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Lr Hearing - Cricket Valley Feis Section 1
	ML12305A342
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Site:	Indian Point
Issue date:	10/31/2012
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IPRenewal NPEmails From: Wentzel, Michael Sent: Wednesday, October 31, 2012 12:48 PM To: IPRenewal NPEmails

Subject:

Cricket Valley FEIS Section 1 Attachments: CVE_FEIS_-_Section_1_-_Project_Description_-_final.pdf Michael Wentzel Project Manager NRR/DLR/RPB2 (301) 415-6459 michael.wentzel@nrc.gov 1

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Cricket Valley FEIS Section 1 Sent Date: 10/31/2012 12:48:23 PM Received Date: 10/31/2012 12:48:29 PM From: Wentzel, Michael Created By: Michael.Wentzel@nrc.gov Recipients:

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Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Section 1 - Project Description

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY

1. Project Description 1-1 1.1 Introduction to the FEIS 1-1 1.2 Project Refinements Since the DEIS 1-2 1.3 Summary of Project Characteristics and Proposed Mitigation Measures 1-4 1.3.1 Project Purpose, Public Need and Benefits 1-5 1.3.2 Site Description 1-8 1.3.3 Construction Worker Parking and Equipment Laydown Site 1-10 1.3.4 Site Preparation and Demolition 1-11 1.3.5 Facility Overview 1-13 1.3.6 Project Layout and Access 1-14 1.3.7 Electric Transmission Interconnection 1-16 1.3.8 Natural Gas Interconnection Pipeline 1-17 1.3.9 Safety and Security 1-18 1.3.10 Involved and Interested Agencies, Permits and Approvals 1-19 1.3.11 Project Schedule 1-21 1.4 Responses to Comments on the DEIS 1-21 1.4.1 General and editorial comments 1-21 1.4.2 Requests for Additional Hearing or Review 1-45 1.4.3 Displacement and the Need for Power 1-61 1.4.4 Alternatives Analysis 1-98 1.4.5 Cumulative Impacts 1-111 1.4.6 Project Fuel Source 1-115 1.4.7 Project Safety 1-123 1.4.8 Project Benefits 1-132 1.5 Conclusions 1-144 1.6 References 1-144 Table of Contents - Project Description Page 1-i

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Figures (provided following the text)

Figure 1-1 Current Project Property Figure 1-2 Proposed Temporary Construction Area - Former Rasco Parcel Figure 1-3 Remote Laydown Site Location Figure 1-4 Proposed Temporary Construction Area - Remote Laydown Site Figure 1-5 Project Plot Plan Figure 1-6 Project Power Island Details Figure 1-7 Updated Project Rendering Figure 1-8 Project Construction Schedule Tables Table 1-1 Status of Permits and Approvals for the Cricket Valley Energy Project 1-19 Table 1-2 Response to General or Editorial Comments 1-22 Table 1-3 Responses to Comments Regarding Requests for Additional Hearing or Review 1-46 Table 1-4 Responses to Comments Regarding Displacement and the Need for Power 1-65 Table 1-5 Responses to Comments Regarding Potential Project Alternatives 1-99 Table 1-6 Responses to Comments Regarding Cumulative Impacts 1-112 Table 1-7 Responses to Comments Regarding Project Fuel Source 1-116 Table 1-8 Responses to Comments Regarding Project Safety and Odor 1-125 Table 1-9 Responses to Comments Regarding Project Benefits 1-133 Appendices Appendix 1-A Comments Received on the DEIS Appendix 1- B Responses to Comments Received on the DEIS Appendix 1-C DEIS HearingTranscripts Appendix 1-D Responses to Comments Received in DEIS Transcripts Appendix 1-E Plans for Temporary Use of the Former Rasco Parcel Appendix 1-F Plans for Temporary Use of the Remote Laydown Site Table of Contents - Project Description Page 1-ii

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY List of Acronyms and Abbreviations - Section 1

% percent BMP Best Management Practice CEA Critical Environmental Area CEMS Continuous Emissions Monitoring Systems Comprehensive Environmental Response, Compensation and CERCLA Liability Act CO carbon monoxide CO2 carbon dioxide ConEd Consolidated Edison Company of New York CPCN Certificate of Public Convenience and Necessity CRP Comprehensive Reliability Plan CVE Cricket Valley Energy Center, LLC DEIS Draft Environmental Impact Statement DOE Department of Energy ERC Emission Reduction Credit FAA Federal Aviation Administration FEIS Final Environmental Impact Statement the former Rasco the 57-acre land south of the Project Development Area now parcel optioned by CVE and formerly utilized by RASCO Materials LLC GE General Electric GEP Good Engineering Practice GHG greenhouse gas HRSG heat recovery steam generator IDA Industrial Development Agency Iroquois Iroquois Natural Gas Transmission System LP kV kilovolt kWh kilowatt-hour LOLE Loss of Load Expectation M Town of Dovers Industrial/Manufacturing District MW megawatts Table of Contents - Project Description Page 1-iii

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY NFPA National Fire Protection Association NOx nitrogen oxides NYCRR New York Code of Rules and Regulations NYISO New York Independent System Operator NYSDEC New York State Department of Environmental Conservation NYSDPS New York State Department of Public Service NYSEG New York State Electric and Gas NYSPSC New York State Public Service Commission OSHA Occupational Safety and Health Administration PCBs polychlorinated biphenyls PILOT Payment in Lieu of Taxes particulate matter with a diameter less than or equal to 2.5 PM2.5 microns the Project the Cricket Valley Energy Center Project Development the 57-acre portion of the 193.5-acre Property proposed for Area development the Property the 193.5-acre property optioned by CVE PSD Prevention of Significant Deterioration PSL Public Service Law RASCO RASCO Materials LLC 38.8-acre construction worker parking and laydown site located remote Laydown Site approximately 2.5 miles north of the Property RNA Reliability Needs Assessment RU Town of Dovers Rural District SCR selective catalytic reduction SEQRA State Environmental Quality Review Act SO2 sulfur dioxide SPDES State Pollutant Discharge Elimination System SWPPP Storm Water Pollution Prevention Plan U.S. United States ULSD ultra low sulfur diesel Table of Contents - Project Description Page 1-iv

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY USEPA United States Environmental Protection Agency USGS United States Geological Survey VOC volatile organic compounds Table of Contents - Project Description Page 1-v

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY

1. PROJECT DESCRIPTION Cricket Valley Energy Center, LLC (CVE) proposes to construct and operate a high efficiency, combined cycle natural gas powered 1,000 megawatt (MW) electric generating facility on a 57-acre portion (Project Development Area) of an approximately 193.5-acre property (the Property) in Dover, Dutchess County, New York. This section provides an overview of the Final Environmental Impact Statement (FEIS) and an update of Project refinements since the Draft Environmental Impact Statement (DEIS) was filed. A brief overview of Project and site characteristics is then provided, including Project purpose and need and proposed mitigation. Comments received on the DEIS are provided in Section 1.4, along with responses and reference to sections where additional information is provided for some topics. Comments associated with general Project issues are addressed in Section 1.4.1. Other topics addressed in this section include:

Requests for additional hearing or review, addressed in Section 1.4.2;

Comments regarding displacement and the need for power, addressed in Section 1.4.3;

Comments regarding the alternatives analyses conducted for the Project, addressed in Section 1.4.4;

Comments regarding cumulative impacts associated with the Project, addressed in Section 1.4.5;

Comments regarding the Project fuel source, addressed in Section 1.4.6;

Comments regarding Project safety, addressed in Section 1.4.7; and

Comments regarding Project benefits, addressed in Section 1.4.8.

Additional comments relating to specific technical topics are addressed in Sections 2 through 6 of this FEIS.

1.1 Introduction to the FEIS Following a public process to identify an appropriate work scope, the DEIS was accepted and publicly noticed by the New York State Department of Environmental Conservation (NYSDEC) on May 25, 2011. The DEIS and draft state permits were made available for public and agency comment. Two legislative public hearings sponsored by NYSDEC were held on June 28, 2011, and one additional hearing was held on Saturday, July 9, 2011 that was sponsored by the Town of Dover and incorporated into the NYSDEC record.

Project Description Page 1-1

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY This FEIS provides responses to the comments received during the course of that review and public hearing process. Appendix 1-A provides a copy of each letter that was received and, in Table A-1, a listing of comments specifically addressed in this FEIS. Each letter has been assigned a number (for example, Letter #1), and each comment within the letter has also been numbered to create a unique comment number (for example, the first comment in Letter #1 is given the comment number 1-1). For the most part, exact comment language is used in order to respond most effectively to the specific question asked. In some cases, comments were paraphrased; those comments are indicated in Table A-1 and other comment tables in this document through the use of italics.

Appendix 1-B provides a copy of the transcripts for each of the three public hearings held.

Table B-1 provides the comment numbering for each specific comment addressed in the FEIS from those public hearings. Each of the three transcripts has been assigned a number (T1 through T3), with comments from each transcript provided in numerical order (T1-1, T1-2, etc.).

In addition to the information provided in Appendices 1-A and 1-B, which provides comments and cross-referenced responses on a letter-by-letter and transcript-by-transcript basis, Sections 1.4, 2.3, 3.3, 4.3, 5.3 and 6.3 of the FEIS provide the same response information sorted by technical topic.

1.2 Project Refinements Since the DEIS Since the DEIS was filed, CVE has continued to work with regulatory agencies at the federal, state and local level, as well as with the community, to refine aspects of the Project.

The following changes are important to note:

In August of 2011 CVE amended its land purchase option agreement to include an additional 57 acres of industrial land formerly leased to RASCO Materials LLC (the former Rasco parcel; Figure 1-1). The additional parcel will give CVE the opportunity to decrease further the impacts related to the Project construction and operation. Including the former Rasco parcel in the Project also provides an opportunity to further clean up environmental conditions on the Property.

The addition of 57 acres to the Project site will allow CVE to move a substantial portion of the off-site parking and laydown area onto the Project site (Figure 1-2).

This is intended to reduce the impacts and traffic associated with the originally proposed remote parking area (Figure 1-3; the remote Laydown Site). CVE Project Description Page 1-2

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY expects to use the off-site Laydown Site (Figure 1-4) for overflow parking during the peak construction months and as a staging area for construction material only.

Following construction, the off-site Laydown Site will be restored to its existing agricultural use, and the 57-acre former Rasco parcel will provide for additional buffer between the Project and land uses to the south.

Plans illustrating the proposed use and restoration of the former Rasco parcel and the remote Laydown Site are provided in Appendix 1-E and 1-F, respectively.

The Project continues to move forward with the New York State Independent System Operator (NYISO) Large Facility Interconnection process and has completed its Feasibility Study and System Reliability Impact Study, which have determined that the Project can interconnect to the regional electrical transmission grid without substantial upgrades and improvements. The next step in the process is the Class Year 2011 Facilities Study, which is currently underway, and which will determine the specific upgrades and improvements required for the reliable delivery of the Projects electricity to the regional transmission grid.

NYSDEC revised and re-noticed the Draft Prevention of Significant Deterioration (PSD) air permit in December 2011, incorporating greenhouse gas (GHG) emissions limits and Emission Reduction Credit (ERC) requirements. Emissions offsets have been obtained from existing sources that have shut down and agreed to a permanent, enforceable, quantifiable and surplus emissions reduction. The offsets have been certified by NYSDEC, as described further in Section 4 of the FEIS.

On July 12, 2012, NYSDEC adopted new regulations (6 New York Code of Rules and Regulations [NYCRR] Part 251) establishing carbon dioxide (CO2) emission standards for new major electric generating facilities. As described in Section 4 of the FEIS, the Project will fully comply with this standard.

Additional technical studies completed since the DEIS was filed include:

o A Phase I Environmental Site Assessment (Section 2.3.1 of the FEIS);

o Phase II Environmental Site Assessment (Section 2.3.2 of the FEIS);

o Pre-demolition building characterization (Section 2.3.3 of the FEIS);

Project Description Page 1-3

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY o Wetland delineation for the former Rasco parcel and the remote Laydown Site (Section 3.3.1 of the FEIS);

o Phase I bog turtle survey and additional consideration of potential New England cottontail habitat at the former Rasco parcel and Laydown Site, followed by a Phase 2 bog turtle survey at the former Rasco parcel (Section 3.3.2 of the FEIS);

o Timber rattlesnake habitat assessment at the former Rasco parcel (Section 3.3.2.2 of the FEIS).

o Indiana bat habitat assessment for the Project Development Area, former Rasco parcel, and remote Laydown Site (Section 3.3.2.4 of the FEIS);

o Revised Preliminary Stormwater Pollution Prevention Plans (SWPPPs),

incorporating temporary impacts to the former Rasco parcel and the remote Laydown Site (Section 5.3.1 and Appendices 5-A and 5-B of the FEIS);

o An updated traffic assessment reflecting the modified construction worker parking and laydown scenario (Section 6.2.3 of the FEIS); and o Updated activities and correspondence to reflect cultural resource review for the remote Laydown Site and former Rasco parcel (Section 6.2.6 of the FEIS).

1.3 Summary of Project Characteristics and Proposed Mitigation Measures The CVE Project will be a state-of-the-art electric generating facility that will provide needed electricity to the New York State bulk power grid and will provide long-term economic and environmental benefits on a local, regional and state-wide basis. The Project will begin construction in 2013 and is anticipated to be operational in 2016.

The facility will be located in southeastern New York, an area that has been determined by the NYISO to have electric transmission constraints. The facility will take advantage of nearby existing natural gas and electric transmission infrastructure and will utilize natural gas to provide reliable baseload electric generating capacity to the New York State power grid while improving air quality through the displacement of less efficient and higher emitting Project Description Page 1-4

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY generating facilities. The Project will meet local, regional and state planning objectives to bolster economic growth with minimal negative impact on the human and natural environment. The Project will reuse an inactive industrial site and will be compatible with local zoning and community planning goals.

