Company/NStar – Acushnet River Submarine Cable Project, New Bedford, Massachusetts. Mr. Natale served as Principal-In-Charge for the planning, design, and regulatory permitting of two (2) new 42” diameter submarine cable conduits installed in marine bedrock across the Acushnet River in New Bedford, Massachusetts. The objective of this project was to provide a cable conduit under the riverbed for new AC submarine cables and consolidation of existing submarine cables to remove them from contaminated surface sediments within this EPA-designated Superfund Site. The conduits would house one (1) new 115 kV submarine electric transmission line, and the relocation of fourteen (14) existing submarine cables. Conduit construction was performed via micro-tunneling technology. Mr. Natale directed the subsurface geological exploration program and associated geologic analyses to evaluate installation feasibility. Environmental impact assessments were conducted, and the project was successfully permitted and constructed.

„ PG&E Generating (Formerly U.S. Generating Company) – 1080 MW Gas-Fired, Combined Cycle Independent Power Plant Located in Athens, New York. Mr. Natale served as Principal-In-Charge for the site planning, design, and permitting of the largest merchant energy development project in the Northeastern United States. This project also included the planning, design, and permitting of a new submarine pipeline and river water intake/discharge structure in the Hudson River in Athens, New York. Mr. Natale was responsible for technical oversight and project team management for facilities siting design,

Charles J. Natale, Jr. Page 5

utility interconnection studies, water intake structure siting and design, and associated impact evaluations and permitting. Mr. Natale was responsible for managing completion of required site surveys and technical studies, including geophysical remote sensing surveys of river sediments, hydrological data gathering and analysis and geological condition evaluations. The energy development project was the first project to be approved under the New York State Article X licensing process. The proposed river water pipelines and intake/discharge structures were also approved for construction.

PROFESSIONAL CERTIFICATIONS, AFFILIATIONS, AND AWARDS

„ Member, VIMS Council of Directors: College of William & Mary, Virginia Institute of Marine Science – School of Marine Science and VIMS Foundation. 2003-present. „ Member – Board of Directors – New England Environmental Business Council. „ Guest Lecturer – Marine environmental and regulatory issues related to offshore energy projects – Boston College School of Law, University of Massachusetts-Boston.

RELEVANT PUBLICATIONS/PRESENTATIONS

„ Use of Marine Remote Sensing Data for Submarine Cable Route Planning and Siting, 2000, Whitney, P. R., Natale, C.J., and Nash, J.P. Marine Technological Society, Oceans 2000 Conference.

„ CITGO Marine Terminal Dredging Project, 1994, Natale, C.J., Dredging ‘94, American Society of Civil Engineers. Conference Proceedings.

„ Seismic Survey Considerations in the Planning and Design of Dredging Projects for Marine Terminal Facilities, 1992, Natale, C.J. and Nowak, T.A. and Adams, B.A., Ports '92, American Society of Civil Engineers. Conference Proceedings

Appendix B

Proposed Certificate Conditions

Proposed Certificate Conditions

Subject to the conditions set forth in this Opinion and Order, Hudson Transmission Partners, LLC ("Certificate Holder") is granted a Certificate of Environmental Compatibility and Public Need authorizing construction and operation of a 660 MW, 345 kV AC submarine, underground electric transmission line along the project route identified in Appendix A, hereto (the “Certified Route”), and associated equipment (the "Transmission Facility"). The Transmission Facilities comprise the New York State portions of a high voltage direct current transmission line linking the New York State Transmission System with the PJM Interconnection (the Transmission Facility and associated equipment and cables to be located in New Jersey are collectively referred to as the “Transmission Link”).

1. The Certificate Holder shall, within 30 days after the issuance of the Certificate, submit to the Commission either a petition for rehearing or a verified statement that it accepts and will comply with the Certificate. Failure to comply with this condition shall invalidate the Certificate.

2. The Certificate Holder will be permitted, at its own risk, to commence site preparation and construction of the portion of the Transmission Facility to be located in the upland portion of the Certified Route prior to receiving the necessary permits or approvals from the State of New Jersey for the New Jersey portion of the Transmission Link. In the event that the Certificate Holder is unable to obtain the necessary permits and approvals in New Jersey, it shall stop work in New York State and restore the site to a condition acceptable to the owner of the property on which any site preparation or construction has occurred.

