Docket No 192B Oxford

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Docket No. 192B - Oxford

CPV Towantic, LLC Motion to Reopen and Modify the June 23, 1999 Certificate of Environmental Compatibility and Public Need based on changed conditions pursuant to Connecticut General Statutes §4-181a(b) for the construction, maintenance and operation of a 785 MW dual-fuel combined cycle electric generating facility located north of the Prokop Road and Towantic Hill Road intersection in the Town of Oxford, Connecticut.

The deadline for public comments in this matter is on or before Monday, April 27, 2015. Please be advised that public comments are not posted to the webpages for matters as they contain personally identifying information that the authors may not want to be published. A physical public comment file containing all of the comments received for this matter is available for inspection at the Siting Council office during regular business hours.

Certificate Holder's Motion to Reopen and Modify Certificate

Exhibit 1

Exhibit 2

Exhibit 3

Procedural Correspondence

Council Memo to Parties & Intervenors, dated 11/4/14

Council Decision Memo to Parties & Intervenors re Motion to Reopen and Modify Certificate and request for Intervenor Status of Borough of Naugatuck/Borough of Naugatuck Water Pollution Control Authority, 11/14/14

Hearing Notice, 12/12/14

Room Confirmation, 12/12/14

Pre-Hearing Conference Memo, 12/12/14

Council Memo re Council Member Dr. Michael Klemens, 12/12/14

Schedule-Revised -2/27/15

Service List, 2/9/15

Hearing Procedure Memo, 12/19/14

Council's Administrative Notice List

Field Review Notice, 1/6/15

Council Memo re Chairman Stein, 1/14/15

January 15, 2015, Hearing Program

Council Memo re Intervenor Requests, Objection, and Motion; CPV Towantic, LLC Changes to Exhibits, Late-Filed Exhibits, and Council Requests for Additional Information; and Continuation of Evidentiary Hearing, 1/16/15

January 29, 2015, Hearing Program

Council Memo re Decisions on Party/Intervenor Requests; Late-filed exhibits of CPV Towantic, LLC and Raymond Pietrorazio; and Continuation of the Evidentiary Hearing, 1/30/15

February 10, 2015, Hearing Program

Council Memo re Decisions on Party/Intervenor Requests; Late-filed exhibits of CPV Towantic, LLC; Marian Larkin and Greenfields, LLC; and Continuation of the Evidentiary Hearing, 2/11/15

Council Memo re Oxford Flying Club, 2/19/15

CPV Towantic Objection re Oxford Flying Club, 2/19/15

Council Memo re Objections and Continuation of Evidentiary Hearing, 2/25/15

February 24, 2015, Hearing Program

Council Memo re Recusal of Dr. Michael Klemens, 2/27/15

Council Memo re Westover School, 3/9/15

Council Memo re Larkin/Greenfields, LLC Witness Availability, 3/10/15

Council Memo re Objections, Motion, and Request for Extensions of Time and Continuation of Evidentiary Hearing, 3/13/15

March 12, 2015 Hearing Program

March 24, 2015 Hearing Program

Council Memo re Continuation of Evidentiary Hearing, 3/25/15

March 26, 2015, Hearing Program

Council Memo re Close of Evidentiary Record, 3/27/15

Council Request for an Extension of Time, 04/17/16

CPV Towantic, LLC Consent to Extension of Time, 4/20/15

Service List, 8/17/16

Service List, 8/30/16

Transcripts

Afternoon Transcript, 1/15/15

Evening Transcript, 1/15/15

Transcript Receipt Memo, 2/4/15

Transcript, 1/29/15

Transcript Receipt Memo, 2/17/15

Transcript, 2/10/15

Transcript Receipt Memo, 2/20/15

Transcript, 2/24/15

Transcript Receipt Memo, 3/9/15

Transcript, 3/12/15

Transcript Receipt Memo, 4/1/15

Transcript, 03/24/15

Transcript, 03/26/15

Transcript Receipt Memo, 04/16/15

State Agency Comments

Comments from the Connecticut Airport Authority, 12/26/14

Comments from the Department of Public Health, 1/7/15

Comments from the Connecticut Airport Authority to CPV Towantic, LLC, 1/8/15

Comments from the Department of Energy & Environmental Protection, 1/28/15

Comments from the State Historic Preservation Office, 3/9/15

Council Request for Additional State Agency Comments, 3/27/15

Comments from the Connecticut Airport Authority, 4/27/15

Municipal Comments

State Official Comments

Comments from Representative D'Amelio, 1/15/15, and Council Response, 1/22/15

Comments from Senator Hartley, Representative D'Amelio, and Senator Crisco, 3/24/15