1.3.1 Project Purpose, Public Need and Benefits The purpose of the Project is to produce electricity in an efficient and environmentally conscious way to offset the increasing long-term regional energy demand and reduce dependence on older, less efficient, and higher emitting electric generators that currently serve the New York region. The Project will use the most advanced, state-of-the-art power generation technology available, making it one of New Yorks most efficient energy producers. The CVE Project would be considered a baseload generator, meaning it would be generating electricity at least 75 percent of the time on an annual basis. This is due to the Projects thermal efficiency and resulting lower cost to operate relative to other available generating units. It is because of this that other less efficient generators would be displaced, which results in cost benefits and reduced air emissions.

As also addressed in more detail in Section 1.4.3 of the FEIS, the New York State Public Service Commission (NYSPSC) similarly has recognized the need for the addition of new, more efficient generating facilities, even where there is not an imminent threat to system reliability, based on a number of factors. These factors include system reliability benefits, economic benefits for customers and New York State, and achievement of public policy goals including environmental benefits. A recent NYSPSC order stated, with respect to the need for a proposed project, that the project would provide an additional source of supply in the event that other expected generation and transmission projects are not completed as projected, generation retires or is unavailable as a result of relicensing disapproval, emissions control requirements such as compliance with the Clean Air Act National Ambient Air Quality Standards, or the effects of possible changes in state and federal climate change/greenhouse gas emission regulation and legislation, or for any other 1

reason.

1 NYSPSC, Case 08-T-1245, Bayonne Energy Center, LLC, Order Adopting the Terms of a Joint Proposal and Granting Certificate of Environmental Compatibility and Public Need, with Conditions, and Clean Water Act §401 Water Quality Certification (Nov. 12, 2009) at 13.

Project Description Page 1-5

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY NYISO is responsible for overseeing the safe and reliable operation of the New York bulk electric transmission system. Over the past number of years, NYISO has issued a Power Trends report, assessing New Yorks electricity supply, infrastructure, and needs. The 2011 report (NYISO 2011a) identifies certain contingencies in which the sustained adequacy of resources may be challenged by a number of factors including the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants and the considerable lead time it takes to finance, permit, and construct replacement projects.

NYISOs 2010 Comprehensive Reliability Plan (NYISO 2011b), which evaluates proposed solutions to address reliability needs over a ten-year planning period, also identifies concerns over reduced generating capacity available due to aging infrastructure and the implementation of new environmental programs. Providing new generating sources would mitigate the potential violation of the generating resource adequacy criterion, and avoid impacting the reliability of the New York bulk transmission system.

The CVE Projects generation capabilities will provide reliability for the electric transmission grid, serving as a replacement resource for retired plants. In addition, the Projects more efficient technology will help displace the operation of existing, less efficient plants, as quantified in the economic dispatch analysis provided in Appendix 1-A of the DEIS. Due to the Projects high thermal efficiency and resulting lower cost to operate relative to other available generating units it will be dispatched in the competitive market ahead of less efficient, higher emitting generators, causing those units to operate less frequently, thereby yielding a net air quality benefit across the region. The regional emissions reductions expected are quantified in Section 4 (Table 4-32) of the DEIS. While NYISO has not identified short-term power needs of immediate concern, major generating stations, depending on location, typically take several years to develop and construct, so generation developers always need to look and plan ahead regarding the states changing energy needs. Thus, the construction and operation of the Project will help ensure that the regional power grid continues to reliably, efficiently and economically serve the regions changing energy needs into the future.

The Project is also consistent with the New York State Energy Plan which was issued by the State Energy Planning Board in December 2009 (State Energy Planning Board, 2009).

The 2009 Plan has identified five policy objectives:

Project Description Page 1-6

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY

Maintain Reliability: Assure that New York State has reliable energy and transportation systems.

Reduce GHG Emissions: Support energy and transportation systems that enable the state to significantly reduce GHG emissions, both to do the states part in responding to the dangers posed by climate change and to position New York State to compete in a national and global carbon-constrained economy.

Stabilize Energy Costs and Improve Economic Competitiveness: Address affordability concerns of residents and businesses caused by rising energy bills, and improve the states economic competitiveness.

Reduce Public Health and Environmental Risks: Reduce health and environmental risks associated with the production and use of energy across all sectors.

Improve Energy Independence: Improve the states energy independence and fuel diversity by developing in-state energy supply resources.

The Project is consistent with these objectives. The 2009 Plan explains: in general, new plants use technologies that are more efficient than those used in older plants. As older 2

facilities retire and newer, more efficient plants come on line, the average heat rate of the power plant fleet in New York is expected to improve. The States markets and its commitment to continually improve them will facilitate this substitution. The Project will generate electricity far more efficiently than the existing fleet of plants and do so using natural gas instead of higher emitting fossil fuels like oil or coal. Thus, since the Project has the ability to provide electricity more cost-effectively and efficiently with a significantly better emissions profile, the Project can play a role in achieving New York States Energy Plan goals.

The New York State Energy Planning Board is in the process of preparing the 2013 New York State Energy Plan. The criteria offered in the scope for the 2013 Plan mirror those in 3

the 2009 Plan.

The Project is also uniquely situated to address a specific need identified by the NYSPSC.

As discussed in Section 1.4.3 of the FEIS, in a September 2011 Order, the NYSPSC 2

Heat rate is a measure of thermal efficiency. Heat rate is defined as the fuel required to produce one kilowatt-hour (kWh) of electricity. A lower heat rate means that it takes less fuel to produce a given amount of energy.

3 See 2013 State Energy Plan Final Scope, available at http://www.nysenergyplan.com/meeting/Scope%20for%20the%202013%20Energy%20Plan.pdf.

Project Description Page 1-7

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY explained that adequate black-start capability is essential to the reliable operation of the regions electric system. The CVE Project includes four diesel-fired black-start generators that will be used to re-start the facilitys combustion turbines in the event of a total power loss on the local or regional transmission grid. This capability allows the Project to meet a need essential to the regional electric transmission system.

The Project also provides an environmental and economic opportunity to rehabilitate an inactive industrial site, currently in disrepair, and return it to productive use. The Project in this location will result in economic growth for Dutchess County and the Town of Dover without a significant burden on the community or significant adverse impact to the environment. Benefits to the region, in addition to the electricity that will be contributed to the regional grid, include job creation and contributions to the tax base, as discussed in Section 6.7 of the DEIS, as well as the cleanup of a deteriorating inactive industrial complex.

The Project is expected to employ up to 750 workers during the 36-month construction period, with the peak employment occurring for approximately five months. Once operational, the facility is expected to employ between 25 to 30 full-time employees.

Construction, beginning with demolition of existing structures and site preparation, is planned to begin in 2013 and commercial operation is planned to begin in 2016.

In summary, the Project has been designed to provide an efficient, environmentally responsible source of electricity that both complements the New York State Energy Plan and supports the objective of the NYISO to ensure a safe and reliable electricity supply. As environmental regulations aimed at reducing emissions take hold, the Project is positioned to displace, or if necessary, replace older, less efficient generators resulting in a regional air quality benefit. The Project will provide local and regional economic and environmental benefits by adding temporary and permanent jobs and by reusing a dilapidated industrial site in a productive and environmentally sensitive manner. The Project will also provide a long-term revenue source for the Town of Dover and Dutchess County through contributions to the tax base.

1.3.2 Site Description The location (Figure 1-1) was selected specifically for the Project due to existing infrastructure, current zoning, and topography and tree cover that provide a natural buffer to the surrounding community. The Property is a total of 193.5 acres, bounded by New York State Route 22 to the east; to the south by rural district (RU) zoned property; to the west Project Description Page 1-8

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY generally by the Swamp River and an active Metro-North commuter rail line, which transects the 193.5-acre parcel in a north-south direction. To the north is an existing Consolidated Edison Company of New York (ConEd) electric transmission right-of-way, to which the facility will interconnect and which contains an Iroquois Gas Transmission System LP (Iroquois) natural gas pipeline which will provide fuel to the facility. The Property is within the Town of Dovers Industrial/Manufacturing District (M) which permits industrial and related uses.

Approximately 79 acres of the 193.5-acre Property lie west of the railroad track and are currently undeveloped, except for a small pump house associated with a former use. This portion of the Property has been designated within the Great Swamp Critical Environmental Area (CEA) for its natural resource value. It contains a NYSDEC-mapped wetland system associated with the Swamp River, which flows northward past the Property to its confluence with the Ten Mile River, just south of Dover Plains. This area is not proposed for any development activity related to the Project.

Of the 114-acre portion of the Property east of the railroad track, an approximately 70-acre portion has a long history of industrial use and numerous dilapidated, vacant industrial buildings and associated debris are located in the area. This portion of the Property has been identified by Dutchess County as the Mica Products CEA, due to the need for clean-4 up associated with former uses.

Within the 57-acre Project Development Area, approximately 30 acres will be re-developed.

The Project Development Area has a long history of industrial use. It was used as a magnesium refining facility from 1932 until 1966. Between 1966 and 1980 a Formica production facility used it for its manufacturing operations. In the early 1990s it was used as a tire recycling facility until a 1996 fire caused extensive damage to many of the buildings.

The Project Development Area has been vacant for many years and there is still debris and evidence of the sites varied industrial history.

Since the issuance of the DEIS, the Project has added an additional 57 acres of land south of the Project Development Area (Figure 1-1). A portion of this parcel was also associated with the magnesium refining operation. In 1994, TT Materials began operations on a portion of this parcel as a petroleum-contaminated soil processing facility. In 2004, RASCO 4

See Critical Environmental Areas in Dutchess County at http://www.dec.ny.gov/permits/25113.html.

Project Description Page 1-9

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Materials LLC acquired the operation. The former Rasco parcel was optioned by CVE (and RASCO vacated the parcel) in 2011. The majority of the former Rasco parcel (approximately 44 acres) will not be altered by the Project and will serve as additional buffer for the Projects potential visual and noise impacts. Approximately 13 acres of the former Rasco parcel, where waste piles and other materials require parcel restoration, are proposed for temporary use during the construction period for parking and laydown (Figure 1-2). Once construction is complete, this area will be restored, and no further Project uses are proposed in this area.

1.3.3 Construction Worker Parking and Equipment Laydown Site An off-site location approximately 2.5 miles north of the Project Development Area has been proposed for temporary construction worker parking and equipment storage or laydown (Figure 1-3). The 38.8-acre remote Laydown Site consists of active agricultural fields historically associated with a farming operation, and is a portion of a larger parcel, which includes actively farmed fields, a former farm-related house and outbuildings, and undeveloped land to the south of the field.

The remote Laydown Site is bounded to the east by Old State Route 22, a small wetland area, and the associated farming buildings, including a farmhouse, barn, silo, metal storage shed/lean-to, and a guesthouse, as well as several concrete pads and foundations indicating previous structures. The remote Laydown Site is bounded to the south by undeveloped partially wooded property, beyond which is Sherman Hill Road, where a few residences and the Sherman Hills residential development are located. The remote Laydown Site is bounded to the west by Route 22 from which access will occur.

The remote Laydown Site has been designed to allow for parking of up to 850 cars as well as sufficient area for the storage of construction materials (Figure 1-4). With the acquisition of the 57-acre former Rasco parcel, CVE plans to move a substantial portion of the off-site parking and laydown area onto previously disturbed portions of the Project Property. This will help reduce the impacts and traffic associated with the remote Laydown Site. CVE still expects to use the remote Laydown Site for overflow parking during the five-month peak construction period and as a staging area for non-hazardous construction material.

The former Rasco parcel is a 57-acre parcel immediately south of the Project Development Area and situated between the Metro-North track to the west and Route 22 to the east.

Abandoned buildings and fill piles are located in the northern part of the parcel; additional miscellaneous fill and debris piles are scattered about in the northeast portion of the parcel.

Project Description Page 1-10

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY It is anticipated that an approximately 13-acre area within this disturbed portion of the former Rasco parcel can accommodate up to 580 construction worker vehicles and provide sufficient area for the staging of construction materials (Figure 1-2).

1.3.4 Site Preparation and Demolition The Project will be constructed in the location of existing abandoned industrial buildings on the Property and can take advantage, to a great extent, of that previously disturbed footprint. Building demolition will be a component of early-stage Project construction.

Surface and subsurface clean-up will also be implemented. Clean-up activities will be the responsibility of CVE and will not be implemented under a formal federal or state program.

NYSDEC review has been an important element in developing a plan for clean-up activities, and NYSDEC will continue to be involved as the plan is refined and implemented. All applicable reviews and approvals will be obtained, including at the local level, prior to commencement of work.

Before demolition activities commence, silt fences, geotextiles, crushed rock stormwater attenuation features, hay bales, and settling tanks or ponds will be installed and utilized to minimize surface erosion and to prevent ingress of sediment into the temporary and permanent drainage systems. Stockpiles and temporary excavation cut slopes will be covered to minimize erosion and control against sediment washing into storm drainage systems. All stormwater control measures will be in compliance with the Projects SWPPP, prepared pursuant to the State Pollution Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (GP-0-10-001), discussed in Section 5.1 of the FEIS (a preliminary SWPPP is provided in Appendix 5A of the DEIS).

To prepare for demolition, a Pre-Demolition Characterization Survey has been conducted in order to evaluate potential environmental concerns (further discussed in Section 2.3.3 of the FEIS). The results from the survey will be used for the preparation of demolition specifications for the removal of existing building materials as part of site-wide demolition.

All existing exterior and interior buildings, stacks, and tanks have been surveyed as part of this effort. This survey provides the general locations and estimated quantities of any of the following materials: asbestos containing materials; lead-based paint; mercury; polychlorinated biphenyls (PCBs); fluorescent tubes for lighting; and solvent materials.

