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Cohen, Dax & Koenig, RC. ORIGINAL ATTORNEYS 90 State Street, Suite 1030 Jeffrey C. Cohen Albany, New York 12207 Paul C. Rapp John W. Dax Kimberly A. Johnson Joshua Noah Koenig Telephone: (518)432-1002 Facsimile: (518)432-1028 e-mail: [email protected]

Aprii 5, 1999

Hon. Debra Renner Acting Secretary NYS Public Service Commission Three Empire State Plaza Albany, NY 12223-1350

Re: SUNSET ENERGY FLEET LLC - proposed major electric generation facility

Dear Secretary Renner:

Enclosed are the original and ten copies of the Pre-Application Report for the major electric generating facility that SUNSET ENERGY FLEET LLC proposes to build and operate in . The proposed facility will use natural gas fired, combined cycle technology to produce 520 MW of electric generating capacity and will be located in Sunset Park in , an area of New York City in particular need of new generating capacity.

By filing this Pre-Application Report, SUNSET ENERGY FLEET is initiating the formal consultation process described in Section 163 of the Public Service Law and Section 1000.4 of the Public Service Commission's regulations (6 NYCRR § 1000.4). We look forward to working with agency staff to reach agreement on the nature and scope of the studies to be conducted to support the application for an Article X certificate that SUNSET ENERGY FLEET expects to file this summer.

As described in Section 4 of the Pre-Application Report, SUNSET ENERGY FLEET representatives have met with staff of State and local government agencies and elected representatives to introduce and discuss the proposed facility, including personnel in the Departments of Public Service and Environmental Conservation.

-.,..v:i 9-^a \1 M •./!--> J Hon. Debra Renner April 5,1999 Page 2

Copies of this Pre-Application Report are being provided to the individuals listed on the attachment to this letter, in compliance with the requirementsTof Section 1000.4(d). Notice of the filing is being mailed to individuals listed on Schedule F of the Pre- Application Report.

es] )dc tfully/submijped,

John Cohen, Dax & Koeni^, P.C. Attorneys for SUNSET ENERGY FLEET LLC

JWD:tac Encs. SUNSET ENERGY FACILITY BROOKLYN, NEW YORK

ARTICLE X PRE-APPLICATION REPORT

Applicant: SUNSET ENERGY FLEET LLC c/o SEF ENERGY INC., its Managing Member 1041 Third Avenue New York City, New York 10021

Submitted to: New York State Department of Public Service Three Empire State Plaza Albany, New York 12223-1350

Prepared by: Raytheon Engineers & Constructors, Inc. 30 S. 17th Street Philadelphia, Pennsylvania 19101

April 5,1999 SUNSET ENERGY FACILITY BROOKLYN, NEW YORK

ARTICLE X PRE-APPLICATION REPORT

Applicant: SUNSET ENERGY FLEET LLC c/o SEE ENERGY INC., its Managing Member 1041 Third Avenue New York City, New York 10021

Submitted to: New York State Department of Public Service Three Empire State Plaza Albany, New York 12223-1350

Prepared by: Raytheon Engineers & Constructors, Inc. 30 S. 17th Street Philadelphia, Pennsylvania 19101

April 5,1999 1n o z H W

SUNSET ENERGY FACILITY BROOKLYN, NEW YORK

TABLE OF CONTENTS

1.0 Introduction 1-1 1.1 Background 1-1 1.2 Purpose of the Project 1-2 1.3 Public Need and Project Costs 1-4 1.4 Project Benefits 1-4

2.0 Project Overview 2-1 2.1 Barge Concept 2-2 2.2 Site Selection 2-3 2.3 Site Location 2-5 2.4 Major Project Features 2-6 2.4.1 Electrical Generating Station 2-6 2.4.2 Combined Cycle Technology 2-8 2.4.3 Cooling Water System 2-9 2.4.4 Fuel Supply 2-9 2.4.5 Electrical Interconnect 2-10 2.4.6 Water Treatment and Demineralization System 2-11 2.4.7 Fire Protection 2-12

3.0 Anticipated Environmental Issues 3-1 3.1 Permits and Approvals 3-3 3.2 Scope of Analysis 3-4 3.2.1 Marine Resources 3-5 3.2.2 Air Quality 3-18 3.2.3 Noise 3-36 3.2.4 Geology and Soils 3-37 3.2.5 Seismicity 3-39 3.2.6 Terrestrial Ecology 3-39 3.2.7 Threatened and Endangered Species 3-40 3.2.8 Land Use 3-40 3.2.9 Recreation 3-41 3.2.10 Aesthetics 3-41 3.2.11 Socioeconomics 3-43 3.2.12 Transportation 3-44 3.2.13 Cultural Resources 3-45 3.2.14 Public Safety 3-47 3.3 Cumulative Impacts 3-48 3.4 Evaluation of Alternatives 3-48

4.0 Public Involvement Program 4-1 4.1 Outreach Measures Prior to Public Announcement of Project 4-1 4.2 Public Announcement 4-3 4.3 Activities Following Public Announcement 4-3 4.4 On-Going Activities 4-5

5.0 References 5-1 FIGURES

Figure 1: SEF Facility Location, Brooklyn, NY

Figure 2: Aerial Photograph of SEF Facility Location with Utilities Noted.

Figure 3: Close-up Aerial Photograph of SEF Facility Location at the 22nd Street Pier within the Sunset Industrial Park at 20th Street and Third Avenue

Figure 4: SEF Facility Plan and Profile View

Figure 5: Gowanus Bay Water Depth in Feet from NCAA Navigation Chart

Figure 6: Preliminary Three-Dimensional Rendering of the Sunset Energy Facility J# Figure 7: Photograph of the Ship Currently Docked at the 22nd Street Pier, Proposed SEF Facility Location

APPENDICES

Appendix A: Regulatory Framework

Appendix B: Preliminary List of Permits and Approvals

Appendix C: List of Acronyms

Appendix D: SEF Press Release t# Appendix E: Public Involvement Program Documentation

Appendix F: List of Interested Parties

ii Sunset Energy Facility April 5, 1999 Article X Pre-Application

SUNSET ENERGY FACILITY ARTICLE X PRE-APPLICATION REPORT

1.0 Introduction

SUNSET ENERGY FLEET LLC (SEF) proposes to construct a 520 megawatt (MW) generating station in Brooklyn, New York (hereinafter, the Facility). In accordance with New York State (NYS) Public Service Law Article X, this Pre-Application Report identifies the environmental issues associated with the construction and operation of the proposed Facility, and the approach by which SEF intends to address them. Following review of the Pre-Application Report by the New York State Departments of Environmental Conservation (NYSDEC), Health (NYSDOH), and Public Service (NYSDPS), SEF expects to negotiate stipulations with the involved agencies and other interested parties detailing the scope and methodologies of the environmental impact analyses that will be conducted. The data and study results generated from those analyses will form the basis of the application. SEF will file for a Certificate of Environmental Compatibility and Public Need, required to build and operate the proposed Facility.

1.1 Background

The Applicant for the proposed Facility is: •

SUNSET ENERGY FLEET LLC do SEF ENERGY INC., its Managing Member 1041 Third Avenue New York City, NY 10021

The proposed Facility falls under the provisions of Article X governing the licensing of major electric generating facilities. SEF is initiating the formal Article X review process by the submittal of this Pre-Application Report. The purpose of this report is to inform the reviewing agencies, potentially interested parties, and the general public of the

1-1 Sunsel Energy Facility April 5, 1999 Article X Pre-Application

project, its location, and its conceptual design, as well as the environmental issues associated with the project construction and operation. Review of the Pre-Application Report may identify additional issues that may need to be evaluated. All relevant issues will be addressed in detail in the formal Article X Application that will be the focal point for the environmental review of the Facility. SEF will also initiate a Public Involvement Program (PIP) intended to inform the general public about the Facility and solicit the public's comments and concerns. This PIP will also contribute to the issues addressed in the Application.

The Pre-Application Report is organized in the following manner. Section 1.0 describes the Facility in broad terms. The technical details (engineering and equipment) are described in Section 2.0. Issues pertaining to the environmental setting and community, the Facility's potential impacts, and technical evaluations of these impacts are discussed in Section 3.0. The framework for the Public Involvement Program that fosters community and interested party input and participation is detailed in Section 4.0. A list of References is included in Section 5.0. Appendices A, B, and C, respectively, cover the regulatory framework of the Article X process, the list of permits and approvals required for the Facility to proceed to construction, and a list of acronyms and terms. Appendix D is a copy of the public announcement of the Facility and Appendix E contains examples of the documentation pertaining to the Public Involvement Program.

1.2 Purpose of the Project

New York City's electricity supply is dependent on a combination of transmission ties to upstate New York, New Jersey, and Long Island, and a fleet of aging in-City power plants that are costly, inefficient, and equipped with outdated pollution control technology. The transmission ties are by themselves inadequate to meet the area's demand for energy at times of high electrical demand, and the existing in-City capacity will soon fall short of the capacity levels required to maintain system reliability within the City.

1-2

Sunset Energy Facility Aprils, 1999 Article X Pre-Application

The New York Public Service Commission (PSC) has determined that, unlike the rest of New York State, full competition is not presently possible in the electricity supply market within New York City, because of the inadequacy of the transmission system to meet the electricity demand. As the PSC has concluded, construction of new power plants in the City is the only means to facilitate competition in that market. The PSC's conclusion echoes the conclusion reached in the 1998 State Energy Plan that competition in the deregulated electricity supply market depends on new entrants

The Facility will bring 520 MW of state-of-the-art, environmentally clean, competitively priced electric generating capacity to New York City. Because the Facility will be interconnected to the New York City and Brooklyn transmission grids at both 138 kilovolts (KV) and 345 KV, its competitively-priced, clean electricity will be available for use by City residents and businesses across a wide range of transmission system conditions. This flexibility will provide the assurance that the reliability, environmental, and competitive benefits of the Facility are realized in fact.

The Facility will meet several of the goals identified by the PSC pertaining to the generation of electrical power in New York City as follows:

• The need for new electric generating capacity in New York City, and specifically, the in-City load pocket located in Brooklyn.

• Increasing the reliability of the electrical system within the area by reducing dependence on transmission connections to distant supply sources and by adding 520 MW of new generating capacity.

• Facilitating the introduction of competition into the electricity supply market within New York City, thus helping to bring the benefits of competition to New York City consumers.

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1.3 Public Need and Project Costs

As a "merchant" power plant, the Facility will not be financed or supported by utility ratepayers. The funds to finance the Facility will be supplied by the Facility owners and the private capital markets and will be 100% at risk. Once in operation, the Facility will sell electricity into a fully competitive wholesale power market in which no buyer is required to purchase from the Facility.

As a result of its status as a merchant plant, the Facility meets the test of Public Service Law Section 168(2)(a), because it has been "selected pursuant to an approved procurement process." See PSC Case 98-E-0096, Declaratory Ruling Concerning Approved Procurement Process (April 16, 1998). As a result, SEF is not required to file the cost information listed in Section 164(l)(d) or demonstrate that the Facility will satisfy additional electric capacity or other electric system needs and is consistent with the long range planning objectives in the State Energy Plan, as otherwise required by Section 164(l)(e).

Nevertheless, and without waiving its rights not to file any such information, SEF will provide in its application a description of the need for new generation capacity in the City, in Brooklyn and in the particular area of the transmission grid in which the Facility will be located (the Greenwood "load pocket"). SEF will also demonstrate how its proposed Facility is directly responsive to the goals set forth in the 1998 State Energy Plan and articulated by the Public Service Commission that call.for new generating capacity to facilitate creation of a robust competitive market in support of the State's broader goals for providing electricity consumers with lower prices and greater choices while preserving or enhancing system reliability.

1.4 Project Benefits

The installation of the Facility will benefit Brooklyn, New York City, and New York State in the following manner:

1-4 Sunset Energy Facility Aprils, 1999 Article X Pre-Application

• The Facility will increase the efficiencyj of the State and City's electricity supply. Gas turbines operating in conjunction with a heat recovery steam generator (HRSG) (i.e., combined cycle) have a higher thermal efficiency than other proven generation technologies for new plants and far higher efficiencies than the older, existing steam boiler plants. This translates into greater electrical production per unit of heat input from the fuel used.

• The Facility will utilize the least polluting fuel (natural gas) for the majority of operation, and very low sulfur distillate oil on a limited backup fuel basis.

• The Facility is subject to the very stringent regulations that have been promulgated this decade as a result of the CAA Amendments of 1990. For instance, in compliance with regulations designed to eliminate the ozone air quality problem in the Northeast U.S., the Facility is required to incorporate "Lowest Achievable Emission Rate" control techniques for nitrogen oxides (NOx) and volatile organic compounds (VOC). The Facility's potential

emissions of NOx and VOC must also be 130 % offset by the certified decreases in actual emissions now occurring in this region.

• The operation of the Facility will increase the reliability of the electric system and promote competition in the electric supply market in New York City.

• The production of electricity from the Facility will decrease the use of older generating stations that are more costly and produce very high levels of air pollution per unit of electricity produced.

• The Facility is located in an existing industrial area and at a site with a long history of use for mooring vessels. This location also is near an existing high volume gas line, a major electrical substation serving the in-City electric transmission system, and water and sewer lines that will minimize construction-related disruptions.

1-5 Sunset Energy Facility Aprils, 1999 Article X Pre-Application

• The Facility will produce tax revenues, create employment opportunities, increase sales of local goods and services, and in general enhance the economy of the local community.

• The Facility will be assembled at a shipyard where the barge platform will be constructed outside of New York City. This will significantly reduce construction impacts on the local commtmity.

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2.0 Project Overview

SEF is proposing to develop a 520 MW (nominal net output) gas turbine combined cycle electric generating facility in Brooklyn, New York. The Facility will be located at the 22nd Street pier within the Sunset Industrial Park at the intersection of 20th Street and Third Avenue west of the Gowanus Expressway (Figures 1, 2, and 3). The Facility will be installed on three "fixed position" barges occupying an area approximately 125 feet wide by 880 feet long adjacent to the pier (Figure 4). Although fixed in position adjacent to the pier, the barge platforms will move vertically with the tide. Because the plant is self-contained on the barges, the only off-site facilities associated with the Facility are the necessary utility connections, including the natural gas, water, and sewer lines and the electrical interconnection with the existing power distribution system.

The placement of the generating equipment on barges is an effective and efficient method for locating electric generation proximate to the area where the electricity is needed and proximate to existing large volume gas supply lines and major substations serving the existing in-City high voltage electric transmission system. The electric transmission system and gas supply facilities near the Facility site offer the project several alternatives for interconnecting with the power grid and obtaining a stable and sufficient gas supply for operation. Distillate oil will be used as a backup fuel only to ensure that the Facility remains operable (i.e., not shut down by gas curtailment) when the need for power in the winter months dictates.

Selection of a barge-mounted, rather than a land-based, installation was driven by several considerations. A primary concern for siting new power projects in New York City is the availability of 8 acres of industrial zoned land, the typical requirement for a 500 MW combined-cycle plant constructed on land, or adjacent to, the interconnections for electrical distribution and gas supply. This requirement for proximate location is necessary to preclude the disruption and undue expense associated with constructing underground interconnect lines within New York City, which would make the power project not economically feasible. A second consideration relates to the proximity to

2-1 Sunset Energy Facility Aprils, 1999 Article X Pre-Application

residential areas that land-based developments entail. By placing the Facility at a pier, nearby residential areas are buffered by intervening industrial property, the Gowanus waterway, and the elevated Gowanus Expressway.

2.1 Barge Concept

The concept of electric generation equipment being installed on barges is not unique, and numerous power plants installed on barge platforms are operating worldwide. For example, Consolidated Edison currently operates two barge mounted power generating stations in New York City. One is located five blocks south of the proposed Facility site and the second is located 1 mile further to the south. These two plants have been operational since the early 1970's. A plan which presented options for new power project sites in New York City, recently submitted by Consolidated Edison in support of the sale of its generating stations, identified barge mounted power plants as the quickest way to add generating capacity in New York City.

A gas turbine combined cycle project utilizing natural gas as fuel has the characteristics that make barge mounting possible. The footprint for the gas turbine, HRSG, and steam turbine alignment is smaller and has a shorter vertical profile compared to other power generation technologies. A typical 500 MW combined cycle plant layout on land would require approximately 8 acres, an area of land that is simply not available in this portion of Brooklyn. No storage of gas fuel is needed because the gas pipeline system supplies gas as needed. Pollution control equipment does not require a large space because control equipment associated with gas turbines is limited to catalysts for the reduction of nitrogen oxides (NOx) and carbon monoxide (CO). Natural gas is the cleanest fossil fuel available, and its use reduces the need for sulfur dioxide and particulate removal equipment. The use of "once through" cooling eliminates the need for a relatively large area for a cooling tower or air-cooled condenser. Switchyard equipment for this project will be installed adjacent to the existing Gowanus substation rather than at the Facility site.

2-2 Sunset Energy Facility April 5, 1999 Article X Pre-Application

2.2 Site Selection

The installation of a new generating station in New York City requires a rare combination of characteristics: the site must have direct access to four elements critical to the construction and operation of a generating station: navigable water, cooling water, a high volume natural gas line and Con Edison's high voltage transmission system; and the site must be in an industrial zone. In addition, in order for the City's residents to derive the greatest value from the new installation, the site must be in an area that has a compelling need for new, incremental generating capacity, i.e., a "load pocket." The Facility site possesses this combination of characteristics.

The ability to transport electricity from one region to another is constrained by the physical limits of the transmission system. A load pocket is a geographic area that, as a result of transmission constraints, requires that electricity be generated within that area to ensure that consumer demands are met. In New York City, the PSC and Con Edison have identified several load pockets: the City as a whole; the entire area within the City served by the 138 KV transmission system which includes most of the City; and three areas within the 138 KV system identified as: Astoria ( and most of Queens); Vemon (a portion of western Queens and an adjoining portion of Brooklyn); and Greenwood (most of western Brooklyn). The PSC has concluded that effective competition is not possible within the City's load pockets unless new plants located within the load pockets are constructed.

Because of the costs, delays and adverse impacts of undertaking significant new transmission construction in the City a power plant needs to be located where there is ready access to the existing transmission system to be able to deliver its electricity to market. This generally means that new generating capacity will be located on the City's periphery where the high voltage substations are located. New transmission construction adds to the costs of a new plant — thereby increasing its cost structure and affecting its competitive position ~ and also imposes adverse impacts on the community.

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Because all new generating plants within the City will rely on natural gas, ready access to the large gas pipelines feeding the City is also needed. This means that plants must have direct access to the New York Facilities System (NYFS) - the shared utility pipeline network that circles the City and interconnects the local gas distribution systems with the interstate pipelines. This requires locations on the periphery of the boroughs.

Finally, generating plants must be located within an M-3 industrial use zone. Accordingly, in order to meet the needs for new generating capacity within the City load pockets a site must be located within that pocket, sited in an M-3 zone, and have access to both the gas and electricity transmission systems. The number of sites in the City that combine these characteristics are few.

Using access to gas and electricity transmission systems, water, and a location within an M- 3 zone as threshold siting criteria, SEF focused its attention on the 138 KV load-subpockets, and searched for a site that would support a barge mounted plant, while also allowing plant output to serve both the 138 KV and 345 KV systems. SEF performed an extensive search for available private properties as potential plant sites meeting these characteristics. SEF also contacted the New York City Economic Development Corporation (NYCEDC) on several occasions to discuss use of City property as a plant site, but the NYCEDC would not agree to enter into a long-term lease. Only one available M-3 site, the Sunset Industrial Park site, was identified which had proximity to Con Ed's Gowanus substation, proximity to the NYFS and direct water access.

In addition, SEF also examined the potential for other sites whether land or water based that could serve the Greenwood load pocket and tie into both the 138 and 345 KV systems. SEF concluded that there are no such sites.

The Sunset Industrial Park location of the Facility has the rare combination of proximity to water for navigational and cooling purposes, natural gas transmission system (NYFS), and readily accessible interconnections to the in-City electrical transmission system, and the

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proper zoning, which will allow the Facility to be constructed and operated with minimal impact to New York City residents.

2.3 Site Location

The proposed Facility is located in New York City, in the western part of the borough of Brooklyn in the Sunset Industrial Park (Figure 1). The barge platform will be moored at the 22nd street pier on Gowanus Bay (Figure 3). The project site is located within the property of the Sunset Industrial Park at an existing pier currently in use. A ship currently being used as a long-term storage facility has been moored at the pier for an extended period of time. Major thoroughfares near the site include Third Avenue, Hamilton Avenue, and the elevated Gowanus Expressway that runs above Third Avenue in a northeast-southwest direction.

The entire area on both sides of the Gowanus Bay in the vicinity of the site is industrial waterfront with numerous industrial structures as well as warehouses and office buildings. The tallest building in the area is a multi-story jail approximately 6 blocks south of the site. An oil storage area is located directly across the waterway from the 22nd Street Pier (Figure 3). The closest residential areas to the site are located beyond the elevated Gowanus Expressway and Hamilton Avenue, several hundred feet from the Facility location. The elevated Gowanus Expressway will serve as a visual and acoustical buffer for the Facility from the residential area closest to the site. Warehouse structures extend along the length of the pier separated from the site of the barge platform site by a 25-foot wide cartway. These structures are approximately 30 to 50 feet in height and will provide an additional visual and sound barrier to the north of the barge platform. A pier covered by a 35-foot tall warehouse that is situated approximately 125 feet south of the proposed barge platform site, opposite the mooring site, will serve in the same buffering capacity.

The area containing the site is being considered by the New York City Economic Development Corporation and the Mayor of New York City for a major upgrade as a

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working port facility that would include expanding warehouses, roads, and shipping facilities. The upgrade plan earmarks $500 million for the rehabilitation of docks and warehouse facilities in south Brooklyn in the area from Sunset Park to Bay Ridge. Another revitalization plan costing from $1 to $4 billion calls for the construction of a railroad tunnel under the harbor into Brooklyn along with the waterfront improvements. Each of these projects would increase the industrial activity in the area and would likely increase the demand for electricity in the area.