Council Response to Senator Hartley, Representative D'Amelio, and Senator Crisco, 3/25/15

Parties and Intervenors

Comments from Jay Halpern, 11/12/14

Comments from Ray Pietrorazio and Request for Extension to Respond, 11/10/14

Town of Middlebury Motion for Extension of Time to Respond, 11/10/14

Borough of Naugatuck and Borough of Naugatuck Water Pollution Control Authority request for Intervenor Status, 11/7/14

Council Decision on Borough of Naugatuck and Borough of Naugatuck Water Pollution Control Authority's request for Intervenor Status, 11/14/14

Comments from the Pomperaug River Watershed Coalition, 11/7/14

Comments from CPV Towantic, LLC, 11/12/14

Town of Middlebury's Objection to CPV Towantic, LLC's Motion to Reopen and Modify Certificate, 11/12/14

Council Memo re Grouping of Parties and Intervenors, 12/12/14

Wayne McCormack request for Intervenor Status, 12/15/14

Council Acknowledgement of Wayne McCormack's Intervenor Request, 12/15/14

Council Decision on Wayne McCormack's request for Intervenor Status, 1/9/15

Naugatuck River Revival Group, Inc. (NRRG) request for Intervenor Status, 1/5/15

Council Acknowledgement of NRRG's Intervenor Request, 1/5/15

Council Decision on NRRG's request for Intervenor Status, 1/9/15

W. Scott Peterson, M.D., President Middlebury Land Trust, Inc. request for Intervenor Status, 1/7/15

Council Decision on Middlebury Land Trust, Inc.'s request for Intervenor Status, 1/9/15

Lake Quassapaug Association, LLC request for Intervenor Status, 1/7/15

Council Decision on Lake Quassapaug Association, LLC's request for Intervenor Status, 1/9/15

Marian R. Larkin, Greenfields, LLC request for Intervenor Status, 1/7/15

Council Decision on Greenfields, LLC's request for Intervenor Status, 1/9/15

Westover School request for Intervenor Status, 1/7/15

Council Decision on Westover School's request for Intervenor Status, 1/9/15

Chester Cornacchia, Westover Hills Subdivision Homeowners, request for Intervenor Status, 1/8/15

Council Decision on Westover Hills Subdivision Homeowners' request for Intervenor Status, 1/9/15

Quassy Amusement Park request for Intervenor Status, 1/7/15

Council Acknowledgement of Quassy Amusement Park's request for Intervenor Status, 1/9/15

Council Decision on Quassy Amusement Park's request for Intervenor Status, 1/16/15

Middlebury Bridle Land Association request for Intervenor Status, 1/8/15

Council Acknowledgement of Middlebury Bridle Land Association's request for Intervenor Status, 1/9/15

Council Decision on Middlebury Bridle Lane Association's request for Intervenor Status, 1/16/15

Dennis Kocyla request for Intervenor Status, 1/8/15

Council Acknowledgement of Dennis Kocyla's request for Intervenor Status, 1/9/15

Council Decision on Dennis Kocyla's request for Intervenor Status, 1/16/15

Naugatuck Valley Audubon Society request for Intervenor Status, 1/8/15

Council Acknowledgement of Naugatuck Valley Audubon Society's request for Intervenor Status, 1/9/15

Council Decision on Naugatuck Valley Audubon Society's request for Intervenor Status, 1/16/15

Oxford Flying Club request for Intervenor Status, 1/9/15

Council Acknowledgement of Oxford Flying Club's request for Intervenor Status, 1/9/15

Council Decision on Oxford Flying Club, Inc.'s request for Intervenor Status, 1/16/15