The abatement and removal of hazardous materials will be performed by licensed and experienced contractors in accordance with applicable federal, state, and local regulations governing each material and as outlined by the Projects demolition procedures and Project Description Page 1-11

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY specifications. Each phase of the work will be overseen by a third party environmental monitor and, where required, environmental sampling will be conducted on a continuous or periodic basis.

Asbestos-containing material will be abated from the site according to the New York State Industrial Code, the U.S. Environmental Protection Agencys (USEPA) National Environmental Standard for Hazardous Air Pollutants and site-specific Project specifications. Asbestos monitoring and air sampling will be conducted by licensed personnel representing a third party consultant. All waste containers will be properly labeled prior to removal from the site. Disposal sites and landfills will be pre-approved for each type of waste that is to be disposed.

Some lead-based paint and asbestos-containing material areas (such as window glazing or roofing) will be difficult to remove, particularly in buildings which are deemed structurally unsafe, or which have collapsed due to disrepair or snow load. Should a building be ruled structurally unsafe by a Professional Engineer, Registered Architect, Building Inspector, Fire Inspector or other official of competent jurisdiction, the building may be demolished with asbestos-containing material still within the building in accordance with New York State Department of Labor Industrial Code Rule 56. In accordance with Industrial Code Rule 56, resultant demolition debris that cannot be decontaminated must be considered asbestos-contaminated waste. Removal and disposal methods will strictly adhere to all applicable federal, state, and local guidelines for such activity, including the disposal of removed demolition wastes. Trucks and vehicles transporting demolition debris offsite will be covered and cleaned prior to leaving the Property in accordance with applicable regulations and best management practices (BMPs) as noted in Section 2.3.5 of the DEIS and as further discussed in Section 2 of the FEIS.

As noted above, all contractors performing the removal of materials from the site will be supervised by a third party consultant to confirm strict adherence to personal protection requirements. All contractors will be required to conduct employee monitoring according to applicable Occupational Safety and Health Administration (OSHA) regulations for each of the materials encountered.

Existing buildings will be demolished using conventional demolition methodology, such as a crane with drop ball working in conjunction with grapple/shear-equipped excavators and track loaders. The final building demolition methods will be chosen based on actual demolition work scope specifications and other approved methods to safely collapse or dismantle structures. Demolition debris will be prepared for disposal by segregating metals Project Description Page 1-12

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY from brick and concrete. If possible, clean concrete and brick will be crushed and recycled as fill on site, as permitted. Demolition debris, for deposal or reuse, will be tested utilizing the Toxicity Characteristic Leaching Procedure for lead and other metals that might be suspected. The debris will be classified according to test results and properly disposed of, or recycled as fill, in accordance with applicable disposal regulations. Steel will be transported to an approved recycler. Combustible building debris will be transported offsite for proper disposal.

1.3.5 Facility Overview The CVE facility will generate approximately 1,000 MW of electricity, fueled only by natural gas. The CVE facility will use combined cycle generation technology, one of the most efficient technologies for producing electricity. The facility (Figure 1-5 and 1-6) will be comprised of three combined cycle units, each consisting of a combustion turbine generator, a Heat Recovery Steam Generator (HRSG) with supplemental duct firing, and a steam turbine generator. An updated rendering of the proposed facility is provided in Figure 1-7.

Auxiliary equipment will include a low nitrogen oxide (NOx) natural gas-fired auxiliary boiler, needed to keep the HRSGs warm during periods of turbine shutdown and to provide sealing steam during startups, and four diesel-fired black-start generators, each with a maximum power rating of 3 MW. The four black-start generators would be used to re-start the facility in the event of a total power loss on the local or regional transmission grid.

The Project will be equipped with state-of-the-art emissions control technology, including dry low-NOx burners and selective catalytic reduction (SCR) technology to control emissions of NOx, and an oxidation catalyst to control carbon monoxide (CO) and volatile organic compounds (VOC) emissions. A continuous emissions monitoring system (CEMS) will be utilized to ensure and document facility compliance with applicable emissions standards.

Water use will be minimized by the use of air cooled condensers. Process water supply will be provided from new on-site bedrock wells. A Zero Liquid Discharge system will recycle and reuse water internally, reducing the need for process water and ensuring that no process wastewater will be discharged. The facility will employ BMPs for stormwater management, which will include a system that reflects existing drainage patterns and incorporates a wet extension detention pond, small bio-retention facilities, and roof top rain Project Description Page 1-13

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY capture to maintain peak rates of discharge and minimize the potential for erosion and sedimentation.

There will be several storage tanks on-site, including:

A 1,000,000-gallon raw water storage tank, used to supply the facilitys water needs and for fire protection;

A 250,000-gallon demineralized water storage tank; and

Two 30,000-gallon aqueous ammonia storage tanks.

A secondary safety containment area, designed to hold 110 percent of the entire volume of the tanks, will be provided around the ammonia storage tanks, consistent with New York State requirements. There also will be on-site storage of small quantities of ultra-low sulfur diesel (ULSD) fuel and lubricating oils. The ULSD fuel storage will be limited to the fire pumps integrated 650-gallon fuel tank and the four emergency black-start generators, each with an integrated 1,000-gallon fuel tank. As required, all tanks, equipment and vessels containing ULSD fuel and/or lubricating oils will be located inside a concrete safety containment, sump or curbed dike area for spill control and management.

There will be two utility interconnections at the facility, one to connect to the electrical grid and one to connect to the natural gas fuel supply. The electricity generated from the facility will be transmitted via a 700-foot on-site overhead interconnect to the existing ConEd 345 kilovolt (kV) electric transmission line located north of the Project Development Area. A new switchyard and substation, incorporating gas-insulated switchgear to minimize footprint requirements, will be built at the facility. Natural gas will be the sole fuel for the facility, transported via a new 500-foot, 12-inch gas pipeline from the Iroquois pipeline, just north of the Project Development Area.

The combined-cycle process is one of the most efficient technologies for producing electricity from fossil fuels, using less fuel than alternate technologies and resulting in environmental emissions that are considerably less than those of traditional fossil fuel technologies per megawatt-hour of electricity generated.

1.3.6 Project Layout and Access The Project has been designed to be complementary to the Propertys site conditions, environmental resources and surrounding land uses. The extent of change to the site and surroundings has been minimized and is limited to the portion of the Property already Project Description Page 1-14

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY altered due to past industrial uses. Facilities have been oriented to maximize use of already developed areas and to minimize impacts to the surrounding community.

The Project will be accessed by the existing driveway off of Route 22. Major improvements to the driveway will include widening and grading to improve stormwater flow. Facility traffic entering the site will be required to pass through a security gate. Employee and service parking with be provided immediately upon entering the secured area. Parking for visitors and delivery traffic will be provided outside of the security fencing to limit traffic inside the secured areas. A ring road will be constructed inside the secured area to provide access to the various equipment areas and to allow emergency response equipment to access all areas of the Project Development Area. An alternate secured entrance gate will be located south of the administrative and warehouse building.

The administrative and warehouse building will be located near the facility entrance. This building will include space for offices, a meeting room, kitchen, storage area, restroom facilities, warehouse space and a maintenance area. The three combustion turbine generators will be enclosed in a single turbine generator building, which also will enclose ancillary mechanical equipment. The three steam turbine generators will extend from the building, one for each of the three units, with the HRSGs situated to the west side of each steam turbine generator. Each HRSG will exhaust its emissions to one of three 282.5 foot stacks, which will be co-located to minimize the visual effect to the surrounding areas and to enhance dispersion of the exhaust plumes. Other major facility components will include a water treatment building, fin fan cooler, air cooled condensers, ammonia tanks, service/fire water tanks, demineralized water storage tanks and a wastewater holding tank.

To maintain as much of the Propertys vegetation as possible, no vegetation will be removed from areas located west of the railroad track and a significant amount of wooded buffer will be maintained around the Project Development Area, including a 300-foot buffer between the Project Development Area and Route 22 and approximately 44 acres of the former Rasco parcel. Four areas within the Project Development Area are planned for landscaping or forest restoration, including: the area at the plant entrance; two locations near the administrative building and front visitor parking area; and the area between the new natural gas metering/conditioning area and an isolated non-jurisdictional wetland area (just south of the new electric transmission line), which will provide additional visual buffer from Route 22. Additionally, restoration of 0.6 acre of formerly degraded wetland and approximately 1 acre of associated Adjacent Area, and the creation of 0.05 acre of new wetland will be undertaken as part of Project activities within the Project Development Area.

Project Description Page 1-15

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Previously disturbed areas within the former Rasco parcel, following use for temporary parking and laydown during construction, will also be restored.

Lighting for both normal operation and emergency or temporary shutdown will be provided throughout the facility. The proposed lighting will minimize off-site impacts, while providing sufficient lighting to ensure worker safety during routine operations and maintenance. Site lighting will be in accordance with appropriate standards and the Town of Dover code requirements. Stack lighting will comply with Federal Aviation Administration (FAA) requirements, modified as practicable to minimize off-site impacts while maintaining aviation safety.

As noted above, the Project will include two temporary areas for construction worker parking and laydown. The primary area will be an approximately 13-acre portion of the 57-acre former Rasco parcel, an industrially zoned site immediately adjacent to the Project Development Area. The secondary site, referred to as the remote Laydown Site, will be located within a 38.8-acre agricultural field, approximately 2.5 miles north of the Project Development Area. The remote Laydown Site, accessed from a new temporary driveway off of Route 22, will be used for construction worker overflow parking during peak construction and for the storage of materials. Both temporary construction locations have been designed to avoid impact to jurisdictional wetlands and significant natural resources (as discussed in Section 3 of the FEIS) and incorporate stormwater measures (as described in Section 5 of the FEIS) to prevent off-site flooding, erosion or sedimentation.

1.3.7 Electric Transmission Interconnection Electrical interconnection will be with the ConEd 345 kV transmission system through the Projects 345-kV on-site combined substation/switchyard. The existing transmission line right-of-way abuts the Propertys northern property line.

In order to minimize the Project footprint and avoid wetland intrusion, a state-of-the-art gas insulated switchgear substation has been selected. The substation is located adjacent to the facility footprint, to the north of the Project Development Area and outside of wetland areas.

The substation/switchyard will incorporate a bus-type arrangement with six ring breakers serving the six generator step-up transformers. Six main generator step-up transformers will serve the three power blocks (two transformers for each unit, one for the combustion turbine generator and one for the steam turbine generator). Each transformer will step up Project Description Page 1-16

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY the generator voltage of the steam turbine generator and the combustion turbine generator from 18 kV to a 345 kV feed into the plant substation/switchyard.

The Projects electrical output will be connected to the ConEd 345 kV transmission line via two new 345-kV interconnection lines, to be located entirely within the Project Development Area and adjacent ConEd right-of-way. The electrical interconnection line route is shown on Figure 1-5. The existing ConEd transmission line will be looped-in on one new interconnection line and looped-out on the other. A 228-foot wide clearing, or right-of-way, will accommodate the two lines, which will be separated by approximately 78 feet. The two electrical interconnection lines will each include three 109-foot high steel transmission poles. A bundle of two sets of 1,351.5 thousand circular mil, 45/7 aluminum conductor, steel reinforced conductors will be strung along the two sets of three poles.

The Project has entered the NYISO Large Facility Interconnection process, under the Federal Energy Regulatory Commission Electric Tariff, for interconnection to the local and regional electrical transmission grid. A Feasibility Study and System Reliability Impact Study, each performed by the NYISO, have been completed and concluded that an interconnection of 1,000 MW at this location can be supported without the need for substantial upgrades and improvements. The next major step in the process is a Facilities Study to determine the cost and allocation of the transmission systems facility upgrades for corresponding NYISO Class Year 2011 interconnections. The Project is part of NYISO Class Year 2011 and its Facilities Study is currently being conducted by NYISO. The last step is the Large Generator Interconnection Agreement which is used to construct the physical interconnection and transmission system upgrades to allow the Project to connect to the ConEd system.

1.3.8 Natural Gas Interconnection Pipeline The Project will utilize natural gas as the sole fuel for its combustion turbines and HRSG duct burners. Pipeline-quality natural gas will be delivered via an interconnection with the existing 24-inch, 1,480 pounds per square inch gauge Iroquois interstate pipeline. A short on-site 12-inch-diameter lateral of approximately 500 feet will connect the Project with the Iroquois pipeline that abuts the northern property line of the ConEd electric transmission line right-of-way, shown on Figure 1-5.

Natural gas will be provided to the Project through a combination of firm and interruptible natural gas transportation contracts to meet facility requirements. It is intended that the Project Description Page 1-17

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY arrangement will minimize gas supply costs and provide high levels of reliability and operational flexibility.

1.3.9 Safety and Security Combined cycle electric generating plants have excellent safety records. CVE will follow all applicable federal, state and local codes and standards. In addition to incorporating advanced safety technology, CVE will coordinate its safety plans for the design and operational configuration of the facility with local emergency agencies and the Dover Fire Department (J.H. Ketcham Hose Company).

Prior to commencement of construction, a comprehensive security plan will be developed and implemented that will address both construction and operational phases of the Project.

The plan will include perimeter fencing that secures the complete operations of the facility and Iroquois fuel gas metering station. Staff will utilize security monitoring systems, complete perimeter fencing, electronic badged gates and doors, inspections, and other procedures to secure the site. The gate will be locked at all times, with access provided by Project personnel. The control room will have surveillance views of the gate, and the ability to open the gate. Normal plant lighting and emergency temporary lighting will be provided throughout the Project.

During construction, on-site staff will monitor this system throughout all construction phases. Once the facility is operational, on-site staff operation and surveillance will be 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months per day, 7 days per week, and 365 days per year. All vehicle and personnel traffic will be controlled through the single main gate via the control room building, with substantial surveillance in and around the Property.