A power project installed on a barge platform will have the added benefit of minimizing any disruption to the local community during construction. A typical 500 MW power plant being constructed on land requires the use of heavy equipment that would generate noise and dust with attendant affects on the local community. In addition, a peak construction force of over 600 people will be needed for several months that would result in the disruption of local traffic and possibly other concerns. In contrast to this situation, the power generation equipment for the proposed Facility will largely be installed at the shipyard where the barge platform is constructed. The barge will be floated almost fully assembled to the site. The onsite construction will be limited to the construction of interconnect lines (gas, electric, sewer and potable water) and the installation of "fixed position" pilings. There will also be a temporary laydown area at the foot of the pier. The construction activities related to this project will have a minimal impact on the local community.

2.4 Major Project Features

The major physical design features of the Facility, including the gas turbine combined cycle equipment, cooling water system, fuel supply, electrical interconnect, water treatment, and fire protection are described in this Section.

2.4.1 Electrical Generating Station

The Facility is comprised of two gas turbine combined cycle systems (two gas turbines, and two heat recovery steam generators (HRSGs)) and a single steam turbine together

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generating an electrical output of approximately 520 MW. Westinghouse 50IF gas turbines or equivalent sized machines from another manufacturer will be utilized. This equipment along with other plant components will be installed on three barge sections that will be joined into a rigid platform. The combined dimensions of the three barge sections arranged linearly and moored next to the pier are approximately 118 feet wide by 880 feet long (Figures 3 and 4). Umbilical lines for electric transmission, gas supply, city water, and sewer discharge will be connected to the barge platforms from the pier.

The preliminary barge platform plot plan is displayed on Figure 4. Prominent features of this plan for the 880-foot long platform are as follows. The intake structure and water treatment system are located at the end of the barge closest to Gowanus Bay. The next major pieces of equipment moving in from the bay are the condenser and steam turbine generator which are placed near the water intake to optimize piping and pumping of water. Next are the two gas turbine / HRSG sets which are equal in length but are laid out stack to stack (mirror image) for environmental and appearance reasons. At the end of the barge closest to the bulkhead are the gas compressors, the main transformer, and the control room electronics area. A pipe rack will run on the south side of the barge platform. Additional equipment will be located below the barge deck including storage tanks for aqueous ammonia, backup oil fuel, potable water, sanitary and sewer discharge water, and turbine lubricant.

The height of the Facility will be below 80 feet except for the two stacks that serve the turbine trains. The Facility height will be in the range of existing structures in the industrial area along the waterfront. The two stacks will be configured at a minimum of 125 feet in height, and are initially designed with an 18-foot diameter and a separation of approximately 12 feet. This 125-foot height needs to be confirmed through detailed technical analysis to ensure compliance with Ambient Air Quality Standards and other regulatory requirements.

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2.4.2 Combined Cycle Technology

The Facility will use gas turbine combined cycle equipment, the most efficient technology for converting the energy in fossil fuel to electricity. In this technology, electricity is initially produced by the gas turbine / generator sets through the firing of natural gas. The exhaust gas from the turbine is emitted at a high temperature and pressure containing usable energy. A HRSG, which is basically a boiler, is used to extract the heat energy from the gas turbine exhaust and produce steam. This steam is then directed to the single steam turbine / generator set to produce additional electricity. The overall thermal efficiency of the system approaches 54 percent; the efficiency for the gas turbines alone (minus the HRSG and steam turbine) would be approximately 35 percent.

For comparison purposes, the typical thermal efficiencies of other technologies burning fossil fuels which are utilized to generate electricity in large power plants, are as follows:

• New coal fired boilers - 36 to 38 percent, • Existing older oil fired boilers - 25 to 34 percent, • Existing older peaking turbines -19 to 24 percent, • New integrated gas combined cycle (solid fuel gasification) - 42 to 45 percent, and • New simple cycle gas turbine - 24 to 38 percent.

As evident, the gas turbine combined cycle technology being utilized for the Facility is by far the most efficient way to generate electricity from fossil fuel.

Natural gas is the least polluting fossil fuel. The high thermal efficiency, which reduces the amount of fuel use compared to other technologies, combined with the use of a clean fuel will result in an overall minimization of air emissions to the environment. The Facility will also employ catalysts for NOx and carbon monoxide (CO) that will further reduce emissions of these pollutants. When the Facility is operating on low sulfur oil, the

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limited length of time that the oil is fired combined with the high thermal efficiency and pollution control by water injection and selective catalytic reduction (SCR) will limit emissions.

2.4.3 Cooling Water System

The Facility will employ a "once through" cooling system. Other alternatives for cooling, such as a wet mechanical tower or air-cooled condenser, are not feasible, due to: (i) the physical impracticality of placing large cooling structures on a barge; (ii) space constraints at the Facility site that prohibit placing the cooling structures on land; and (iii) adverse impacts from noise, fogging, and icing that would be unacceptable in an urban environment.

The maximum amount of water utilized for cooling is less than 120 million gallons per day. This water will be returned to Gowanus Bay after absorbing waste heat. Preliminary modeling indicates that the cooling water discharge will meet NYSDEC criteria established to minimize environmental impacts in the channel.

The discharge pipe associated with the "once through" cooling system will extend from the barge platform out to a distance of up to 2000 feet towards the mouth of Gowanus Bay. The exact location will be determined when all of the technical studies necessary to locate the discharge are completed and concurrence has been obtained from the reviewing agencies (NYSDPS, NYSDEC, ACOE, and NYCDEP).

2.4.4 Fuel Supply

The primary fuel for the Facility will be natural gas. This fuel will be supplemented by low sulfur distillate oil when natural gas is not available. Oil will be delivered by barge and will be stored in day tanks within the Facility's hulls. Natural gas will be delivered by means of a new interconnect with an existing large volume supply pipeline, most likely the portion of the New York Facility System operated by Brooklyn Union Gas in the vicinity of Third Avenue. No new above ground structures are anticipated for the gas

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connection other than a small metering station most likely located in the Sunset Industrial Park near the Facility.

The approximate amount of fuel (either natural gas or distillate oil) consumed by operating both turbine trains at full load under various ambient conditions is as follows:

• Gas consumption @ 92° F - 3,400 mcf / hour • Gas consumption @ 59° F - 3,650 mcf/ hour • Gas consumption @ 20° F - 3,930 mcf/ hour • Oil consumption @ 11° F - 458 gpm / hour

2.4.5 Electrical Interconnect

The electrical output will be delivered to the Con Edison grid by means of an interconnection at an existing Con Edison substation in the vicinity of the Facility site, most likely at the Gowanus substation. An interconnection study is currently being conducted in coordination with Con Edison. Connection to both the existing 138 KV and 345 KV systems is possible. No new above ground structures at the Facility site would be required for the electrical interconnection other than at the pier adjacent to the barges. An electric switchyard containing the transformers and other electrical equipment needed for an interconnect will be constructed in a 165-foot by 50-foot area adjacent to the existing Gowanus substation. This substation is located only five blocks from the proposed site between 25th to 28th streets west of Third Avenue.

345kV Underground Power Cable The electrical power interconnection between the proposed generating facility and the existing Con Edison Gowanus Substation will be approximately 3,000 feet in length. It will consist of 345kV underground cable installed in an approximately four-foot deep trench, and backfilled with selected soil material or concrete. Engineering design is currently evaluating two options for the cable installation; one option is to use solid- dielectric cable and the second is to use pipe-type cable. The solid-dielectric cable may be installed in individual plastic conduit for protection or may be directly buried if that is

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feasible. The pipe-type cables would be installed inside an 8 inch diameter (nominal) pipe, and will be filled with dielectric-fluid to provide electrical insulation. The underground cable circuits will surface at the Gowanus Substation and Generating Plant ends, and will be terminated at above ground porcelain bushings.

The cable system construction will be staged and supported with the objective of maintaining a minimum impact on traffic flow. Trenching, pipe installation, trench backfill, and resurfacing will be a continuous sequential operation such that not more than approximately 500 feet of cable route length are under construction at any given time to mitigate traffic impacts during installation.

2.4.6 Water Treatment and Demineralization System

The water treatment system will treat circulating water, produce demineralized water, treat water in the HRSG, and treat water effluent. Chlorine will be injected into circulating water to control biological growth. Chlorine will be stored and injected as sodium hypochlorite. Sodium bisulfite will be injected to neutralize the chlorine prior to discharge.

The make up water for the demineralization system will be supplied from the city water system. City water is injected with a coagulant such as alum before flowing through a filter. The water is injected with sodium bisulfite to remove chlorine, and is also injected with a proprietary anti-scaling compound and acid to adjust pH before entering the Reverse Osmosis (R/O) filters. A mixed bed polisher with neutralization tank may also be required. This polisher would require sulfuric acid and sodium hydroxide for regeneration and neutralization. As much as 40 gpm of wastes will be generated from the demineralization system. This waste water would be neutralized and would be non-toxic, but would have TDS (total dissolved solids) loading of approximately 3 times that of the make-up water.

Condensate in the steam system will be treated with an oxygen scavenger, such as carbo- hydrazide, an amine such as cyclohexamine, and a phosphate such as tri-sodium

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phosphate. Approximately 22 gpm of water will be continuously blown down from the drum to maintain water chemistry. Blowdown rates can increase during intermittent blowdown or plant upset conditions.

2.4.7 Fire Protection

The Fire Protection system will be completely defined when the Fire Protection Plan is completed and approved. A seawater fire protection system will be utilized. An electric driven fire pump, diesel driven fire pump, and jockey pump will be installed. These turbine pumps will probably be installed on the decking and draw water directly from Gowanus Bay.

The majority of the plant will be protected by dry pipe deluge systems and hose racks. Carbon dioxide total flooding systems will be utilized where water spray would harm equipment. Depending on the size of the distillate storage tank, monitors or other specialized equipment will be used to protect the distillate storage tank. Sump pumps will be sized to discharge firewater flows from the bilge of the barge.

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S2msel Energy Facility April 5,1999 Article X Pre-Application

3.0 Anticipated Environmental Issues

Since the space utilized for the Facility will be limited to the three barge platforms, the Facility will have minimal environmental impacts of the kind associated with the footprint occupied by a land-based plant. Any environmental concerns will be associated with the Facility's operation, the use of a water front location, and potential visual and noise impacts. Since the barges and equipment will be assembled and fabricated offsite, construction impacts should be limited to the gas supply, transmission interconnect, city water and sewer lines, areas designated for temporary laydown, placement of the cooling water pipeline in Gowanus Bay, placement of the mooring piles (if needed) in Gowanus Bay, and operational employee transportation and parking in Sunset Industrial Park.

The following significant environmental issues have been identified for the Project at this time:

• Water Quality - The Facility will utilize water from the Gowanus Bay for cooling and will discharge the water back into the bay. The cooling system will be designed so that the discharged water will remain in compliance with NYS criteria for minimizing aquatic impacts.

• Marine Habitat - The direct and indirect affects of the construction and operation of the power plant, including the cooling water system, on the marine habitat of Gowanus Bay will be investigated and documented in detail. The intake will be designed in a manner that minimizes the effect of entrainment and impingement on aquatic animals, while maintaining the viability of the Facility. Unavoidable adverse impacts will be mitigated.

• Air Quality - The operation of the Facility will involve the combustion of natural gas as the primary fuel, with limited backup fuel usage of 0.05 % S distillate oil. Combustion exhaust will be emitted into the atmosphere through two stacks. Regulatory compliance must be demonstrated for the quantities of pollutants emitted following control by the pollution control equipment and

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systems employed by the Facility. Ambient air quality impacts on the surrounding area that result from these emissions will meet Air Quality Standards. The Facility will meet all applicable LAER and BACT requirements.

• Noise - The operation of mechanical equipment (turbines, fans, gas compressors, etc) will generate noise that may need to be controlled. The Facility noise will be assessed relative to existing noise levels such as noise due to traffic on the elevated Gowanus Expressway. Compliance with state and local noise criteria will be demonstrated.

• Visual Effects - SEF will demonstrate that the profile and appearance of the Facility are similar to other structures in the site vicinity.

• Land Use - SEF will demonstrate that the location of the Facility meets the applicable local, state, and federal standards for waterfront use, and historical preservation concerns.

• Dredging - The cooling water discharge pipelines may be required to be placed below the sediment bottom and navigation depth of Gowanus Bay in order to preclude interference with shipping and/or maintenance of the shipping channel. The pipeline installation may require dredging or excavation, which has the potential to impact the marine habitat, and may require the disposal of potentially contaminated sediments.

• Socioeconomic Impact - The Facility will likely produce positive and negative impacts on the local community in addition to the impacts listed above. Impacts associated with increased traffic (if any), increased economic activity, and increased employment will be studied.

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Other environmental concerns, if any, will also be addressed within the Article X and other permitting processes. These issues will be determined in meetings with the various agencies and through comments received during the Public Involvement Program.

3.1 Permits / Approvals

Since the Project's generating capacity will exceed 80 MW, it will require a Certificate of Public Need and Environmental Compatibility pursuant to Article X of the NYS Public Service Law (Appendix A). Article X establishes a comprehensive process for balancing environmental concerns and public need that subsumes and replaces nearly all other permitting and licensing procedures that would otherwise apply, including the State and City Environmental Quality Review Acts. Nearly all otherwise applicable State permits, licenses, approvals, and all City permits are, in effect, issued by the New York Board on Electric Generation Siting and the Environment (the "Siting Board") rather than State or City agencies. Certain Federal permits and approvals, including Federal permits and approvals administered by State agencies pursuant to delegated authority, are also required and will be obtained separately. A preliminary list of major permits and approvals required for the Facility is presented in Appendix B, separately identified for those issued by the Article X Board and those issued by other agencies.

The Siting Board is comprised of the heads of the Departments of Public Service, Environmental Conservation, Health, and Economic Development, plus two members appointed by the Governor from among residents of the local community. Careful technical review of the application is assured by the active participation of the staffs from these agencies.

Although the siting process supersedes the other State and City permitting processes and procedures, the process provides for wide participation by all pertinent State and local agencies, local elected officials, community groups, and interested members of the public, and provides numerous opportunities for input on all relevant issues. In this case, it is expected that the New York City Department of Environmental Protection

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(NYCDEP) as well as other City agencies will play an active role. One goal of this process is to ensure the Facility's comphance with the substantive requirements of all State and local laws. (The Siting Board may override local laws, but only where it determines that compliance would be unreasonably restrictive.) At this time, SEF has not identified any local requirements as being unreasonably restrictive.

The process also includes active public involvement and outreach programs and requires that applicants provide a fund to defray costs incurred by interested parties (subject to Siting Board approval) in reviewing the impacts of the project.

Separate permits or approvals may be required from the following agencies: • United States Environmental Protection Agency, • UnitedStates Army Corps of Engineers, • United States Coast Guard, • Federal Aviation Administration, • NYS Department of Environmental Conservation, and • New York State Department of State.

3.2 Scope of Analysis

SEF will undertake a full range of environmental studies to thoroughly evaluate the potential environmental impacts of the Facility. These studies are intended to provide the necessary information and data for the Siting Board, other reviewing agencies, and the public to fully evaluate the potential impact of the Facility on the environment. These studies will be developed to meet the substantive information requirements of the National Environmental Policy Act (NEPA), the Council on Environmental Quality (CEQ) regulations for implementing NEPA, and the regulations implementing Article X. The studies are also intended to develop detailed information for specific permit applications to the Environmental Protection Agency (EPA), the U. S. Army Corps of Engineers (USCOE), the U. S. Coast Guard (USCG), and the NYSDEC.

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The purposes of conducting the studies are as follows: • Characterize the existing environmental setting.

• Identify and assess potential impacts on the natural and human environment that would result from the construction and operation of the Facility.

• Identify and implement specific mitigation measures to minimize potential adverse environmental impacts.

• Provide the government agencies and the public with all information necessary to reach informed decisions on permit applications.

The scope of these studies is described below by resource topic.

3.2.1 Marine Resources

This section provides a brief description of the existing conditions within Gowanus Bay. Information was obtained from studies conducted at nearby power plants and will be supplemented with site-specific data as necessary. Major potential impacts to marine resources that may result from the Facility include the following:

• Construction impacts such as dredging associated with the discharge pipeline installation; • Operation impacts including the withdrawal of marine waters containing planktonic life stages of marine organisms from Gowanus Bay, and the discharge of heated non- contact cooling water back into the bay; and • Shading impacts associated with long term mooring of the barges.

The Facility must meet the requirements of several regulations designed to safeguard marine resources, including:

• The federal Clean Water Act (CWA) as implemented by the NYSDEC through the State Pollution Discharge Elimination System (SPEDES);

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• Section 404 of the CWA and Section 10 of the Federal Rivers and Harbors Act administered by the U. S. Army Corp of Engineers (USCOE); • The Use and Protection of Waters Program administered by the NYSDEC under 6 NYCRR, Part 608; • The New York State Department of State Coastal Management Program (NYSCMP); • The federal Endangered Species Act, Section 7 review by U. S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS); and • The New York City Local Waterfront Revitaiization Plan (LWRP), with which the Facility is compared for consistency by the New York State Department.

SEF will provide the information needed to obtain regulatory approval under these programs including a SPDES permit package. SEF will apply for USCOE approval and related federal review concurrently. Federal consistency reviews and certification associated with the USCOE permit will be conducted by NYDOS under the NYSCMP.

3.2.1.1 Existing Conditions

Physical Characteristics and Water Quality Gowanus Bay is located on the eastern shore of the Upper Bay of New York Harbor in Brooklyn (Figure 1). The bay is heavily industrialized with the shoreline consisting almost entirely of piers and bulkheads (Figure 3). Little or no natural shoreline remains. The bay is approximately 1,700 feet wide at the mouth tapering to about 120 feet wide at the head. At the head of Gowanus Bay lies the Gowanus Canal an approximately one mile long man-made canal, terminating at Butler Street. Studies of the canal have found the waters to be highly stratified with little flushing under dry or wet weather conditions (HydroQual 1993). The poor flushing characteristics have resulted in poor water quality, low dissolved oxygen, and high coliform bacteria levels. NYCDEP is rehabilitating the Gowanus Flushing Tunnel (GFT) to improve circulation in the canal. The GET is to be reactiated in 1999 and will pump between 170-300 MGD of water (tide-dependent) from the Buttermilk Channel into the head of Gowanus Canal

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Gowanus Bay is relatively deep with depths at the mouth of over 40 feet (Figure 5). A navigation channel with a depth of over 30 feet extends to the head of the bay. Dredged channels exist in and around the numerous piers, with man-made channels extending to the bulkheads. There is little area where the water depth is less than 10 feet. There are few or no inter-tidal flats in the bay area.

Tides in the region are diurnal. Gowanus Bay has a mean tidal range of 4.7 feet and a spring tidal range of 5.7 feet (NOAA 1995).

Salinity and dissolved oxygen data is available from a study conducted in the East River and Brooklyn Navy Yard Basin (BNYB) located three miles to the northeast of Gowanus Bay (EA. Engineering, 1995,1998). Salinity in BNYB ranged between 10 and 29 part per thousand (ppt) over the sampling period. Vertical salinity profiles indicate a well-mixed system. The large range in salinity found in the BNYB is the result of seasonal variations in river flow. Dissolved oxygen ranged from about 3 mg/1 in the summer months to 12 mg/1 in the late winter.

The salinity in Gowanus Bay should be more marine in nature because of its closer proximity to the ocean and the lack of significant fresh water flows in Gowanus Canal. Oxygen concentration in Gowanus Bay may be lower than those found in BNYB due to the water quality problems in Gowanus Canal.

The Brooklyn Navy Yard Cogeneration Project developed an estimate of the long-term maximum ambient water temperatures in the BNYB (EA Engineering, 1995). The estimate was made using a surface heat exchange model and a 43-year meteorological record from LaGuardia International Airport. The calculated ambient temperatures were compared to the weekly observations in the East River obtained between 1975 and 1980 by the NYCDEP, and daily water temperature observations in the East River obtained between 1976 and 1980 by the Interstate Sanitation Commission (ISC). Agreement between the calculated and observed water temperatures was reported to be positive (EA

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Engineering, 1995). The worst-case maximum water temperature was estimated at 78.10F based upon a 1-day duration and a 10-year return period.

Gowanus Bay is only 3 miles southwest of the BNYB and the meteorological records from LaGuardia International Airport are applicable to the SEF location. The worst-case maximum water temperature estimate for BNYB would be a conservative estimate for SEF because Gowanus Bay is directly connected to New York Harbor and is closer to the ocean boundary than the BYNB. Both the New York Harbor and the Atlantic Ocean have higher thermal mass then the East River and will thus warm and cool more slowly in response to atmospheric temperature changes. The 78.10F worst-case maximum water temperature will be used to demonstrate SEF compliance with NYSDEC's general thermal discharge criteria as well as the special criteria for estuaries.

Aquatic Resources A preliminary review of available literature did not result in any information specific to the marine biology of Gowanus Bay or Gowanus Canal. However reference was made to a lack of any wildlife currently in Gowanus Canal as one of the reasons to reactivate the GFT (Gowanus Canal Community Development Corporation, 1999).

Aquatic resources in Gowanus Bay might include migratory and resident fish and benthic invertebrates. The shoreline consists almost exclusively of piers and bulkheads (Figure 3); therefore, the bay lacks wetlands and salt marshes. There is little or no submerged aquatic vegetation because of the lack of shallow water. Any macrophytes found in the area will be those with the capability of existing within the inter-tidal zone by attaching to pilings, bulkheads, and retaining walls. Benthic macroinvertebrates may consist of burrowing worms and small crustaceans that inhabit soft bottoms. Other invertebrates may include organisms that can utilize the many piers and bulkheads as habitats such as barnacles, and some mollusks (mussels and snails). It is highly unlikely that the bay contains any clam or mussel beds.

