DOCKET NO. 470 – NTE Connecticut, LLC application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of a 550-megawatt dual-fuel combined cycle electric generating facility and associated electrical interconnection switchyard located at 180 and 189 Lake Road, Killingly, Connecticut.
APPLICATION
Volume 1
Volume 2 - Table of Contents
- Appendix A - Notice and Service Documentation
- Appendix B - Analysis of Need and Economic & Environmental Impacts
- Appendix C - Geotechnical Engineering Report
- Appendix D - Stormwater Pollution Prevention Plan
- Appendix E - Wetland Information Proposed - Existing
- Appendix F - Ecological Report Section1Part 1 Assessment Report Part 2
- Section 2 Invertebrate Survey Section 3 and 4 Bat Monitoring/Agency Correspondence
Volume 3 - Table of Contents
- Appendix G-1 - Air Analysis/G-2 - Technology Selection Memo/G-3 - Air Quality
- G-4 - Air Permit Application for Stationary Sources of Air Pollution - New Source Review
Volume 4 - Table of Contents
- Appendix H - Water
- Appendix I - Traffic Impact Report
- Appendix J - FAA Determination
- Appendix K - Visual Impact Assessment
- Appendix L - Sound Survey and Analysis Report
- Appendix M - Electric and Magnetic Field Assessment
- Appendix N - Cultural Resource Information
Bulk Filing
- Technical Report, 5/3/16
- Town of Killingly Zoning Regulations
- Town of Killingly Plan of Conservation and Development
- Town of Killingly Inland Wetlands and Watercourses Regulations
PROCEDURAL CORRESPONDENCE
- Municipal Fund Letter 08/19/16
- Completeness Review, 9/15/16
- Council Interrogatories to NTE Connecticut, LLC, 9/23/16
- Council Interrogatories to NTE Connecticut, LLC, Set II, 10/17/16
- Council Memorandum Regarding Requests, Motions and the Continuation of the Evidentiary Hearing, 11/07/16
- Council Memorandum Regarding Requests, Motions and the Continuation of the Evidentiary Hearing, 11/16/16
- Council Memorandum Regarding Requests, Motions and the Continuation of the Evidentiary Hearing, 12/19/16
- Council Memorandum Regarding Requests, Motions and the Continuation of the Evidentiary Hearing, 01/11/17
- Council Request for Extension of Decision Deadline, 01/12/17
- NTE Response to CSC Request for Extension, 01/12/17
- Council Memorandum Regarding the Close of the Evidentiary Record, 01/26/17
- Council Memorandum Regarding the NTE Motion to Reopen Evidentiary Record, 02/14/17
- Council Letter to Wyndham Land Trust President Regarding Written Limited Appearance Statement Letter, 02/27/17
- Council Letter to Carolyn Johnston (NAPP member) Regarding Written Limited Appearance Statement Letter, 02/27/17
- Council Memorandum Regarding the Reopening of the Evidentiary Record, 03/03/17
- Council Second Request for Extension of Decision Deadline, 03/10/17
- NTE Response to Second CSC Request for Extension, 03/10/17
- Council Memorandum (Admin. Notice Decisions and Close of Record Date), 03/23/17
STATE AGENCY COMMENTS
- Department of Transportation, 9/15/16
- Department of Public Health, Drinking Water Section, 10/24/16
- Department of Energy and Environmental Protection, 11/07/16
- Department of Public Health, Drinking Water Section, 01/19/17
MUNICIPAL COMMENTS
PUBLIC OFFICIAL COMMENTS
HEARING INFORMATION
- Hearing Notice Package, 9/16/16
- Pre-Hearing Conference Memo, 9/20/16
- Proposed Hearing Procedure
- Council Administrative Notice
- Hearing Procedure Memo, 9/29/16
- Field Review Notice, 10/14/16
Schedule
- Schedule, 9/16/16
- Revised Schedule, 10/19/16
- Revised Schedule, 11/16/16
- Revised Schedule, 01/18/17
- Revised Schedule, 03/08/17
- Revised Schedule, 03/17/17