The continuously staffed control room will include equipment for communications with local fire and rescue teams, emergency services, the Dutchess County Sheriffs Office, and the New York State Police. In addition, the J.H. Ketcham Hose Company will have the ability to fully access the Property in the event of an emergency.

The Projects fire protection systems will be designed and constructed to the latest, state-of-the-art requirements. These include the National Fire Protection Association (NFPA)

Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations. In addition to NFPA regulations, these systems will comply with all applicable state and local codes, and will be designed, installed, Project Description Page 1-18

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY documented and coordinated with the J.H. Ketcham Hose Company to ensure compatibility with firefighting equipment and capabilities.

NFPA fire protection systems will be fully automated to provide alarm, detection, and suppression capability for all hazard areas. The facility will contain a reliable, on-site fire water supply system. Water will be supplied to the fire protection system via two 100 percent capacity fire pumps. One pump will be electric motor driven and the other pump will be diesel engine driven. The diesel-driven pump will serve as backup to the motor-driven pump.

Dedicated water source for fire protection will be allocated from the 1,000,000-gallon on-site water storage tank, with the fire pump taking suction directly from the tank. Water quality of the stored water will be suitable for process uses. The fire water distribution system will include yard hydrants and automatic and manual suppression systems serving areas requiring protection.

1.3.10 Involved and Interested Agencies, Permits and Approvals Development and construction of the Project will require or involve a number of discretionary federal, state and local regulatory agency notifications, actions, permits and approvals. Table 1-1 lists each permit, review or approval and its current status.

Table 1-1: Status of Permits and Approvals for the Cricket Valley Energy Project Agency Permit, Review or Approval Status Federal United States Army Corps of Section 404 Permit Joint Permit filed 1/22/10; revised Engineers application filed 7/2/12.

United States Fish and Wildlife Endangered Species Act Section 7 Correspondence received 7/20/09, Service consultation 9/21/09, and 7/19/11.

FAA Notice of Proposed Construction or Determination of No Hazard received Alteration 3/19/10; request for Extension granted on 9/15/11.

State NYSDEC Part 201 permit (air quality) Application filed 3/26/10; draft permit noticed 5/25/11 and re-noticed on 12/14/11.

PSD permit Application filed 3/26/10; draft permit noticed 5/25/11 and re-noticed on 12/14/11.

Title V operating permit (air quality) Application to be filed within 12 months following the commencement of facility operation.

Project Description Page 1-19

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Agency Permit, Review or Approval Status Title IV Acid Rain permit (air quality) Submitted on 10/24/11 and Noticed on 12/14/11.

Freshwater Wetlands Permit Joint application filed 1/22/10; draft permit noticed 5/25/11; revised application filed 7/2/12.

Clean Water Act Section 401 Water Quality Joint application filed 1/22/10; draft Certification permit noticed 5/25/11; revised application filed 7/2/12.

SPDES General Permit for Stormwater Notice of Intent pending.

Discharges from Construction Activities Natural Heritage and Endangered Species Correspondence received on 6/10/09.

program consultation Oil and chemical storage authorization Pending.

Notification for large asbestos removal, if Pending.

applicable Water Withdrawal Permit pursuant to Pending.

proposed regulations at 6 NYCRR Part 601, if applicable under final rule Office of Parks, Recreation and National Historic Preservation Act Section Correspondence received on 9/3/09, Historic Preservation 106 consultation 9/25/09, 7/6/11, and 2/29/12.

New York State Department of Highway work permit for non-utility work Submitted on 11/11/2011.

Transportation New York State Public Service Section 68 Certificate of Public Convenience Application filed 11/01/11.

Commission and Necessity; Confirmation of Lightened Regulatory Status Section 69 of the Public Service Law Pending.

Approval of Financing Local Dutchess County Health Water Well Construction Notifications provided for temporary Department wells on 7/22/09; final well notifications pending.

Septic System Approval Pending.

Abandonment of Water Well, if applicable Pending.

Dutchess County Planning Special Permit/Site Plan Review (advisory Application filed 11/4/09.

Board role)

Town of Dover Town Board Special Permit/Site Plan Review Application filed 11/4/09.

Fire Prevention Permits Pending.

Use of Explosives Pending.

Town of Dover Planning Board Erosion/Sediment Control Pending.

Town of Dover Zoning Board Town Zoning Law Amendment (fence Zoning amendment petition filed height, and noise) 06/22/11; amendment submitted on 1/25/12.

Town of Dover Architectural Design Review Pending.

Review Board Building Inspector Building/Occupancy Permits Pending.

Project Description Page 1-20

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.3.11 Project Schedule Construction of the facility will require approximately 36 months. Building demolition, clearing, and grading will be a component of early-stage project construction. Construction is currently proposed to start in early 2013, with a proposed commercial operation date for the facility in early 2016. An updated preliminary construction schedule for the Project is shown in Figure 1-8.

1.4 Responses to Comments on the DEIS Tables 1-2 through 1-9 address comments received relative to specific topics, and provide a response or guide the reader to the location of the response within this section and the DEIS. Specific topics addressed in Section 1 of the FEIS are:

General and editorial comments (Table 1-2);

Requests for additional hearing or review (Table 1-3);

Displacement and the need for power (Table 1-4);

Potential Project alternatives (Table 1-5);

Cumulative impacts (Table 1-6);

Project fuel source (Table 1-7);

Project safety and odor (Table 1-8); and

Project benefits (Table 1-9).

Other comments received, relating to specific technical topics, are addressed in their respective sections of the FEIS.

1.4.1 General and editorial comments Table 1-2 provides a summary of general or editorial comments received, and provides a response to each.

Project Description Page 1-21

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Tonia Shoumatoff We request that each appendix be 9-5 The Cricket Valley Energy website (www.cricketvalley.com), which serves and Elaine labeled with its subject as well as a as a repository for the DEIS and its Appendices, was updated in July 2011 LaBella, number. to address the commenters concerns. The Appendices are now labeled Housatonic Valley with their corresponding subject.

Association Venna Currow, Cricket Valley Energy is owned by parent 11-3 Advanced Power has established a Project company, CVE, to assure that Wingdale company Advanced Power. They have all Project commitments are retained even should additional investors Resident no loyal history because they will sell the participate in the Project. Any future participants would become company once up and running. Whatever stakeholders in CVE, and will be legally bound to all commitments made commitments they make will be obsolete. by CVE as the Project company and holder of all permits and contracts.

Evelyn Chiarito I would like to see addressed how this 23-15 The Project is privately funded, and no brownfield, grant or subsidy and Joseph project is being funded. Is it being monies will be used. The Project will work with the Dutchess County Chiarito, Dover constructed to take advantage of Federal, Industrial Development Agency (IDA) to negotiate a Payment in Lieu of Plains Residents State, brownfield, IDA, grant, subsidy, Taxes (PILOT) agreement with Dutchess County, Town of Dover and the monies (all taxpayer monies)? Dover Union Free School District, as well as a community benefit agreement.

Joel Tyner, Incorporates through a newspaper article 24-6 Comments received from Robert Herzog are specifically addressed in this Dutchess County information regarding comments provided FEIS under Comments 42-1 through 42-20.

Legislature by Robert Herzog.

Mark Chipkin, ...What precautions can be put in place 25-8 CVE anticipates preparing a decommissioning plan prior to Pawling Resident now to prevent abandonment? How can commencement of construction. The decommissioning plan will include a we set up the agreement between the discussion of the potential useful life of the facility, the salvage and Town and Cricket Valley, so that any new recycling value, safety and the removal of potential hazardous conditions, owners are held responsible for environmental impacts, site aesthetics, and potential future use of the site.

environmentally sound actions? Note that any additional investors in the CVE Project will be required to agree to all commitments made by CVE as the Project company and holder of all permits and contracts.

Project Description Page 1-22

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number George Quasha, Opposition to the project and support of 26-1 We appreciate all comments received on the DEIS. See the response to Station Hill Press, Joel Tyners position. Joel Tyner located in Table 1-2, Comment No. 24-6.

Inc.

Christina additional information is necessary 28-2 Additional details, such as those outlined, have been provided to the Palmero, State of regarding the proposed projects back-up NYSDPS as part of the Projects Petition for Order Granting a Certificate New York operating procedure in the event of of Public Convenience and Necessity (CPCN) filed on November 1, 2011.

Department of unanticipated contingency. This The Petition is available for review on the website of the NYSPSC Public Service information should include a discussion of (http://www.dps.ny.gov) in the file for Case Number 11-E-0593. As (NYSDPS) what back-up energy production capacity discussed in the CPCN Petition, the Project will be fueled by natural gas can be sustained, if any; the back-up fuel only and no back-up fuel will be used.

source(s); the proposed on-site fuel Use of natural gas as the sole fuel lowers the potential environmental supplies and their expected duration; and, impacts of the Project compared to the use of back-up fuel oil.

the process for switching fuels if a gas Environmental impacts that are avoided include air emissions and water emergency occurs or is declared.

use associated with the use of fuel oil; additional truck traffic required to deliver fuel to the Project; and potential safety and environmental issues associated with storage of more than two million gallons of oil adjacent to the Great Swamp CEA. Combustion of fuel oil in the turbines would result in an increase in emissions of sulfur dioxide (SO2), NOx and particulate matter including fine particulates (PM2.5). Together with the Projects planned firm gas supply contract, avoiding these environmental impacts and risks outweighs the potential benefits of using back-up fuel on a limited basis.

It should be noted that there will be on-site storage of small quantities of ULSD fuel and lubricating oils. ULSD storage will be limited to the fire pumps integrated 650-gallon fuel tank and the four emergency black start generators, each with an integrated 1,000-gallon fuel tank. As required, all tanks, equipment and vessels containing ULSD fuel and/or lubricating oils will be located inside a concrete safety containment, sump or curbed dike area for spill control and management.

Project Description Page 1-23

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Christina The applicants should also discuss how 28-3 The CVE development team reviewed the state of the electric market in Palmero, the power production capacity was New York and developed a view on the future state of the market when a NYSDPS determined for the proposed generator at project could reasonably expect to go into operation. With this in mind the the Cricket Valley site. team looked at the ability of the Iroquois pipeline to supply gas to the Project and the capability of the adjacent 345 kV transmission line to move the electricity from the Property to the regional transmission system. After considering gas and electric transmission capabilities, in addition to site constraints, such as the availability of water for cooling, CVE determined that a 1,000 MW project was appropriate.

As described in Section 1.3.7 of the FEIS, the NYISO has conducted multiple assessments of the Project which have found that only minimal upgrades are required to interconnect to the grid. Additional upgrade estimates will be part of the ongoing Class Year 2011 Facilities Study.

Christina Staff of the NYS Department of Public 28-6 Additional details, such as those outlined, have been and will continue to Palmero, Service will review CVEs petition to the be provided to the NYSDPS as part of its review of the Projects Petition NYSDPS Public Service Commission (when filed) for a CPCN, which was filed on November 1, 2011. The NYSDPS will for an eventual recommendation to, and receive all required information through that review process.

decision by the Commission on the required Section 68 and Section 69 authorizations. As such DPS Staff requires copies of all plans, documents and specifications to be prepared in further support of this project including, but not limited to, final construction drawings and specifications, final site grading and drainage plans, wetland restoration and mitigation drawings and a final Storm Water Pollution Prevention Plan. DPS reserves the right to request additional information during its review.

Project Description Page 1-24

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number David Roberts, The largest concern is a lack of track 29-4 The Advanced Power development team has many years of experience Pawling Resident record for CVE. There are no current developing projects of this type and equivalent size which are currently in projects operating in the U.S. A plant in operation in the U.S., including in New York State. In addition, CVE has the Boston area is not up and running yet. agreements with two partners, GE Energy and Marubeni Power I would recommend delaying action on International, who each bring extensive development and operational this application until performance can be experience to the team. GE Energy not only has installations of its turbine evaluated on other projects initiated by technology at thousands of locations through the U.S., but is one of the CVEs parent company. worlds largest third-party providers of power plant operations and maintenance service, managing more than 22,000 MW of power assets.

Marubeni has a similar strong operational background, with ownership in over 29,000 MW of power facilities.

Jurgen Wekerlie, The DEIS must document and evaluate 30-9 The Project will be privately funded, and will not rely upon federal, state or Sierra Club, the total public subsidies for which this local incentives, with the exception of a structured tax agreement (PILOT)

Atlantic Chapter Project is eligible including all federal, which will be developed through the Duchess County IDA, the Town of state and local incentives such as DOE Dover and the Dover Union Free School District.

[Department of Energy] energy credits This site has not been designated as a Superfund site under the and directed funding, Federal 08 and 09 Comprehensive Environmental Response, Compensation and Liability Act stimulus package incentives, NYS and (CERCLA). Site demolition, disposal, and remediation will be entirely paid local IDA sales tax waivers, reduced for through private funding.

below market rate interest financing, property tax exemptions, reduced property/plant tax assessments, etc. The CVE site qualifies for Superfund monies, and also an extra bonus for being an energy company located on a Superfund site.

Project Description Page 1-25

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Jurgen Wekerlie, Further the DEIS must detail how 30-10 The Project will utilize only private funding. No public funds or resources Sierra Club, subsidies awarded to this Project will will be used that would displace or delay renewable energy projects or Atlantic Chapter absorb available finite public resources efficiency programs. The Project will create private sector jobs and that will displace and/or delay renewable generate substantial revenue (through tax payments or payments-in-lieu-energy priorities of the RPS and job of-taxes) for Dutchess County, the Town of Dover, and the Dover Union creation in the solar/wind/smart grid Free School District.

programs promoted by the state energy plan.