Laws and Regulations

3. (a) Each substantive federal, state and local law, regulation, code and ordinance (including the New York City Zoning Resolution) applicable to the location of the Transmission Facilities authorized by the Certificate shall apply, except any substantive local law or regulation which the Public Service Commission ("Commission") has refused to apply as being unreasonably restrictive.

(b) No state or local legal provision purporting to require any approval, consent, permit, certificate or other condition for the construction or operation of the Transmission Facilities authorized by the Certificate shall apply, except (i) those of the Public Service Law and regulations and orders adopted thereunder, (ii) those provided by otherwise applicable State law for the protection of employees engaged in the construction and operation of the facilities, (iii) those permits issued under a federally delegated environmental permitting program, and (iv) those referenced in Condition 5 below.

4. Subject to the Commission's ongoing jurisdiction, the Certificate Holder will be permitted to seek the following New York State Department of Transportation (“NYSDOT”) and New York City ("City") permits and approvals that would be applicable to the construction work for or operation of the Transmission Facility in the absence of PSL § 130, including but not limited to:

(a) Building permit

(b) Street excavation permits

(c) Street closure permits

(d) Permits for structural welding

(e) Permits under the New York City Fire Code

(f) Permits for the use and supply of water

(g) Permits for the discharge of wastewater or stormwater to the sewer system

(h) Permits for the installation of conduits and utility lines in City streets

A copy of each permit or approval received from the NYS DOT and City shall be provided to DPS Staff by the Certificate Holder promptly after the Certificate Holder's receipt of such permit or approval.

5. If the Certificate Holder believes that any action taken, or determination made, by the NYS DOT or City in furtherance of its review of the permits and approvals referenced in Condition 5, above, is unreasonable or unreasonably delayed, the Certificate Holder may petition the Commission, upon reasonable notice to the City, to seek a resolution of any such unreasonable or unreasonably delayed requirement. The NYS DOT and City may respond to the petition, within three business days, to address the reasonableness of any requirement or delay.

Public Health and Safety

6. The Certificate Holder shall design, engineer and construct the Transmission Facilities such that their operation shall comply with the electromagnetic field ("EMF") standards established by the Commission in Opinion No. 78-13 (issued on June 19, 1978) and the Statement of Interim Policy on Magnetic Fields of Major Electric Transmission Facilities (issued September 11, 1990), respectively.

7. Construction work outside the walls of buildings whose exterior walls and roof are substantially complete shall take place between 7:00 a.m. and 6:00 p.m. as required by Section 24-222 of the Noise Code. For certain construction phases and activities, additional work hours may be necessary. Nothing herein shall preclude the Certificate Holder from making necessary arrangements for the extension of work hours with appropriate authorities of the City of New York. Noise mitigation procedures shall follow those set forth in the approved Environmental Management and Construction Plan ("EM&CP"). DPS Staff shall be notified at least 24 hours in advance if planned weekend, evening or holiday construction becomes necessary. This condition is not intended to prohibit nighttime construction reasonably necessary to comply with restrictions on daytime construction on or along roadways or public access areas or to require the cessation of construction activities which require a continuous work effort once started.

8. Deliveries related to construction activities shall take place between 7:00 a.m. and 6:00 p.m., except that, to the extent required to accommodate oversized delivery pursuant to New York City Department of Transportation (“NYCDOT”) permit, the Transmission Facilities shall be exempt from restrictions limiting delivery to 7:00 a.m. to 6:00 p.m. This condition is not intended to prohibit nighttime deliveries reasonably necessary to facilitate compliance with restrictions on daytime construction in or along roadways or

2 public access areas or to require the cessation of construction activities which require a continuous work effort once started.

9. The Certificate Holder shall keep local fire department and emergency management teams apprised of chemicals and waste on site.

10. The Certificate Holder shall take appropriate measures as outlined in the EM&CP to minimize fugitive dust and airborne debris from construction activity.

11. The Certificate Holder shall instruct its contractors to park in designated areas, which do not interfere with normal traffic, do not cause any safety hazard or interfere with existing land uses.

12. The Certificate Holder shall periodically consult with the NYCDOT about traffic conditions near the project site, and shall make good faith efforts to minimize the impact of the construction of the Transmission Facilities on area traffic circulation.

13. To the extent required in connection with the delivery of oversized facility components, the Certificate Holder or its suppliers shall obtain any necessary permits from the NYCDOT.