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Gowanus Bay is unlikely to be a significant spawning and nursery area for aquatic organisms due to the heavily modified shore line, lack of shallow water, absence of marshes and inter-tidal flats, lack of submerged vegetation, the regular occurrence of dredging, heavy ship traffic, and generally poor water quality. This water quality may improve through the operation of the Gowanus Canal pumping project. Most eggs or larvae found within the Bay are likely to be moving passively in and out of the bay with the tides. This would include ichthyoplankton. The possible taxa of ichthyoplankton that might be found in Gowanus Bay can be estimated from other power plant studies in the New York Harbor area. The most applicable to Gowanus Bay is an ichthyoplankton entrainment study conducted in connection with Brooklyn Navy Yard Cogeneration Project located 3 miles to the northeast. This study sampled 23 taxonomic groups offish between February and September 1997 (EA Engineering, 1998). Twenty of the taxa were marine species, one estuarine (hogchocker), and two diadromous (American eel and Atlantic tomcod). The six that accounted for over 91 percent of the taxa entrained were tautog, bay anchovy, fourbeard rockling, grubby sculpin, winter flounder, and silver hake.

The most abundant life stage collected was eggs (78%), followed by post yolk-sac larvae (18%). Juveniles and yolk-sac larvae accounted for less than 3%. Three of the most abundant taxa entrained (tautog, fourbeard rockling, and silver hake) were almost exclusively entrained as eggs.

A list of the most abundant taxa collected at power plant intakes in the New York City area is provided in Table 3.2-1. This table is not intended to be a complete species list, but rather a list of taxa in the area that have been found most susceptible to power plant impacts.

Threatened and Endangered Species None of the fish species listed in table 3.2-1 are threatened or endangered. The shortnose sturgon (Acipenser brevirostrum) a federally listed endangered fish is found in the Hudson River. However, shortnose sturgon has not been collected in any studies

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conducted in Newark Bay or adjacent waters of Upper Bay (ACOE 1997) and is not likely to be found in Gowanus Bay.

Sea turtles including the threatened loggerhead (Caretta caretta) and the endangered Kemp's Ridley (Lepidochefys kempii), green {Chelonia mydas), and leatherback (Dermochefys coriacea) may be found in the Upper Bay of New York Harbor (NMFS 1996). SEF will work with the NMFS and the USFWS to develop a sea turtle conservation plan in association with any dredging activity to protect sea turtles. In development of the final intake design, SEF will account for the possibility of sea turtles in the source water.

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Table 3.2-1: Dominate taxa sampled at power plants intakes in the New York City area.

Common name Scientific name Habitat Brooklyn Ravenswood Astoria Arthur ill NYCF Station Station Station American eel Anguilla rostrata CS,YR Ent Atlantic herring Clupea harengus M, SR Ent Imp Imp Imp Atlantic menhaden Brevoortia tyrannus M,SR Ent Ent [mp Atlantic silverside Menidia menidia M, SR Imp Imp Atlantic tomcod Microgadus tomcod AS.YR Ent Imp Bay anchovy Anchoa mitchilli M, SR Ent Ent Imp, Ent Imp, Ent Blueback herring Alosa aestivalis AS Imp Imp, Ent Cunner Tautoglabrus adspersus M,YR Ent Imp, Ent Fourbeard rockling Enchelyopus cimbrius C/OS Ent Ent Ent Goby Gobiidae M Ent Ent Grubby Myoxocephalus aenaeus M,YR Ent Imp, Ent Ent Northern pipefish Syngnathus fucus M, YR Ent Imp Imp Ent Rock gunnel Pholis gunnellus M,YR Ent Imp Silver Hake Merluccius bilinearis C/OS Ent Imp, Ent Ent Spotted hake Urophycis regius C/OS Ent Imp Striped bass Mororte saxatilis AS Ent Imp Tautog Tautoga onitis M.YR Ent Ent Threespine stickleback Gasterosteus aculeatus M,YR Imp Wmdowpane Scophthalmus aquosvs M,YR Ent Imp Winter flounder Pseudopleuronectes M,YR Ent Imp, Ent Imp, Ent Americanus YR= year-round resident AS= anadromous species C/OS= coastal, offshore species SR= seasonal resident E= esturine Ent= entrained species CS= catadromous species M= marine Imp= impinged species

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3.2.1.2 Data Collection Program

SEF proposes to conduct a field-sampling program in Gowanus Bay that will generate data to be used for impact analysis. The objective of the field program is to define the biological and oceanographic conditions of Gowanus Bay in order to assess the potential impact of the Facility on the bay. The biological aspects of the study include mapping the habitats present in the harbor as well as determining the seasonal and spatial population distribution of the ichthyoplankton and benthic macroinvertebrates in Gowanus Bay. The oceanographic aspects of the study will delineate the physical and chemical parameters of the bay. The study area will include the areas of Gowanus Bay where the intake and discharge structures may be located as well as the barge location. The data will be used to support the impact assessment for the Article X process and compliance with the State Pollutant Discharge Elimination System (SPDES) requirements under the CWA.

Hydrology and Water Quality The hydrology and water quality study to be conducted will include the compilation of data pertaining to the physical and chemical parameters of Gowanus Bay. Existing data obtained in Gowanus Bay from previous studies, if available, will be incorporated into this study effort. The hydrology and water quality data to be obtained as part of the study includes the following:

• Temperature and salinity profiles; • Bathymetry of the bay in the vicinity of the intake/discharge structures; • Velocity and direction of currents over several tidal cycles and flushing characteristic from existing sources; • Water quality (pH, dissolved oxygen, turbidity, suspended and dissolved solids); • Water chemistry (volatile organic compounds, semi-volatile organic compounds, metals, polychlorinated biphenyls, etc.); and

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• Sediment chemistry (volatile organic compounds, semi-volatile organic compounds, heavy metals, polychlorinated biphenyls, etc.).

The collected data will be used to assess the impacts of the Facility on the marine environment. The information will be incorporated into the analysis of the thermal discharge to determine near field and far field thermal impacts. The results will be utilized in the final design of the cooling water system to ensure compliance with environmental regulations.

Habitat Map A habitat map of the study area will be created using aerial photographs combined with selected visual reconnaissance by scuba divers and/or bottom grab samples to evaluate the shoreline and substrate type, biotic association, and zonation. Photographs will be taken, if feasible, to help in describing the different communities, bottom type, and habitat that occur in the study areas.

Unconsolidated Bottom Communities The unconsolidated bottom community includes macroinvertebrates living in and on soft silt-clay and fine sand bottoms. Facility construction will have a minor impact to the unconsolidated bottom communities of Gowanus Bay as a result of dredging associated with the installation of discharge pipeline. To estimate the number and species of organisms impacted, triplicate bottom grabs will be taken at various locations throughout the bay. The sampled materials will be sieved through a 0.52mm mesh wash frame and all retained organisms transferred to jars and preserved. All macroinvertebrates fauna will be identified to the lowest practical taxon and weighed. Sample data will be converted to number (and grams) of individuals per unit area.

Ichthyoplankton Ichthyoplankton (planktonic life stages of fishes) samples will be taken in order to estimate and compare the numbers, sizes, and species expected to be entrained by the proposed intake configuration. The Facility plans to use wedge-wire screens with 2-mm

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opening combined with a low approach velocity. This design prevents any impingement impacts to adult fish. Thus, a program to sample adult fish is not proposed at this time. The data will be collected between April 1999 and September 1999 corresponding with peak spawning activities.

Ichthyoplankton samples will be taken at two or three location in Gowanus Bay twice every month (bimonthly) in duplicate. Samples will either be pumped or collected by towing a 0.5 meter diameter plankton net fitted with calibrated flow meters. A 505- micron mesh net will be used for quantitative determinations of fish eggs and fish larvae. Plankton tows will be of sufficient duration to maintain 85% filtration efficiency. Filtration volumes for each tow will be determined with a calibrated flowmeter (e.g., General Oceanics) mounted in the net mouth or by tracking the pumping time.

Gowanus Bay is relatively deep with channels of greater than 30 feet extending to the head of the Bay (Figure 5). Therefore, a series of step oblique tows (e.g., bottom, mid- water, and surface) will be taken to assure samples are representative of the entire water column. The net will initially be lowered to the maximum sampling depth for one-third duration of the tow, at mid-depth for one-third duration of the tow, and near the surface for the remaining one-third duration of the tow. If a pump is used, the sampling hose will be lowered to the maximum sampling depth for one third of the pump time, at mid-depth for one third of the pump time, and near the surface for the remaining one third of the pump time.

Samples will be preserved and returned to the laboratory for analysis. Laboratory analysis of the ichthyoplankton will include counts and identification of eggs, larvae, and juveniles. Eggs and young will be identified to the lowest practicable taxon and stage of development. The following classifications will be used:

Eggs: • Viable - eggs in good condition, probably living prior to preservation.

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• Dead - eggs opaque, damaged, or infected with fungus, probably dead before preservation. • Case - empty egg case or chorion, of which more than half remains intact. Larvae: • Pre-flexion larvae - specimens that have hatched and have not completed the upward migration of the urostyle, without caudal fin development. • Post-flexion larvae - specimens that have completed the upward migration of the urostyle leading to formation of the caudal fin. Juveniles: • Specimens in which the approximate adult number of fin rays have developed in all fins.

3.2.1.3 Impact Assessment

The results of the field program in combination with existing data will be used to assess the impacts of the Facility construction and operation on Gowanus Bay. This assessment will include the impacts associated with entrainment of ichthyoplankton, the dredging for installation of the discharge pipe, the discharge on water quality, and the presence of the barge platform itself.

Entrainment Ichthyoplankton that are free floating or have limited swimming ability and are small enough to pass through the intake screen mesh openings will be entrained and exposed to in-plant processes resulting in mortality. The magnitude of this impact will be evaluated by a quantitative estimate. The basic equation for estimating the number offish eggs and larvae that would be entrained (Et) is:

Et = (Cp)(Qp)(t)(m) (1)

Where: Cp = population densities per 100 m3 in the intake water. Qp = plant design flow.

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t = time period m = estimated mortality of ichthyoplankton due to entrainment.

The estimated total population of ichthyoplankton entrained and killed over the year can be calculated by using the trapezoid rule to estimate the area (T) under the annual plot of population densities entrained and killed [(Cp) (t) (m)]. T has the unit, No.-days/100m3. T is converted to No.-days/m and substituted into equation (1) which becomes:

Eyr = (T)(Qp.yr) (2)

Where:

Eyr = Total number of ichthyoplankton lost to entrainment per year. Qp-yr= Total plant flow for the year.

The annual entrainment estimates (Eyr) will be assessed using the equivalent adult approach (Goodyear 1978, Horst 1979). In computing equivalent adult loss, the number of eggs spawned is multiplied by successive survival rates through hatching, post larvae, young-of-the-year, yearlings, and so on until reproductive age is reached. The resultant number is equivalent to the number of adults the eggs would have produced. Numbers of equivalent adults that would have survived from larvae and young-of-the-year are calculated similarly. For each taxa of ichthyoplankton, the equivalent number of adults lost to entramment is then compared to some reference such as the commercial harvest and/or an estimate of the population in the area.

Dredging An estimate of the number and taxa of organisms disturbed by the dredging operation will be determined. This estimate will be based on the final discharge pipeline route and the estimated number per unit area of organisms present in the pipeline footprint. The density and taxa of organisms in the footprint will be determined from the field sampling program.

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Other issues associated with dredging include disposal of dredge spoils, a temporary increase in turbidity; and the release to the water column of any chemicals that may be in the sediments. The design evaluation will review the sediment chemistry data to determine if there are any issues related to dredge spoil disposal or if mitigation (i.e. silt curtains) will be needed during dredging.

Water Quality Compliance The evaluation will use various near and far field models (CORMIX, ECOM) to determine the thermal mixing characteristics of various discharge designs and locations under varying ambient and operational conditions. The goal will be to refine the design and location of the discharge to demonstrate compliance with NYS general thermal discharge criteria and special criteria for estuaries. As suggested by NYSDEC, the engineering design will attempt to minimize intake flow through high cross condenser temperature rise while still meeting temperature criteria (E. Radle, 1999).

Data to be used in the modeling includes: • Bathymetry and temperature-salinity profiles taken during the field program; • Existing information on tidal range and currents; • The results of a flushing study conducted in the Gowanus canal (HydroQual 1993), and; The estimated worst-case maximum water temperature of 78.10F based upon a 1- day duration and a 10-year return period as calculated for the Brooklyn Navy Yard Basin (EA Engineering, 1995).

In addition, the evaluation will use the water quality and water chemistry data collected to assess the conditions in the bay and to determine if there are any other water quality issues. One possible issue may be the low dissolved oxygen level in the bay. The need for an aeration system to maintain adequate oxygen levels in the heated water discharge will be determined as part of the analysis.

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Best Technology Available Demonstration Under New York State regulations (6 NYCR 704.5) the location, design, construction, and capacity of cooling water intake structures, in connection with point sources thermal discharge, shall reflect best technology available (BTA) for minimizing adverse environmental impacts. NYSDEC has expressed a strong preference for closed-cycle cooling as BTA for power plant cooling. The engineering evaluation of the Facility will provide an alternative analysis and feasibility study of various cooling systems. Included in this analysis will be wet and dry cooling towers, as well as alternative sources of cooling water such as "brown water" from waste treatment facilities.

The proposed design is a wedge wire screen intake system. The field data will be used to develop design criteria such as intake rate and velocities, and mesh size. In addition, some intake alternatives will be analyzed including traveling screens and fine mesh screens. Several maintenance alternatives such as air burst, hot water backwashing, chlorine and other biocides treatment, and physical cleaning will be evaluated.

3.2.2 Air Quality

This section presents the air quality licensing issues associated with the proposed Facility. It discusses the regulatory framework for review and approval of the Facility including the applicable federal, state, and local requirements, and provides a description of the analytical methodologies and databases for demonstrating compliance with those requirements.

3.2.2.1 Regulatory Framework

The proposed Facility will potentially emit one or more regulated air pollutants that may exceed "major source" criteria. As such, the Facility will be subject to pre-construction new source review under the federal Prevention of Significant Deterioration (PSD) Regulation (40 CFR 52.21) and the state Non-Attainment New Source Review (NANSR)

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Regulation (6 NYCRR, Subpart 231-2)1. The Facility will comply with the requirements and procedures for major new source review permitting in New York State, as outlined in NYSDEC Air Guide 12: Review of Major Sources.

A facility permit application for the Facility will also be required. This will contain all necessary information for NYSDEC to generate a draft Title V permit in accordance with 6 NYCRR, Subpart 201, and when approved, will authorize both construction and operation in accordance with all applicable state and federal requirements. Pursuant to 6 NYCRR Subpart 201-6.4, the NYSDEC will make the draft permit available for review by all "affected" states (i.e.. New Jersey, Pennsylvania, and Connecticut).

Demonstration of compliance with all applicable PSD, NANSR, and other state and local requirements will support the Siting Board's issuance of a Certificate of Environmental Compatibility and Public Need. Following construction of the Facility, a state operating permit issued pursuant to Title V of the CAA Amendments of 1990 and regulated under 6 NYCRR Subpart 201-6, will be obtained. This permit will consolidate all Facility design and operating requirements of the Siting Board Certificate.

Prevention of Significant Deterioration The PSD program in New York State is the administration of the federal rule by direct delegation from the U.S. EPA. A new facility that is among 28-EPA listed source categories in 40 CFR 52.21, that has potential 'major' emissions (i.e., 100 tpy or greater) of any PSD-regulated pollutant, and that is located in an area not classified by EPA as "non-attainment" of the National Ambient Air Quality Standard (NAAQS) for that pollutant, is subject to PSD review. Such a facility is thereby also subject to PSD review for all other applicable pollutants potentially emitted in "significant" annual quantities, as defined in the PSD Regulation. The proposed combustion turbine combined-cycle Facility is considered by EPA to be a listed source, as a "fossil fuel-fired steam electric plant of more than 250 million British thermal units per hour heat input".

1 A proposed revision of 6 NYCRR Subpart 231 is currently out for public comment. This is intended to clarify and simplify requirements to facilitate implementation, and provide conformance with the Subpart.

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Other than ozone (O3) and carbon monoxide (CO), all NAAQS criteria pollutants are designated as "attainment" or "unclassified" in Brooklyn.

It is anticipated that the Facility will be a major source of oxides of nitrogen (NOx), potentially triggering PSD review for sulfur dioxide (SO2), and particulate matter of 10 microns or less (PMio), in addition to nitrogen dioxide (NO2, as NOx). Emissions of other PSD-regulated pollutants, such as lead (Pb) and certain other trace constituents, will also be evaluated to determine their PSD review applicability.

Under the PSD regulation, it must be demonstrated that the Facility will incorporate "best available control technology" (BACT), maintain compliance with the NAAQS, comply with PSD Class II air quality increment limitations, and result in no unacceptable impact on soils, vegetation, and visibility. These issues are discussed below. (Analysis of the impact of a proposed PSD-subject source on the air quahty related values (AQRV) within any PSD Class I Area within 100 km of the source is also required; however, no such Class I Area exists within this distance from the Facility. The Brigantine Division of the Edwin B. Forsythe National Wildlife Area in New Jersey, some 140 km south of the Facility site, is the nearest Class I Area.)

Best Available Control Technology The PSD regulation requires that for each pollutant potentially emitted by a PSD-subject facility in excess of its defined significance value, BACT must be demonstrated for each unit emitting that pollutant. Best available control technology must be determined according to specific EPA guideline "top-down" methodology, prescribed in the EPA New Source Review Workshop Manual (10/90). This takes into account the environmental, economic, and energy consumption impacts of various technologically and economically feasible control alternatives. Evaluation of these alternatives is objectively performed in the order of descending emissions control efficiency to determine on a subjective, case-by-case basis the maximum degree of reduction for each

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pollutant achievable for such source through application of available control methods, systems, and techniques.

A BACT demonstration for the Facility will be performed for each applicable pollutant proposed to be emitted in excess of significant quantities, such as SO2, PM10, and NO2. The EPA RACT/BACT/LAER Clearinghouse database will be utilized to identify the selected BACT for recently permitted combustion turbine installations. The analyses used to support such determinations considered applicable for evaluating the BACT for the Facility will be obtained.

NAAQS Maintenance It must be demonstrated that the proposed PSD-subject facility will not cause or significantly contribute to any contravention of the NAAQS. It is anticipated that such demonstration in support of the Facility will be required for SO2, PM10, and NO2. It must also be exhibited that the Facility will not cause a significant impact on the New York County PM10 non-attainment area.

These compliance analyses will be performed using NYSDEC-recommended EPA guideline dispersion models and modeling methodologies. The technical guidance for the Facility NAAQS compliance demonstration will be the NYSDECAir Guide 26: NYSDEC Guidelines on Modeling Procedures for Source Impact Analysis (Revised 12/9/96), and Air Guide 36: Emission Inventory Development for Cumulative Air Quality Impacts Analysis (6/10/95). Each of these guidelines was developed consistent with the EPA New Source Review Workshop Manual (10/90), and the EPA Guidelines on Air Quality Models (Revised), as incorporated in Appendix W of 40 CFR 51. (See Section 3.2.2.2.)

PSD Increment Compliance It must be demonstrated for the proposed PSD-subject facility that it will not consume any PSD ambient air quality increment for SO2, PM10, and NO2 in excess of allowable baseline limits. Similarly to NAAQS compliance, this will be demonstrated with respect

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to the Facility based on dispersion modeling methodologies as prescribed in Air Guides 26 and 36.

Additional Impacts It must be also be demonstrated that the Facility emissions of each applicable PSD pollutant will not have an unacceptable impact on soils, vegetation, and visibility impairment. Likewise, an assessment of the impacts of emissions on these features from any anticipated secondary industrial, commercial, and residential growth associated with the proposed Facility will also be conducted. The analyses will be performed in accordance with methods prescribed in the EPA New Source Review Workshop Manual (10/90). (See Section 3.2.2.2.)

New Source NOD-Attainment Review In areas classified as non-attainment of the NAAQS for a given pollutant, the NANSR (rather than PSD) permitting requirements of 6 NYCRR Subpart 231-2 are applicable to major new emission sources of that pollutant. Brooklyn (Kings County), New York is designated as "severe non-attainment" for ozone (O3), and "moderate non-attainment" for carbon monoxide (CO).

Major new sources of VOC and NOx in a severe O3 non-attainment area are required to demonstrate "lowest achievable emission rate" (LAER) for control of VOC and NOx, the regulated pollutant emission precursors of ambient O3. In addition, emission offsets must be obtained from other existing sources of VOC and NOx.

Major new sources of CO in a moderate non-attainment area are also subject to LAER control and emission offsets requirements, as well as demonstrating "net air quality benefit". The NYSDEC, however, exempts otherwise subject sources from these requirements, if potential CO emissions are below 100 tons per year (tpy), and the ambient air quality impact is insignificant.

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VOCandNOv

Since the proposed Facility will have the potential to emit 25 tpy or more of NOx, LAER control will be required. For any given source, LAER is defined as the more stringent of the following criteria:

• The most stringent emission limitation contained in any state implementation plan for the subject class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or • The most stringent emission limitation which is achieved in practice.

A demonstration for the Facility will be made to establish the proposed form of NOx control as LAER. Similarly, assuming VOC emissions will total 25 tpy or greater, a LAER demonstration will be made for VOC. The EPA RACT/BACT/LAER Clearinghouse database will be queried to identify the approved LAER and supporting justification for recently permitted combustion turbine installations. Other information sources (e.g., state agency permit files) will also be reviewed to identify applicable case information to be incorporated into the LAER analysis. This analysis will entail a "top- down" approach akin to the BACT demonstration, but will be based on the above LAER criteria. It must be shown that any methods of potentially greater control than the proposed LAER are not appropriate or have not been adequately demonstrated.