Tamara Wade, Will CVE obtain and utilize Federal and 31-19 Federal and state monies will not be used for the Project; the Project will Wingdale State monies? And if so, wouldnt those be privately funded. Therefore, no public resources will be diverted from Resident public monies be best spent, helping renewable energy or energy efficiency programs.

taxpayers to update their homes and businesses with true green energy production such as Solar and or wind turbines as with global warming being a main concern we might consider deeply that fossil fuel energy of any kind needs to cease, and non-emission producing renewable alternatives are the only hope for a future and the wellbeing of all life.

Graham Trelstad, "Table 1: List of Agencies Permits and 32-1 The current information is reflected in Table 1-1 of the FEIS, including the AKRF Approvals" on page 2 and "Table 1-4: proposed zoning amendment. The Project has optioned the former Rasco Status of Permits and Approvals for the parcel to the south and no longer requires a subdivision approval.

Cricket Valley Energy Project" on page1-34 do not list the same required approvals for the Town of Dover. Both tables should also note the proposed Zoning Amendment which requires Town Board approval, as well as subdivision approval which is required Project Description Page 1-26

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number for the lot line change.

Graham Trelstad, Page 5 states that, The project has 32-3 The word complementary was selected to reflect the previously AKRF been designed to be complementary developed, industrial nature of the Project Development Area and the to the Propertys environmental manner in which the proposed Project can predominantly remain within resources and surrounding land uses." that previously developed area. To state that the Project does not The use of the term "complementary" significantly infringe would also be accurate.

seems out of place, "not infringe" would be more appropriate.

Graham Trelstad, Page 1-5, which describes the past 32-6 As discussed in Section 1.2 of the FEIS, the former Rasco property is now AKRF industrial use of the site, fails to mention encompassed in the overall Project Property and those uses have been the past and present use of the project discontinued. If approved, the Project represents an opportunity to clean site for product storage by Rasco up and remediate the former Rasco parcel.

Materials (formerly T&T Materials).

Graham Trelstad, The Project Description should include a 32-7 Since filing the DEIS, CVE has acquired an option to purchase the former AKRF discussion of the required subdivision to Rasco parcel. Therefore, a subdivision is no longer required and no uses adjust the lot line between the Project associated with RASCO Materials will remain.

Site and the Rasco Materials parcel (which, like the Project Site, is owned by Howland Lake Partners). It is noted that Rasco Materials shares the same driveway off of Route 22 with the Proposed Project. How will access to the Rasco site be maintained? Are there any plans to purchase the Rasco site since it is owned by the same entity?

Graham Trelstad, It is noted that the proposed Laydown 32-8 Given the temporary manner in which the remote Laydown Site will be AKRF Site is the field from the Asher B. used, as well as the pre-construction and post-construction measures to Durand painting, "Dover Plains." This be implemented, no change in the current character is expected. The should be addressed as a potential remote Laydown Site will be restored and returned to its existing use as community character impact. an agricultural field following its restoration post-construction.

Project Description Page 1-27

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Graham Trelstad, Pg 1-19 states that the Federal Aviation 32-9 The visual impact assessment presented in Section 6.2 of the DEIS AKRF Administration (FAA) will require indicated that views of the facility stacks will be limited, day or night, due to lighting on all three stacks, and topography, vegetation and distance. The facility, including its stacks, recommended a dual lighting system that would not be visible at night, although FAA safety lighting on the stacks would result in red lighting at night and will be visible. Stack lighting will be similar to the FAA lighting one sees on medium intensity white lights during communication towers. Because the stacks are co-located, it is daytime hours. Photo-simulations of the anticipated that only a single light per stack will be necessary to provide proposed night-time illumination from for adequate visibility. Other lighting will be directed downwards and sensitive receptors and an assessment of would not result in nighttime off-site visibility of the facility.

potential impact to those receptors from The analysis presented in Section 6.2 of the DEIS demonstrates the night-time illumination should be consistency with NYSDECs Visual Program Policy, and although provided.

resources of statewide significance were not identified from which significant visual change would be anticipated, additional simulations were provided of other viewing locations that represent the potential for local changes in view.

The closest view is that from Route 22, reflected in Figure 6.2-6 of the DEIS. Stack lighting would be expected to be visible from that location.

However, viewers would be driving along Route 22 and experiencing a momentary glimpse of the lighting that would not be dissimilar to the effect of street lights or similar features. Viewers from the other evaluated representative locations also have the potential to view stack top lighting, but distance and vegetation will place the lighting as a horizon feature.

The potential impact of the views would vary, as individual viewer sensitivity to this form of lighting varies. CVE is working with the FAA to minimize the need for stack lighting to the extent possible while still meeting FAA safety requirements.

Project Description Page 1-28

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Graham Trelstad, Page 1-22 notes that a small amount of 32-10 Even directly in the exhaust plume, the maximum ammonia concentration AKRF un-reacted ammonia ("ammonia slip") will would be 5 parts per million, well below the ammonia odor recognition be leaked from the project. Will the smell threshold. Ground-level concentrations would be substantially below this of the ammonia be detectable off-site? level. Therefore, there will be no odor associated with the emission of What are normal background levels of trace amounts of ammonia in the exhaust. Typical background ammonia for comparison? concentrations of ammonia range from a few parts per billion to as high as 50 parts per million in heavy agricultural areas. The proposed Project will have no discernable impact to ammonia levels in the area.

Graham Trelstad, Section 1.6 - Required Permits and 32-11 Table 1-1 of the FEIS reflects the need for an amendment to the Town of AKRF Approvals on page 1-33 should discuss Dover zoning code. CVE submitted a proposed noise amendment on the potential zoning amendment 1/25/2012.

regarding noise limits at the property line and fence height since these are discussed later in the document.

Graham Trelstad, General - Under the list of project 32-16 Table 1-1 of the FEIS has been updated to address this requirement.

AKRF approvals, New York State Petroleum Bulk Storage and Chemical Bulk Storage registrations should be identified.

Graham Trelstad, Page 6-5 incorrectly describes the 32-36 RASCO Materials LLC is no longer operating at this location. As AKRF status of the Rasco Materials facility. discussed in Section 1.2 of the FEIS, the former Rasco property is now Town of Dover and NYSDEC review of encompassed in the overall Property.

this project has been completed.

Graham Trelstad, Page 6-5 also incorrectly describes the 32-37 RASCO Materials LLC is no longer operating at this location. As AKRF project site and Rasco Materials site as discussed in Section 1.2 of the FEIS, the former Rasco property is now unrelated to each other. They currently incorporated into the Property. Thus, the issues raised in the comment share the same access driveway off of are no longer a concern.

Route 22, and Rasco Materials has historically used portions of Building E as part of their processing and storage.

Project Description Page 1-29

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Graham Trelstad, The DEIS should consider the burning 32-61 We agree that the burning of natural gas as fuel for the Project can be AKRF of Natural Gas an Irreversible and considered an irreversible and irretrievable commitment of resources.

Irretrievable Commitment of Resources.

Graham Trelstad, The Growth-Inducing Aspects of the 32-62 As discussed in Section 8.4.4 of the DEIS, the Project is not expected to AKRF Proposed Action should further result in growth by the construction of improved infrastructure. The evaluate whether the proposed project, Project is intended to meet reliability and load requirements of the regional and increased availability and reliability grid, and is not expected to affect the use of energy or stimulate energy-of energy, would increase energy using growth.

usage and generate growth.

T. Michael The construction and operation of the 33-6 None of the Project activities will be located west of the Metro-North Twomey, Entergy Project will involve substantial soil railroad track that separates the Project Development Area from the disruption at a former industrial facility Swamp River. In addition, best management practices and compliance with documented site contamination and with regulatory requirements will not only minimize the potential for also create acres of impervious surface. accidental spills or discharges, but identify measures for rapid response, if Although the Project has a Stormwater necessary.

Pollution Prevention Plan (see DEIS, Note that the Town of Dover Town Board approved a revised FEMA sect. 5.6), this is no guarantee that the floodplain map in April 2012 (provided in Appendix 3-C of the FEIS); the contaminants associated with adjusted floodplain overlay district does not extend east of the Metro-North construction related activities, as well as railroad track. Work within state-regulated wetlands is limited to Wetland inevitable spills of the various hazardous 2, where only a very small finger of marginal wetland will be altered; this substances that will be kept on site during will be fully replaced, resulting in no net loss. In fact, the clean-up of operation, will not make their way into the previously developed portions of the Property is expected to contribute to Great Swamp. Given the reported safeguarding the quality of the state-regulated wetlands associated with ecological value of the Great Swamp, we the Swamp River. No flood storage volume will be compromised by the respectfully question the location of this Project and therefore no compensatory flood storage would be required new facility within the watershed of, and nor would special flood damage protection be required for Project design.

adjacent to, the Great Swamp.

Certainly, it is hard to understand how In fact, the Dover Master Plan specifically identifies this particular location the Project can be reconciled with the as appropriate to maintain an industrial designation, referencing the site Dover Master Plan's goal of Project Description Page 1-30

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number "discourag[ing] the development and locations as the Mica plant.

encourag[ing] permanent protection of Note that CVE does not consider spills of hazardous materials to be state-regulated wetlands and their 100-inevitable. The Project will incorporate design measures and best foot buffers," and prohibiting uses in the management practices as safeguards on this issue.

federally designated 100-year floodplain which includes portions of the Great Swamp.

Sibyll Gilbert, We request that CVE do what it can to 36-4 Low impact lighting is incorporated into the Project design, with lighting Oblong Land avoid the most offensive high impact directed downwards and consistent with what is necessary for safety, Conservancy lighting, and when at all possible, install security and functions. Project area lighting (as detailed in DEIS Section low impact lighting that reflects the 6.2.3 and DEIS Appendix 6-C) will meet the standards of the Illuminating recommendations made in this Engineering Society Lighting Handbook and the code requirements of the communication on recommendations and Town of Dover. In addition, lighting on the Project stacks will be the guidelines. minimum necessary to meet FAA safety requirements.

Ryan Courtien, Some [comments] listed in the Executive 37-1 A summary section, by its nature, is unable to provide the detail necessary Town Supervisor, Summary may be explained in later for a comprehensive understanding of key issues. It would be hoped that Town of Dover sections but a better understanding of those interested in a particular topic would take advantage of the publicly these topics in the Executive Summary available versions of the DEIS and explore those issues further. To would greatly benefit the public because supplement the material in the DEIS, the CVE team has hosted numerous of the few people who actually read these public working groups at its Community Outreach Office in Dover Plains, documents, most of them may only read where Project consultants have been made available to answer specific the Executive Summary. questions in detail.

Ryan Courtien, ES-10: Take out where project design 37-9 All temporarily disturbed areas will be revegetated. The phrase where Town Supervisor, allows. If areas are not revegetated, project design allows was intended to refer to the fact that lawn may be Town of Dover then they are not temporarily disturbed. more practical than local plant species in some areas if pedestrian access Also, a suitable local plant species can be is expected to be frequent.

found for any area on the site.

Project Description Page 1-31

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Ryan Courtien, ES-15: Will the project require any 37-15 The Project may be required to replace the cable splices on the existing Town Supervisor, improvement to the ConEd Electric Lines Con Ed transmission line. The extent to which replacement is required will Town of Dover or Iroquois Gas Pipeline? If so, what be determined through the ongoing NYISO Interconnection Process improvements? (specifically, as part of the Class Year 2011 Facilities Study).

The Project will require no improvements to the Iroquois Gas Pipeline.

Ryan Courtien, Figure 1-2: RC does not mean recreation; 37-27 Thank you for noting this typographical error.

Town Supervisor, it means resource conservation.

Town of Dover Ryan Courtien, Figure 1-4: No longer TT Materials; is 37-28 As noted in Section 1.2 of the FEIS, the expansion of the Project site has Town Supervisor, now RASCO. eliminated this additional use.

Town of Dover Ryan Courtien, Figure 1-4: What is the purpose of 37-29 The lettering on Figure 1-4 of the DEIS corresponds with the discussion in Town Supervisor, lettering the buildings on the map if the Section 2.2.1.1, where additional detail is provided regarding existing Town of Dover letters dont relate to anything? Why are building historical use.

some lettered and some explanatory?

Move to Section 2 or move Section 2 into Section 1.

Ryan Courtien, Figure 1-5: What do the different colored 37-30 The arrows are generally intended to reflect direction of air flow. The Town Supervisor, arrows represent? Is gas being fed into colors can be interpreted to represent temperature. Cool air enters the air Town of Dover the system through ducts after the compressor and cooling fans; red arrows and segments of equipment turbine? What do the circles represent? represent the hottest portions of the process; and yellow and white arrows Do the hot steam lines leave in parallel represent warm to cool temperatures passing through the system and and return cold in series? Is electric exhausting from the stack and air cooled condenser.

generated from the air compressor? This, The shapes (including the circles) are all representational of various and all aspects of the DEIS, is supposed equipment elements, with the circles indicating nodes where each of the to be understandable to the general three units connects to piping. The air compressor is an integral part of public.

the gas turbine and by itself does not generate electricity but compresses the air used in combustion which turns the section of gas turbine generating the electricity.

Project Description Page 1-32

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Ryan Courtien, Figure 1-6: Well B-3 should have some 37-31 The Projects primary well will be located within the perimeter fencing Town Supervisor, protection from tampering due to its which secures the complete operations of the Project. Three on-site wells Town of Dover location outside of the fenced area and its will be located outside of the secure, fenced Project area. All on-site wells proximity to RT. 22. Consideration also currently have locks and will continue to be protected by padlocked steel toward wells B-5 and B-6. well caps to protect against tampering; these will be periodically checked by operational staff to confirm locks are secure. In addition, Well B-3 (due to its location proximate to Route 22) will also be protected by bollards, pursuant to the requirements of Chapter 145-15.E(1)(c) of the Town of Dover Zoning Code.