14. The Certificate Holder shall engineer and construct its facilities to be fully compatible with the operation and maintenance of nearby electric, gas, telecommunication, water, sewer, and related facilities; details of such other facilities and measures to protect the integrity, operation, and maintenance of those facilities shall be presented in the EM&CP.

15. The Certificate Holder shall coordinate maintenance of its facilities with those of any adjacent utility facilities.

16. The Certificate Holder shall comply with the requirements for the protection of underground facilities set forth in 16 NYCRR Part 753.

17. The Certificate Holder shall coordinate and schedule construction and maintenance activities to minimize or avoid, to the extent practicable, disturbance to pedestrian use of recreation ways, access to port facilities, and use of parkland.areas in the vicinity of construction activities.

Environmental Management and Construction Plan

18. Except where this Certificate requires otherwise, the environmental protection measures contained in the Application, the 401 Water Quality Certification, and in the Joint Proposal (to the extent adopted in this Certificate), shall be incorporated into the EM&CP and applied during construction, operation and maintenance of the certified Transmission Facilities. Applicable provisions of the EM&CP and orders approving the EM&CPs shall be accommodated in contracts associated with the Transmission Facilities.

19. The Certificate Holder shall provide, as a part of the EM&CP, a final design-plan that reflects the Transmission Facilities' conformance with the certificate, applicable federal, state and local requirements (including, but not limited to, applicable regulations, including the Bureau of Alcohol, Tobacco and Firearms, Occupational Safety and Health Administration, Federal Fire Code, New York State Code 39, the New York City Building Code, the Rules of the City of New York, chemical and waste-storage use and handling regulations), a discussion of the status of the Certificate Holder's efforts to obtain permits

3 necessary for project construction from the City of New York, the United States, and agencies in New Jersey, and a discussion of the status of the Transmission Facility’s interconnection with the Consolidated Edison Company of New York system.

20. The Certificate Holder shall not begin site preparation or construction with respect to any portion of the Transmission Facilities in New York (except for surveying, boring and such other related activities as are necessary to prepare final design plans) before it has submitted to the Commission, and the parties identified in condition 23, below, and the Commission has approved, an EM&CP for the relevant portion of the Transmission Facility.

21. The Certificate Holder shall submit four copies of the EM&CP to the Commission, serve four copies on the Staff of the New York State Department of Environmental Conservation ("DEC"), one copy on the Region 2 office of the DEC, one copy on Region 11, of the NYS DOT, and one copy on any other New York State agency (and its relevant regional offices) which requests the document, one copy on active parties on the service list who request the document, and place copies for inspection by the public in at least one public library or other convenient location in each municipality in which construction will take place. Contemporaneously with the submission and service of the EM&CP, the Certificate Holder shall provide notice, in the manner specified below, that the EM&CP has been filed.

22. The Certificate Holder shall serve written notice(s) of the filing of the EM&CP on all active parties to this proceeding, on each person on the Commission's service list considered potentially affected by the subject matter in the EM&CP, and on all statutory parties to this proceeding, and shall attach a copy of the notice to each copy of the EM&CP. Further, the Certificate Holder shall publish the notice(s) in a newspaper or newspaper of general circulation in the vicinity of the Transmission facilities.

23. (a) The filing and review of the EM&CP may be segmented in order to permit commencement of construction of on-land components of the Transmission Facilities not subject to the permitting authority of the U.S. Army Corps of Engineers.

(b) The Certificate Holder shall comply with any conditions contained in a Water Quality Certification issued pursuant to Section 401 of the Federal Clean Water Act.

24. The written notice(s) and the newspaper notice(s) shall contain, at a minimum, the following: a statement that the EM&CP has been filed; a general description of the Transmission Facilities and the EM&CP; a listing of the locations where the EM&CP is available for public inspection; a statement that any person desiring additional information about a specific geographical location or specific subject may request it from the Certificate Holder; the name, address, and telephone numbers of the Certificate Holder's representative and the Independent Inspector; the address of the Commission, and a statement that any person may comment on the EM&CP by filing written comments with the Commission and the Certificate Holder within 30 days of the filing date with the Commission of the EM&CP (or within 30 days of the date of the newspapers notice, whichever is later). A certificate of service indicating upon whom all EM&CP notices and documents were served and a copy of the written notice shall be submitted to the Commission at the time the EM&CP is filed and shall be a condition precedent to approval of the EM&CP.

