CJ:rr>eAf PUBLIC^UCE COMMISSION ^T!JEAD AND LANIADO, LLP ^ ATTORNEYS AT LAW OLl i 0 uUUU 25 EAGLE STREET ALBANY, NEW YORK 12307-1901 ..„^"-".... ALBANY, N.Y. (BIB) 465-9313 KEVIN R. BROCKS TELEFAX NO. CRAIG M, INDYKE (518)465-9315 SAM M. LANIADO Via Hand Delivery HOWARD J. READ .. ^ )^—-— —C- DAVID B. JOHNSON ^ ^ September 13,2000 . , ^/^--T^tjxrS'r* Hon. Janet Hand Deixler Secretary New York State Board on Electric Generation Siting and the Environment Three Empire State Plaza Albany, New York 12223-1350 Re: Case No. 00-F-1356 - Application of PPL Kings Park, LLC for a Certificate of Environmental Compatibility and Public Need to Construct and Operate a Nominal 600- megawatt Simple-Cycle Natural Gas-Fired Combustion Turbine Electric Generating Plant in the Town of Smithtown, New York. Dear Secretary Deixler: By transmittal letter dated August 9, 2000, PPL Kings Park, LLC (PPL) filed its Preliminary Scoping Statement (PSS), pursuant to Article X of the Public Service Law, for the captioned project with the Chairman of the New York State Board on Electric Generation Siting and the Environment. The comment period was voluntarily extended to September 15, 2000 by PPL by letter dated August 30, 2000. This letter is provided to advise the Chairman and interested persons that PPL will be revising the PSS because the Project's capacity will be reduced from 600 MW to approximately 300 MW. Ongoing studies indicate that the transmission capacity at the Pilgrim Substation that is available to satisfy Long Island's peak demand (installed capacity requirements) is approximately 300 megawatts. Accordingly, PPL's new design will include the installation of six General Electric LM 6000 gas turbines, rather than 12, producing approximately 300 megawatts. Other updates, as noted below, will also be provided. Accordingly, PPL will file revised pages for insertion into the PSS in the near future. In accordance with 16 NYCRR Part 1000.4(d), we believe interested persons should file all comments within 21 days after service of the revised PSS pages. PPL's preliminary review indicates that, at this time, the following sections of the PSS will be revised: % Hon. Janet Hand Deixler September 13,2000 Page 2. Section EXECUTIVE SUMMARY 1.0 Introduction - Reduction to onsite acreage to be used for construction; - Reduction in number of gas turbines; Reduction in number of construction j obs. 2.0 Facility Description Reduction in number of turbines and stacks; Revised facility layout; Revised facility appearance, including changes to pages 2-1, 2-2, 2-8,2-9 and Figures 2-2, 2-3,2-4 and 2-5. 4.1 Air Quality and Meteorology Preliminary modeling results will be revised, including Figures 4.1-2,4.1-3 and pages 4.1-10,4.1-11 and 4.1-14. 4.2 Land Use and Zoning Change in area of land to be used for construction, including pages 4.2-1 and 4.2-7. In addition, page 4.2-7 of the PSS will be revised to provide that: "In the Applicant's opinion, the proposed Facility is a permitted use in the district, subject to conditions designed to protect the surrounding area. The Applicant intends to support this position in the Article X proceeding. Nevertheless, the Applicant will apply to the Siting Board pursuant to PSL § 168.2(d) for a waiver of the zoning provisions should it be determined that the Applicant is not a 'public utility' or the proposed Project is not a 'public utility facility' enabling it to qualify for a special exceptions permit. Consistent with recommendations and stipulations proposed in other Article X proceedings, and with the draft stipulation proposed by PPL in the PSS, the Applicant will consult with the Town of Smithtown on all aspects of local requirements that may relate to the construction of its proposed facility." 4.3 Aesthetics and Visual Resources New layout, fewer stacks, additional buffer, including pages 4.3-1. H % Hon. Janet Hand Deixler September 13,2000 Page 3. 4.8 Water Resources Reduced water supply and wastewater discharge, and new plant water balance estimates, including pages 4.8-1 and 4.8-2 and Figures 4.8-1 through 4.8-4. 5.0 Fuel Supply Revised quantity of natural gas and fuel oil to be used, including pages 5-1 to 5-4. There may be other areas that require revision. As noted above, PPL believes interested persons should have a full opportunity to comment upon the revised pages. On Monday, September 11, 2000, the undersigned received a facsimile of a letter sent by Frederick Eisenbud, Esq., attorney for the Townline Association, Inc. (TAI) requesting additional time to comment on the PSS. The letter refers to a letter sent by the Town of Huntington that purportedly also requests an extension of time. No specific time period is noted. PPL's filing of revised pages and our agreement to provide additional time to comment should satisfy these requests. In addition, TAFs letter also asks whether, if it retains an expert for the preapplication