Ryan Courtien, Figure 1-8: There cannot be an elevation 37-32 This is a normal engineering drawing convention and is typical where one Town Supervisor, drawing with the elevation of the stacks element of a drawing is otherwise unchanged along its length. Showing Town of Dover being cut short. This figure needs to be the full stack height on this drawing would reduce the readability of other redone. Project details. CVE will adjust the Elevation Drawing to remove this drawing convention as part of its submittal to the Town of Dover pursuant to Chapter 145-65(B)16 of the Town of Dover Zoning Code. The visual simulations in Section 6.2.5 of the DEIS show the full heights of the stacks.

Ryan Courtien, The Leach Field and the Fin Fan Coolers 37-33 Figure 1-9 in the DEIS is a representational rendering which has since Town Supervisor, have reversed locations from Figure 1- been amended to show the correct configuration of the Leach Field and Town of Dover 6 to Figure 1-9. Additionally the Storm Fin Fan Coolers. Figure 1-6 of the DEIS, the engineering site plan, Water Pretreatment and Management shows the proposed configuration. The revised rendering, presented as Basin shape is altered. Figure 1-7 of the FEIS, is updated to present the most current representation of the facility, which is consistent with the engineering site plan.

Ryan Courtien, Figure 1-10: The Laydown Site map 37-34 Specific design details for temporary construction parking and laydown Town Supervisor, should include the proposed design of the have been developed for both the remote Laydown Site and the former Town of Dover site; not merely the part of the parcel Rasco parcel. These design details are presented in the preliminary being considered for use. SWPPPs (Appendix 5-A and 5-B of the FEIS) and will be the subject of discussion during the Projects Special Permit and Site Plan review with the Town of Dover.

Project Description Page 1-33

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Ryan Courtien, Figure 1-13: This timeline was recreated 37-36 Figure 1-8 illustrates an updated timeline. As you can see the time line Town Supervisor, in July 2010. Is the projected timeline has been modified to include the special permit process allowing for a Town of Dover anticipated start date still January 2012? construction start date in early 2013. Commercial Operation would begin in early 2016.

Ryan Courtien, 1-5: Move Figure 1-4 to Section 2 or 37-41 Figure 1-4 was in Section 1 of the DEIS to illustrate a closer view of the Town Supervisor, move the existing site conditions in aerial photo showing the Project Development Area. For efficiency, the Town of Dover Section 2 into Section 1. same figure was referenced in a later section.

Ryan Courtien, 1-7: Approximately 282.5 feet tall seems 37-42 Calculation of Good Engineering Practice (GEP) stack height does result Town Supervisor, to be rather exact. in exact dimensions. The use of the word approximately in this case was Town of Dover not necessary, and will not be used in the FEIS with regard to GEP stack height calculation.

Ryan Courtien, 1-8: How long can the fire pump run on 37-43 The Project will install a primary fire pump which runs on electricity and a Town Supervisor, 650-gallon fuel tank before requiring backup fire pump which runs on diesel. The diesel will be used if the Town of Dover refueling? electric pump fails to run for any reason. The pump can run for approximately 32 hours3.703704e-4 days 0.00889 hours 5.291005e-5 weeks 1.2176e-5 months without refueling.

Ryan Courtien, 1-9: Where does the 1000 MW rating 37-44 The 1,000 MW is a nominal rating, as the actual output of the gas turbines Town Supervisor, come from when the Net Output varies is temperature dependent. The actual output varies as shown in Table 1-Town of Dover based largely on temperature as seen in 1 of the DEIS.

Table 1-1?

Ryan Courtien, 1-10: Will there need to be a second 37-46 With the expansion of the Project property and discontinuance of the Town Supervisor, driveway created for access to the RASCO Materials LLC business, no secondary driveway is proposed for Town of Dover properties south of the project? use during construction or operation.

Ryan Courtien, 1-11: What affect, if any, will the heat from 37-49 Temperatures of the Project property and surrounding properties will not Town Supervisor, the plume have on local (project property be affected by the stack exhaust temperature. With heat, the stack Town of Dover and surrounding properties) exhaust will rise and cool at heights significantly higher than the 282.5-foot temperatures? stacks, such that ground level temperatures will not be changed as a result.

Ryan Courtien, 1-17: How will ammonia be delivered to 37-50 The 19 percent aqueous ammonia will be delivered to the site by Town Supervisor, the site? How often? specialized tanker trucks approved for transport of this material. It is Town of Dover anticipated that there will be 15 truck deliveries per month.

Project Description Page 1-34

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Ryan Courtien, 1-18: More detail is needed for purging of 37-52 All cleaning of pipes will be performed with inert gases such as nitrogen or Town Supervisor, hydrogen gas. compressed air. No hydrogen or natural gas cleaning will occur per the Town of Dover new NFPA standards. Additional detail on cleaning procedures will be detailed in the Projects Emergency Response Plan, which will be submitted to the Town of Dover.

Ryan Courtien, 1-19: Will the lighting cause a reflection 37-53 The lighting will not cause a reflection on the facility that would be seen off Town Supervisor, on the facility that will be seen off-site? site. As discussed in Section 6.2.3 of the DEIS, lighting for the Project has Town of Dover been designed to have minimal impact on the surrounding community while providing for safe operations. Project area lighting (as detailed in DEIS Appendix 6-C) will meet the standards of the Illuminating Engineering Society Lighting Handbook and the code requirements of the Town of Dover.

Ryan Courtien, 1-20: More details regarding A variance 37-54 Additional detail will be available as the Projects contractor is selected.

Town Supervisor, or an exemption for certain types of non- Section 2 of the FEIS provides information characterizing building Town of Dover friable asbestos may be requested from materials, as well as additional details regarding plans for appropriate the Town of Dover need to be given. disposal and reuse of material.

Ryan Courtien, 1-25: There will be 2800/5 = 560 5- 37-55 A total of 560, 5-gallon containers is the amount expected to be required Town Supervisor, gallon containers of medium WT Oil over the course of the 3-year construction period.

Town of Dover on site at one time or over the course of construction?

Ryan Courtien, 1-25: Is it supposed to be 50 - 1000 37-56 This should be 5,000 to 7,500 gallons of paint over the course of the 3-Town Supervisor, gallons of paint or 500 - 1000 gallons of year construction period. Thank you for noting this typographical error.

Town of Dover paint?

Ryan Courtien, 1-20: What is the composition of the step- 37-57 Step-up transformers are composed primarily of steel, iron, copper, Town Supervisor, up transformers? cooling oils, and ceramic insulating materials.

Town of Dover Stephen and Cate Although CVE conducted a variety of 38-3 Detailed scopes of work for environmental assessments were prepared as Wilson, Wingdale tests for impact on water, air, noise, a part of the public and agency review process associated with the DEIS.

Residents pollution, traffic, etc., none of these Study methodologies followed standard practice, were reviewed and were of sufficient duration to be approved by all applicable regulatory agencies in advance, and are Project Description Page 1-35

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number considered reliable in evaluating the considered to accurately represent the potential for impact.

full impact of the proposed plant in In the case of water resources, the original plan for pump testing was to actual operation. Most were only one conduct the analysis during April 2010. However, due to the large amount to two weeks in duration and could not of rain in March and April 2010, CVE delayed the pump test to prevent possibly take into account all of the results from being skewed. The tests were instead conducted in late June variables that could potentially alter the 2010, during a time when water levels were at seasonably low levels as results - for example, conditions at described in Section 5 of the FEIS.

different seasons of the year, additional building projects in the area, For further detail on how CVE analyses account for cumulative impacts, increasing population locally and please see Table 1-6 of the FEIS.

increased water usage resulting from any or all of these. Some also used basis points that should be considered irrelevant for our specific area.

Stephen and Cate In fact, Arcadis, the CVE 38-6 ARCADIS provides high quality technical and regulatory support to its Wilson, Wingdale environmental consultant who clients at numerous sites throughout the country. ARCADIS was not Residents wrote the DEIS,was mentioned in a involved in the initial Ringwood site activities, which were the subject of recent documentary titled "Mann vs. controversy. Since being involved, the companys work has been highly Ford" which aired on HBO. Arcadis regarded by the state and federal agencies overseeing that site. While the was apparently wrong in that Ringwood, referenced class action lawsuit progressed and eventually settled without NJ case, since their client, Ford Motor a verdict against Ford Motor Company, a separate technical team from Company settled with a large number ARCADIS continued to work under CERCLA towards site cleanup. For of cancer victims. the CVE Project, ARCADIS has provided community outreach support as well as technical analysis and permit application documentation, and has been supported by numerous additional firms that also have technical expertise and strong credibility in their respective areas.

Robert Herzog, Cricket Valley Energy exists only to 42-20 Advanced Power has established a Project company, CVE, to assure that Dover Resident develop the Cricket Valley project. It is all Project commitments are retained even should additional investors owned by a parent company, Advanced participate in the Project. Any future participants would become Power AG, a Swiss-based, privately- stakeholders in CVE, and will be legally bound to all commitments made Project Description Page 1-36

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number owned company. How many projects is by CVE as the Project company and holder of all permits and contracts.

Advanced Power currently operating?

The Advanced Power development team has many years of experience None. That company has only built only developing projects of this type and equivalent size which are currently in two plants, both considerably smaller, and operation in the U.S., including in New York State. In addition, CVE has both outside the United States, subject to agreements with two partners, GE Energy and Marubeni Power different regulations.

International, who each bring extensive development and operational Further, Advanced Power rapidly sold experience to the team. GE Energy not only has installations of its turbine both plants once they were up and technology at thousands of locations through the U.S., but is one of the running, so they do not have to live with worlds largest third-party providers of power plant operations and any consequences of operating them. maintenance service, managing more than 22,000 MW of power assets.

What this means is that it doesnt matter Marubeni has a similar strong operational background, with ownership in with whom our community has been over 29,000 MW of power facilities.

dealing, or what commitments they make.

Within a short time after construction is completed, we can expect Cricket Valley to flip the plant, selling it to new players who may have little or no regard for the operating commitments that Cricket Valley made. The residents of the Town of Dover should not be forced to be pawns in this scheme.

Jessica Abrams, How many times do we have to repeat T1-20 The State Environmental Quality Review Act (SEQRA) process is Green in Greene the same mistakes until we wake up, until intended to carefully consider a full range of potential issues, incorporating Inc. Earlton, NY we realize this is not the solution? This is public and agency comment into the scope of study as well as in the not even in the right direction. We're review process. The Project will be among the lowest emitting, most taking two steps back to trip one forward. water efficient facilities of its type ever constructed. In addition to We're walking into an era of totally displacing the operation of older, higher emitting generators, yielding unpredictable weather. Completely significant regional emissions reductions, the Project will clean up and unknown circumstances may be arising, restore an unused industrial site. It will also remediate wetlands and as we have seen with Fukushima Adjacent Areas that have been significantly degraded by historical Project Description Page 1-37

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number currently raining down on us daily. We are conditions on the site. Development of the Project also enables the noticing it in so many forms. We can't preservation of 79 acres of land abutting the Swamp River, protecting that even eat from our own Hudson River. area from future development.

Talk about our own backyard. If you really care enough, look at the history and think to yourselves: How many times do we have to repeat the same mistakes before we realize we have the solutions? They're clean. They're here. They're domestic.

Antonia Reading of portions of the formal T2-7 The specific comments outlined in this letter are addressed in the FEIS in Shoumatoff, comment letter submitted into the record response to Comments No. 9-1 through 9-5.

Housatonic Valley and responded to in this FEIS.

Association Cristina Bleakley, I live on Sherman Hill Roadacross from T2-8 No hazardous materials will be stored on-site. Section 2.3.4 describes in Dover Resident where the site of the parking is going to detail how the remote Laydown Site will be created, maintained and be located. One of my concerns is, is any restored to its original condition at the completion of construction. Parking hazard materials will be stored at that and storage of equipment at that location will be on one level.

site? 850 cars parking, is it one-level The addition of the 57-acre former Rasco parcel to the Property will allow parking? Is it two-level parking? I think CVE to move a substantial portion of the parking and laydown area onto they need to be a little bit more the Property. This is intended to reduce the impacts and traffic associated descriptive.

with the originally proposed remote parking area. CVE expects to use the original remote Laydown Site for overflow parking during the peak construction months and as a staging area for non-hazardous construction material only.

Jessica Abrams, We do not want this in our backyards. T2-19 Environmental standards are established to be protective of the entire Green in Greene Unfortunately, we can't escape it. It's population, recognizing that the environment has no boundaries. This Inc. Earlton, NY everyone's backyard, regardless. That's Project complies with applicable environmental requirements, and thus will the unfortunate side25 jobs? And this safeguard clean water and clean air in addition to providing the range of major risk we're looking to introduce to environmental, economic and societal benefits, including direct and our area for no reason, as we do have the Project Description Page 1-38

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number solutions First and foremost is our secondary economic benefits, addressed in Section 6.7 of the DEIS.

people, the right to access to clean water and clean air and a safe environment is first and foremost before profitsOur health is not for sale.

Jessica Abrams, I want to understand, who pays for this? T2-21 The Project is privately funded, and will be a significant contributor to the Green in Greene Is this a tax dollar issue to accommodate local and regional tax revenues. No public revenue resources will be Inc. Earlton NY bringing this to the area? Because that diverted to accommodate this Project.

would, of course, be completely unacceptable.

Jessica Abrams, We also have to understand the footprint T2-22 The Project will remediate an abandoned industrial site, including both the Green in Greene that we're now removing from that very Project Development Area and the former Rasco parcel. This remediation Inc. Earlton NY land. What is the impact of this going will include restoration of previously impacted wetlands on the site, which forward on retention, the impact on the will have a positive impact on water quality.

Village, the infrastructures. We want to Stormwater management systems have been carefully designed, make sure we reduce that as much as prioritizing water reuse and conservation and using bioretention swales.

possible.