4 25. The Certificate Holder shall report any proposed changes in the approved EM&CP to DPS Staff, DEC Staff, and to the Independent Inspector. DPS Staff will refer to the Secretary of the Commission (or a designee) reports of any proposed changes that do not cause substantial change in environmental impact or are not related to contested issues decided during the proceeding. DPS Staff will refer all other proposed changes in the EM&CP to the Commission for approval. Upon being advised that DPS Staff will refer a proposed change to the Commission, the Certificate Holder shall notify all active parties that have requested (before the approval of the EM&CP) to be so notified, as well as property owners or lessees whose property is affected by the proposed change. The notice shall describe the original conditions and the requested change and state that documents supporting the request are available for inspection at specified locations, and state that persons may comment by writing or calling (followed by written confirmation) to the Commission within 15 days of the notification date. Any delay in receipt of written confirmation will not delay Commission action on the proposed change. The Certificate Holder shall not execute any proposed change until it receives oral or written approval, except in emergency situations threatening personal injury, property damage or severe adverse environmental impact or as specified in the EM&CP.

26. The Certificate Holder shall address at least the following information in the EM&CP:

(a) details of work site dimensions, construction rights-of-way, and off-rights-of-way access needs and locations; measures to protect adjacent facilities, structures, and ornamental vegetation;

(b) details of horizontal directional drilling pit location, stabilization and nuisance control;

(c) details of cable pulling plans;

(d) designated parking areas and equipment storage and staging locations;

(e) details of erosion control plans;

(f) spoil control plans for excavations;

(g) hazardous materials handling and disposal;

(h) public road traffic control and public safety;

(i) pedestrian and vehicle traffic control plans; fencing around open work areas and provisions for through traffic and alternative access;

(j) plans and specifications for pavement restoration;

(k) nighttime construction provisions, including lighting & noise control;

(l) underwater construction and vessel spill containment and control plans;

(m) site restoration details;

(n) construction schedule and coordination plans;

(o) dredging and dredged materials management and disposal plans;

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(p) provision for submission of a certification by a professional engineer licensed by the State of New York stating that, if constructed in accordance with the final design plans, the Transmission Facilities will comply with the electromagnetic and magnetic field standards referenced in Condition 7, above.

A Compliance Plan which shall include:

(1) The name(s) of the environmental inspector(s) and a statement of qualifications for each inspector demonstrating sufficient knowledge and experience in environmental matters to complete the inspections and audits;

(2) A certification confirming the independence of the inspector(s) from the Certificate Holder and certifying the authority of the inspector(s) to "stop work" in cases of non-compliance or imminent environmental or safety hazard;

(3) Provision for deployment of more than one inspector in the event that two or more major field operations are undertaken simultaneously, such that at least one inspector shall be assigned to each construction area and no inspector shall be assigned to more than two active construction areas at any one time;

(4) A proposed checklist of matters to inspect for compliance, including the specific Items or locations to be inspected, the inspection to be employed (e.g. visual, auditory, testing by instrument, etc.), and acceptability criteria to be applied by the inspector(s);

(5) A procedure setting forth how the Certificate Holder shall respond to and correct problems found by the inspector(s);

(6) A schedule for monthly environmental audits during construction and submission of audit checklists, together with a written explanation of problem(s) signed by the auditor(s) and an authorized representative of the Certificate Holder, to DPS Staff, DEC Staff, and local agency and/or building inspectors; and

(7) A schedule for submission of annual audits during the first two years of operation of the Facility to DPS, DEC, and appropriate local agencies.

Notices and Public Complaints

27. The Certificate Holder shall make available to the public a toll free or local phone number of an agent or employee where complaints may be received during the construction of the certified facilities. In addition, the phone number of the Secretary, and the phone number of the Commission's Environmental Compliance Section, shall also be provided in the event there are questions or concerns. A log shall be maintained which lists at least the date of any complaint, identity and contact information for the complaining party, the date of the Certificate Holder's response, and a description of the outcome. Phone logs shall be made available to DPS Staff upon its request. During DPS Staff's compliance inspections, the Certificate Holder shall report to DPS Staff every unresolved complaint.