Town of Oxford's Appearance in Lieu of Representative for Party, 1/22/15

E-Mail Correspondence between Melanie Bachman and Quassy Amusement Park, 3/12/15

E-Mail Correspondence between Melanie Bachman and Scott Peterson, 3/12/15

E-Mail Correspondence between Melanie Bachman and Lake Quassapaug Association, 3/12/15

Comments from Raymond Pietrorazio, 3/27/15

Correspondence from Raymond Pietrorazio, 7/3/15

Pre-hearing Questions and Responses

Council Interrogatories to CPV Towantic, Set 1, 12/12/14

CPV Towantic Responses to Council Interrogatories, Set I, 12/29/14

CPV Towantic Bulk Filing of Council Interrogatory #14, 12/19/14

Pietrorazio Interrogatories to CL&P, 12/22/14

CL&P Responses to Pietrorazio, 1/8/15

Town of Middlebury Interrogatories to CPV Towantic, 12/23/14

CPV Responses to Town of Middlebury Interrogatories, 1/8/15

9a 9b 9c 9d 9e 9f 9g 9h 9i 9j 9k

Borough of Naugatuck/Water Pollution Control Authority Interrogatories to CPV Towantic, 12/23/14

CPV Responses to Borough of Naugatuck/WPCA Interrogatories, 1/8/15

Pre-Hearing Conference Submittal and interrogatories to CPV Towantic, dated December 18, 2014

CPV Responses to Pietrorazio Interrogatories, 1/8/15

Pre-Hearing Submittal and Interrogatories to CPV, dated December 22, 2014

CPV Responses to Pomperaug Interrogatories, 1/8/15

Council Interrogatories to CPV Towantic, Set II, 1/26/15

CPV Responses to Council Interrogatories, Set II, Part I, 2/5/15

CPV Responses to Council Interrogatories, Set II, Part II, 2/16/15

Westover School Interrogatories to CPV Towantic, 1/27/15

CPV Responses to Westover School Interrogatories, 2/10/15

Borough of Naugatuck/Water Pollution Control Authority Interrogatories to CPV Towantic, Set 2, 2/9/15

CPV Responses to Borough of Naugatuck/Water Pollution Control Authority Interrogatories, Set II, 2/24/15

Jay Halpern Interrogatories to CPV Towantic, 2/10/15

CPV Towantic's Objections and Responses to Jay Halpern's Interrogatories, 2/20/15

Council Interrogatories to CPV Towantic, Set III, 2/11/15

CPV Towantic Responses to Council Interrogatories, Set III, Question 1, 2/16/15

CPV Towantic Responses to Council Interrogatories, Set III, 2/19/15

CPV Towantic's Updated Responses to Council Interrogatories, Set III, 2/20/15

Wayne McCormack Interrogatories to the Town of Oxford, 2/17/15

Town of Oxford Responses and Objections to Wayne McCormack's Interrogatories, 3/9/15

Middlebury Bridle Land Association Interrogatories to CPV, 2/23/15

CPV Towantic's Responses to Middlebury Bridle Land Association's Interrogatories, 2/24/15

CPV Towantic Interrogatories to Borough of Naugatuck/Water Pollution Control Authority, 2/24/153

Borough of Naugatuck/Water Pollution Control Authority's Responses and Objections to CPV Towantic's Interrogatories, 3/5/15

Town of Middlebury's Interrogatories to the Town of Oxford, Set I, 2/24/15

Town of Oxford Responses and Objections to the Town of Middlebury's Interrogatories, 3/9/15

Town of Middlebury's Interrogatories to CPV Towantic, Set II, 2/24/15

CPV Towantic's Responses to the Town of Middlebury's Interrogatories, Set II, 2/24/15

Westover School Interrogatories to CPV Towantic, Set II, 2/24/15

CPV Towantic's Responses to Westover School Interrogatories, Set II, 2/24/15

Marian Larkin/Greenfields, LLC Interrogatories to CPV Towantic, 2/24/15

CPV Towantic's Responses and Objections to Marian Larkin/Greenfield, LLC Interrogatories, 2/24/15

Pre-filed Hearing Testimony and Documents

CPV Towantic, L.L.C.