See Section 5.3.1 of the FEIS and FEIS Appendix 5-A and Appendix 5-B for a discussion of the proposed stormwater management plans, addressing the impacts of the footprint on retention.

The Project will be relatively self-contained, and will not add significant demand for town services or infrastructure. Avoiding and minimizing impact to the community and the environment has been a priority for the Project.

Project Description Page 1-39

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Jessica Wade I'm 22 years old. I just graduated from T2-29 The environmental standards with which the Project will comply were Former Dover college. I have a great life of ahead of me, developed to be protective of public health, including for the most sensitive resident and I'm going places, and I really don't populations. The Project offers substantial environmental benefits, need to stay here in Dover. I really don't. including mitigation and restoration of an abandoned industrial site, And I probably won't be. But how can I preservation of 79 acres of land abutting the Swamp River, and turn my back on my mom and dad who displacement of the operation of less efficient, higher emitting generators, will be a mile away from this or a yielding a regional air quality benefit. CVE is not aware of any instance in community that raised me they're not which a community sponsoring a gas fired combined cycle project has able to just sell their homes and go off. If experienced negative impacts on its real estate market as a consequence they did want to sell their homes, I'm of the facilitys development.

wondering if health effects do -- if we start to see that there are health effects and that people are getting sick, are people going to want to come into our community and buy our homes? What are you going to do about that when we can't sell our homes and we want to get out?

Linda French, Statement in support of the project. T3-1 Comments acknowledging support of the Project are noted.

Dover Resident Paul Palmer, Statement in support of the project. T3-2 Comments acknowledging support of the Project are noted.

Dover Resident Stancy DuHamel, Reading of comments by Robert Herzog, T3-3 Comments from Robert Herzog are addressed in this FEIS, in response to Wingdale responded to in this FEIS. Comments No. 42-1 through 42-20.

Resident Stancy DuHamel, Reading of comments by Constance T3-6 Comments from Constance DuHamel from this letter are addressed in this Wingdale DuHamel, responded to in this FEIS. FEIS, in response to Comments No. 41-1 through 41-11.

Resident Project Description Page 1-40

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Valerie Statement of support for the project and T3-7 Comments acknowledging support of the Project are noted.

LaRobardier, for the open, transparent process, and Dover Plains surprise at new questions coming at this Resident stage of review.

Mark Chipkin, The other thing I wanted to mention is T3-10 The Project has incorporated significant water-conserving measures, at Pawling Resident that in taking all this water and producing substantial cost to the Project, in order to keep water demand low.

all those greenhouse gases, I don't see Through displacement of older, less efficient power plants in the region, much here in terms of what Cricket Valley the Project will result in a net reduction of over 650,000 tons per year of Energy is giving backAnd yes, I know GHG emissions (see Table 4-36 of the DEIS, as derived from Appendix 1-that there'll be some -- there'll be jobs A of the DEIS). The Project will also fund and execute the cleanup of an created, but I don't want jobs for pollution, abandoned industrial complex that currently represents a potential that's not -- that's not a good trade-off to environmental liability. It will also commit to the preservation of 79 acres me, that we should be in a situation where of land bordering the Swamp River in perpetuity.

we say, yeah, we need the jobs, and then everybody has to deal with the noise. The Project will comply with environmental regulations intended to safeguard the environment and community. Other Project features such as jobs and taxes are important community benefits, but in no way are considered to be a replacement for good environmental stewardship.

CVE has demonstrated a commitment to such stewardship, reducing its environmental impacts and giving back to the community through a wide variety of community outreach efforts (such as Advisory Working Groups, Open Houses, and newsletters). Project design refinements and potential community benefits have resulted from these discussions; these conversations continue as CVE works with the Town Board to discuss components of a formal community benefits package.

Mike Purcell, I don't know how many structures T3-39 CVE worked closely with the public and regulatory agencies to define Pawling Resident [studies?] Cricket Valley's done in the field appropriate scopes of study for the Project, and has documented findings here, and there's probably plenty they in the DEIS. It is correct that each site has unique attributes that must be could do by monitoring water and air, you considered; it is also the case that this Property presents a unique can maybe get some baseline studies to opportunity to construct and operate the Project within the existing Project Description Page 1-41

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number seewhat's out there, becausethe developed footprint of an abandoned industrial complex. Potential Harlem Valley's a real special impacts to wildlife are discussed in Section 3 of the DEIS and the FEIS.

placeYou've got more wildlife here than anywhere else in New York State almost, species-wise, you've got all kinds of birds, fish, turtles, whatever you want, animals; they're all out there.

Steve Vincent, Statement in favor of the project due to T3-45 Comments acknowledging support of the Project are noted.

Dover Resident site clean-up, tax revenues, and compliance with standards.

Jaime Vincent, Statement in favor of the project, including T3-46 Comments acknowledging support of the Project are noted.

Dover Resident the low noise impact expected due to other background sound level.

Ross Cardwell, you need two sides of the argument, T3-55 The SEQRA process is intended to allow for detailed exploration of key Wingdale we need the pros and the cons, we need issues, gathering input from the public as well as federal, state and local Resident an in-depth investigationWhat does agencies, to inform a thorough and detailed public review and thoughtful make sense is examination of the decision process. CVE has provided significant information and evidence from all sides so that we can opportunity to examine all sides of many issues through six public make an informed decision as a hearings, 15 advisory working group sessions and two open houses. In community, and we don't have that addition, CVE currently funds an escrow account with the Town of Dover available to us right nowAnd if we don't which allows for the independent review of the Project by qualified have that available to us right now, you consultants. As a result of this funding, the Town of Dover has retained can't support the application until you the services of AKRF and Berger Engineering to review the DEIS, and doThere's going to be problems. Their outside expert, Dr. Bruce Egan, to supplement the existing expertise for a failures are human error. There's going to review of the environmental impacts related to air quality.

be problems with this plant. We need to know what those potential problems are before it goes up.

Project Description Page 1-42

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Carol Moran, It seems to me that the most important T3-56 Monitoring is an essential element of the Project to confirm compliance Dover resident things that have been said are the with environmental commitments. Continuous monitoring of the air discussion of getting some funding to do emissions and water system will occur.

the things that will help if this plan goes through. there are lots of things we can CVE is in the process of finalizing a PILOT agreement and Community do with getting funds to maintain Benefits Package with the Town of Dover. The use of those funds for monitoring and even things like getting monitoring and information dissemination will be at the discretion of the funds to maintain the Town's website so Town of Dover.

that we can disseminate information to those people who are fortunate enough to have computers and be comfortable using them.

Manna Jo Green, The other thing that I think is really T3-59 Monitoring is an essential element of the Project to confirm compliance Rosendale important is closer monitoring. with environmental commitments. Continuous monitoring of the air Resident, emissions and water system will occur.

Environmental Director for Hudson River Sloop Clearwater Lydia Odunsi, We need to do a lot of work before we T3-66 These issues have been addressed in conjunction with the SEQRA review Wingdale can prevent the air pollution, the too much process, both by CVE and its team, as well as by members of the public Resident traffic. and agency representatives. Detailed consideration of a range of issues, including air quality and traffic, has informed the public through SEQRA, and will continue to be vetted through the local approval processes. The Project will comply with air quality standards that are designed to protect even the most sensitive members of the population, and the Project is anticipated to create a regional net air quality benefit. Traffic impacts during construction are likely to be noticeable, but measures will be implemented to mitigate the impacts to the community. Once the facility is operational, traffic impacts will be negligible.

Project Description Page 1-43

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-2: Responses to General or Editorial Comments Author Summary Comment Response Number Constance mitigation is cheaper and more T3-87 The Project has incorporated substantial mitigation through use of careful DuHamel, effective than remediation. And who's siting and design features, as well as preservation, clean-up, restoration Wingdale gonna enforce it? The DEC, the DEC that and wetland creation activities, including clean-up of the former Rasco Resident allowed Rasco's predecessor to leave parcel. CVE intends to carefully monitor compliance with all regulations.

junk all over that property and then bring Project emissions will be continuously monitored and reported to in another contaminated soil project over NYSDEC which shares enforcement responsibility with USEPA.

our aquifer. We don't want to rely on DEC to be enforcing excess emissions or excess noise or anything like that. I want us to meet our standards before that point goes up.

Jurgen Wekerle, Generating facilities are not utilities, they T3-89 The Project will not receive public subsidies or funding. This Project is not Sierra Club are considered factories, they get all of a utility but it does fall under the regulation of the NYSPSC and must meet the benefitsabove and beyond what we all the NYSPSC requirements to be approved for construction. The consider the energy subsidies from the Project is privately funded, and will be a significant contributor to the local

'05 Energy Act as well, so they get it from and regional tax revenues.

both ways.

Jurgen Wekerle, The project here also benefits from credits T3-90 The Project site is not a Superfund site and no subsidies or government Sierra Club of putting up a Superfund site. In effect, funding will be used for the Project. All Project expenditures, including site this project could be built in its entirety demolition and remediation, will be privately funded and recovered from the subsidies even if no returns are through Project operations and the sale of electricity.

made on the investment, if no electricity ever were produced.

Project Description Page 1-44

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.4.2 Requests for Additional Hearing or Review Review time for a DEIS is established by regulation, and an extension was granted for this Project to allow for additional time for completion of a thorough review. The time period for public review lasted from May 25, 2011 through August 5, 2011, which is beyond the minimum 30-day comment period prescribed in SEQRA regulations. CVE has also supplemented the official SEQRA process with extensive public outreach that includes 15 public workshops and two open houses spanning a 24 month period, inviting everyone interested in the Project to participate in either group discussions or one-on-one conversations with a range of technical experts.

Invitations were extended to every household in Dover via a mailed postcard, were publicized in the quarterly CVE newsletter, were announced on the Cricket Valley web site, and were publicized via advertisements in local newspapers and periodicals (e.g., the Pawling Press, The Millbrook Independent). In addition, the Town of Dover and NYSDEC have held public hearings or meetings on six occasions since May of 2009 to solicit public comment.

Significant independent and professional review by qualified experts has occurred to evaluate and refine the Project to reflect its current configuration. In addition to the multiple technical contributors to the DEIS, independent review was completed by NYSDEC (utilizing additional third party review by Ecology & Environment, Inc. for evaluation of water resources, traffic, noise and visual impacts, and relying on internal expertise for the remaining topics). The USEPA also provided independent review of air quality issues. In addition, CVE provided funding to the Town of Dover to allow for independent consulting review of the DEIS by AKRF and Berger Engineering. The Dover Town Board has also hired an outside expert using funds provided by CVE, for an air quality review. Dr. Bruce Egan has been retained by the town to supplement the existing expertise for an additional review of the environmental impacts related to air quality.

Table 1-3 identifies comments from those requesting an additional hearing or additional Project review. Due to the similarity of many of these comments, they are grouped into categories for response purposes.

Project Description Page 1-45

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Requests for a Saturday hearing Multiple (see Request for a Saturday hearing: 1-1; 2-1; Two formal NYSDEC weekday hearings were held on June 28, 2011 and listing under 3-1; 4-1; a Saturday hearing sponsored by the Town of Dover was held on July 9, Summary)

Vicki Doyle, Town Councilwoman, 5-1; 6-1; 2011. All comments received during the Towns Saturday hearing have Town of Amenia; 7-1; 27-1; been entered into the NYSDEC record and are responded to in this FEIS.

Constance DuHamel, Wingdale T1-1; Resident; T1-12; T1-

Lorraine ONeill Town Board, 18; T2-1 Town of Dover;

Sibyll Gilbert, Oblong Land Conservancy;

Peter Rostenberg;

Mike Purcell, Pawling Resident;

Tara Shoureck, Wingdale Resident;

Ryan Courtien, Town Supervisor, Town of Dover;

Peg Day, Dover Resident Project Description Page 1-46

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Comments regarding the need for good outreach and publicity regarding the Project Tara Shoureck, more outreach needs to go to 7-2 CVE has held 15 public workshops and two open houses spanning a 24-Wingdale surrounding towns as well, Pawling, month period, inviting those interested in the Project to participate in Resident Millbrook, nearby CTas this will impact either group discussions or one-on-one conversations with a range of them as well technical experts. Invitations were extended to every household in Dover Sibyll Gilbert, Request for Saturday hearing and concern 8-1 via a mailed postcard, were publicized in the quarterly CVE newsletter Oblong Land about public notification which is also mailed to every household in Dover, were announced on Conservancy the Cricket Valley Energy website, and were publicized via Cristina I was not informed that this was going T2-11 advertisements and press releases in local newspapers and periodicals Bleakley, Dover onSo I also would consider that maybe that are circulated in Dover, as well as in surrounding towns, including Resident some information would be sent to the Pawling and Millbrook (e.g., Pawling Press, Millbrook Independent, local towns that will be affected by this Pennysaver, etc.). In addition, the Town of Dover and NYSDEC have project like Pawling, New Milford. I think held six formal public meetings since May of 2009 to solicit public that we have the duty of informing them comment, with each of these meetings publicized via advertisements, that this project is going to be going on so postcard mailings, road signs, press releases, and announcements on close to them. the Cricket Valley Energy website.

Ross Cardwell, I learned about this project about two T3-47 Wingdale weeks ago, two weeks. There was Resident application before this Board that was submitted back in November of 2009. How is it possible that I've heard nothing about this project, I haven't seen a roadway sign, I haven't seen a poster? There's been no postage coming in through the mail, zero.

Nothing went out into my trash as a false advertisementabsolutely nothing, and I only raise this concern because I've spoken to some of my neighbors since learning of this proposal, none of my Project Description Page 1-47

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number neighbors have heard about this, none of my neighbors have received any postage, none of my neighbors know anything about this power plant and were mortified when I began to discuss the probability of three smokestacks blowing emissions a half a mile away from the high school.