28. No less than two weeks before commencing site preparation, the Certificate Holder shall give notice to the local officials and emergency personnel. The Certificate Holder shall also provide such notice for dissemination to local media and display in public places

6 (such as general stores, post offices, community centers and conspicuous community bulletin boards). The notice shall contain a map and a description of the Transmission Facilities in the local area, the anticipated date for start of construction and the name, address and local or toll-free telephone number of an employee or agent of the Certificate Holder. The notice shall also contain a statement that the project is under the jurisdiction of the Public Service Commission which is responsible for enforcing compliance with environmental and construction conditions, which may be contacted at an address and telephone number to be provided. Where possible, the notice will be written in language reasonably understandable to the average person. Upon distribution, a copy shall be submitted to the Secretary of the Commission, the DEC Commissioner, and DEC Staff.

29. The Certificate Holder shall provide construction contractors with complete copies of the Certificate, EM&CP, 401 Water Quality Certification, and 6 NYCRR Parts 700-703. To the extent that the listed documents are available before contracts for construction services are executed, such copies shall be provided to the contractors prior to execution of such contracts.

30. The Certificate Holder shall notify all construction contractors that the Commission may seek to recover penalties for violation of the Certificate, not only from the Certificate Holder, but also from its construction contractors, and that construction contractors may also be liable for other fines penalties and environmental damage.

31. The Certificate Holder shall inform the Secretary and the Staff of the DPS and DEC at least five days before commencing construction or clearing on this project.

32. The Certificate Holder shall provide DPS Staff and DEC Staff with weekly status reports summarizing the previous week's construction and indicating construction activities and locations scheduled for the next two weeks.

33. Within ten days after the Transmission Facilities are in service, the Certificate Holder shall notify the Commission of that fact.

Right-of-Way, Construction, Maintenance and Restoration

34. The Certificate Holder shall confine construction and subsequent maintenance to the certified right-of-way and approved additional work areas, as detailed in the EM&CP.

35. The Certificate Holder shall prepare detailed soil handling and erosion control plans to be included in the EM&CP. The soil handling and erosion control plans shall include specifications for testing, stockpiling or removal from site, storage, erosion control, restoration, and compaction of backfill in trenches. The plans shall provide for the installation of temporary erosion control devices as soon as practicable and appropriate.

36. The Certificate Holder shall provide details in the EM&CP of street work, including provisions for minimizing the duration and extent of open pits within and adjoining public streets and rights-of-way.

37. Within ten days of the completion of final restoration, the Certificate Holder shall notify the Commission that all restoration has been completed in compliance with the EM&CP.

38. The Certificate Holder shall submit a facility management plan, as part of the EM&CP, which includes discussion of patrols, marking and maintenance of facilities, and

7 coordination of activities with underlying landowners and managers.

Installation, Suspended Sediment and Water Quality Monitoring

39. Construction within navigable waters shall be undertaken as and when permitted by the United States Army Corp of Engineers (USACE).

40. During the jet plow trials and the installation, the Certificate Holder shall implement the Suspended Sediment/Water Quality Monitoring Plan (hereinafter the "Monitoring Plan"). The Certificate Holder shall operate the jet plow in a manner that will minimize or avoid project-related adverse environmental effects as provided in this Certificate.

41. If the jet plow trials demonstrate that the preferred operating conditions result in Trial Related TSS Concentrations (as defined in the Monitoring Plan) of more than 200 mg/L, the Certificate Holder shall work with the staffs of DPS and DEC to evaluate and implement reasonable modifications to the jet plow operating conditions to minimize in- situ sediment suspension induced by the jet plow related to the single pass installation jet plow procedure.

42. Water quality:

Water Quality Protection

(a) Water quality standards set forth in 6 NYCRR Parts 701,702, and 703, and sections 301, 302, 303 and 307 of the federal Clean Water Act (see 33 USC 1311, 1312, 1313, 1313a and 1317) shall not be contravened. Issuance of a Water Quality Certificate also implies project compliance with applicable standards assuming that the conditions placed in the certification are complied with.

(b) Suspended sediment plume monitoring and water quality monitoring shall be conducted at the locations and frequency set forth in the Monitoring Plan (B) Project-Related TSS Concentrations: 200 mg/L above Ambient Background TSS.