Service List
- Service List, 8/17/16
- Service List, 9/29/16
- Service List, 10/21/16
- Service List 11/03/16
- Service List, 01/22/18
Hearing Program
- Hearing Program 11/03/16
- Hearing Program, 11/15/16
- Hearing Program, 12/15/16
- Hearing Program, 01/10/17
- Hearing Program, 01/26/17
- Hearing Program, 03/23/17
Transcripts
- Evening Public Session Transcript, 10/20/16
- Transcript Receipt Memorandum, 11/03/16
- Evidentiary Hearing Transcript, 11/03/16
- Transcript Receipt Memorandum, 11/10/16
- Evidentiary Hearing Transcript, 11/15/16
- Transcript Receipt Memorandum, 12/01/16
- Evidentiary Hearing Transcript 11 a.m., 12/15/16
- Confidential Transcript Memorandum, 12/20/16
- Transcript Receipt Memorandum 11 a.m., 12/21/16
- Redacted Evidentiary Hearing Transcript 2 p.m., 12/15/16
- Redacted Transcript Receipt Memorandum, 01/10/17
- Evidentiary Hearing Transcript, 01/10/17
- Transcript Receipt Memorandum, 01/26/17
- Evidentiary Hearing Transcript, 01/26/17
- Transcript Receipt Memorandum, 02/01/17
- Evidentiary Hearing Transcript, 03/23/17
- Transcript Receipt Memorandum, 03/29/17
PARTIES AND INTERVENORS
APPLICANT - NTE CONNECTICUT, LLC (NTE)
Exhibits
- Affidavit of Publication, 8/24/16
- Redacted Option Agreement, 8/25/16
- Notification Pursuant to C.G.S. § 16-50l(e) Pre-Application Municipal Consultation, 9/1/16
- Environmental Justice Plan Submission and DEEP Approval, 09/28/16
- NTE Responses to Council Interrogatories, 10/7/16
- ICF Assessment of New England's Natural Gas
Pipeline Capacity Report - NTE Cover Letter re Response to Council Interrogatory Number 68, 10/13/16
- NTE Response to Council Interrogatory Number 68
- NTE Cover Letter re Sign Posting Affidavit, 10/13/16
- NTE Sign Posting Affidavit
- NTE Cover Letter re Proposed Site Walk Plan, 10/13/16
- NTE Proposed Site Walk Plan
- NTE’s Updated “Attachment 7” to the Notification Pursuant to C.G.S. §16-50l(e) Pre-application Municipal Consultation, 10/13/16
- NTE's Pre-Filed Submittal Letter, 10/27/16
- Witness Resumes
- Kevin Fowler Experience Summary, 11/02/16
- NTE's Appeal of and Responses to the Municipal Regulate and Restrict Orders, 10/27/16
- NTE's Responses to Council Interrogatories, Set II, 10/27/16
- NTE's Redacted Responses to NAPP's Interrogatories, 10/27/16
- NTE's Power Point Presentation from the October 20, 2016 Public Comment Session, 10/27/16
- Memorandum from TetraTech to the Dep. of Energy and Environmental Protection Regarding Additional Killingly Energy Center Updates, 11/02/16
- NTE's Supplemental Responses to Council Interrogatories 83 and 84, 11/15/16
- NTE's Response to Council's 11/7/16 Memorandum Regarding Late-Filed Exhibits, 11/28/16
- NTE's Response to Council's 11/7/16 Memorandum Regarding Late-Filed Exhibit - Gray Water Usage, 12/01/16
- NTE's Supplemental Response to Council's 11/16/16 Memorandum Regarding Late-Filed Exhibits, 12/08/16
- NTE's Redacted Rebuttal Testimony of Ethan Paterno, 12/08/16
- NTE's Rebuttal Testimony of Michael Bradley, 12/08/16
- NTE's Supplemental Response to CSC Interrogatory 59, 12/08/16
- Connecticut Water Company letter, dated December 14, 2016, to Mark Mirabito, Chief Operating Officer of NTE Energy
- NTE's Killingly Energy Center Environmental Justice Plan Final Report, dated December 6, 2016
- NTE's Sloped Demand Curve Sketches by Ethan Paterno during the Sierra Club's cross-examination of the Applicant at the December 15, 2016 hearing
- Supplemental Testimony of Seth Shortlidge, 02/13/17
Correspondence
- Letter from Ken Baldwin on behalf of NTE to Sean Hendricks of the Town of Killingly, 10/4/16