Emission offsets for the potential annual NOx (and VOC, if applicable) emissions of the Facility will be acquired at the ratio of 1.3:1 (i.e., 1.3 tpy offset for every ton per year of potential Facility emissions). These offsets, identified as NYSDEC-certified emission reduction credits (ERC), will be secured in conformance with 6 NYCRR Subpart 231-2 and the NYSDEC Air Guide 26 Appendix D, Interpretation of Subpart 231-2 Provisions on Emission Offset Source Location and Net Air Quality Benefit Analysis (Revised 12/9/96).

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Subpart 231-2 of 6 NYCRR additionally requires an analysis of alternative sites, sizes, production processes, and environmental control techniques will be performed which demonstrates that benefits of the proposed Facility outweigh the environmental and social costs imposed as a result of its location and construction in New York State.

Carbon Monoxide Potential emissions of CO from the Facility are expected to be greater than 50 tpy, but may be less than 100 tpy. Accordingly, the Facility would request exemption from the applicability of NANSR under the condition provided in 6 NYCRR Subpart 231-2.16. This would be supported with a demonstration that the Facility will not cause the significant impact criteria for CO defined in 6 NYCRR Subpart 231-2.14 to be exceeded. Otherwise, pursuant to 6 NYCRR Subpart 231-2, if potential CO emissions exceed 100 tpy, LAER will be demonstrated, emissions offsets at a ratio of 1:1 will be acquired, and a net air quality benefit modeling analysis will be performed for the Facility in accordance with NYSDEC guidance in Air Guide 26, Appendix D.

Other Regulatory Requirements Other impact analysis requirements will also be imposed under local, state, and federal laws, regulations, and policies that are outside of the PSD and NANSR permitting processes. Several such issues are described below.

New Source Performance Standards Federal New Source Performance Standards (NSPS) promulgated for combustion turbines under 40 CFR 60, Subpart GG, provide emission rate limits as well as emissions testing, monitoring, and data handling requirements for the Facility. The PSD and NANSR BACT and LAER requirements will result in substantially more stringent emission limits, however.

State Emission Limits The sulfur content of the fuel is limited under 6 NYCRR, Subpart 225-1.2. The Facility is subject to the limit of 0.20 % sulfur content designated for distillate oil in New York

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City. It is anticipated, however, that 0.05 % sulfur distillate oil will be utilized by the Facility.

The particulate emissions for a stationary combustion installation firing oil, and with maximum heat input exceeding 250 MMBtu/hr, such as the Facility, is limited by 6 NYCCRR Subpart 227-1.2 to 0.10 Ibs/MMBtu heat input. The PSD BACT requirement will result in a more stringent limitation.

Subpart 211.3 of 6 NYCRR will limit the opacity of Facility stack emissions to not greater than 20 % (6-minute average), except for one 6-minute period per hour of not greater than 57 %. Opacity is also regulated by 6 NYCRR, Subpart 227-1.3, which will limit the opacity to less than 40 % (i.e., Ringelmann No. 2) for any time period, and 20 % (Ringelmann No. 1) for a period of three or more minutes in any continuous period). (It should also be noted that NYSDEC has proposed a revision to 227-1.3 that would limit the opacity to not greater than 20 % (6-minute average), except for one 6-minute period per hour of not greater than 27 %.)

State Reasonably Available Control Technology Requirements Pursuant to 6 NYCRR Subpart 227-2, "reasonably available control technology" (RACT)

requirements have been imposed on all existing stationary sources of NOx. While the Facility will be subject to the much more stringent LAER control measures, subsequent

phases of NOx emission reduction measures federally mandated under the CAA Amendments of 1990 are being promugated by NYSDEC that will affect the Facility.

Pursuant to 6 NYCRR Subpart 227-3, a NOx emissions budget and allowance program has been established as a mechanism to reduce NOx emissions from "budget" sources during a defined "control period" of May 1 through September 30 of each year prior to 2003. This program is promulgated to fulfill the New York State's commitment to implement the "Phase 2" NOx emissions reductions as outlined in the September 27, 1994 Ozone Transport Commission (OTC) NOx Memorandum of Understanding. ('Phase 3" requirements will be promulgated for the 2003 control period forward.)

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As a proposed new "electric generating device with a rated output equal to or greater than 15 megawatts", the Facility will be a "new budget source" subject to the applicable

requirements of this program. As such, the Facility may not emit NOx in excess of the number of allowances in its "compliance account", which must be established in the national NOx Allowance Tracking System (NATS). Allowances are available for purchase on an open-market basis (similar to SO2 allowances according to the acid rain provisions in Title IV of the CAA). The Facility may also request NYSDEC to reserve a quantity of NOx "allowances" from the Department New Budget Source Holding Account. The Facility will require a total number of allowances equaling the number of tons of NOx to be emitted during each control period. An authorized account representative will manage the Facility's allowance program, including allowance transfers, certification, and reporting.

A continuous emissions monitoring system (CEMS) for NOx, including prior NYSDEC approval of a monitoring plan with data recording and reporting requirements, must be implemented prior to the beginning of Facility operation. The NOx data are reported to

the NOx Emissions Tracking System (NETS).

State Ambient Air Quality Limits Under 6 NYCRR, Subpart 257, the NYSDEC has promulgated ambient air quality standards (AAQS) for the NAAQS criteria pollutants, as well as certain other contaminants. It will be necessary to demonstrate through air quality dispersion modeling that the Facility will comply with all applicable ambient limits for the criteria pollutants, as well as for potentially emitted trace constituents such as fluorides, beryllium, and hydrogen sulfide.

In addition, the Facility air quality impact of other non-criteria pollutants will be evaluated for compliance with health risk criteria, upon request of the New York State Department of Health (NYSDOH).

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Acid Rain Since the Facility will be an electric generator of greater than 25 MW, and producing its electricity for sale, the Facility combustion turbines will be "affected units" subject to applicable requirements pursuant to Title IV of the CAA Amendments of 1990. A key requirement is that SO2 allowances must be purchased commensurate with the annual number of tons emitted. Also, continuous measurement and recording of SO2, as well as NOx and CO2 (for which CEMS will be implemented and administered, per 40 CFR 75) must be conducted and regularly reported to the EPA. Compliance with these requirements will be enforced through the issuance of a Title IV Acid Rain Permit by NYSDEC.

The Environmental Conservation Law, Article 19, Title 9 (pursuant to the State Acid Deposition Control Act) will require that the Facility's contribution of sulfate and nitrate deposition on each of eighteen sensitive New York, nearby state, and Canadian receptors be estimated. Procedures implemented by NYSDEC for quantifying proposed sources' relative contributions to the total acidic deposition will be utilized. This is provided in the NYSDEC guidance memorandum Source Specific Acidic Deposition Impacts for Permit Applications (L Sedefian to IAM Staff; 3/4/93).

Risk Management Program Accident and risk management regulations (40 CFR 68) pursuant to Title III of the CAA Amendments of 1990, Section 112r, require a subject facility to develop a risk management program (RMP). The RMP requirement is triggered for each regulated toxic and flammable substance present onsite in greater quantity than its specified regulatory threshold. Each regulated toxic substance anticipated to be present at the Facility will be accounted for and quantified with respect to its respective threshold.

The facility design may accommodate a dedicated aqueous NH3 storage tank for each combustion turbine, minimizing any consequence of accidental releases. If technically feasible, the Facility design and maintenance plan will ensure that the risk of potential

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impacts on the public is de minimis, triggering no more than minimal requirements under 40 CFR 68.

New York State Department of Environmental Protection (NYCDEP-) Requirements Local permitting and regulatory issues are subsumed in the Article X review process. Title 15 RCNY, Chapters 2 and 9 require that owners of gas- and oil-burning installations acquire a Certificate of Operation from the NYCDEP Bureau of Air Resources. The Facility will comply with all applicable NYCDEP requirements found in 15 RCNY Chapter 2 and 9. Informal consultation has been initiated with NYCDEP, and arrangements are being made to begin formal consultation on the project. Ongoing discussions with the NYCDEP Bureau of Air Resources will ensure that all necessary and applicable standards are met.

Title 15 RCNY, Chapter 41 requires a responsible party involved in the processing, storage, handling or use of regulated toxic substances to participate in a detailed facility reporting program with NYCDEP. Due to the NOx control technology required by LAER under NANSR, the Facility may be subject to Chapter 41 requirements for aqueous ammonia (NH3). (See also Risk Management Program supra.) SEF will consult with NYCDEP, NYSDEC and DPS to develop a reporting regimen to comply with NYCDEP's facility inventory reporting program.

3.2.2.2 Air Quality Modeling Analysis

Plant Emissions Design Considerations The emissions of the two combustion turbines will be served by two stacks approximately 125 ft in height, or greater. The Facility stacks will be sufficiently high to meet all applicable regulatory limitations on ambient air quality, including avoidance of aerodynamic plume cavitation by adjacent structures. The conceptual design drawings provided in show the two stacks located immediately adjacent to one another. This degree of proximity (i.e., less than one exit diameter) is expected to justify a "merged plume" assumption for dispersion modeling purposes, and a request to EPA will be made for formal approval.

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While the stacks will be designed sufficiently high to meet ambient limits, they will be less than the "good engineering practice" (GEP) stack height (nominally 213 ft). The aesthetic, structural and other bases for the non-GEP height must be justified to NYSDEC.

In addition to the generating efficiency intrinsic to the combustion turbine, chief

emissions mitigation design measures are the incorporation of SCR for NOx, a CO catalyst, and state-of-the-art combustion control. The Facility will be primarily fueled with inherently low-polluting natural gas, with limited backup fuel usage of 0.05 % S distillate oil. The Facility combustion turbines will operate in the 100 - 75 % load range.

The design emissions of the Facility backup diesel generator will be included in all applicable modeling demonstrations required for the facility.

Modeling Methodology In order to demonstrate compliance by the Facility with all applicable ambient air quality requirements for new source review as outlined in NYSDEC Air Guide 12, the dispersion modeling methods will conform to the NYSDEC guidance provided in Air Guides 26 and 36.

Models The EPA guideline models SCREEN3 and ISCST3, as referenced in Air Guide 26, will be employed. The SCREEN3 impact screening model will be used to ascertain the Facility plant load which corresponds to maximum impacts; to identify interactive modeling sources using the procedure recommended in Air Guide 36; and for conducting the ISCST3 vs. VALLEY algorithm comparison of impacts for complex terrain receptors.

The ISCST3 model will be used for the refined modeling (all terrain, elevated "flagpole" sensitive receptors) of the Facility interactively with the non-Facility "nearby" sources, as defined in Air Guides 26 and 36, for NAAQS and PSD increment compliance demonstrations.

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The EPA model SHORTZ, also referenced in Air Guide 26, would be an acceptable complex terrain model if the ISC3 vs. VALLEY SCREENS comparison were inconclusive.

The clearly urban setting of the Facility Site dictates that all modeling will be performed invoking the urban mode of dispersion coefficients in each model.

Facility Operating Load for Modeling All interactive source air quality impact modeling must be performed assuming that the Facility turbines are operating at the particular load condition that has been demonstrated to result in maximum impacts. In accordance with Air Guide 26, if such maximum impact load condition (as determined by comparison of impacts predicted for the 75 to 100% operating range) does not correspond to 100% load, the interactive analysis will be performed for the maximum load scenario and additionally for 100% load.

"Nearby" Interactive Sources Identification of "nearby" interactive modeling sources and the determination of their appropriate modeling input operating conditions will be accomplished according to the NYSDEC methodology detailed in Air Guides 26 and 36. This procedure will rely on the NYSDEC electronic source inventory database to identify candidate major sources within the "source inventory screening area" radius of the Facility, defined as the "significant impact area" (SIA) plus 50 km. Specifically, this will identify 1.) all candidate sources for potential inclusion in the NAAQS compliance modeling analysis; and 2.) all PSD increment-affecting sources to be included in the PSD increment compliance modeling analysis. All such data obtained for representing the "nearby" modeling sources will be subjected to a careful quality assurance process consistent with the Air Guide requirements, including field verification visits to facilities as necessary.

The NYSDEC recommended "GRAD/D2 screening procedure, described in Air Guide 36 for eliminating certain of the candidate NAAQS emission sources of relatively little influence, will be employed for the NAAQS (and AAQS) compliance analysis.

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Meteorology As per the Air Guide 26 requirements for offsite meteorological data, five (5) years of the most recent National Weather Service (NWS) observations available from the National Climatic Data Center will be used for the refined modeling analyses. The NWS data source most representative of the Facility impact area (e.g., surface observations: Newark International Airport, or La Guardia Airport; and upper air observations: Atlantic City NJ, Brookhaven NY) will be selected. The 5-year data period of record that is proposed must receive the approval of the NYSDEC and EPA.

Terrain By and large, the terrain elevation within several kilometers of the Facility Site is defined as "simple" (i.e., less than Facility stack height). The most prominent localized area of "complex" terrain (i.e., greater than stack height) is the Greenwood Cemetery, rising to over 200 ft above mean sea level.

In complex terrain areas, the use of SCREENS is acceptable to NYSDEC for demonstrating that the ISCST3 algorithm produces higher impacts than the VALLEY (urban mode) algorithm, thereby expediently eliminating the complex terrain modeling issue, unless the terrain is above the plume height predicted by the VALLEY algorithm. If such terrain were above the plume height, then a more refined complex terrain model (e.g., SHORTZ) would need to be employed.

Receptors For the refined modeling analyses, polar grids of ground-level receptors will be defined (by coordinate and elevation) centered on the Facility and also centered on other prominent emissions sources required to be modeled within the Facility SIA. In determining with added precision the impact maxima and 2nd maxima for comparison to regulatory ambient limitations, refined 100 meter mesh receptor grids will be used, as required by NYSDEC in Air Guide 26.

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The NYSDEC also requires that sensitive "flagpole" receptors within 2 km of the proposed emissions source be identified and modeled. The NYSDEC has stated that the "flagpole" receptors are subject to the same ambient compliance analysis (e.g., NAAQS, AAQS) as the ground-level receptors. For PSD increment compliance, however, only ground-level receptors need be considered, according to EPA policy.

Background Air Quality Database There is a considerable multi-year air quality database available from NYSDEC and New Jersey Department of Environmental Protection (NJDEP) monitoring stations which are located within several miles of the Facility Site. These data will represent the background air quality within the Facility SIA. It is anticipated that a comprehensive NAAQS compliance analysis (which entails the need for such representative background data, in addition to the interactive modeling with nearby major sources) will be required for both PMio and SOj. Within less than 4 km from the Facility Site, there are two PM10 monitoring stations and one SO2 monitoring station.

Modeling Demonstrations The several modeling analyses that will be required to demonstrate that the Facility will comply with all applicable federal and state regulatory ambient air quality limitations are identified as follows:

Significant Impact Areas (SIA) Refined modeling will be performed to determine the maximum distance from the Facility at which a significant air quality impact (as defined in Air Guide 36 for PSD Class II areas) is predicted to result from the Facility emission sources. This determination must be made for SO2, PM10, and NO2. It is expected that a SIA of about 4 km or less in radius will be predicted for SO2 and PM10, and that no SIA (i.e., insignificant impacts) will be predicted for NO2. For pollutants predicted to result in a SIA, subsequent ambient air quality compliance analyses (e.g., NAAQS) must include the "nearby" non-Facility sources interactively modeled with the Facility.

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Pre-Construction PSD Pollutant Monitoring Exemption Refined modeling will be performed to determine which PSD-regulated pollutants are exempt from the PSD regulation's ambient air quality monitoring requirements tinder 40 CFR 52.21, paragraphs (i)(8) and (m).

It is anticipated that the Facility impacts of all PSD-regulated pollutants, with the exceptions of SO2 and PM10, will be less than their respective de minimis (i.e., exemption) thresholds. Use of the considerable available database from the existing SO2 and PM10 data monitoring stations located in the Facility site region will be justified based on the EPA Monitoring Ambient Guidelines for Prevention of Significant Deterioration (5/87).

PSD Increment Compliance: In accordance with Air Guides 26 and 36 methodology, the air quality impact of the Facility will be modeled interactively with the other existing and proposed PSD pennit (i.e., increment-affecting) sources located within the source inventory screening area (i.e., SIA + 50 km). This refined modeling analysis must demonstrate that, with the proposed addition of the Facility, the maximum allowable increases over ambient baseline concentrations (i.e., the PSD Class II increments, per 40 CFR 52.21(c)) will not be exceeded.

Air Guide 36 indicates that the PSD minor source baseline dates have been established for the three increment pollutants (i.e., SO2, PM10, and NO2). For each increment pollutant for which a Facility SIA is predicted, the PSD pennit sources (such as are listed in Air Guide 36 Attachment 5), as well as other "nearby" increment-affecting sources determined in conjunction with the NYSDEC electronic database inventory will be identified. Modeling input source parameter data representing these sources will be determined and quality-assured per the Air Guide 36 procedure for inclusion in the interactive modeling analysis to demonstrate compliance with increment consumption limitations.

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It is anticipated that an interactive source modeling analysis will be required to demonstrate PSD increment compliance for SO2 and PMIQ. Such an analysis may not be required for NO2, since it is expected that Facility impacts on ambient NO2 will be shown as insignificant.

Currently, the NYSDEC policy to limit increment consumption proposed by an applicant source to 75 % of the short-term and 25 % of the annual available increments is under review. Unless the policy is eliminated prior to submittal of the permit application, the Facility will demonstrate compliance with these limitations.

NAAOS ("and AAOS) Compliance In accordance with Air Guides 26 and 36 methodology, refined interactive source modeling will be required to demonstrate that the proposed Facility does not cause or significantly contribute to a contravention of the NAAQS (or AAQS) for subject pollutants. Subject pollutants are those emitted by the Facility in potentially significant quantity and for which a SIA is predicted.

It is anticipated that an interactive source modeling analysis will be required to demonstrate NAAQS compliance for SO2 and PM10 only. (Until further notice, the EPA considers PM10 to be a surrogate for the new NAAQS for PM2.5). The Facility NO2 air quality impacts are expected to be insignificant. Joint impacts of the Facility with the interactively modeled "nearby" sources (as identified according to the Air Guide 36 methodology) will then be combined with representative, background air quality levels derived from the monitoring database; then, comparison will be made to the NAAQS to determine compliance.

In conjunction with the NAAQS compliance analysis, refined modeling will be performed to also demonstrate that the Facility will result in an insignificant ambient air quality impact of PM10 on the New York County (i.e., Manhattan) non-attainment area.

It will also be necessary to demonstrate compliance with other New York State AAQS pollutants not covered by the NAAQS, such as beryllium, fluorides, and hydrogen

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sulfide. The potential Facility emissions of these pollutants will be modeled and maximum impacts will be compared to their respective AAQS.

NANSR Modeling for CO Modeling will be performed to demonstrate that the ambient air quality impact of CO is less than the NYSDEC-defined significance levels; and thus, if the Facility's potential CO emissions are less than 100 tpy, the Facility will be exempt from NANSR for CO, per 6 NYCRR 231-2.16. Otherwise, a net air quality benefit analysis will be performed in accordance with the Air Guide 26 Appendix D methodology, which entails the refined modeling of the Facility emissions jointly with the emission decreases of the source(s) from which the CO offsets are acquired.

Non-Criteria Toxic Pollutants The NYSDOH will require a refined modeling analysis of the SEP air quality impacts of certain non-criteria pollutants, including toxic air pollutants not regulated by the NYSDEC. It must be demonstrated that the Facility emission of such pollutants does not result in unacceptable human exposure and health risk.

Pollutants to be addressed include such compounds as ammonia (stemming from the SCR ammonia slip), formaldehyde and other trace products of natural gas and distillate oil combustion, and trace metals contained in the fuel. Emission factors will be provided by the combustion turbine supplier, and available emissions database inventories such as the EPA AP-42 Compilation of Air Pollution Emission Factors. The Facility stack emissions of these pollutants will be modeled, and the resulting maximum impacts will be evaluated for compliance with established health-based benchmarks.

The Short-term Guideline Concentrations (i.e., SGC's) listed in the NYSDEC Air Guide 1: Guidelines for the Control of Toxic Ambient Air Contaminants, Appendix C, are acceptable to NYSDOH as human exposure limits for comparing with the short-term (e.g., 1-hour) maximum Facility impacts. Typically, the SGC's are based on occupational exposure limits.

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On the other hand, the NYSDOH will require the maximum predicted annual maximum Facility impacts to be compared to health risk-based air concentration criteria. These risk- based criteria values will be adopted from recognized databases such as EPA's Integrated Risk Information System (IRIS), Health Effects Assessment Summary Tables (HEAST), and the U.S. Center for Disease Control's Toxic Substances and Disease Registry.

3.2.3 Noise

Projects Acoustical Emissions Criteria Since no federal or New York State regulations cover noise emissions from stationary industrial sources, the projects noise criteria will be developed in conjunction with the New York City Department of Environmental Protection (NYCDEP). The NYCDEP has guidelines that limits the amount of noise emissions from the stationary industrial source based on the type of receptor located nearby and the distance to the receptor. The criteria will explain what descriptor to vise, how long the measurement period will last, whether a detailed assessment is needed, whether the limitation is for the future plant only or for the combination of the future plant and the current background noise levels, and what is the allowable noise level.

Ambient Background Noise Levels An ambient, background noise survey will be conducted at approved measurement receptor locations, in order to define the existing noise levels located around the project site, in accordance with ANSI Standard 1.13:1986. Typically, an acoustical survey will consist of gathering noise data at the chosen receptors during specific daytime and nighttime hours, during weekday and weekend time periods, and during summer and winter seasons. Field notes will be kept and included in the report, describing the steady-state and transient sounds heard during the survey. In addition to the noise data collected, weather information, traffic counts (when appropriate), and photos of the receptor location will be included.