(1) If, during jet plow installation of the cable, the real time data collected under the Monitoring Plan indicate that Project-Related TSS Concentrations (as measured at 500 feet downcurrent of the jet plow) exceed Ambient Background TSS (both terms as defined in the Monitoring Plan) by 200 mg/L, DPS Staff, DEC Staff and the independent environmental inspector shall be immediately notified. The Certificate holder shall immediately employ one or more of the following environmental protection measures after consultation with the field representatives of DPS Staff, DEC Staff and the independent environmental inspector changing the rate of advancement of the jet plow, modifying hydraulic jetting pressures, or implementing other reasonable operational controls that may reduce suspension of in-situ sediments but not in a manner that would unreasonably delay the progress of work to complete the jetting installation procedure. Nothing in this subsection, however, is intended to require that hydraulic jetting pressures be reduced to levels which would not allow burial to the depths specified in, the USACE permit through a single installation pass.

(2) Nothing in this Certificate and its appendices shall limit either (a) the authority of the Department of Environmental Conservation to monitor the environmental and health impacts resulting from the construction and operation of the project and

8 to enforce applicable provisions of the Environmental Conservation Law (including those which provide for summary abatement authority) and applicable implementing regulations governing the environmental and health impacts resulting from such construction and operation, or (b) any defenses to such enforcement that the Certificate Holder may be able to assert under applicable law.

43. The Certificate Holder shall employ horizontal directional drilling ("HDD") with associated cofferdam installation and dredging within the cofferdam to install the proposed submarine cable system from the proposed cable landfall location to the bed of the Hudson River to avoid disturbance to near shore sediments. This work shall be completed in accordance with the EM&CP. No dredging is authorized by this certificate except for dredging in connection with installation of the cofferdams and subsequent transition operations at the cofferdam locations.

44. Pre and Post Installation Monitoring:

(a) A pre- and post-installation sediment monitoring plan shall be submitted in the EM&CP after consultation with DEC Staff and DPS Staff. The results of that consultation shall be reported in the plan submission. The plan shall provide that pre- and post- installation surficial sediment samples (top two centimeters) will be collected and analyzed prior to and subsequent to the completion of jet plow installation of the cable system, and that post-installation sampling shall commence promptly after the completion of the jet plow installation process. Specific methods and equipment shall be described to ensure the top two centimeters of ambient sediment are adequately collected, retained and sequestered for analysis. Samples shall be collected and analyzed for arsenic, cadmium, copper, lead, mercury, total PCBs using a congener-specific method, as outlined in the Corps of Engineers/EPA Regional Testing Manual for Dredged Materials, and total PAH. Surficial sediment samples shall be collected at stations located 50 and 100 meters up-river and down-river from the planned route. At least five locations spaced evenly along the route shall be identified from which the sampling stations shall be established (total of 20 samples). The Certificate Holder shall submit to the DEC and DPS Staffs a report which provides the analytical results, and compares them to pre-installation chemical concentrations in surficial sediments located along the approved route.

(b) A pre and post-installation benthic community monitoring plan shall be submitted in the EM&CP after consultation with DEC Staff and DPS Staff. The results of that consultation shall be reported in the plan submission. The plan shall provide for periodic benthic monitoring within an area extending approximately one hundred feet (100') on either side of the jet plowed trench for up to 18 months after completion of jet plow installation. The plan shall provide for one pre-installation benthic monitoring and at least one post-installation monitoring during the same season.

(c) If necessary, a mitigation plan shall be submitted in the EM&CP after consultation with DEC Staff and DPS Staff to accommodate and address the impacts to benthic habitat. The results of that consultation shall be reported in the plan submission. Since remediation of the impacted habitat and benthic community is impracticable, the mitigation plan shall provide criteria (which must proposed only after consultation with DEC Staff) for determining when mitigation is necessary, and a method and schedule for implementation of mitigation

9 measures, if any.

45. An environmental bucket shall be used for dredging silt or other fine-grained materials during cofferdam construction and transition operations. Drawings and specifications of the environmental bucket must be provided to the DEC Staff and DPS Staff prior to the anticipated start of dredging. Bucket specifications:

(a) A closed environmental bucket with sealing gaskets or an overlapping sealed design at the jaws, and seals or flaps positioned at locations of vent openings shall be selected to minimize the loss of material during transport through the water column and into the barge. Seals or flaps designed or installed at the jaws and locations of vent openings must tightly cover these openings while the bucket is lifted through the water column and into the barge.

(b) If significant loss of water and visible sediments from the bucket is observed, the operator or independent inspector shall halt dredging operations and inspect the bucket for defects. Operations shall be suspended until all necessary repairs or replacements are made.

(c) The material removed may not be side cast or returned to the water. Bucket shall be lowered to the level of the barge gunwales prior to release of the load.