process, will it be eligible for reimbursement from the intervenor fund after the application is filed. PPL believes that TAI should be eligible for reimbursement of its preapplication expenditures solely from the $300,000 fee that PPL will be required to submit with an Article X Application for the captioned project that it may file and only if the Presiding Examiner grants TAFs application for a disbursement to cover those expenditures. Respectfully submitted, READ AND LANIADO, LLP Attorneys for PPL Kings Park, LLC By: SanTlft. Laniado SML/sle cc: Preliminary Scoping Statement Service List Attached Preliminary Scoping Statement Courtesy Copy List Attached Paul Agresta, Esq. Mr. Richard Powell Frederick Eisenbud, Esq. Gregory Allen, Esq. Mr. Kevin Kispert PRELIMINARY SCOPING STATE A^MERVICE LIST Maureen O'Donnell Helmer John P. Cahill Chairman Commissioner Attn: Janet H. Deixler, Secretary New York State Department of Environmental New York State Department of Public Service Conservation Board on Electric Generation Siting and the Executive Office, Room 608 Environment 4th Floor, 50 Wolf Road Three Empire State Plaza Albany, New York 12233 Albany, New York 12223 Antonia C. Novello, M.D., M.P.H. Charles A. Gargano Commissioner Commissioner New York State Department of Health New York State Department of Economic Coming Tower, Empire State Plaza Development Albany, New York 12237 30 South Pearl Street Albany, New York 12245 William R. Howell Dianne K. Cooper Chairman Outreach & Education Specialist New York State Energy Research and Office of Consumer Education & Advocacy Development Authority State of New York Department of Public Service Corporate Plaza West Three Empire State Plaza 286 Washington Avenue Extension Albany, New York 12223-1350 Albany, New York 12203-6399 Richard Powell Paul Agresta State of New York Department of Public State of New York Department of Public Serviced Service Three Empire State Plaza Three Empire State Plaza Albany, New York 12223-1350 Albany, New York 12223-1350 PRELIMINARY SCOPING STATEI^^^ERVICE LIST ^ •': John Smolinsky, Chief ^^^^ Lenore R. Kuwik ^^^ Environmental Certification and Operations New York State Department of Environmental Office of Electricity and Environment Conservation State of New York Chief, Environmental Analysis Unit Department of Public Service Division of Environmental Permits Three Empire State Plaza 50 Wolf Road Albany, New York 12223-1350 Room 538 Albany, New York 12223-1750 Hon. Robert J. Gaffhey Hon. Patrick R. Vecchio Suffolk County Executive Town Supervisor H. Lee Dennison Building Smithtown Town Hall 100 Veterans Memorial Highway Main Street P.O. Box 6100 Smithtown, New York 11787 Hauppauge, New York 11788 Robert Martin Smithtown Site Plan Review Board Chairperson P.O. Box 575 Smithtown Planning Board Smithtown, New York 11787 P.O. Box 575 Smithtown, New York 11787 Nathan L. Rudgers Alexander F. Treadwell Commissioner Secretary of State New York State Department of Agriculture New York State Department of State and Markets 41 State Street 1 Winners Circle Albany, New York 12231-0001 Albany, New York 12235 Hon. Eliot Spitzer Joseph H. Boardman New York State Attorney General Commissioner The Capitol New York Department of Transportation Albany, New York 12224-0341 Governor Harriman State Campus Building 5 Albany, New York 12232 PRELIMINARY SCOPING STATE: ERVICE LIST • • The Smithtown Library 4i Kings Park Branchi '.LimKy Main Library 1 Church Street 1 North Country Road Kings Park, New York 11754 Smithtown, New York 11787 Commack Branch Library Nesconset Branch Library 3 Indian Head Road 127-20 Smithtown Boulevard Commack, New York 11725 Nesconset, New York 11767 Commack Public Library Northport Public Library 18 Hauppauge Road 151 Laurel Road Commack, New York 11725 Northport, New York 11768 East Northport Public Library Senator James J. Lack 185 Lakefield Road 2nd Senatorial District East Northport, New York 11731 Part of Suffolk County 3B42 New York State Office Building Veterans Memorial Highway Hauppauge, New York 11788-5525 Hon. Carl L. Marcellino Hon. Patricia Acampora New York State Senate lh New York State Assembly, District 1 5 Senatorial District 1149 Old Country Road, Suite B3 Parts of Nassau, Suffolk Counties Riverhead, New York 11901 250 Townsend Square Oyster Bay, New York 11771 PRELIMINARY SCOPING STATEDil^^MERVICE LIST W^ -'• Hon. Robert C. Wertz ^ Hon JohnJ Flanaean^ Y rk at A SS ly DiStriCt 6 SD ? i ?l c . om ' New York State Assembly, District 9 on* ii«' S 75 Woodbine Avenue Smithto^New York 11787 Northport.New York 11768 • .•- PRELIMINARY SCOPING STATE^fci COURTESY COPY LIST #^ George Gatta Alice A. Amrhein Deputy Suffolk County Executive Commissioner H. Lee Dennison Building Suffolk County Department of Economic 100 Veterans Memorial Highway Development P.O. Box 6100 H. Lee Dennison Building Hauppauge, New York 11788 100 Veterans Memorial Highway P.O.