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Methodology of the Acoustical Model The acoustical model conservatively estimates the noise emission levels during standard operating conditions, by extrapolating sound power levels of the major noise-producing equipment over a distance to obtain the sound pressure level at a particular receptor. Site and plan drawings will be used to locate the major noise-producing equipment and estimate the distances from the noise sources to the receptors. Noise data will be gathered for the major noise-producing equipment data, and interpolated into sound power levels for each major piece of equipment. If noise data is not available, the assumptions used to estimate a sound power level will be documented. By summing the individual sound pressure levels at the boundary receptors, the acoustical model would estimate the future noise emissions from the plant. A tolerance of three decibels is prudent when estimating future noise emission due to the variances in noise levels that individual equipment can yield. Therefore, the emissions would not be considered to be in compliance with the standards until they achieved this degree of tolerance.

Comparison of Overall Future Noise Emissions to the Project Criteria The future noise emissions will be added to the current ambient noise level (measured during the acoustical survey) to yield the estimated future noise level at a particular receptor once the plant is fully operational. The overall future noise level will then be compared to the project's criteria. If the overall future noise level exceeds the criteria, the particular equipment(s) causing the excessive noise level will be identified and possible mitigation methods will be suggested. After the ambient noise survey has been conducted and the acoustical modeling has been completed, a report will be issued documenting the data collected during the noise survey and summarizing the results of the acoustical model. The noise report will include acoustical mitigation recommendations and a protocol for monitoring noise emissions during plant operation.

3.2.4 Geology and Soils

Since the majority of the Facility is located on a barge, the impact to geology and soils is negligible. The only land-based disturbance will be associated with the tie-ins to utilities

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for gas, electrical interconnection, water, and sewer. In all cases, the installation will be located in an industrialized area. All overburden material that would be encountered during the construction of the land-based components of the facility is expected to be fill material.

Geologic and soil information will be compiled from available literature sources such as Soil Conservation Service, U. S. Geological Survey, and the New York State Geological Survey. The literature information will be supplemented by site-specific information generated by the field investigation. In addition to the Article X Application, the data generated by the geotechnical investigation will be used as input to the conceptual/final engineering design and permit applications. The anticipated scope of the geotechnical site investigation may include the following:

• Borings in the footprint of the barge area to define subsurface conditions and parameters for foundation design of the moorings and connection with the pier bulkhead. The depth of the borings will be determined as conceptual design progresses. • Land based borings for the installation of the natural gas gate station and to determine the routing of gas connector pipeline between the gate station and the existing fuel supply pipeline. • Land based borings at the Gowanus substation for the installation of new swithchyard equipment. • Borings along the proposed routing of the cooling water pipeline to define subsurface conditions relative to installation requirements and placement methodologies in order to mitigate any adverse environmental impacts. • Environmental samples of the subsurface materials will be obtained during the geotechnical investigation and laboratory analyzed to characterize the hazardous nature materials, if any. This data will be used to define the construction-related waste handling requirements of the Facility and for permit applications.

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3.2.5 Seismicity

Site-specific seismic data will be developed prior to conceptual engineering. Available literature sources will be obtained and reviewed relative to historic seismic activity in the vicinity of the Facility. Some of the sources that will be investigated for documentation are the following: • U. S. Geological Survey • U.S. Geological Survey - National Earthquake Information Center • New York State Geological Survey • National Center for Earthquake Engineering Research

The more stringent of either the federal or local building codes addressing seismic design criteria will be utilized in the Facility design.

3.2.6 Terrestrial Ecology

As noted previously, the Facility is a barge mounted platform with land-based interconnections for the natural gas fuel supply pipeline and for the electrical distribution system. The interconnect locations on land are in, and historically have been, heavily industrialized areas. Consequently, the Facility is expected to have a negligible impact on the various aspects of terrestrial ecology as follows: • Wildlife - The industrialized urban nature of the land interconnects precludes the presence of indigenous wildlife. The Facility will not impact wildlife. • Vegetation - For similar reasons to wildlife, the Facility will not impact any existing vegetation. • Ground Water - Ground water resources will not be used by any aspect of the Facility either during construction or during operation. Since the Facility will be remotely constructed, there will be no need for stormwater controls at the site during construction. The Project will have no impact on ground water resources.

3-39 Sunset Energy Facility Aprils, 1999 Article X Pre-Application

• Wetlands - Jurisdictional wetlands are not expected at the land-based interconnects. The area to be disturbed by the Facility will be delineated in accordance to NYSDEC and USCOE protocol to ensure that no wetlands are present. If necessary, mitigation measures will be implemented to avoid impacts to wetlands.

3.2.7 Threatened and Endangered Species

The U. S. Fish and Wildlife Service, the National Marine Fisheries Service, and the New York National Heritage Program will be consulted to determine if threatened and endangered species have been previously documented as known to occur or potentially occurring in the area of the Facility site. If a species or habitat may be present at the site, a site inspection by ground and/or marine surveys will be performed in coordination with the applicable agency personnel to identify their presence. A mitigation plan, if required, will then be developed in consultation with the agency. Because the Facility site has historically been heavily industrialized, the site is unlikely to provide quality habitat for any threatened and endangered species.

3.2.8 Land Use

The site for the Facility is adjacent to the 22nd Street Pier in Brooklyn. The site and surrounding area has been zoned "M-3", for industrial use only. The assessment of potential impacts on land will take into consideration existing land uses, comprehensive development plans such as the proposed Port Redevelopment Plan, and other proposed commercial, industrial, or residential developments affected by the Facility. Based upon current information and the existing industrial use of the site, the proposed Facility should not significantly affect existing or future land use patterns. Land use and ownership patterns within the regional, municipal, and immediate area will be identified from existing land use maps and most recent aerial photography. These data will be supplemented and confirmed by field inspection and by consulting with community and City government officials regarding plans for the area.

3-40 Sunset Energy Facility Aprils, 1999 Article X Pre-Application

of the site near an existing power plant complex and the level of industrialization in the Facility site vicinity.

3.2.11 Socioeconomics

Projects similar to the Facility typically impact the social and economic environment of an area during the construction as well as during the operational phase of the project. Impacts due to construction are shorter term, but to a greater extent, than the impacts due to operation. This is primarily due to the influx of required personnel. Construction of the Facility may require upwards of 50 individuals for the installation of the gas supply and electrical interconnects, whereas the operation of the facility may require approximately 30 full-time individuals. While the influx of personnel during the construction phase significantly stimulates the local economy, this work phase tends to severely burden existing infrastructure and services such as housing, schools, hospitals, police, and fire protection. Since the Facility will be constructed remote from the site, the area will not experience the impacts, either adverse or positive, of the construction phase of the Facility. The socioeconomic impacts due to the operation phase of the Facility are more permanent in nature and tend to be gradual in their effect.

The socioeconomic impact of the proposed Facility will be primarily associated with new jobs, the resulting payrolls, tax revenues, and other expenditures created by the Facility. Predictably, the Facility will result in a direct and indirect stimulus of the economy. The socioeconomic aspects of the study scope will be compiled from published information from the U. S. Bureau of Census, planning agencies, and appropriate regional, city, and local entities. The study will define the baseline conditions within the Facility for the following: • Population • Economic Distribution • Employment • Housing • Municipal Fiscal Revenues

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• Public Facilities and Services

This data will be used to establish the basis for evaluating the socioeconomic impacts on the population, economy, and infrastructure of the Facility. In order to estimate the anticipated socioeconomic impacts, employment levels and project expenditures for payroll, goods, services, materials, and taxes will be developed for the Facility. Based upon the data developed for the existing socioeconomic environment and the projections of the Facility needs, impacts will be identified and appropriate mitigation measures will be developed, if required.

3.2.12 Transportation

The off-site construction of the Facility alleviates the impact that an area would typically experience on the existing transportation networks due to the influx of construction workers, materials, supplies, construction equipment, and components of the Facility. The construction related impact on transportation systems is generally considerably greater than the impact created by Facility operations due to the greater number of vehicles accessing the site during the construction phase. The Facility will employ approximately 30 full-time individuals during operations in shifts with a maximum staffing on site of approximately 15 individuals. The traffic associated with personnel staffing during the operational phase of the facility is not expected to impact the transportation networks in the vicinity of the Facility.

The distillate fuel that will be a backup fuel source may be delivered to the site by either tanker truck or by barge. Projections of operational transportation needs will focus on the transport options of the distillate fuel and the impacts these movements might have on ground transportation and on local marine traffic. These projections will identify how the fuel transport will move to and from the site, number of trips to the site, and seasonal periods of peak activity. This requires an estimation of the frequency of deliveries (truck or barge), routings, navigational support, and safety considerations. Where transportation networks are found to be deficient, enhancement measures will be proposed which may include off-peak scheduling of deliveries, improvement of existing roadways, installation

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3.2.9 Recreation

Recreational opportunities within the immediate vicinity of the site are limited by lie highly industrialized character (whether operational or abandoned) of the area. There is no recreational use of the land-based components of the Facility. The only potential recreational use associated with the site is the use of Gowanus Bay for fishing. Available information will be obtained and submitted relative to the average number of users and peak use times, if applicable.

The Facility is expected to have a minimal impact on recreational activities in the vicinity of the site. The cooling water discharge will meet all water quality standards and will have a minimal impact on recreational activities in the bay.

Since the Facility will be constructed on the barge remote to the site, there will not be an influx of construction trade personnel that typically burden the nearby recreational resources for the duration of the construction activity. Similarly, the Facility will employ approximately 30 full-time individuals. The presence of the facility will not result in a significant influx of individuals for either construction or operation that would place a burden on any of the recreational activities of the general Facility area.

3.2.10 Aesthetics

Figure 6 provides a preliminary three-dimensional rendering of the Facility from one view. A thorough assessment of the potential visual impact of the proposed Facility will be prepared based on the estimated view-shed of the proposed Facility and an inventory of visually sensitive resources within the estimated view-shed. Visually sensitive resources are defined as identifiable sites where visual attractiveness is a recognized consideration and include recreational resources, historic sites, public use facilities, and residential uses. These resources are designated by NYSDEC as Scenic Area of Statewide Significance (SASS). The Facility is not located within a SASS area.

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Typically, a worst-case view-shed is constructed based on topography only; however, in a highly urbanized area such as that surrounding the proposed Facility site, the view-shed will be effectively limited by intervening development. Accordingly, the view-shed for the proposed Facility will be based on the proposed plant stack (the most visually prominent feature) taking into consideration the height of the adjacent facilities and the surrounding development. The estimated view-shed map will be verified through field review. Within the view-shed, visually sensitive resources will be identified based on a review of mapped sources, records of cultural resources, and field reconnaissance. Visually sensitive resources will be identified on a map depicting the estimated view- shed and listed in tabular form. The type of view from each resource toward the proposed Facility (i.e., full or partial) will be determined and the potential aesthetic impact will be presented based upon the facts listed above. The potential visual impact of the proposed facility will be depicted in a computer-generated, photo-simulation of the proposed Facility. The profile and appearance of the Facility are similar to and are expected to visually conform to other industrial facilities and miscellaneous functional structures in the vicinity of the Facility site.

In addition, the aesthetic evaluation includes the construction and operation phase of the Facility. Because the Facility will be constructed at a remote location, placed on barges, and floated to the site in essentially a completed package of facility components, the view-shed analysis of construction activities will be negligible.

Visibility alone, however, does not give rise to an adverse aesthetic impact. Other factors, such as viewer context, the visual absorption capacity of the surrounding landscape, and the activities of potential viewers are important in establishing the proposed Facility as a significant visual point of interest. These factors will be especially important in evaluating the aesthetic impact of the proposed Facility given the highly industrial nature of the proposed project site and the surrounding area, including the adjacent warehouses, buildings, and the Brooklyn waterfront. In this context, the potential visual impact of the proposed Facility is expected to be very limited and insignificant considering the location

3-42 Sunset Energy Facility Aprils, 1999 Article X Pre-Application

of additional navigation support structures, or coordination with the Port authorities on the scheduling of fuel deliveries.

In addition, the Facility will replace an existing ship currently moored at the Sunset Industrial Park pier. Figure 7 shows the ship and the existing site conditions. The ship receives regular deliveries of concrete via transfer from other ships, stores the concrete until it is loaded into trucks for delivery to various locations. The current operation creates a higher volume of truck traffic in the surrounding neighborhoods than the Facility when it is in operation. The Facility will result in a net reduction in truck traffic in the local area.

3.2.13 Cultural Resources

A screening of the study area, consisting of an archaeological survey and a historic architectural inventory, will be conducted to document cultural resources within the Facility's area of potential effect. The purpose of these activities is to: 1) identify known archaeological sites, if any, in the Facility area; 2) identify areas of archaeological sensitivity (i.e., high, medium, and low); and 3) identify historic architectural resources over 50 years of age.

Execution of this program will comply with the following: • Section 101 (b)(4) of the National Environmental Policy Act of 1969; • Section 106 of the National Historic Preservation Act; 23 CFR 771, Final Rule of August 28,1987; 36 CFR Part 66; • Amended Procedures for the Protection of Historic and Cultural Properties as set forth in 36 CFR Part 800, September 2, 1986; and the • NYS Department of State Coastal Management Program (CMP), Policy 23 on Historic and Scenic Resources.

The proposed screening study will include background research, a surface reconnaissance of the Facility area, and an inventory of buildings over 50 years of age within the study area. Background research will determine if recorded archaeological sites are present in

3-45 Sunset Energy Facility Aprils, 1999 Article X Pre-Application

the Facility area and will yield data sufficient to determine the likelihood that additional unknown archaeological sites are also present in the Facility area. This background research will also provide information for constructing prehistoric and historic contexts necessary for evaluating the significance and eligibility of any archaeological sites in the project area; the historic context would also be necessary for evaluating the significance and eligibility of any historic architectural resources in the study area. Repositories that will be contacted or visited for information on cultural resources will include, but not be limited to: the New York Public Library; the New York City Landmarks Preservation Commission; the New York State Museum; and the Office of Parks, Recreation and Historic Preservation. In addition, the cultural resource specialists conducting this work will meet the qualifications specified in 36 CFR 66.3 (b) (2).

Since the Facility area setting is an urban environment, the background study will focus primarily on historic cartographic data. This is expected to provide the best sources of information regarding the character of the Facility area and the physical changes and sequences of development that have occurred in and adjacent to the corridor over time. Cartographic data will be supplemented with secondary information drawn from local and county histories, cultural resource survey reports, city and business directories, newspaper clippings, and other pertinent sources. This information will be used in developing contexts for evaluating the significance of any archaeological sites within the Facility area in terms of National Register Criteria and to place the Facility area in proper perspective with regard to the development of Brooklyn. Together, these various information sources would also provide, if necessary, the principal baseline data for any subsequent archival or field investigations of archaeological sites in the Facility area.

Fieldwork conducted as part of this screening study will include a surface reconnaissance of the Facility area. The purpose of the reconnaissance will be to examine surface conditions within the study area, to document levels of disturbance, and to verify levels of archaeological sensitivity based on background research. Areas of archaeological sensitivity, if present, will be noted on maps of the project area; general project area conditions will be photo-documented. The historic architectural inventory will consist of

3-46 Sunset Energy Facility Aprils. 1999 Article X Pre-Application

a visual inspection of all buildings/structures over 50 years of age located within the Facility's area of potential effect, with the objective of identifying those resources that may be potentially eligible to the National Register of Historic Places. All inventoried resources will be identified on maps of the project area and photo-documented. Following the completion of fieldwork, a report will be prepared documenting the results of the cultural resource study. This document will provide the information necessary for consideration in the development of alternative schemes.

3.2.14 Public Safety

The emissions to the environment in solid, liquid and gaseous form will be summarized in detail. Potential emissions from chemical spills, oil storage, aqueous ammonia use, and other activities need to be specified in addition to the major air and water emissions described in detail and analyzed in other technical sections. The handling and offsite disposal of hazardous wastes generated as a result of construction and operation will also be addressed.

Accident and risk management regulations (40 CFR 68) pursuant to title III of the CAA amendments of 1990, Section 112r, require a subject facility to develop a risk management program (RMP). The RMP requirement is triggered for each regulated toxic, flammable, and explosive substance present onsite in greater quantity than its specified regulated threshold. Any such regulated substance anticipated to be present at the Facility will be accounted for and quantified with respect to its respective threshold. (See Risk Management Program in Section 3.2.2.1.)

A spill prevention report will be prepared and maintained for preventing and responding to potential spills, releases, and accidents at the Facility. This report will be properly indexed, logically organized, and on file on the Facility premises at all times. The report will be updated at least annually, or whenever a substantial modification is made, or if a significant release occurs.

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3.3 Cumulative Impacts

Cumulative impacts could occur when the effects from the proposed Facility are superimposed on or combined with effects from the past, present, or reasonably foreseeable future projects within the area potentially affected by the proposed Facility. Although the impacts of individual projects might be minor, the additive or synergistic effects of all projects could be significant. It is generally accepted that the cumulative impact results only from the construction and operation of other projects in the same vicinity and timeframe as the one proposed. The Facility site area, while heavily industrialized, has industries that are currently shut down on a permanent or temporary basis. The restarting of these industries could have a significant effect on the air and water quality of the site area when combined with the proposed Facility. Also, new industries could be located on abandoned or unused sites in proximity to the proposed Facility location.

Cumulative impact analysis will focus on the potential for significant environmental impacts that result from the combined operation of existing, potentially rehabilitated, and/or proposed industrial or commercial activities in the vicinity of the Facility site.

3.4 Evaluation of Alternatives

A range of alternatives has been evaluated as the basis for selecting the preferred Facility concept and technologies. The process that resulted in the selection of the Gowanus Bay site will be documented in detail. Alternatives to the proposed Facility that will be discussed include: • No Action Altemative - The environmental impact review process will address the consequences of not constructing the proposed Facility. • Energy Alternatives - The advantages and disadvantages of natural gas relative to other fuel sources such as oil, coal, and other readily available fuels will be analyzed. The analysis will identify and compare the potential impacts associated with utilizing fuels other than natural gas.

3-48 Sunset Energy Facility April 5,1999 Article X Pre-Application

• Energy Conservation - The environmental impact review process will describe the effect of conservation, load management, and demand-side management programs on the short-term and long-term demand for energy in the New York City metropolitan area and the ability of such measures to affect the need for additional generating capacity. • Technology Alternatives - The advantages and disadvantages of operating combustion turbines in combined cycles relative to other types of technology reasonably available will be described. • Site Alternatives - The environmental review process will discuss the selection of the Gowanus Bay site from the range of alternative sites considered for the Facility. • Alternative Site Layouts and Design - The environmental review process will describe alternative configurations for the facilities within the selected site juid alternative design technologies, and methods for mitigating water and air pollution and other environmental impacts associated with the Facility.

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Sunset Energy'Facility Aprils. 1999 Article X Pre-Application

4.0 Public Involvement Program

The public involvement activities completed to date include sharing preliminary information to explain the project, answer questions and establish communication with stakeholders before the project is widely announced. However, the Public Involvement Program will continue throughout project development, and will likely continue after the project commences operation. The public involvement program is designed in accordance with Article X regulations and PSC guidelines.

The overall Public Involvement Program for this project will maintain the following goals: 1. Identify interested / potentially affected stakeholders. 2. Provide accurate, helpful and clear information that communicates project information to identified stakeholders. 3. Elicit meaningful input from interested parties and use it to improve the project where applicable. 4. Be responsive to all inquiries and comments. 5. Foster ongoing communication and participation from interested parties. 6. Use appropriate communication methods to augment the Public Involvement Program throughout the project. 7. Document the outreach activities and public involvement.

4.1 Outreach Measures Prior to Public Announcement of Project

During the month of January 1999, representatives of SEP met with staff at the Department of Public Service to exchange comments about the process of introducing the project to the interested and affected public. Thereafter, SEP representatives began one- on-one preliminary information briefings to a short list of government officials and public agencies to establish the types and extent of the project regulatory issues, concerns, and comments. Meetings included the following topics: • Project description, • Site,

4-1 Sunset Energy Facility April5. 1999 Article X P re-Application

Need for Project, Description of services to be provided by the new facility, Deregulation, price competition, and electric demand, Zoning, Utility connections, Process that will be followed (i.e.. Article X), and Methods for expanding the PIP to include direct public meetings.

The following parties were given preliminary briefings during January, February, and March, 1999: Department of Public Service (Albany, NY) Department of State - Coastal Zone Management (Albany, NY) Brooklyn Borough President's Office (Brooklyn, NY) Council Member Angel Rodriguez and Staff (Brooklyn, NY) Community Board #7 District Manager (Brooklyn, NY) New York City Department of Environmental Protection (Queens, NY) Congresswoman Nydia Velasquez' staff (Brooklyn, NY) State Senator Martin Connor's staff (Manhattan, NY) Richard Miller, V. P., NYC Economic Development Corporation (New York, NY) Department of City Planning (New York, NY) NYS Department of Environmental Conservation, Region 2 (Queens, NY) State Assembly Member Felix Ortiz (Brooklyn, NY) Congressman Jerrold Nadler (New York, NY) Brooklyn Union Gas Company Consolidated Edison Company of New York Port Authority of NYand NJ Staff

4-2 Sunset Energy Facility April 5. 1999 Article X Pre-Application

The initial questions from the above-named parties were either answered at the presentations, after SEF staff briefly explained the project, or they will be answered as design and analysis proceed and further information becomes available.

SEF considered presentation of preliminary information to local officials prior to SEF's public announcement to be important in order to avoid surprising any of these important stakeholders. SEF has been told there is a willingness, on the part of local officials, to provide their input to SEF. SEF has assured all stakeholders contacted to date that there will be continuing coordination with their offices.