(d) Bucket hoist speed shall be limited to approximately 2 feet per second. The bucket shall be lifted in a continuous motion through the water column and into the barge. There shall be no barge overflow.

(e) The contractor shall demonstrate to the independent inspector's satisfaction that the bucket dredge operator has sufficient control over the bucket depth in the water and bucket closure so that the sediment resuspension from bucket contact with the bottom and bucket over-filling is minimized.

46. Other operational requirements:

(a) Only barges in good operating condition and appropriately designed to contain discharged sediments, shall be employed to contain the sediment and water placed in them. Deck barges shall not be employed, unless modified to allow no barge overflow.

(b) All sediments excavated during cofferdam construction and transition activities at the landfall location must be disposed of at a DEC approved upland disposal site. Dredged material shall not be sidecast, stockpiled on-site, or re-introduced into the harbor.

47. All laboratory analyses of Hudson River water quality and marine sediments required in this Certificate must be conducted by a laboratory certified by the New York State Department of Health.

Environmental Supervision

48. The authority granted in the Certificate and any subsequent order(s) in this proceeding is subject to the following conditions necessary to ensure compliance with such order(s):

(a) The Certificate Holder shall regard the DPS Staff representatives (certified

10 pursuant to Public Service Law Section 8) as the Commission's designated representatives in the field. In the event of any emergency resulting from the specific construction or maintenance activities that violate or may violate the terms of the Certificate or any other order in this proceeding, such DPS Staff representatives may issue a stop-work order for that location or activity.

(b) A stop-work order shall expire in 24 hours unless confirmed by a single Commissioner. If a stop-work order is confirmed, the Certificate Holder may seek reconsideration from the confirming Commissioner or the whole Commission. If the emergency prompting the issuance of a stop-work order is resolved to the satisfaction of the Commissioner or the Commission, the stop-work order will be lifted. If the emergency has not been satisfactorily resolved, the stop-work order will remain in effect.

(c) Stop-work authority shall be exercised sparingly and with due regard to the potential economic costs involved and possible impact on construction activities. Before exercising such authority, DPS Staff field representatives may consult with the Independent Inspector, or may initiate action based upon the Independent Inspector's oral report, and shall attempt (wherever practicable) to direct preventive or remedial action through the Certificate Holder's representatives possessing comparable authority. In the event that DPS Staff field representatives issue a stop work order, neither the Certificate Holder nor the contractor will be prevented from undertaking any such safety-related activities as they deem necessary and appropriate under the circumstances.

(d) In the event of any emergency involving specific construction or maintenance activities that violate or threaten to violate the terms of the Certificate or any other order in this proceeding, DPS Staff field representatives may direct the Certificate Holder to install appropriate mitigative measures or devices.

49. The Independent Inspector and appropriate inspection personnel of the Certificate Holder shall be on site at the start-up of each field operation and at all times during in- river construction. The Independent Inspector and appropriate inspection personnel of the Certificate Holder shall be equipped with sufficient documentation, and transportation and communication equipment to monitor effectively contractor compliance with the provisions of this Certificate, subsequent Orders in this proceeding, applicable sections of the Public Service Law, and the Commission approved EM&CP.

50. The Certificate Holder shall organize and conduct site compliance audit inspections for DPS Staff as needed but not less frequently than once a month during the site preparation, HDD, in-river excavation and cable-laying, upland excavation, construction, and restoration phases of the project, and at least annually for two years after the project is operational. The inspection shall include a review of the status of compliance with all certificate conditions and EM&CP requirements, as well as a field review of the project, if necessary. The inspection may also include:

(a) review of all complaints received, and their proposed or actual resolutions;

(b) review of any significant comments, concerns or suggestions made by the public, local governments, or other agencies.

(c) review of the status of the project in relation to the overall schedule established prior to the commencement of construction; and

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(d) any other items the Certificate Holder or DPS Staff considers appropriate. The Certificate Holder shall circulate a written record of the results of the inspection to involved agencies.

Cultural Resources

51. Should archeological materials be encountered during construction, the Certificate Holder shall stabilize the area and cease construction activities in the immediate vicinity of the find and protect the same from further damage. Within twenty-four hours of such discovery, the Certificate Holder shall notify DPS Staff and OPRHP to determine the best course of action. No construction activities shall be permitted in the vicinity of the find until such time as the significance of the resource has been evaluated and the need for and scope of impact mitigation has been determined.