Pre-Hearing Conference Submittal, dated November 12, 2014

CPV Towantic Pre-hearing Submission, 1/8/15

CPV Townatic's Witness Update, 1/13/15

CPV Towantic's Public Hearing Presentation, 1/13/15

CPV Towantic's Late Filed Exhibits, 1/22/15

Attachments to Late Filed Exhibits

CPV Towantic's Updated Witness Panel and Resume of Jon Donovan, 1/23/15

CPV Towantic's Late Filed Exhibits, 2/5/15

CPV Towantic's Late Filed Exhibits 2c and 2i, 2/16/15

Bulk Filing of Late Filed Exhibit 2c, 2/16/15

CPV Towantic's Late Filed Exhibits, 2/17/15

CPV Towantic's Witness Update and Resume, 2/18/15

CPV Towantic's Additional Submittal and Request for Administrative Notice, 3/3/15

Attachment #2

CPV Towantic's Submittal of CT DEEP Category 2 Screening for Section 401 Water Quality Certification Letter, 3/13/15

CPV Towantic's Analysis of Proposed Consistency with Final Connecticut 2014 Integrated Resources Plan, 3/23/15

CPV Towantic's Late Filed Submittal of Information Provided to the Naugatuck Wastewater Treatment Facility Manager, dated March 25, 2015

Raymond Pietrorazio

Pre-Hearing Conference Submittal and interrogatories to CPV Towantic, dated December 18, 2014

Pre-Hearing Submittal w/o attachments, 1/7/15 (attachments provided on CD and available upon request)

Pre-Filed Submission, dated 1/14/15

Late-Filed Exhibits, dated 2/3/15

Connecticut Light & Power Company

Pre-Hearing Conference Submittal, dated December 18, 2014

Pre-Filed Testimony, dated January 8, 2015

Notification of Witness Availability, dated January 29, 2015

Borough of Naugatuck and Borough of Naugatuck Water Pollution Control Authority

Pre-Hearing Conference Submittal, dated December 18, 2014

Correspondence from Naugatuck Water Pollution Control Authority, dated January 30, 2015

Borough of Naugatuck/WPCA Witness List, dated March 23, 2015

Pomperaug River Watershed Coalition

Pre-Hearing Submittal and Interrogatories to CPV, dated December 22, 2014

Pre-Filed Testimony of PRWC, dated January 6, 2015

Additional Pre-Filed Testimony of PRWC, dated February 3, 2015

PRWC Second Additional Pre-Filed Testimony, dated March 2, 2015

Naugatuck Valley Audubon Society

Pre-Hearing Submission, 1/10/15

Pre-Filed Testimony, 2/3/15

Naugatuck State Forest Bird Checklist

Pre-Filed Testimony, 3/3/15

National Atmospheric Deposition Data 2000 - 2013

Middlebury Land Trust

Pre-Hearing Submission, Exhibits, and Motion for Extension of Time 1/21/15

Westover School

Westover School Statement of Position, 1/23/15

Marian Larkin & Greenfields, LLC

Statement of Marian Larkin & Greenfields, LLC, 1/27/15

Revised Statement of Marian Larkin & Greenfields, LLC, 1/28/15

Bulk Filing of Aerial Map, received on February 10, 2015

Review of Plume Rise and Meteorological Issues Regarding the Proposed CPV Towantic Energy Center, prepared by Egan Environmental, 3/3/15

Additional Statement of Marian Larkin, 3/4/15

Marian Larkin & Greenfields, LLC Witness availability letter, 3/9/15

Middlebury Bridle Land Association

Statement ofMiddlebury Bridle Land Association, 1/28/15

Pre-filed Testimony of Middlebury Bridle Land Association, 3/2/15

Wayne McCormack

Pre-hearing submission of Wayne McCormack, 2/17/15

Burton Stevens-Oxford Flying Club

Letter from Burton Stevens to FAA, dated February 23, 2015

Naugatuck River Revival Group

Transcript of Naugatuck River Revival Group's Video "Meet the Naugatuck River", 3/2/15 - Video available upon request.