In the near future, follow-up preliminary meetings (some of which have been requested) will be held with the Brooklyn Borough President's Office and Community Board #7. SEF will contact the President of NYC Economic Development Corporation and NYC Department of Environmental Protection, among others, to arrange further briefings.

An extensive mailing list of over 230 individuals, media, and organizations has been developed and will be maintained and updated throughout project development.

4.2 Public Announcement of the Project

By press release on March 18, 1999, SEF notified state and local government officials, public agencies, environmental groups, civic organizations, community boards and media, including industry publications, of the SEF project. The press release offers a contact for obtaining further information. Attached as Appendix D is a copy of the press release.

4.3 Activities Following the Public Announcement of the Project

During the months of April and May 1999, SEF will give a presentation to important constituent groups including the Brooklyn Borough President and staff. Community Board #7's NYC Charter Section 197-a Committee, and Brooklyn business associations.

4-3 Sunset Energy Facility Aprils. 1999 Article X Pre-Application

By mid-May, project information in the form of project Fact Sheet #1 will be distributed. The Fact Sheet will include additional project information, upcoming milestones, and explain opportunities for public involvement.

Beginning in March and continuing for the next several months, interviews will be sought with industry media and local newspaper reporters to reach a larger audience, including local residents, business owners and the energy industry. SEF will be available for additional meetings to explain the Project, and will so advise the public.

During the months of June through October 1999, SEF will continue the process of outreach, participating in a Project Outreach Committee under the auspices of either. Community Board #7 or the Brooklyn Borough President's Office. The venue will be selected in consultation with the Brooklyn Borough President and Community Board #7. Continuing coordination with city and state government agencies will also occur on a regular basis.

In coordination with local elected officials, SEF will host small meetings near the project site to acquaint local citizens with plans to develop the project and provide an opportunity to meet the SEF team. Announcement of these meetings, if they are deemed to be useful by the community, will be made through mailed invitations, press release, door-to-door flyer distribution, and through information left at key public locations (including Sunset Park Public Library). Paid advertisement in local newspapers will also be used. At these meetings, renderings, detailed maps and preliminary environmental assessment data will be made available, as well as copies of all public information materials. Visitors will be asked to sign an attendance sheet and will be added to the mailing list. Written, telephone or e-mail comments will be encouraged. The small meetings may be at the offices of Community Board #7, the South Brooklyn Local Development Corporation, or Sunset Industrial Park, all of which are nearby the Facility site.

As mentioned above, a Project Outreach Committee will be a primary source of information exchange, operating in close cooperation with the Brooklyn Borough

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President's Office and Community Board #7. The Committee will engage interested residents, public officials, civic and environmental representatives, and businesspersons from the local community in a dialogue about the Facility's development. The Committee will offer a forum for suggestions about the Facility and public outreach efforts. The Committee will be involved throughout the duration of Facility development and may continue to meet after project operations begin.

Government and regulatory coordination will be crucial. Close communication with agencies which have interlacing jurisdictions or responsibilities has begun. Such coordination will continue. Some government representatives (i.e., NYS Department Public Service, NYSDEC, and NYCDEP) may want to participate in local Project Information Committee meetings. Among the important government regulatory agencies with which SEF will maintain close coordination are: NYSDPS NYCDEP NYCEDC NYCDOT NYSDEC NYCDCP NYS Department of State NYSDOH NYSDOT

As utilities with a direct, interconnect relationship with the project, KeySpan (Brooklyn Union) and Con Edison will also be kept regularly informed about project activities.

4.4 On-Going Activities

Throughout the public outreach program, a program of documentation will be maintained. Meetings, follow-up issues, telephone calls, and correspondence will be logged and monitored in SEF's filing system. Documentation items include:

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• Meeting documentation: issues raised, persons present, handouts presented, follow-up issues to be addressed. (Sample of contact report included in Appendix E). • Follow-Up Issues Record: issues to be followed up by SEF staff, designation of appropriate team member to follow each issue to closure. (Sample follow- up matrix included in Appendix E). • Phone/Mail Logs: Telephone calls, facsimiles e-mail and mailed correspondence will be logged and distributed to team members. (Sample Phone, Fax and Mail correspondence log included in Appendix E).

Because of the importance of public involvement in project development, SEF has made its PIP a prominent component of this project.

4-6 m 1 APPENDIX A

SUNSET ENERGY FACILITY

ARTICLE X FRAMEWORK

Because the Facility's generating capacity will exceed 80 MW, it will be a "major electric generating facility within the meaning of Section 160 of the New York Public Service Law ("PSL"). Accordingly, construction and operation of the Facility will require a Certificate of Environmental Compatibility and Public Need pursuant to Article X of the PSL.

Article X establishes a comprehensive process for balancing environmental concerns and public need that subsumes and replaces all other State and local permitting and licensing procedures that would otherwise apply, including the State and City Environmental Quality Review Acts. All otherwise applicable State issued permits, licenses and approvals and all City permits are, in effect, issued by the New York State Board on Electric Generation Siting and the Environment (the "Siting Board") rather than by the individual State and City agencies. The only State approvals and permits that are administered outside of Article X are those administered pursuant to federally delegated authority where such authority has not been delegated to the Siting Board. Even in those cases, SEF expects that the Article X process will be the focal point for review of the proposed facility by State and local agencies.

The Siting Board is comprised of the heads of the Public Service Commission and the Departments of Environmental Conservation, Health and Economic Development plus two members appointed by the Governor from among the residents of the local community. Careful technical review of the application is assured by the active participation of the staffs from these agencies.

lof3 Although the siting process supersedes the other State and City permitting processes and procedures, the process provides for wide participation by all pertinent State and local agencies, community groups and interested members of the public and provides numerous opportunity for input on all relevant issues. In this case, it is expected that the NYC Department of Environmental Protection as well as other City agencies will play an active role. One goal of this process is to ensure the Facility's compliance with the substantive requirements of all State and local laws. (The Siting Board may override local laws, but only where it determines compliance would be unreasonably restrictive. At this point, SEF has not identified any local laws for which it would seek the Siting Board to exercise its override authority.)

The process also includes active public involvement and outreach programs and requires that applicants provide a fund to defray costs incurred by interested parties (subject to Siting Board approval) in reviewing the impacts of the project.

This Pre-Application Report represents the first step in the formal consultation process under Article X. The statute contemplates, but does not compel, that prior to filing an application an intended applicant first consult with staffs of the Departments of Public Service, Environmental Conservation and Health in order to reach agreement on the program of studies to be conducted to support the application. This Pre-Application Report is SEF's proposal to the agency staffs and other interested parties in this regard. It is SEF's expectation that over the next few months, it will enter into a series of stipulations with agency staffs and others concerning the studies and the contents of the application.

Once the application is filed (with copies served on all interested parties and notice published in appropriate newspapers) the State agencies have sixty days to review it for completeness. Following the completeness determination, a presiding hearing examiner is appointed from the Department of Public Service and an associate hearing examiner is appointed from the Department of Environmental Conservation. The Siting Board has

2 of 3 one year to conclude its review and public hearing process. At that time, the Siting Board will determine whether SEF has demonstrated that the proposed facility satisfies the tests set forth in subdivision 2 of Section 168 of the PSL concerning: public need; the nature of probable environmental and public health impacts, if any; the minimization of such impacts, if any; compliance with State and local laws; and that the Facility will be in the public interest. The scope and extent of hearings and the formality of the procedures used by the Siting Board in such hearings will be dictated by the type and extent of contested issues that must be resolved prior to the Siting Board taking final action.

3 of 3 B

APPENDIX B

SUNSET ENERGY FACILITY

PRELIMINARY LIST OF POTENTIAL MAJOR PERMITS AND APPROVALS

The following is a preliminary list of potential environmental permits and approvals required for the Sunset Energy Facility. Note that the final selected design (e.g. the exact configuration for the cooling system) may lead to a modification of this list, and does not preclude the possible inclusion of other permits/approvals.

AGENCY PERMIT/APPROVAL AGENCY ACTION

FEDERAL

U. S Environmental Protection Prevention of Significant Conduct best available control technology (BACT) analysis, Agency (EPA) Deterioration (CAA) and incremental air quality and ambient air quality impact assessments for source power plant (Administered by NYDEC; EPA review approval); 40 CFR 52.21 National Pollutant Discharge Approval of cooling water intake and discharge (316 (a) and Elimination System (CWA) (b) demonstrations); 40 CFR 122. Federal Aviation Administration Notification of Proposed Notification must be provided for any construction activities (FAA) Construction Possibly affecting which may impact on navigable air space (stack height) Navigable Air Space U. S. Army Corps of Engineers Section 404 (CWA) Approval of pier construction (mooring dolphins) and (USCOE) discharge of dredged material or fill; 33 CFR 323. Section 10 (Rivers and Harbors Act) Permit for placement of structures in or affecting navigable waters (cooling water discharge); 33 CFR 322.

U. S. Coast Guard (USCG) Letter of Intent Captain of the Port issues letter of recommendation to operator and develops operations plan at sea ports; 33 CFR 127.007-.009.

> lof5 APPENDIX B

SUNSET ENERGY FACILITY PRELIMINARY LIST OF POTENTIAL MAJOR PERMITS AND APPROVALS AGENCY PERMIT/APPROVAL AGENCY ACTION

U. S. Coast Guard (USCG) Permission to Establish Aids to Notification and approval to establish any navigational aids Navigation associated with the pier and/or tanker terminal; 33 CFR 66. Spill Prevention and Control Plan to responding to oil spills; 33 CFR 155.1010. Response Plan U. S. Fish and Wildlife Service Section 7 Consultation of Endangered Provide biological opinion on species of wildlife and plants (USFWS) Species Act that are federally listed; 7 CFR 1940. National Marine Fisheries Service Section 7 Consultation of Endangered Provide biological opinion on species of wildlife and plants (NMFS) Species Act that are federally listed; 7 CFR 1940. Advisory Council on Historic National Historic Preservation Act Provide comments on all project features that effect cultural Preservation resources that are either listed or eligible for listing on the National Register of Historic Places; 36 CFR 60.

NEW YORK STATE

Department of Public Service Article X Certificate of Siting approval; Application to the NYS board on Electric (NYSDPS) Environmental Compatibility and Generator Siting and the Environment. Encompasses Public Need application, adjudicatory hearing and decision processes; 16 NYCRR 1000.7. Department of Environmental Non-Attainment New Source Review Imposes LAER control technology, emission offset and Conservation (NYSDEC) requirements on proposed source power plant; 6 NYCRR 231. Water Quality Certificate Required for all Federal permits related to water quality; 6 NYCRR 608.

2 of 5 APPENDIX B

SUNSET ENERGY FACILITY

PRELIMINARY LIST OF POTENTIAL MAJOR PERMITS AND APPROVALS

AGENCY PERMIT/APPROVAL AGENCY ACTION

Department of Environmental SPDES Stormwater Permit for Permit is required for discharge of collected runoff water for Conservation (cont'd) Industrial Activities (CWA) construction sites larger than five acres; 6 NYCRR Chap. X, Art. 3. Spill Prevention, Containment, and Plan for responding to spills to prevent significant and Contingency Control Plan (CWA) substantial threat to the environment; 6 NYCRR 610. Coastal Erosion Hazard Area Applicability to be determined; 6 NYCRR 505.

Protection of Waters Required for dredging in navigable waters and construction of docks and moorings; 6 NYCRR 608. State Historic Preservation Act Coordinated with the National Historic Preservation Act; 9 NYCRR 426. Hazardous Substances and Petroleum 6 NYCRR 596. Bulk Storage Title V Facility operating permit comprising all required terms and conditions of permits/approvals contained in or issued under the Article X Certificate (Permit obtained after approval of the Article X Certificate); 6 NYCRR 201. Department of State Coastal Consistency Determination Determination of consistency with the designated uses of the coastal zone; 19 NYCRR 600.

3 of 5 APPENDIX B

SUNSET ENERGY FACILITY

PRELIMINARY LIST OF POTENTIAL MAJOR PERMITS AND APPROVALS AGENCY PERMIT/APPROVAL AGENCY ACTION

NEW YORK CITY AND LOCAL

Landmarks Preservation Historical Impact Title 63, NYC Rules. Commission City Planning Land Use - Street Opening Title 62, NYC Rules, Chap. 2.

Zoning Title 62 NYC Rules, Chap. 6.

Local Waterfront Revitalization Plan

Department of Environmental Sewer Connection (sanitary Title 15 NYC Rules, Chap. 19. Protection discharge)

Noise

Facility Inventory Form (Community Applicability to be determined; Right-to-Know) Title 15, NYC Rules, Chap. 41.

Department of Transportation Street Access

^P 4 of 5 ^P

AMI mM wmi MH mum mmm MBMI mtm MHtt Mt^t mmm g^mg ^m^ P• •w•ii m^i^^i WBB WiMai ^ ^ ^ ^ ^ . l > APPENDIX B

SUNSET ENERGY FACILITY

PRELIMINARY LIST OF POTENTIAL MAJOR PERMITS AND APPROVALS AGENCY PERMIT/APPROVAL AGENCY ACTION

Economic Development Corporation

Note: The Siting Board has the ability to override certain local restrictions and requirements (e.g., variances) if the Board deems them unreasonably restrictive. Local requirements will be addressed in Article X proceedings.

5 of 5 APPENDIX C

SUNSET ENERGY FACTT JTY

LIST OF ACRONYMS

AAQS Ambient Air Quality Standards AQRV Air Quality Related Value BACT Best Available Control Technology BTA Best technology Available BOD biological oxygen demand BNYB Brooklyn Navy Yard Basin CAA Clean Air Act CEM continuous emission monitor CEQ Council on Environmental Quality CFR Code of Federal Regulations CMP Coastal Management Program CNR Modified Composite Noise Rating I# CO carbon monoxide COM continuous opacity monitor CWA Clean Water Act DMR Discharge Monitoring Report EPA Environmental Protection Agency ERC Emission Reduction Credit FAA Federal Aviation Administration FEMA Federal Emergency Management Agency FERC Federal Energy Regulatory Commission gpm gallons per minute GFT Gowanus Flushing Tunnel HRSG heat recovery steam generator ISC Interstate Sanitation Commission Km kilometer KV kilovolts t*• ^ LAER Lowest Achievable Emission Rate Mcf million cubic feet mg/1 milligrams per liter MMBtu million British thermal units MW megawatts NAAQS National Ambient Air Quality Standard NANSR Non-Attainment New Source Review NEPA National Environmental Policy Act NETS NOx Emissions Tracking System NG natural gas NH3 ammonia NMFS National Marine Fisheries Service NOx nitrogen oxides

lof2 NPDES National Pollutant Discharge Elimination System NSPS New Source Performance Standards NYCDEP New York City Department of Environmental Protection NYCEDC New York City Economic Development Corporation NYCDOT New York City Department of Transportation NYCDCP New York City Department of City Planning NYFS New York Facilities System NYS New York State NYSCMP New York State Coastal Management Program NYSDEC New York State DeparLment of Environmental Conservation NYSDOH New York State Department of Health NYSDOT New York State Department of Transportation NYSDPS New York State Department of Public Service O3 ozone Pb lead PCB polychlorinated biphenyl PIP Public Involvement Program

PM particulate matter • | PM,o particulate matter less than 10 microns ppt parts per thousand PSC Public Service Commission PSD Prevention of Significant Deterioration RACT Reasonably Available Control Technology RMP Risk Management Program S sulfur SASS Scenic Area of Statewide Significance SEF SUNSET ENERGY FLEET LLC SCR selective catalytic reduction scf standard cubic feet scfm standard cubic feet per minute SHPO State Historic Preservation Office SIA Significant Impact Area SO2 sulfur dioxide •| SPDES State Pollutant Discharge Elimination System SWPPP Storm Water Pollution Prevention Plan tpy tons per year USCG United States Coast Guard USCOE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service voc volatile organic compound

2 of 2

APPENDIX D

SUNSET ENERGY FACILITY

SEE PRESS RELEASE PRESS RELEASE

SUNSET ENERGY FLEET LLC

FOR IMMEDIATE RELEASE: Contact: AMREP Solutions, Inc.

Thursday, March 18,1999 Tel.: (212)705-4784

NEW ELECTRIC GENERATION FACILITY ANNOIJNrFrp

SUNSET ENERGY FLEET LLC ("SEP) today announced the development of a 520 megawatt

electric generating fecflhy to be located in Sunset Park, Brooklyn. The SEF facility, to be built

on barges, will be located and permanently moored in an industrial-zoned area on Brooklyn's

waterfront at the intersection of 20th Street and Third Avenue, west of the Gowanus Expressway.

The SEF facility will generate enough electricity to power over 500,000 households.

The SEF facility is being devdoped in accordance with new state and federal initiatives designed

to encourage competition in the energy market Power produced by the £acitity will be sold into !• newly deregulated, competitive markets. The capital required to build the facility and the

ongoing operation of the fiualhy wilt be the responsibility of SEF and will not be underwritten by

utility ratepayers.

(more) Jerry Montrose, Chairman and CEO of SEF ENERGY INC, the managing member of SEF. said:

"The projected power shortage in New York City, the departure of Con Edison from the market, and a public poUcy supporting competitive generation of electric power combine to create a dear need for ftcilities such as this one. Consumers wfll benefit from this development because we will be providing lower-cost, cleaner power in an area in need of new power resources."

The SEF fedlhy will be located in an area designated by the state as a "load pocket,** which is a geographic area that, as a result of transmission constraints, requires that electricity be generated within that area to ensure that consumer demands are met. New York State has adopted a policy of encouraging the development of power plants within load pockets to guarantee that all residents can benefit from a functioning, reliable, competitive supply market.

Instead of being constructed on land as is typically done, the SEF fecflhy will be housed on permanently secured barges. The SEF facility will be constructed in a U.S. shipyard and floated to hs permanent location in Brooklyn. Only minimal on-site construction will be necessary to connect to the existing power grid and to make other utility connections. •i The SEF facility will bring a number of benefits to the community and New York City. The electricity produced will be less costly than that presently being provided in the area. In addition, this facility will increase the reliability of the electrical power system throughout New York City

(more) by reducing the City's dependence on out-of-city supply sources, and adding new, in-city, locally-

generated capacity. Further, the use of natural gas as the primary fuel and the use of state-of-the-

art equipment will result in power that is efficient and clean. The electricity generated by SEF will

displace power currently generated by older, inefficient power plants and will result in

significantly decreased air pollution. To develop the facility, SEF has assembled a highly qualified

engineering, permitting and project management team led by Raytheon Engineers & Constructors,

Inc., an internationally known and respected engineer - constructor of power projects.

Construction and operation of the new facility are contingent upon receiving several federal and

state permits and certifications, including a State Certificate of Environmental Compatibility and

Public Need from the Board on Electric Generation Siting and the Environment. The Board's

procedures require full review by various state agencies and provide for full participation by

members of the public, local community and government officials.

"We are looking forward to participating in the new regulatoiy process for siting merchant

generating plants, including working with business and community leaders toward the success of

this project," added Mr. Montrose.