- Letter from Ken Baldwin on behalf of NTE to John R. Bashaw, Esq. representative for NAPP, 10/4/16
- NTE's Pre-Filed Submittal Letter, 10/27/16
- NTE Response to CSC Request for Extension, 01/12/17
- NTE Response to Second CSC Request for Extension, 03/10/17
Motions and Objections
- Motion for Protective Order to Certain Terms of an Option Agreement, 8/29/16
- Council Decision on Motion for Protective Order for Certain Terms of an Option Agreement, 9/16/16
- Signed Protective Order on Option Agreement
- Applicant's Request for Clarification Regarding Party Status and Notice of Intervention, 9/22/16
- Applicant's Objection to NAPP's Motion to Extend Deadline for Pre-Filed Testimony, 10/11/16
- NTE's Motion for Protective Order Regarding Responses 1, 3, 4, 5, 8, 10, and 11 to NAPP's Interrogatories, 10/27/16
- Protective Order Regarding Responses 1, 3, 4, 5, 8, 10 & 11 to NAPP's Interrogatories
- NTE's Appeal of the Municipal Regulate and Restrict Orders, 10/27/16
- NTE's Objection to NAPP's Motion for Stay and/or to Dismiss, 11/02/16
- NTE's Objection to Connecticut Fund for the Environment's Motion to Dismiss, 11/03/16
- NTE's Supplemental Request for Administrative Items, 12/08/16
- NTE's Proposed Redactions to the December 15, 2016 Closed Proceeding Transcript, 12/29/16
- Motion to Reopen Record for Limited Purpose and to Modify Briefing Schedule, 02/13/17
- Supplemental Testimony of Seth Shortlidge, 02/13/17
- NTE's Response to Opposition Filed by Not Another Power Plant, Wyndham Land Trust, Sierra Club and Connecticut Fund for the Environment, 02/24/17
- NTE's Objection to NAPP, Wyndham Land Trust, and Sierra Club's Joint Request for Administrative Notice, 03/22/17
Post Hearing Briefs and Draft Findings of Fact
- NTE's Cover Letter, 04/24/17
- NTE's Proposed Findings of Fact, 04/24/17
- NTE's Proposed Brief, 04/24/17
- NTE's Comments on the Draft Findings of Fact, 05/04/17
PARTY/CEPA INTERVENOR - NOT ANOTHER POWER PLANT (NAPP)
Exhibits
- NAPP Request for Party and CEPA Intervention Status, 9/14/16
- NAPP List of Members, 10/13/16
- NAPP's Pre-Filed Submission, 10/27/16
- NAPP and Sierra Club's Redacted Direct Testimony of Robert Fagan with Attachments, 11/15/16:
- Attachment 1-ISO NE 2016 CELT, Selected Pages.
- Attachment 2-State of Charge: Massachusetts Energy Storage Initiative, Executive Summary.
- Attachment 3-ISO NE FCA 10 Result Summary Page, Surplus Capacity Indication.
- Attachment 4-ISO NE FERC Informational Filing, and Revised ICR Values for 2020/2021, Presentation.
- Attachment 5-ISO NE Webpage: Overview and Timeline of Reconfiguration Auctions and CSO Bilateral Periods.
- Attachment 6-ISO NE Slide on New England State RPS and GHG Reduction Requirements.
- Attachment 7-Analysis Group: "Power System Reliability in New England, Meeting Electric Resource Needs in an Era of Growing Dependence on Natural Gas".
- Attachment 8-ISO NE ICR Values Report 2019/2020 (FCA 10) FERC Filing January 2016.
- Attachment 9-ISO NE ICR Updated Values for 2017/2018, 2018/2019, 2019/2020 ARAs, Presentation.
- Attachment 10-ISO NE Selected Pages from September 2016 COO Presentation - Summer 2016 Peak Load.
- Attachment 11-ISO NE, Selected Slides from Presentation on "The Transformation of the New England Power System: Infrastructure Needs and Market Implications".
- Attachment 12-ISO NE 2016 PV Forecast.
- Attachment 13-ISO NE Remarks to FERC, Winter Reliability, October 2016.
- Attachment 14-Synapse Energy Economics, "The RGGI Opportunity", February 2016.
- Attachment 15-ISO NE 2015 Regional System Plan – Section 10, Integration of Variable Energy Resources.