Naugatuck River Revival Group Pre-Filed Testimony, 3/3/15

Naugatuck River Revival Group Bird Exhibit, 3/3/15

Town of Middlebury

Town of Middlebury Pre-Filed Testimony, 3/3/15

Jay Halpern

Pre-Filed Submission of Jay Halpern, 3/5/15

Westover Hills Subdivision Homeowners

Pre-Filed Testimony of Westover Hills Subdivision Homeowners, 3/3/15

Quassy Amusement Park

Quassy Amusement Park Pre-Filed Testimony, 3/3/15

Motions, Briefs and Findings of Fact

CPV Towantic's Objection to McCormack's Submission of Petition, 1/13/15

Town of Middlebury's Motion for Continuance, 1/15/15

Jay Halpern Request for Moratorium, 1/26/15

Naugatuck Valley Audubon Society Request for 30-day Extension, 2/2/15

CPV Towantic's Request for Extension of Time to File Responses to CSC Interrog, 2/5/15

CPV Towantic's Request for Extension of Time to File Late Filed Exhibits, 2/5/15

Council Decision of Extension Request 02/06/15

Request from Middlebury Land Trust for a 90-day extension to provide expert testimony, dated January 21, 2015

Request from Westover School for 90-day extension, dated January 23, 2015

Joint Request from Raymond Pietrorazio and the Town of Middlebury for the Council to extend the deadline for public hearings and submission of testimony until 90-days following the conclusion of reviews by the DEEP and FAA, received January 16, 2015

Request for Production by Marian Larkin/Greenfields, LLC directed to CPV Towantic, 2/24/15

CPV Towantic's Response to Marian Larkin/Greenfields, LLC Request for Production, 2/24/15

Borough of Naugatuck/WPCA Motion for Request for Extension of Time to Respond to

Interrogatories, dated March 2, 2015

Council Decision on Borough of Naugatuck/WPCA's Request, dated March 2, 2015

Ray Pietrorazio and Town of Middlebury Request for Extension of Time, dated March 3, 2015

Westover Hills Subdivision Homeowners Request for an Extension of Time, dated March 3, 2015

Town of Middlebury Motion for Examination of Site, dated March 3, 2015

CPV Towantic's Request for Additional Administrative Notice, dated March 10, 2015

Council's Draft Findings of Fact and Memo 04/17/15

CPV Towantic's Comments on Council's Draft Findings of Fact, 4/24/15

Eversource Energy's (CL&P) Comments on Council's Draft Findings of Fact, 4/24/15

Pomperaug River Watershed Coalition's Comments on Council's Draft Findings of Fact, 4/24/15

Town of Middlebury/Raymond Pietrorazio Post Hearing Brief, 4/24/15

Wayne McCormack Post Hearing Brief, 4/27/15

Naugatuck River Revival Group Comments on Council's Draft Findings of Fact, 4/27/15

>Raymond Pietrorazio Comments on NRRG's DFOF Comments, 4/27/15

Eversource Energy (CL&P) Post Hearing Brief, 4/27/15

Oxford Flying Club Comments on Council's Draft Findings of Fact, 4/27/15

>Raymond Pietrorazio Comments on Oxford Flying Club's DFOF Comments, 4/27/15

CPV Towantic's Post Hearing Brief, 4/27/15

Town of Middlebury's Post Hearing Brief, 4/27/15

>Errata Sheet for Town of Middlebury's Post Hearing Brief, Page 3, 4/28/15

Town of Middlebury's Proposed Findings of Fact, 4/27/15

Marian Larkin/Greenfields LLC Post Hearing Brief, 4/27/15

Westover Hills Subdivision Post Hearing Brief, 4/27/15

Council Memo re Revised Draft Findings of Fact, 4/30/15

Council's Revised Draft Findings of Fact, 4/30/15

Wayne McCormack Comments on Council's Revised Draft Findings of Fact, 5/4/15

Westover Hills Homeowners Comments on Council's Revised Draft Findings of Fact, 5/7/15

Marian Larkin/Greenfields LLC Comments on Council's Revised Draft Findings of Fact, 5/8/15

Town of Middlebury Comments on Council's Revised Draft Findings of Fact, 5/7/15

Raymond Pietrorazio and the Town of Middlebury's Comments on Council's Revised Draft Findings of Fact, 5/7/15