# For more information, contact SEF's representative, AMREP Solutions, Inc. at: (212) 705-4784.

(end)

APPENDIX E

SUNSET ENERGY FACILITY

PUBLIC INVOLVEMENT PROGRAM DOCUMENTATION

•• SUNSET ENERGY FLEET LLC WRITTEN or FAXED CORRESPONDENCE LOG

Date: Time:

TO: FROM: Organization: Tel. Number: ( ) Tel. No.: ( ) Fax No.: ( ) Address: Address:

(PLEASE ATTACH COPY OF WRITTEN or FAXED CORRESPONDENCE) SUBJECT:

FOLLOW-UP REQUIRED:

#

Person to Follow-Up Target Date for Follow-Up_

cc: Jerry Montrose / Jim Hall Handled By: John Dax Randy Dickinson i Ray Levin File SUNSET ENERGY FLEET LLC FOLLOW-UP ISSUES LOG

Date of Contact Tvoe of Contact Foilow-Up Requested Bv Issue to be Followed Assiqned FOIIOW-UD Date Complete

• SUNSET ENERGY FLEET LLC MEETING CONTACT REPORT

Date:

OFFICE/INDIVIDUAL CONTACTED:

DATE OF MEETING:

SUBJECT:

TIME & LOCATION:

ATTENDEES:

Introduction & Discussion

!# Stated Comments & Requests. If Any

Follow-Up Required. If Any

Attachments-yes/no SUNSET ENERGY FLEET LLC TELEPHONE CONVERSATION LOG

Date: Time:

CALL TO: CALL FROM: Organization: Tel. Number: ( ) Tel. No.: { ) Fax No.: ( ) Address: Address:

SUBJECT:

FOLLOW-UP REQUIRED:

#

Person to Follow-Up_ _Target Date for Follow-Up_ cc: Jerry Montrose / Jim Hall Handled By: John Dax Randy Dickinson Ray Levin File # APPENDIX F

SUNSET ENERGY FACILITY

LIST OF INTERESTED PARTIES

!• 1 Mayor Rudolph W. Giuliani Governor George Pataki City Hall 633 Third Avenue | New Yoik, NY 10007 New York, NY 10017 & Agencies

1 Ms. Cynthia Cooper Hon. Eliot Spitzer Hon. Charles A. Gargano, Commissioner 1 NYS Public Service Commission Attorney General Empire State Development Corporation 3 Empire State Plaza New York State Attorney General's 633 Third Avenue • Albany, NY 12773.1350 Office, The Capitol New York, NY 10017 Albany, NY 12224 Hon. Bemadette Castro, Commissioner Hon. F. William Valentino Hon. William R Howell, Chairman 1 NYS Office of Parks, Recreation and President, New York State Energy New York State Energy Research & | Historic PreservationEmpire State Plaza, Research Development Authority Development Authority Corp. Plaza West Agency Building #1 286 Washington Avenue Extension 286 Washington Avenue Extension • Albany, NY 12238 Albany, NY 12203 Albany, NY 12203-3699 1 Hon. Alexander F. Treadwell Hon. Clarence Rappleyea Mr. Eugene W. Zeltmann, President Secretary of State Chair and CEO New York Power Authority 1 New York Department of State New York Power Authority 1633 Broadway | 41 State Street 1663 Broadway New York, NY 10019 J ^Albany, NY 12231-0001 New York, NY 10019 1 Ms. Mary Ellen Kris, Director Mr. John Ferguson Ms. Lenore Kuwik 1 NYS Department of Environmental New York State Department of New York State Department of Environmental Conservation, Region 2 Environmental Conservation Conservation, Reg. 2 Hunters Point Plaza 4740 21st Street Division Enviromental Permits 1 4740 21st Street Long Island, NY 11101 50 Wolf Road 1 Long Island City, NY 11101 - Albany, NY 12233-10 William Little, Esq. Hon. Daniel P. O'Connell Laurie Silberfeld, Esq. • New York State Department of Administrative Law Judge Legal Department 1 Environmental Conservation NYS Department of Environmental Conservation New York State Department of • 50 Wolf Road 50 Wolf Road Environmental Conservation, Region 2 Albany, NY 12233-1010 Albany, NY 12233-1550 47-40 21st Street Long Island, NY 11101

' Mr. Leon Sedefian Mr. Edward Radle Mr. John Smolinsky Air Pollution Metorologist New York State Department of New York State Department of Public Service • NYS Dept. of Environmental Conservation,Air Environmental Conservation Water Division 3 Empire State Plaza 1 Resources Division 50 Wolf Road Albany, NY 12223 1 , 50 Wolf Road Albany,NY 12233-1010 ^^Albany.NY 12233-1010

U(H VMr. Alan Domaracki Steven Blow, Esq., Assistant Council Mr. Martin Cummings 1 ^^^ Associate Air Quality Policy Analyst Department of Public Service New York State Department of Public Service New York Public Service Department Three Empire State Plaza 3 Empire State Plaza - 3 Empire State Plaza Albany, NY 1???3-1350 Albany, NY 1.7773-1350 I Albany, NY 12223-1350

Mr. George Stafford, Director Mr. Steve Resler Peter Lehner, Esq. 1 Division of Coastal Resources Coastal Resource Specialist Bureau Chief 1 State Department Division of Coastal Resources Environmental Protection Bureau 41 State Street State Department Law Department Albany, NY 12231 41 State Street 120 Broadway Albany, NY 12231 New York, NY 10271

Henry M. Greenbcrg, Esq. Colonel William HPearce Edgar K.Byham, Esq. General Counsel District Engineer Principal Attorney 1 NYS Department of Health U.S. Army Corps of Engineers New York Power Authority 1 Division of Legal Affairs New York District 1633 Broadway, 22nd Floor Two University Place 26 Federal Plaza, Room 2109 New York, NY 10019 Albany, NY 12203-3399 New York, NY 10278-0090 Electric Power Procurement Alliance NY Energy Buyers Forum Ms. Linda Sargeant, President • c/o Mr. Peter DiCapua Ms. Catherine Luthin, Executive Director The City Club ATCO Properties & Management, Inc. 555 Fifth Avenue c/o Beth Israel Engineering, Dazian Bldg. 889 10th Avenue, rm. 336-28 m New York, NY 10017 1st Avenue and 16th Street New York, NY 10019 | Brooklyn, NY 10003 New York City Environmental Justice Citizens for Clean Air Environmental Defense Fund H League 199 Thomycroft Avenue 257 Park Avenue South | 271 West 125th Stnwt, Rm. 303 Staten Island, NY 10312 New York, NY 10010 New York, NY 10027

Natural Resources Defense Council New York Public Interest New York City Clean Air Campaign 40 West 20th Street Research Group 150 Nassau Street • New York, NY 10011 9 Murray Street New York, NY 10038 | New York, NY 10007

Mr. Carl Pope Mr. Richard Miller, V.P. Hon. Joseph Ketas, Asst. Commissioner • The Sierra Club New York City Energy Department, NYCEDC NYC Dept. Of Environ. Protection 116 John Street, Suite 3100 110 WiUiam Street 59-17 Junction Blvd., 11th Fir. • New York, NY 10038 New York, NY 10038 Corona, NY 11368 ^^ |

Hon. Jeanne Fox, Regional Director Mr. John Ferguson Hon.JohnP.Cahill ^^ I Environmental Protection Agency NYS Dept. Of Environmental NYS Dept. Of Environmental • 290 Broadway Conservation Conservation New York, NY 10007 47-40 21st Street 50 Wolfe Rd. • Long Island City, NY 11101 Albany, NY 12233-1010 • Mr. Andrew Lynn, Executive Director Hon. Wilbur Chapman, Commissioner Hon. Charles A. Gargano, Commissioner NYC Dept. Of City Planning NYC Dept. Of Transportation NYS Empire State Development Corp. M 22 Reade Street 40 Worth Street 633 Third Avenue • New York, NY 10007-1216 New York, NY 10013 New York, NY 10017

Mr. Warren Samuels, Community Affairs Mr. Mike Primeggia Hon. Kevin Farrell * NYC Dept. Of Transportation Brooklyn Borough Commissioner Commissioner 44 Court Street, Rm. 1108 NYC Dept. Of Transportation NYC Department of Sanitation 1 Brooklyn, NY 11201 44 Court Street, Rm 1108 125 Worth Street I Brooklyn, NY 11201 New York, NY 10013 ^^ y Hon. Dennis Whelan Hon. Donald R. Davidson, Commissioner Hon.Neal L. Cohen ^I^B Executive Deputy Commissioner NYS Dept. Of Agriculture & Markets Commissioner of Health " New York State Department of Health Capital Plaza NYC Department of Health Nelson Rockefeller Empire State Plaza Albany, NY 12235 125 Worth Street • Albany, NY 12237 New York, NY 10013 • Mr. Steve Sullivan Hon. Dennis Whalen Hon. Joseph Boardman — Independent Power Producers of NY, Inc. Exec. Deputy Commissioner Commissioner • 291 Hudson Avenue NYS Department of Health NYS Department of Transportation * Albany, NY 12210 Nelson Rockefeller Empire State Plaza 5 Gov. Harriman State Campus Albany, NY 12237 Albany, NY12232 • Pace Environmental Litigation Clinic Ms. Dianne Cooper, Public Affairs Ms. Maureen O. Helmer, Chair 78 North Broadway NYS Department of Public Service NYS Public Service Commission — White Plains, NY 10603 3 Empire State Plaza 3 Empire State Plaza 1 Albany, NY 12232-1350 Albany, NY 12232-1350 • Hon. Kenneth K Fisher Hon. Victor L. Robles New York City Council New York City Council Dist. 33 New York City Council Dist. 34 16 Court Street, Rm. 1505 815 Broadway, Rm. 515 Brooklyn, NY 11241 Brooklyn, NY 11206

• Hon. Mary Pinkett Hon. Annette M. Robinson Hon. Martin Malave-Dilan | New York City Council Dist. 35 New York City Council Dist. 36 New York City Council Dist. 37 324 DeKalb Avenue 1360 Fulton Street, Rm. 417 786 Knickerbocker Avenue — Brooklyn, NY 11205 Brooklyn, NY 11216 Brooklyn, NY 11207

Hon. Angel Rodriguez Hon. Stephen DiBrienza Hon. Una Clarke • New York City Council Dist. 38 New York City Council Dist. 39 New York City Council Dist. 40 | 406 43rd Street 507 Court Street 123 Linden Blvd. Brooklyn, NY 11232 Brooklyn, NY 11231 Brooklyn, NY 11203 m Hon. Tracy Boyland Hon. Priscilla A. Wooten Hon. Martin J. Golden New York City Council Dist. 41 New York City Council Dist. 42 New York City Council Dist. 43 • 2094A Fulton Street 1962 Linden Blvd. 9004 Third Avenue | Brooklyn, NY 11233 Brooklyn, NY 11207 Brooklyn, NY 11209 fl ^^ Hon. Noach Dear Hon. Lloyd Henry Hon. Herbert E. Berman W New York City Council Dist. 44 New York City Council Dist. 45 New York City Council Dist 46 4424 16th Avenue 1498 Flatbush Avenue City Hall • Brooklyn, NY 11204 Brooklyn, NY 11210 New York, NY 10007

Hon. Howard L. Lasher Hon. Michael Nelson Hon. James Oddo • New York City Council Dist. 47 New York City Council Dist. 48 New York City Council Dist. 50 • 532 Neptune Avenue City Hall 94 Lincoln Avenue Brooklyn, NY 11224 New York, NY 10007 Staten Island, NY 10306

• Hon. Kathiyn E. Freed Hon. Jerome X. O'Donovan New York City Council District 1 New York City Council District 49 • 51 Chambers Street J\J^6 UirVimnnHIVICIUIIUIIU Xfrrar**IvIlOvv M New York, NY 10007 Stafcn Island, NY 10301

•-• VHon. Martin Connor Hon. Vincent J. Gentile Hon. Carl Kruger •v ^ NYS Senate District 25 NYS Senate District 23 NYS Senate District 21 270 Broadway 544 92nd Street 2210 AvenueU • New York, NY 10007 Broolyn, NY 11209 Brooklyn, NY 11229

Hon. Seymour P. Lachman Hon. Marty Markowitz Hon. Velmanette Montgomery • NYS Senate District 22 NYS Senate District 20 NYS Senate District 18 • 2346 86th Street 572 Flabush Avenue 70 Lafayette Avenue Brooklyn, NY 11214 Brooklyn, NY 11225 Brooklyn, NY 11217

Hon. John J. Sampson Hon. Nellie Santiago Hon. Ada L. Smith NYS Senate District 19 NYS Senate District 17 NYS Senate District 12 I 9114 Flatlands Avenue 734 Jamaica Avenue, 2nd Fl. 116-43 Sutphin Blvd. • Brooklyn, NY 11236 Brooklyn, NY 11208 Jamaica, NY 11434 Hon. John J. March! Hon. Paul D. Tonko NYS Senate District 24 -NYS Assembly- NYS Assembly 3580 St. Marks Place Legislative Office Building, Rm. 713 Staten Island, NY 10301 Albany, NY 12248

Hon. Peter J. Abbate, Jr. Hon. William F. Boyland Hon. James Brennan NYS Assembly District 49 NYS Assembly District 55 NYS Assembly District 44 6419 11th Avenue 1636A Pitkin Avenue 416 7th Avenue Brooklyn, NY 11219 Brooklyn, NY 11212 Brooklyn, NY 11215

Hon. Adele Cohen Hon. William Colton Hon. Roger L. Green NYS Assembly District 46 NYS Assembly District 47 NYS Assembly District 57 2965 Ocean Parkway 211-213 Kings Highway 55 Hanson Place Brooklyn, NY 11235 Brooklyn, NY 11223 Brooklyn, NY 11217

Hon. Dov Hikind Hon. Rhoda S. Jacobs Hon. Joseph R. Lentol NYS Assembly District 48 NYS Assembly District 42 NYS Assembly District 50 1310 48th Street 3HillelPlace 619 Lorimer Street Brooklyn, NY 11219 Brooklyn, NY 11210 Brooklyn, NY 11211

Hon. Vito Lopez Hon. Joan Millman Hon. Clarence Norman, Jr. NYS Assembly District 53 NYS Assembly District 52 NYS Assembly District 43 434 South 5th Street 341 Smith Street 854 Nostrand Avenue Brooklyn, NY 11211 Brooklyn, NY 11231 Brooklyn, NY 11235

Hon. Felix Ortiz Hon. N. Nick Perry Hon. Danyl C. Towns NYS Assembly District 51 NYS Assembly District 58 NYS Assembly District 54 404 55th Street 942 Utica Avenue 786 Knickerbocker Ave. BrooUyn, NY 11220 Brooklyn, NY 11203 Brooklyn, NY 11207

Hon. Albert Vann Hon. Helene E. Weinstein Hon. Edward Griffith NYS Assembly District 56 NYS Assembly District 41 NYS Assembly District 40 613-619 Throop Avenue, 1st Fir. 3520 Nostrand Avenue 270 Broadway, Rm. 720 Brooklyn, NY 11216 Brooklyn, NY 11229 New York, NY 10007

Hon. Sheldon Silver Hon. Elizabeth Connelly NYS Assembly District 62 NYS Assembly District 59 • 270 Broadway, Suite 1807 llSOForest Hill Rd. •US Congress- New York, NY 10007 Staten Island, NY 10314

Hon. Jerrold Nadler Hon. Anthony Weiner Hon. Edolphus Towns United States Congress District 8 United States Congress District 9 United States Congress District 10 532 Neptune Avenue 1901 Emmons Avenue, Ste. 212 16 Court Street Brooklyn, NY 11224 Brooklyn, NY 12335 Brooklyn, NY 11201

Hon. Major Owens Hon. Nydia Velazquez Hon. Vito Fossella United States Congress District 11 ATTN: Michelle de la Uz United States Congress District 13 289 Utica Ave. United States Congress District 12 9818 Fourth Avenue Brooklyn, NY 11213 16 Court Street, #1006 Brooklyn, NY 11209 Brooklyn, NY 11241 Mr. Clarence Rappleyea Mr. Eugene Zeltman Chairman & CEO Chairman & COO New York Power Authority New York Power Authority -Borough President's Offices- 30 S. Pearl Street 30 S. Pearl Street Albany, NY 12207 Albany, NY 12207 Hon. Howard Golden Mr. Harold Nass Mr. Brad Maione Brooklyn Borough President Director of Community Boards Community Liaison 209 Joralemon Street Office of the Brooklyn Borough President Office of the Brooklyn Borough President Brooklyn, NY 11202 209 Joralemon Street 209 Joralemon Street Brooklyn, NY 11202 Brooklyn, NY 11202

Mr. Luther Smith Mr. Steve DeCrescenzo Director of Community Boards Director of Community Boards Office of the Manhattan Borough President Office of the Staten Island Borough President Community Boards- 1 Centre Street, 19th R Borough Hall New York. NY 10007 Staten Island, NY 10301

Mr. Gerald Esposito, Dist. Mgr. Ms. Evelyn Williams, Dist. Mgr. Mr. Lewis A. Watkins, Dist. Mgr. Brooklyn Community Board 1 Brooklyn Community Board 2 Brooklyn Community Board 3 435 Graham Avenue 350 Jay Street 1360 Fulton Street Brooklyn, NY 11211 Brooklyn, NY 11201 Brooklyn, NY 11216

Ms. Nadine Whitted, Dist. Mgr. Mr. Walter Campbell, Dist. Mgr. Mr. Craig Hammerman, Dist. Mgr. Brooklyn Community Board 4 Brooklyn Community Board 5 Brooklyn Community Board 6 315 Wyckoflf Avenue, 2nd Fir. 127 Pennsylvania Avenue 250 Baltic Street Brooklyn, NY 11237 Brooklyn, NY 11207 Brooklyn, NY 11201

Mr. Eugene Moore, Dist. Mgr. Ms. Doris Alexander, Dist. Mgr. Ms. Pearl R. Miles, Dist. Mgr. Ms. Bea DeSapio, Chair Brooklyn Community Board 8 Brooklyn Community Board 9 Brooklyn Community Board 7 1291 St. Marks Avenue 8900 Nostrand Avenue 4201 4th Avenue Brooklyn, NY 11213 Brooklyn, NY 11225 Broolyn, NY 11232 Ms. Denise Virga, Dist. Mgr. Mr. Howard Feuer, Dist. Mgr. Ms. Priscilla Celano, Dist. Mgr. Brooklyn Community Board 10 Brooklyn Community Board 11 Brooklyn Community Board 12 621 86th Street 2214 Bath Avenue 5910 13th Avenue Brooklyn, NY 11209 Brooklyn, NY 11214 Brooklyn, NY 11219

Mr. Chuck Reichenthal, Dist. Mgr. Ms. Terry Rodie, Dist. Mgr. Ms. Barbara Simmons, Dist. Mgr. ;# Brooklyn Community Board 13 Brooklyn Community Board 14 Brooklyn Community Board 15 2900 West 8th Street 1306 Avenue H 2001 Oriental Blvd., F Cluster Brooklyn, NY 11224 Brooklyn, NY 11230 Brooklyn, NY 11235

Ms. Viola D. Greene, Dist. Mgr. Mr. Willie Scott, Dist. Mgr. Ms. Dorothy Turano Brooklyn Community Board 16 Brooklyn Community Board 17 Brooklyn Community Board 18 444 Thomas Boyland Street, rm. 103 39 Remsen Avenue 5715 Avenue H, Apt. ID Brooklyn, NY 11212 Brooklyn, NY 11212 Brooklyn, NY 11234

Business News Editorial Associated Press -Media Outlets- 50 Rockefeller Phiza, 5th Fir. New York, NY 10020 Mr. Ken Brown Editorial Staff A. P. City Desk | Courier-Life Brooklyn Heights Press /Brooklyn Journal/ Brooklyn Paper 1733 Sheepshead Bay Rd. Brooklyn Daily Eagle / Brooklyn Phoenix 26 Court Street . Brooklyn, NY 11235 125 Montague St. Brooklyn, NY 11242 I Brooklyn. NY 11201

Ms. Sara Otey Mr. Stephen McFarland Business Department • Brooklyn Spectator Daily News - Brooklyn New York Post | 8723 Third Avenue Borough Chief 1211 Sixth Avenue Brooklyn, NY 11209 16 Court Street, rm. 503 Brooklyn, NY 10036 - Brooklyn, NY 11201 Metro Assignment Desk City Desk Business News Editorial The New York Times Staten Island Advance United Press International • 229 W 43rd Street 950 Fingerboard Rd. 11 Penn Plaza, Ste. 937 | New York, NY 10036 Staten Island, NY 10305 NewYork,NY1000I

Mr. Michael Armstrong Mr. Craig Donner Mr. Marty Gold w Director of Public Affairs Press Office Electronic Engineering Times . . Brooklyn Borough Pres. Office Staten Island Borough Pres. Office CMP Media, Inc. • 209 Joralemon Street Borough Hall 600 Community Drive | Brooklyn, NY 11201 Staten Island, NY 10301 Manhassett, NY 11030 M^ Editor-in-Chief Mr. Paul Carlsen Mr. Donald Saxman ^^ B Electronic News Electric Utility Weekly Energy Conservation News w Reed Elsevier Business Information The McGraw-Hill Companies Business Communications Co., Inc. 2105 Landings Drive 2 Peon Plaza 25 Van Zant Street, Suite 13 • Mountain View, CA 94043 New York, NY 10121 Norwalk, CT 06855-1713 | Mr. Georg Lobsenz Mr. Jeff Stanfield / Michael Schmidt Business News Editorial The Energy Daily The Energy Report Energy Today 1 King Publishing Group Pasha Publications, Inc. Trends Publishing, Inc. | 627 National Press Building 1600 Wilson Blvd.. Ste. 600 1079 National Press Building Washington, DC 20045 Arlington, VA 22209-3109 Washington, DC 20045 • Mr. Mark Hand Mr. Peter Maloney Mr. Rob Ingram • Gas Daily Independent Power Report Industrial Energy Bulletin Pasha Publications, Inc. The McGraw-Hill Companies The McGraw-Hill Companies • 1600 Wilson Blvd., Ste. 600 2 Penn Pla/a 2 Penn Plaza | Arlington, VA 22209-3109 New York, NY 10121 New York, NY 10121 ^_ Ms. Lira Behrens Mr. Craig Cano Business News Editorial ^ v3 Inside Energy / with Federal Lands Inside FERC Maintenance Management ^^P The McGraw-Hill Companies The McGraw-Hill Companies Bureau of Business Practice 1200 G Street, NW, Ste. 1100 1200 G Street, NW, Ste. 1100 24 Rope Ferry Rd. • Washington, DC 20005-3802 Washington, DC 20005-3802 Waterford,CT 06386 | Mr. Bob Williams Mr. Robert Schweiger Ms. Cathy Larson Oil & Gas Journal Power Power Markets Week • 1700 West Loop South, Ste. 1000 The McGraw-Hill Companies The McGraw-Hill Companies • Houston, TX 77027 2 Penn Plaza, 5th Fir. 2 Penn Plaza New York, NY 10121 New York, NY 10121 • Ms. Lori Burkhart Business News Editorial Mr. Jim Jelter The PUR Utility Weekly World Gas Intelligence Reuters New Service Public Utilities Reports, Inc. PIW Publications 199 Water Street 1 8229 Boone Blvd., Ste. 401 575 Broadway, 4th Floor New York, NY 10038 • Vienna, V A 22182 New York, NY 10012-3230 Mr. Peter Slaton, Editor Mr. Jim Efstathious / Mr. Eric Baard Mr. Brian Rooney Grid Magazine Dow Jones Wire Service Bloomberg Business News 27 Union Square West, Ste. 208 (Via fax) 499 Park Avenue, 15th Fir. New York, NY 10003 201.938.4490 New York, NY 10022

Mr. Phil Lentz Mr. Kennedy Maize Mr. Ray Pospisil Grain's New York Business Electricity Daily NE Power Report 220 East 42nd Street 1800 Harper's Ferry Rd. (Via fax) New York, NY 10017 Knoxville,MD 21758 718.243.1666

Mr. Rob Thormeyer Mr. Robert Harrelson Ms. Lori A. Burkhart Electric Power Alert Inside Washington Public Utility Fortnightly 1225 Jefferson Davis Hwy. 1225 Jefferson Davis Hwy. 8229 Boone Blvd. Suite 1400 Suite 1400 Suite 401 Arlington, VA 22202 Arlington, VA 22202 Vienna. VA 22182 Mr. Michael Burr Mr. Norm Poltenson Ms. Martha Canan Independent Energy CNY Business Journal Bond Buyer/Elec. Pwr. Business 1421 South Sheridan Rd 231WalstonSt. 1325 G Street NW Tulsa, Oklahoma 74112 Syracuse, NY 13202 Washington, DC 20005