- Attachment 16-ISO NE 2016 Economic Studies - Draft Results – Key Pages.
- Attachment 17-CT DEEP, GC3 Analysis, Data, and Metrics Meeting, July 26, 2016. Presentation.
- Attachment 18-CT DEEP 2013 GHG Emissions Inventory
- NAPP and Sierra Club's Surrebuttal Testimony of Robert Fagan, 12/22/16
Correspondence
- Council Acknowledgement of NAPP's Request, 9/16/16
- NAPP Response to Request for Clarification Regarding Party Status and Notice of Intervention, 9/26/16
- Supplemental Response to Request for Clarification, 09/28/16
- Council Decision on NAPP's Request for Party and CEPA Intervention Status, 9/30/16
- NAPP Interrogatories to NTE, 10/20/16
- Jason Anderson E-Mail Resigning as NAPP Member, 01/11/18
Motions and Objections
- NAPP Motion to Extend Deadline for Pre-Filed Testimony, 10/7/16
- Council Decision on NAPP's Motion to Extend Deadline for Pre-Filed Testimony, 10/17/16
- Request for Clarification Regarding 11/3/16 Evidentiary Hearing Procedures 10/31/16
- NAPP Motion for Stay and/or to Dismiss the Application of NTE Connecticut, LLC in Docket No. 470, 11/01/16
- NAPP Motion to Further Extend the Pre-filed Testimony Deadline of NAPP's Energy Needs Expert, 11/02/16
- Sierra Club and NAPP Motion for Leave to File Surrebuttal Testimony, 12/22/16
- Grouped Parties Motion for Leave to Supplement the Record by Taking Administrative Notice, 02/10/17
- NAPP and Wyndham Land Trust Opposition to Motion for Leave to Reopen Record and to Modify Briefing Schedule, 02/23/17
- NAPP, Wyndham Land Trust, Connecticut Fund for the Environment, and Sierra Club Joint Request for Administrative Notice, 03/16/17
- Joint Request Attachment - ISO-NE's Feb. 28, 2017 FCA Results Filing in FERC docket ER17-1073-000
- NAPP, Wyndham Land Trust, and Sierra Club Joint Request for Administrative Notice, 03/21/17
Post Hearing Briefs and Draft Findings of Fact
- Not Another Power Plant and Wyndham Land Trust Proposed Findings of Fact, 04/24/17
- Not Another Power Plant and Wyndham Land Trust Post-Hearing Brief, 04/24/17
PARTY - TOWN OF KILLINGLY
Exhibits
- Town of Killingly Request for Party Status, 9/15/16
- TRC Environmental Corporation’s Recommendations for CSC Conditions and Third Party Document Review with Killingly Energy Center’s Response to the Third-Party Document Review attached, submitted 10/13/16
- Town of Killingly Planning and Zoning Commission Order of Regulations and Restrictions Pursuant to C.G.S. §16-50x, submitted 10/13/16
- Town of Killingly Inland Wetlands and Watercourses Commission Order of Regulations and Restrictions Pursuant to C.G.S. §16-50x, submitted 10/13/16
- Town of Killingly Noise Ordinance
- Town of Killingly Town Council Correspondence, 12/15/16
Correspondence
- Council Acknowledgement of the Town of Killingly's Request, 9/16/16
- Council Decision on the Town of Killingly's Request for Party Status, 9/30/16
- Town of Killingly’s List of Witnesses and Exhibits, submitted 10/13/16
PARTY - SIERRA CLUB
Exhibits
- Sierra Club Request for Party or Intervenor Status, 10/25/16 Cover Letter from Sierra Club, 10/25/16
Correspondence
- Council Acknowledgement of the Sierra Club's Request, 10/27/16
- Council Decision on Sierra Club's Status Request, 11/07/16
Motions and Objections
- Sierra Club Request for Preliminary Prefiled Administrative Notice Items, 10/27/16
- Sierra Club's First Supplemental Administrative Notice Items and Exhibits, 11/08/16
- Sierra Club's Second Supplemental Request for Administrative Notice Items, 11/14/16
- Sierra Club's Motion to Appear Pro Hac Vice of Joshua Berman, 12/23/16
- Sierra Club's Corrected Pro Hac Vice filing for Joshua Berman, 02/01/17
- Sierra Club's Third Supplemental Request for Administrative Notice Items, 01/09/17
- Sierra Club and Connecticut Fund for the Environment Opposition to Motion for Leave to Reopen Record and Modify Briefing Schedule, 02/23/17
Post Hearing Briefs and Draft Findings of Fact
- Sierra Club Cover Letter, 04/24/17
- Sierra Club Proposed Findings of Fact, 04/24/17
- Sierra Club Post-Hearing Brief, 04/24/17
- Sierra Club Comments on the Draft Findings of Fact, 05/04/17
PARTY - CONNECTICUT FUND FOR THE ENVIRONMENT
Exhibits
Correspondence
- Council's Acknowledgement of the Connecticut Fund for the Environment's Request, 10/27/16
- Council's Decision on Connecticut Fund for the Environment's Status Request, 11/07/16
Motions and Objections
- Connecticut Fund for the Environment Motion to Dismiss the Application, 11/02/16
- Connecticut Fund for the Environment Memorandum of Law in Support of Motion to Dismiss, 11/02/16
Post Hearing Briefs and Draft Findings of Fact
PARTY - WYNDHAM LAND TRUST, INC.