52. Should human remains or evidence of human burials be encountered during the conduct of archeological data recovery fieldwork or during construction, all work in the vicinity of the find shall be immediately halted and the remains shall be protected from further damage. Within twenty-four hours of any such discovery, the Certificate Holder shall notify the DPS Staff and OPRHP. All archaeological/burial encounters and their handling shall be reported in the status reports required by Condition 52, above.

53. The Certificate Holder shall refrain from undertaking construction in areas where cultural resource surveys have not been completed and until such time as the results of any additional cultural resource surveys that are required have been reviewed by the appropriate authorities, including OPRHP and DPS Staff. DPS Staff shall be contacted prior to commencement of construction in any such areas.

Transmission System Reliability

54. The Certificate Holder shall design, engineer, and construct the Transmission Facility in conformance with the System Reliability Impact Study (“SRIS”) and the Facilities Study as both are approved by the New York Independent System Operator (“NYISO”), the Interconnection Agreement with the NYISO and Consolidated Edison Company of New York, Inc. ("Con Edison") , and applicable provisions of the NYISO tariffs.

55. The Certificate Holder shall operate the Transmission Facility in accordance with the Interconnection Agreement and applicable NYISO tariffs.

56. The Certificate Holder shall file a copy of the following documents with the Commission: all facilities agreements with New Jersey utilities, PJM and Con Edison, and successor Transmission Owner (as defined in the NYISO Agreement); the SRIS approved by the NYISO Operating Committee; the interconnection study approved by PJM and the local utility in New Jersey, any documents produced as a result of the updating of requirements by the NYSRC; the Relay Coordination Study (which will be filed not later than six months prior to the projected date for commercial operation of the facility); and the FacilityStudies for the New York and PJM portions of the Transmission Facilities, including all updates.

12 Construction Progress Reports

57. (a) After commencement of construction of the certificated Transmission Facilities, the Certificate Holder shall provide the DPS Staff and Con Edison with a monthly report on the progress of construction and an update of the construction schedule (these reports may be coordinated and consolidated with the reports required under Condition 33, above). In the event the Commission determines that construction is not proceeding at a pace that is consistent with Good Utility Practice, and that a modification, revocation, or suspension of the Certificate may, therefore, be warranted, the Commission may issue a show cause order requiring the Certificate Holder to explain why construction is behind schedule and to describe such measures as are being taken to get back on schedule. The Order to Show Cause will set forth the alleged facts that appear to warrant the intended action. The Certificate Holder shall have thirty days after the issuance of such Order to respond and other parties may also file comments within such period. Thereafter, if the Commission is still considering action with respect to the Certificate, an evidentiary hearing will be held prior to issuance of any final order of the Commission to amend the certificate if required by Public Service Law Section 123(2), or to revoke or suspend the Certificate. It shall be a defense in any proceeding initiated pursuant to this condition if the delay of concern to the Commission (a) arises in material part from actions or circumstances beyond the reasonable control of the Certificate Holder (including the actions of third parties), (b) is not in material part caused by the fault of the Certificate Holder, or (c) is not inconsistent with a schedule that constitutes Good Utility Practice.

(b) The Certificate Holder shall file with the Commission, 18 months after the commencement of construction, a detailed progress report. Should that report indicate that construction will not be completed within six months, the Certificate Holder shall include in the report an explanation of the circumstances contributing to the delay and a demonstration showing why construction should be permitted to proceed. In these circumstances, an order to show cause will not be issued by the Commission, but a hearing will be held before the Commission takes any action to amend the Certificate if required by Public Service Law Section 123(2), or to revoke or suspend the Certificate.

(c) For purposes of this condition, Good Utility Practice shall mean any of the applicable acts, practices or methods from time to time (i) required by the NYSRC, NPCC, NERC or the NYISO or any successor thereto, or any other organization with similar duties, including any local, state, regional, national or international reliability organization, or required by any rules issued pursuant to the authority of any such organization, in each case, with jurisdiction or authority in respect of Con Edison or Con Edison's transmission facilities or the Certificate Holder or the certificated facilities and whether or not the Party whose conduct is at issue is a member thereof, or by any other person acting pursuant to the authority of any of the foregoing entities or organizations or (ii) engaged in or approved by a significant portion of the electric generation and transmission industry in the United States during the relevant time period with respect to similar facilities if in any case there are no acts, practices or methods required by clause (i) applicable at such time.

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