Mr. George Lobsenz Mr. Kyle Hughes Mr. Lee Bergquist Electricity Daily Gannert News Service Milwaukee Journal Sentinel 627 National Press Bldg. 150 State St. 333 West State SL Washington, DC 20045 Albany, NY 12207 Milwaukee, WI53203

Mr. Raymond Fazzi Mr. Rich Heidorn Ms. Susan Kinsman Asbury Park Press Philidelphia Inquirer Hartford Courant 3601 Highway 66 400 N. Broad St. The Times Mirror Co. PO Box 1550 Box 8263 285 Broad Street Neptune NJ, 07754 Philadelphia, PA 19101 Hartford, CT 06115 Mr. Chris O'Malley Ms. Suzanne Wooton Mr. Tom Salemi Indianapolis Star News The Baltimore Sun Boston Business Journal 307 N. Pennsylvania St, PO Box 145 The Times Mirror Co. 200 High Street Indianapolis, IN 46206 501 N.Calvert Street Boston, MA 02110 Baltimore, MD 21278 Mr. Chris Heyssel Brooklyn Mills i# Wagner Assoc. —Places to Leave Public Info., do Mr. Matthew Ulterino, Special Proj. 152 East 57th Street, 18th Fir. Business & Civic Organizations- Brooklyn Chamber of Commerce New York, NY 10019 7 Metrotech Center, Ste. 2000 Brooklyn, NY 11201 Mr. Kenneth Adams, President Red Hook Containerport Owl's Head WPC Brooklyn Chamber of Commerce do Mr. Sal Ragucci do Dpty. Commissioner Robert Adamski, P.E. Port Authority - Brooklyn MarineTeraiinal NYC Dcpt Of Environmental Protection 7 Metrotech Center, Ste. 2000 59-17 Junction Blvd. 90 Columbia Street Brooklyn, NY 11201 Corona, NY 11368 Brooklyn, NY 11201

Ms. Joan Bartolomeo Mr. Robert G. Keller Mr. Dominick Massa Brooklyn EDC Director of Economic Development Harborside Management Corp. 130 Bay Ridge Parkway Brooklyn Union Gas 48th Street and 1st Avenue Brooklyn, NY 11209 1 Metrotech Center Brooklyn, NY 11232 Brooklyn, NY 11201 Mr. Greg O'Connell Ms. Bette Stolz Together We Help g Red Hook Business Assoc. S Brooklyn LDC 883 Fourth Avenue 204-207 Van Dyke Street 269 Van Brunt Street Brooklyn, NY 11232 - Brooklyn, NY 11231 Brooklyn, NY 11231

Ms. Opal Lindsay, Head Librarian Postmaster Sunset Park Adult Education Prog. • Brooklyn Public Library United States Postal Service 414 80th St 1 Sunset Park Branch 271 CadmanPla/* East Brooklyn, NY 11209 5108 Fourth Avenue @ 51st St. Brooklyn, NY 11201 Brooklyn, NY 11220 Incarnation Lutheran Church Brooklyn YWCA United Puerto Rican Organization of 5313 4th Avenue 30 3rd Avenue Sunset Park • Brooklyn, NY 11232 Brooklyn, NY 11217 5417 4th Avenue I Brooklyn, NY 11220

Council of Bklyn Organizations Ms. Mary Theresa McKenna Ms. Christine Wassyl | 278 Broadway Director of Community Relations Director of Community Relations v Brooklyn, NY 11211 Lutheran Medical Center Methodist Hospital m 150 55th St., Rm. 2301 506 6th St. 1 Brooklyn, NY 11220 Brooklyn, NY 11215 M^ Mr. Tom Dugan Ms. Nilda Astrada, Director Mr. Gerry Kenyon ^^ • Community Affairs Tauro College Emergency Preparedness Coordinator • Long Island College Hospital 5216 5th Avenue Metropolitan Detention Ctr. Atlantic Ave. & Hicks Street Brooklyn, NY 11220 100 29th St m Brooklyn, NY 11201 Brooklyn, NY 11232 | Mr. Dan Dray, Executive Director Mr. Richard T. Anderson, President Ms. Lenore Janis, President SW Brooklyn Ind. Dev. Corp. NY Building Congress Professional Women in Construction • 269 West 37th Street 44 West 28th Street, 12th Fir. 342 Madison Ave., #451 | Brooklyn, NY 11232 New York, NY 10001 New York, NY 10173

Mr. Nelson Ramos Mr. Paul Male, Director Sr. Mary Franciscus, Director • Sunset Park Redevelopment Comm. Brooklyn Chinese American Assoc. Opportunity For a Better Tomorrow 5101 4th Avenue, 2nd Fir. 5002 8th Avenue 783 Fourth Avenue • Brooklyn, NY 11220 Brooklyn, NY 11220 Brooklyn, NY 11232 |

Ms. Jeanne DiLascio Mr. Jose Vega Mr. Edward Casey « U Gowanus Canal Local Comm. Devel. Executive Director Consolidated Edison Company ^^^W 515 Court Street Fifth Avenue Merchants Assoc. 4 Irving Place Brooklyn, NY 11231 4501 5th Avenue New York, NY 10003 • Brooklyn, NY 11232 Mr. Stuart Lefflcr Ms. Seema Goldstein Mr. Dolar White, General Manager Consolidated Edison Company Office of Public Affairs Home Depot • 30 Flatbush Avenue Consolidated Edison Company 550 Hamilton Ave. • Brooklyn, NY 11217 4 Irving Place Brooklyn, NY 11232 New York, NY 10003 Mr. Mark Hanna, General Manager Mr. Mohammed Elsaeidy Ms. Linda Spinner m Costco Wholesale Auction Outlet, Inc. Automobile Club of NY 976 Third Avenue 129 Prospect Avenue Brooklyn Branch Office • Brooklyn, NY 11232 Brooklyn, NY 11215 1781 Flatbush Avenue B Brooklyn, NY 11210 | Mr. Eddie S. Argitakos, Oper. Mgr. Mr. John Kelly Mr. Kenny James BQE Public Auto Auction Fleet Services Fleet Services M 409 Hamilton Avenue Brooklyn Union NYNEX I Brooklyn, NY 11215 287 Maspeth Avenue 770 11th Ave. Brooklyn, NY 11211 New York, NY 10019 • Ms. Linda Lalek Mr. Mario Griscione Mr. Richard Tambini | Public Relations Eckloff Marine McAllister Marine NYNEX 3245 Richmond Terrace P.O. Box 10-0190 a 7 Metrotech Ctr., 23rd Fir. Statcn Island, NY 10303 Staten Island, NY 10310 | Brooklyn, NY 11201 Mr. Alfred Allegretti Capt. Vincent Hilser Mr. Robert Smith • Bayside Fuel Oil Depot United Pilot/United NewPort Buchanan Marine | 1776 Shore Pkwy. P.O. Box 586 Box 1039 Brooklyn, NY 11214 Staten Island, NY 10302 Port Washington, 1MY 11050

I Mr. William Wittick Mr. William Highes General Manager Seawolf Marine Hughes Brothers Marine Golten Marine • 6 Watson Court East 700 Columbia Street 160 Van Brunt Street | Edison, NJ 08820 BrooWyn, NY 11231 Brooklyn, NY 11231

• ^^ Mr. James Murphy Mr. Dennis Switzer Mr. Ed Thompson I NY Shipyard / US Dredging District Safety Manager Thompson Overhead Doors 1 Beard Street Roadway Express, Inc. 47 16th Street • Brooklyn, NY 11231 Rt 715 South Brooklyn, NY 11215 Tannersville, PA 18372 Mr. Robert Jrauss, Manager Mr. Michael D'Ambrosia Mr.AlanKull • PATHMARK of Gowanus I.E. Dept, United Parcel Svce. Linehaul Manager • 1-37 12th Street 4605 56th Rd. Yellow Freight System Brooklyn, NY 11215 Maspeth, NY 11378 100 Third Avenue Elizabeth, NJ 07206 • Mr. Rich Scarola, Station Manager Mr. Mike Nelson, Station Manager Mr. Terry Chimento, Night Station Mgr. Airborne Express Mr. Ray Zammit, Station Manager Federal Express • 51-01 1st Avenue Federal Express 5120th Street I Brooklyn, NY 11232 51 20th Street Brooklyn, NY 11232 Brooklyn, NY 11232 W General Manager Mr. Vince DeMao Manager •^^ Jethro Cash & Carry Chase Manhattan Bank INTEROMNI Direct Mail 566 Hamilton Avenue 79 Hamilton Avenue 645 Clinton Street • Brooklyn, NY 11232 Brooklyn, NY 11231 Brooklyn, NY 11231

^ Ms. Tania Garofano Ms. Maribel Agosto Mr. John Hernandez • CITIBANK INDEPENDENCE Savings Bank Bell Star Tower • 375 Court Street 498 Columbia Street 284 Van Brunt Street Brooklyn, NY 11231 Brooklyn, NY 11231 Brooklyn, NY 11231

Mr. Kent Q. Tan Mr. Roger Rigoli Mr. Arthur Mondella _ Blooming Import N Blue Ridge Tea & Herb Dell's Marachino Cherries, Co. I 45 Bowne Street 26 Woodhull Street 175-177 Dikeman St. • Brooklyn, NY 11231 Brooklyn, NY 11231 Brooklyn, NY 11231 Mr. David McNealy General Manager Mr. Efirim Nemirovsky El Viajero Cheese Empire Apple Golden Chocolate ISHuntingtonSt. 461 Van Brunt Street 590 Smith Street Brooklyn, NY 11231 Brooklyn, NY 11231 Brooklyn, NY 11231

Mr. Eli Brezel Mr. JefTLicata Mr. Steve Deptula Snappy Apple Top Catch Park Slope Brewing Co. 141 Beard St. 60 Commerce St. 40 Van Dyke St. Brooklyn, NY 11231 Brooklyn, NY 11231 Brooklyn, NY 11231

General Manager General Manager Mr. Yeung Yan Yee Lee's Poultry Ridge Produce Unified Trading Co. 105 Union Street 76 Van Dyke St 59 Sebring St. Brooklyn, NY 11231 Brooklyn, NY 11231 Brooklyn, NY 11231

General Manager Wooden Bridge, LLC Mr. Howard Shapiro, President Bel Air Bulbs Mr. David Lefkowitz The Energy Assn of NYS 204-207 Van Dyke St 400 Carroll Street 111 Washington Avenue, Suite 601 Brooklyn, NY 11231 Brooklyn, NY 11231 Albany, NY 12210

« SUNSET ENERGY FLEET LLC

]FOR IMMEDIATE RELEASE: Contact: AMREP Solutions, Inc.

Monday, April 5,1999 Td.: (212)705-4784

SUNSET ENERGY FLEET. LLC SUBMITS PRELIMINARY PLANS TO CONSTRUCT 520 MEGAWATT ELECTRIC GENERATING FACILITY Al IN BROOKLYN NEW YORK'S SUNSET INDUSTRIAL PARK New York, NY: Jerry Montrose, Chaiiman and CEO of Sunset Energy Fleet, LLC (SEF) announced today that the company has filed its pre-application report for a Certificate of Environmental Compatibility and Public Need (Certificate) with the New York State Board on Electric Generation Siting and the Environment (Board). The filing triggers a formal siting review process, under Article X of the Public Service Law, in which federal, state and local government agencies, local elected and community officials and members of the public review and comment on the plans. After the pre-application has been thoroughly evaluated, the Board will advise SEF of any additional issues or concerns which must be included in SEF's application for the Certificate.

Development of the SEF facility was publicly announced in mid-March.

As a result of energy deregulation in New York State and because additional in-city power generation capacity is required to supply future needs, SEF projects that its new facility will both produce electricity at lower rates and enhance in-city energy reliability. The SEF project will use state-of-the-art technology and equipment, resulting in less pollution than that produced in currently operating local power facilities. It will generate enough electricity to power over 500,000 households.

more SUNSET ENERGY FLEETLLC

FOR IMMEDIATE RELEASE: Contact: AMREP Solutions, Inc.

Monday, April 5, 1999 Tel.: (212) 705-4784

SUNSET ENERGY FLEET LLC SUBMITS PRELIMINARY PLANS TO CONSTRUCT 520 MEGAWATT ELECTRIC GENERATING FACILITY IN BROOKLYN NEW YORK^S SUNSET INDUSTRIAL PARK

New York, NY: Jerry Montrose, Chairman and CEO of SEF ENERGY INC., the managing member of SUNSET ENERGY FLEET LLC (SEF), announced today that the company has filed its pre-application report for a Certificate of Environmental Compatibility and Public Need (Certificate) with the New York State Board on Electric Generation Siting and the Environment (Board). The filing triggers a formal siting review process, under Article X of the Public Service Law, in which federal, state and local government agencies, local elected and community officials and members of the public review and comment on the plans. After the pre-application has been thoroughly evaluated, the Board will advise SEF of any additional issues or concerns which must be included in SEF's application for the Certificate.

Development of the SEF facility was publicly announced in mid-March.

As a result of energy deregulation in New York State and because additional in-city electric generation capacity is required to supply future needs, SEF projects that its new facility will both produce electricity at lower cost and enhance in-city energy reliability. The SEF facility will use state-of-the-art technology and equipment, resulting in cleaner and more efficient production of electricity than is achieved in currently operating local electric generating facilities. It will generate enough electricity to power over 500,000 households.

more t •

Jerry Montrose said, "The SEF facility is just now beginning its review process. In the months ahead, our project engineers and staff will be meeting with government officials and community leaders. We will explain the project in great detail. We will listen to and address questions and comments from the public and from the regulatory agencies. At the same time, we will conduct technical analyses of potential impacts on the air, water, and land, as well as investigate any aesthetic, socio-economic and historical concerns. There will be many opportunities for the local community to participate in the planning process."

The SEF facility will be located on permanently secured barges adjacent to a privately owned pier in the industrial-zoned waterfront of Sunset Park, Brooklyn.

Mr. Montrose added, "SEF is moving forward quickly to inform the public and local community about the project. We are also performing the technical and engineering work needed to make the project a reality."

Under Article X of the Public Service Law, the Board will convene meetings among agency staff, SEF and interested members of the public to negotiate the details of the environmental and engineering studies to be included in the application. SEF expects to file its application during the summer.

For additional information, please contact AMREP Solutions, Inc. at (212)705- 4784.

end •

Hon. Felix Ortiz NYS Assembly District 51 404 55th Street Brooklyn, NY 11220

Hon. Angel Rodriguez New York City Council Dist. 38 406 43rd Street Brooklyn, NY 11232

flt. Ms. Bea DeSapio and Mr. Eugene Moore District Manager Brooklyn Community Board 7 f 4201 4th Avenue Brooklyn, NY 11232

Richard Miller, Esq. < Vice-President Energy Department NYCEDC 110 William Street New York, NY 10038

Mr. Andrew Lynn, Executive Director NYC Dept. of City Planning 22 Read Street • New York, NY 10007-1216

Hon. Joseph Ketas Assistant Commissioner NYC Dept.of Environ. Protection 59-17 Junction Boulevard, 11th Floor Corona, NY 11368

4 Jeny Montrose said, "The SEF project is just now beginning its review process. In the months ahead, our project engineers and staff will be meeting with government officials and community leaders. We will explain the project in great detail. We will Usten to and address questions and comments from the public and from the regulatory agencies. At the same time, we will conduct technical analyses of potential impacts on the air, water, and land, as well as investigate any aesthetic, socio-economic and historical concerns. There will be many opportunities for the local community to participate in the planning process.*'

The SEF facility will be located on permanently secured barges adjacent to a privately owned pier in the industrially-zoned waterfront of Sunset Park, Brooklyn.

* Mr. Montrose added, "SEF is moving forward quickly to inform the public and local community about the project. We are also performing the technical and engineering work needed to make the project a reality "

Under Article X of the Public Service Law, the Board will convene meetings among agency staff, SEF and interested members of the public to negotiate the details of the environmental and engineering studies to be included in the application. SEF expects to file its application during the summer.

For additional information, please contact AMREP Solutions, Inc. at (212)705- 4784.

end

TOTAL P.03 . Pre-Application Report Service List

Mayor Rudolph W. Giuliani City Hall New York, NY 10007

Hon. Howard Golden, President Borough of Brooklyn Brooklyn Borough Hall 209 Joralemon Street Brooklyn, NY 11202

Hon. Eliot Spitzer Attorney General New York State Attorney General's Office The Capitol Albany, NY 12224

Hon. Maureen O. Helmer New York State Board on Electric Generation Siting and the Environment 3 Empire State Plaza Albany, NY 12223-1350

Hon. John. P. Cahill, Commissioner # New York State Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-1500

Hon. Charles A. Gargano, Commissioner Empire State Development Corporation 633 Third Avenue New York, NY 10017 Hon. Dennis P. Whalen Executive Deputy Commissioner NYS Health Department Tower Building ESP Albany, NY 12237

Hon. Bemadette Castro, Commissioner NYS Office of Parks, Recreation and Historic Preservation Empire State Plaza Agency Building #1 Albany, NY 12238

Hon. Ronald R. Davidsen /. J Commissioner New York State Department of Agriculture & Markets 1 Winners Circle Albany, NY 12235

Hon. F. William Valentino President New York State Energy Research & Development Authority 286 Washington Avenue Extension Albany, NY 12203

Hon. William R. Howell, Chairman New York State Energy Research & • Development Authority Corporate Plaza West 286 Washington Avenue Extension Albany, NY 12203-3699

Hon. Alexander F. Treadwell Secretary of State New York Department of State 41 State Street Albany, NY 12231-0001

2 Hon. Clarence Rappleyea Chair and CEO New York Power Authority 1663 Broadway New York, NY 10019

Hon. Joseph H. Boardman Commissioner of Transportation 5 Governor Harriman State Campus Albany, NY 12232

Mr. Eugene W. Zeltmann, President New York Power Authority 1633 Broadway New York, NY 10019

Hon. Nydia Velazquez Attn: Michelle de la Uz United States Congress District 12 16 Court Street, #1006 Brooklyn, NY 11241

Hon. Jerrold Nadler United States Congress District 8 532 Neptune Avenue Brooklyn, NY 11224

Hon. Martin Connor The Senate of NYS 270 Broadway New York, NY 10007 Ms. Mary Ellen Kris, Director NYS Department of Environmental Conservation, Region 2 Hunters Point Plaza 4740 21st Street Long Island City, NY 11101

Mr. John Ferguson New York State Department of Environmental Conservation, Region 2 4740 21st Street Long Island, NY 11101

Ms. Lenore Kuwik n New York State Department of Environmental Conservation Division Enviromental Permits 50 Wolf Road Albany, NY 12233-1010

William Little, Esq. New York State Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-1010

Hon. Daniel P. O'Connell Administrative Law Judge NYS Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-1550

Laurie Silberfeld, Esq. Legal Department New York State Department of Environmental Conservation, Region 2 4740 21st Street Long Island, NY 11101 Mr. Leon Sedefian Air Pollution Metorologist NYS Dept. of Environmental Conservation Air Resources Division 50 Wolf Road Albany, NY 12233-1010

Mr. Edward Radle New York State Department of Environmental Conservation Water Division 50 Wolf Road Albany, NY 12233-1010

Mr. John Smolinsky % New York State Department of Public Service 3 Empire State Plaza Albany, NY 12223

Mr. Alan Domaracki Associate Air Quality Policy Analyst New York Public Service Department 3 Empire State Plaza Albany, NY 12223-1350

Steven Blow, Esq., Assistant Council Department of Public Service Three Empire State Plaza Albany, NY 12223-1350

Mr. Martin Cummings New York State Department of Public Service 3 Empire State Plaza Albany, NY 12223-1350 Mr. George Stafford, Director Division of Coastal Resources State Department 41 State Street Albany, NY 12231

Mr. Steve Resler Coastal Resource Specialist Division of Coastal Resources State Department 41 State Street Albany, NY 12231

Peter Lehner, Esq. % Bureau Chief Environmental Protection Bureau Law Department 120 Broadway New York, NY 10271

Henry M. Greenberg, Esq. General Counsel NYS Department of Health Division of Legal Affairs Two University Place Albany, NY 12203-3399

Colonel William H. Pearce District Engineer U.S. Army Corps of Engineers New York District 26 Federal Plaza, Room 2109 New York, NY 10278-0090

Edgar K. Byham, Esq. Principal Attorney New York Power Authority 1633 Broadway, 22nd Floor New York, NY 10019 Ms. Jeanne M. Fox, Regional Administrator U.S. Environmental Protection Agency Region II 290 Broadway New York, NY 10007-1866

Ms. Opal Lindsay Brooklyn Public Library Sunset Park Branch 5108 Fourth Avenue @ 51st Street Brooklyn, NY 11220

« • Cohen, Dax & Koenig, RC. ORIGINAL ATTORNEYS 90 State Street, Suite 1030 Jeffirey C. Cohen Albany, New York 12207 Paul C. Rapp John W. Dax Kimberly A. Johnson Joshua Noah Koenig Telephone: (518)432-1002 Facsimile: (518)432-1028 e-mail: [email protected]

April 6, 1999

Hon. Debra Renner Acting Secretary NYS Public Service Commission Three Empire State Plaza Albany, NY 12223-1350

Re: SUNSET ENERGY FLEET LLC

Dear Secretary Renner:

Included in error with the SUNSET ENERGY FLEET LLC Pre-Application Report dated April 5,1999, was an early draft of a press release. Please accept in its place the attached press release, and discard the earlier draft.

If you should have any questions regarding this matter, please feel free to contact me

JWD:ejo Encs.