Exhibits
- Wyndham Land Trust, Inc. Request for Party Status and Notice of CEPA Intervention, 10/27/16
- Wyndham Land Trust, Inc. President, Ben Williams, Letter to Robert A. Stein, 8/30/16
- Pre-Filed Testimony of Benjamin Williams, President, Wyndham Land Trust, Inc., received 12/08/16
Correspondence
- Council's Acknowledgement of the Wyndham Land Trust, Inc.'s Request, 10/27/16
- Council's Decision on Wyndham Land Trust, Inc.'s Status Request, 11/07/16
DRAFT FINDINGS OF FACT
DECISION
- Decision Package, 05/16/17 (complete package)
- Decision Documents
- Findings of Fact
- Opinion
- Decision and Order
NTE CONNECTICUT LLC MOTION TO REOPEN AND MODIFY THE DECISION IN DOCKET NO. 470 DUE TO CHANGED CONDITIONS
- Cover Letter, 01/19/18
- NTE Connecticut LLC Motion to Reopen and Modify, 01/19/18
- Motion Exhibit 1 - Testimony of Timothy Eves, 01/11/18
- Motion Exhibit 2 - Testimony of Paul J. Hibbard, 01/15/18
- Motion Exhibit 3 - Overview in Support of Petition for Changed Conditions - Killingly Energy Center, 01/2018
- Council Request for Comments Memorandum on Motion to Reopen and Modify, 01/19/18
- Connecticut Fund for the Environment and Wyndham Land Trust Comment on NTE Motion to Reopen and Modify, 01/31/18
- NAPP Comment on NTE Motion to Reopen and Modify, 02/06/18
- NTE Connecticut LLC Withdrawal of Motion to Reopen and Modify, 02/08/18
NTE CONNECTICUT LLC MOTION TO REOPEN AND MODIFY THE DECISION IN DOCKET NO. 470 DUE TO CHANGED CONDITIONS
- Cover Letter
- NTE Connecticut LLC Motion to Reopen and Modify, 01/18/19
- Exhibit 1 - Pre-Filed Testimony of Timothy Eves, 01/18/19
- Exhibit 2 - Pre-Filed Testimony of Paul J. Hibbard, 01/18/19
- Exhibit 3 - Environmental Overview in Support of Petition for Changed Conditions, 01/19
- Council Request for Comments Memorandum on Motion to Reopen and Modify, 01/18/19
- Notice of Appearance, Katherine M. Fiedler, Esq., from Connecticut Fund for the Environment, 2/5/19
- Connecticut Fund for the Environment, NAPP, Sierra Club, and Wyndham Land Trust Response to NTE Connecticut LLC Motion to Reopen and Modify, 2/7/19
- Timothy Eves Affidavit, 2/7/19
- NTE Connecticut, LLC's Reply to Intervenors' Response to NTE's Motion to Reopen, 02/11/19
- Council Decision on Motion to Reopen and Modify, 2/15/19
- Schedule, 2/15/19
Party, Intervenor, and Limited Appearance Participation Information
If you are interested in becoming a party or intervenor in this proceeding, click here for more information.
If you would like to make a limited appearance statement (public comment), click here.
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.