Decision

Council Decision Letter and Certification, 5/20/15

Certified Mail Receipt Cards

Council's Findings of Fact

Council's Opinion

Council's Decision & Order

Council Memorandum Regarding Modified Certificate 07/13/15

Certificate Holder's Filing in Compliance with Council Decision & Order 1s and 1t, FAA and NWPCA Documents, dated 7/21/15

Certificate Holder's Filing in Compliance with Council Decision & Order 1u, DEEP Air Emission Permits, dated December 2, 2015

Development & Management Plan

Development & Management Plan Submittal Letter, 7/17/15

D&M Plan

Condition E Condition F Condition I Condition Q Condition V

Request for Approval of Special Inspector, 12/11/15

D&M Interrogatories

Council Interrogatories to CPV Towantic, 7/29/15

CPV Towantic Responses to Council Interrogatories, 8/12/15

Attachment 16

Council Interrogatories to CPV Towantic, 9/4/15

CPV Towantic Responses to Council Interrogatories, Set II, 9/10/15

Comments

Pomperaug River Watershed Coalition Comments on the D&M Plan, 7/29/15

Town of Southbury Comments on the D&M Plan, 8/25/15

Town of Southbury Additional Comments on the D&M Plan, 9/1/15

Motions

Town of Southbury's Request for Council to Postpone Decision on D&M Plan, 8/11/15

Correspondence

Council Request for Extension on Decision on D&M Plan, 9/4/15

CPV Towantic's Consent to Council's Request for Extension on D&M Plan Decision, 9/8/15

CPV Towantic's Submittal of Additional Federal Aviation Administration Document, 9/17/15

CPV Towantic's Submittal of Contact Information for Special Inspector, 1/13/16

Council State Agency Memorandum Regarding C.G.S. §16-50jj, 10/23/17

D&M Plan Decision

Council Decision on D&M Plan, 9/4/15

Council Decision on D&M Plan, Section (e) Erosion and Sedimentation Control Plan, 09/18/15 Council Decision on Special Inspector, 1/8/16

CPV Towantic's Notice of Site Clearing Activity, 10/1/15

CPV Towantic's Submittal of DEEP Permits, Notice of Site Clearing Activities, and Estimated Construction Start Date, 12/9/15

CPV Towantic's Notification of Planned Transaction, 8/15/16

Council Acknowledgement of CPV's Notification of Planned Transaction, 8/16/16

CPV Towantic's Pipeline Cleaning Notification, 10/16/17

Council Acknowledgement of Pipeline Cleaning Notification, 10/19/17

CPV Towantic's Compliance with Condition No. 1(f) vii of the Decision and Order - contact information, 10/24/17

CPV Towantic's Compliance with D&M Condition (g) - Operational Noise Measurement Protocol Plan, 01/17/18

Notification for Commencement of Facility Testing, 04/09/18

Completion and Construction and Commencement of Site Operation, 05/03/18

CPV Towantic Holding Company, LLC Notification of Planned Transaction and Council Acknowledgement, 11/02/18

Aircraft Services Corporation Notification of Planned Transaction and Council Acknowledgement, 11/02/18

Wetland Mitigation Monitoring Report No. 1, 03/08/19

Wetland Mitigation Monitoring Report No. 2, 12/20/19

Operations Plan

CPV Towantic's Compliance with Section 3 of the Decision and Order Operations Plan, 2/23/2018

Council's Approval of Operations Plan, 2/27/2018

Commencement of Operation (Decision & Order Compliance with Condition 4(c)), 05/16/18

Final Noise Monitoring Test Report and Council Acknowledgement, 05/21/18

Notice of Completion of Site Rehabilitation, 03/19/19

Quarterly Reports

Final Construction Report, 07/11/19

Council Acknowledgement of Final Construction Report, 07/12/19

First Year Operating Report, 07/17/19

Council Acknowledgement of First Year Operating Report, 07/19/19

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Party, Intervenor, and Limited Appearance Participation Information

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Once an application is approved the applicant then must file what is known as a Development & Management (D&M) Plan, which addresses several details including construction, design, etc., for Council approval prior to construction.

The Council often receives public comment letters with regard to a proceeding. These files are open for public viewing in the Council’s office during normal business hours.

Connecticut Siting Council-Beta

Docket No. 192B - Oxford