Alex Ackerman, .I want you to prove to me that you've T3-74 Wingdale shown -- sent me one flyer, that I have one Resident flyer from you guys saying about this. 23 Bannister Lane, Wingdale, New York 12594 Mr. Galayda, I've gotten tons of postcards, but I think T3-84 Town Board they need to continue to do that. And then I think that, based on some of the comments that we've heard here today from some of the public, they need to go back and look at their mailing list. We need to make sure that we're getting it out.

Project Description Page 1-48

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Requests for additional time and for additional review by experts Mark Chipkin, Request for extension of the public 15-1 Review time for a DEIS is established by regulation, and an extension Pawling Nature comment period to allow the Town of was granted for this Project to allow additional time for completion of a Reserve Dover to hire an independent expert to thorough review. Significant independent and professional review has Management review the DEIS occurred to evaluate and refine the Project to reflect its current Committee configuration. In addition to the multiple technical contributors to the John Fila, 16-1 DEIS, independent review was completed by NYSDEC (utilizing Former Town of additional third party review by Ecology & Environment, Inc. for Dover Planning evaluation of water resources, traffic, noise and visual impacts, and Board Member relying on internal expertise for the remaining topics). The USEPA also provided independent review of air quality issues. CVE also provided Janet Pickering, 17-1 funding to the Town of Dover to allow for independent consulting review Dover Resident of the DEIS by the Town Planner (AKRF) and Town Engineer (Berger Joanne Otero, 18-1 Engineering). In addition, through CVE funding, the Town Board has Wingdale hired an independent air quality expert, Dr. Bruce Egan, to supplement Resident the existing expertise for a review of the environmental impacts related to air quality.

The DEIS public comment period was extended on multiple occasions to allow for additional public comment. The time period for public review lasted from May 25, 2011 through August 5, 2011, which is well beyond the minimum 30-day comment period prescribed in SEQRA regulations.

CVE has supplemented the official SEQRA process with extensive public outreach that includes 15 public workshops and two open houses spanning a 24-month period.

Project Description Page 1-49

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Joel Tyner, Incorporates article raising issues 24-7 The need for power is addressed in Sections 1.3.1 and 1.4.3 of the FEIS.

Dutchess County regarding the need for power and broad NYSDEC, as Lead Agency for the Project, has conducted an Legislature environmental impacts, calling for an independent review of the analyses contained in the DEIS, relying upon independent review by experts retained by in-house experts. Where appropriate, in-house expertise was the Town of Dover on behalf of its augmented with an independent contractor, Ecology & Environment, residents. Now, the Town has retained the which assisted in the evaluation of water resources, traffic, noise and firm, AKRF, to advise them but it is an visual impacts (consistent with the commenters experience).

open question as to whether additional expert help would be useful in evaluating CVE provided funding to the town of Dover to allow for independent the impacts upon air, water and noise. consulting review of the DEIS by AKRF and Berger Engineering. The Mark Chipkin, A third party review of this project should 25-1 Dover Town Board has also hired an outside expert, Dr. Bruce Egan, to Pawling be paid for by Cricket Valley. The third supplement the existing expertise for a review of the environmental Resident party used must be chosen by the Town of impacts related to air quality.

Dover.

Mark Chipkin, What is making Dover so attractive to 25-13 The CVE property was chosen due to its industrial zoning and the ability Pawling developers of environmentally risky to re-use an existing, abandoned industrial site, its proximity to an Resident projects? Is it that the developers know existing high-voltage electric transmission line and existing high pressure that Dover will not be able to afford the natural gas pipeline, and its existing buffer of trees and topography.

third party review and the litigation that Since its first submittal in 2009, CVE has worked in cooperation with the may be needed to oppose any Town of Dover to ensure the town has adequate funding available for inappropriate aspects of the project?

independent third party reviews. As a result of this funding, the Town of Dover has retained the services of AKRF and Berger Engineering to review the DEIS, and outside expert, Dr. Bruce Egan, to supplement the existing expertise for a review of the environmental impacts related to air quality.

The SEQRA process is designed to identify and evaluate potential environmental risks. In addition to incorporating clean technologies and stringent protections, the Project will also reduce regional emissions, clean up an abandoned industrial site, restore degraded wetlands and Project Description Page 1-50

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Adjacent Areas, and preserve 79 acres of land bordering the Swamp River, all of which provides a significant environmental benefit.

Tamara Wade, I have requested that my Town Board 31-4 CVE provided funding to the Town of Dover to allow for independent Wingdale seeks an Independent (of CVE) specialist consulting review of the DEIS, which was subsequently conducted by Resident to analyze the findings of the DEIS. AKRF and Berger Engineering. The Dover Town Board has also hired an outside expert, Dr. Bruce Egan, to supplement the existing expertise for a review of the environmental impacts related to air quality. CVE provided the funds for this independent analysis to the Dover Town Board.

John Fila, These and the many other issues and 35-5 NYSDEC, as Lead Agency for the Project, has conducted an Wingdale objections that have been identified and independent review of the analyses contained in the DEIS, relying upon Resident presented to you in other DEIS public in-house experts. Where appropriate, in-house expertise was comments, require further study. As a augmented with an independent contractor, Ecology & Environment, Inc.,

former member of the town of Dover's which assisted in the evaluation of water resources, traffic, noise and Planning Board I know it to be a common visual impacts (consistent with the commenters experience).

practice for a lead agency, when faced In addition, CVE has provided funding to the Town of Dover to allow for with anything as far reaching and independent consulting review of the DEIS by the Town Planner (AKRF) complex as this, to use outside expertise and Town Engineer (Berger Engineering). Through CVE funding, the to supplement the resources available Town Board has also hired an independent air quality expert, Dr. Bruce from within and not to rely solely on Egan, to supplement the existing expertise for a review of the information provided by the applicants environmental impacts related to air quality.

document(s) Given the importance of this project and the need to ensure the complete and proper protection of our environment along with the long term health and safety of Dover's residents, the need to supplement your department's team with whatever outside expertise is needed, is a given.

I believe you have the authority to direct the applicant to fund this independent Project Description Page 1-51

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number analysis through its escrow account so there should be no cost to the taxpayer.

Stephen and We object strenuously to the limited 38-2 The DEIS public comment period was extended on multiple occasions to Cate Wilson, amount of time allowed for residents to allow for additional public comment. The time period for public review Wingdale respond to the DEIS. lasted from May 25, 2011 through August 5, 2011, which is well beyond Residents the minimum 30-day comment period prescribed in SEQRA regulations.

In addition, CVE has supplemented the official SEQRA process with extensive public outreach that has included 15 public workshops and two open houses spanning a 24-month period.

Stephen and We join with others in the community In 38-9 CVE provided funding to the Town of Dover to allow for independent Cate Wilson, requesting that the CVE plan not be consulting review of the DEIS by AKRF and Berger Engineering.

Wingdale approved until such time as and Through CVE funding, the Dover Town Board has also hired an outside Residents independent and unbiased expert of expert, Dr. Bruce Egan, to supplement the existing expertise for a review the Dover Town's choosing can of the environmental impacts related to air quality.

complete an assessment of the potential impacts.

Cristina I must say there is no question that this 40-11 NYSDEC, as Lead Agency for the Project, has conducted an Bleakley, Dover plant is state of the art. One must ask is independent review of the analyses contained in the DEIS, relying upon Resident this plant the best choice for Dover? Do in-house experts. Where appropriate, in-house expertise was we have enough information? No. Are we augmented with an independent contractor, Ecology & Environment, Inc.,

moving too fast?...I hope that we the which assisted in the evaluation of water resources, traffic, noise and residents of Dover get to an opportunity to visual impacts.

get an outside agency to do the studies so CVE provided funding to the Town of Dover to allow for independent we can better understand the impacts this consulting review of the DEIS by AKRF and Berger Engineering.

plant will bring into our valley.

Through CVE funding, the Dover Town Board has also hired an outside expert, Dr. Bruce Egan, to supplement the existing expertise for a review of the environmental impacts related to air quality.

Project Description Page 1-52

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Constance That the Town of Dover retain an 41-6 CVE provided funding to the Town of Dover to allow for independent DuHamel, independent air quality expert to review the consulting review of the DEIS and for a review of the environmental Wingdale DEIS on our behalf. The fees will be paid impacts related to air quality. The Town of Dover selected AKRF and Resident by Cricket Valley Energy in much the same Berger Engineering for independent review of the DEIS and Dr. Bruce way AKRFs services were paid by Dover Egan, to supplement the existing expertise for a review of the Knolls. After reading the Air Quality section environmental impacts related to air quality.

of the DEIS, it is clear an industry expert is required to vet this project on the towns behalf: To that end, I recommend Camp, Dresser & McKee, now CDM, to check the data, analysis and conclusions in the CVE DEIS. The hydrogeologist hired by the Coalition for the Responsible Growth of Dover found enough errors in the data, analysis and conclusions from the Dover Knolls pump tests, as presented in the Dover Knolls DEIS, that DEC suggested the Town of Dover and AKRF, the Town Boards planner, incorporate our report in their analysis of the Dover Knolls DEIS.

Robert Herzog, It is worth noting that the energy cost and 42-18 CVE provided funding to the Town of Dover to allow for independent Dover Resident environmental impact studies were consulting review of the DEIS and for a review of the environmental prepared by General Electric. GE will also impacts related to air quality. The Town of Dover selected AKRF and be selling to CVE major pieces of Berger Engineering for independent review of the DEIS and Dr. Bruce equipment for the facility, for hundreds of Egan, to supplement the existing expertise for a review of the millions of dollars. Their findings in support environmental impacts related to air quality.

of the plant are hardly a surprise, and an GE Energy Applications and Systems Engineering was selected to alternate study performed by a truly conduct an economic dispatch analysis of the Project because they have independent and unbiased organization, developed and maintained the most widely accepted economic model selected by the community, should be used to simulate the operation of the New York electrical grid. All models conducted for this and all other major Project Description Page 1-53

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number findings of the DEIS that were derived from related to dispatch and energy cost provided in studies by GE to the interested parties. As the DECs mission Project will be independently verified by the NYSPSC and NYSDPS in includes supporting environmental justice, their assessment of the Public Service Law (PSL), Section 68 approval it should mandate that CVE provides funds process.

for such studies, since the community is hard pressed to do so.

Alan Surman, I was one of the proponents to bring in T1-4 Support of the Project and the process set out by the NYSDEC is noted.

Dutchess County the DEC earlier. I actually wrote to Legislator Commissioner Grannis to make the DEC the Lead Agency, because I really wanted an expert review of the air quality issues.

Cate Wilson, The first thing I would like to note is that T2-2 The DEIS public comment period was extended on multiple occasions to Wingdale the DEIS document itself is quite lengthy. allow for additional public comment. The time period for public review Resident It's many hundreds of pages long. It's also lasted from May 25, 2011 through August 5, 2011, which is well beyond on a topic that's complex and difficult for the minimum 30-day period prescribed in SEQRA regulations.

many of us to understand. Given that, I CVE has supplemented the official SEQRA process with extensive public think that perhaps the review period that's outreach that includes 15 public workshops, two open houses, and a been allowed is somewhat shorter than it Guide to the DEIS newsletter mailed to Dover residents. In addition, the might have beenThe one piece of it that I Project maintains a Project website (www.cricketvalley.com) through was able to get a pretty good look at is the which it created an Ask Cricket Valley webpage, specifically designed executive summary document. That, of to answer frequently asked questions and guide the public to answers course, is a very much reduced version of within the DEIS.

what is in the complete study.

Tamara Wade, Many of us do not possess the knowledge T2-16 Dover Resident to fully understand the DEIS in its entiretyI think that we need more time.

Jessica Abrams, Not only do we need extra time to navigate T2-23 Greene Co., NY the pros, the cons, but we also need time to understand, what are we in this for?

Project Description Page 1-54

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Peg Day, I think it's very obvious that we need T2-36 Wingdale more time. We need more time for Resident individuals to study, to learn, to think, and to assess.

Lorraine O'Neill, Clearly, the public is asking for more time, T2-37 Town Board, whether they come to the podium or not.

Town of Dover Stancy And I really want to reiterate that this town T3-4 CVE provided funding to the Town of Dover to allow for independent DuHamel, does not have the capacity to analyze this consulting review of the DEIS and for a review of the environmental Wingdale DEISI struggled, myself, going through impacts related to air quality. The Town of Dover selected AKRF and Resident the DEIS and only focused on air Berger Engineering for independent review of the DEIS and Dr. Bruce qualityYou know, it's just not -- it's not Egan, to supplement the existing expertise for a review of the the kind of thing that a local citizen and our environmental impacts related to air quality.

Town Board, who are elected officials, they In addition, NYSDEC, as Lead Agency for the Project, has conducted an are local citizens, none of them have an independent review of the analyses contained in the DEIS, relying upon expertise in the power, energy utility or air in-house experts. Where appropriate, in-house expertise was pollution or noise pollution arenas. We augmented with an independent contractor, Ecology & Environment, Inc.,

need experts. We can't afford them.

which assisted in the evaluation of water resources, traffic, noise and Cricket Valley Energy has to pay for them, visual impacts. USEPA, in conjunction with NYSDEC, reviewed the air and we need to choosethem.

quality input analyses completed for the Project. Independent review of environmental topics has also been undertaken by the U.S. Fish and Wildlife Service, New York State Office of Parks, Recreation and Historic Preservation, and the U.S. Army Corps of Engineers.

Project Description Page 1-55

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Chris Wood, Just recently I've become aware, and I T3-28 CVE provided funding to the Town of Dover to allow for independent Pawling think it's the NYISO which has circulated a consulting review of the DEIS and for a review of the environmental Resident, report in Albany, I believe it's confidential, impacts related to air quality. The Town of Dover selected AKRF and Oblong Land but one of the provisions in it, I Berger Engineering for independent review of the DEIS and Dr. Bruce Conservancy understand, relates to the making Egan, to supplement the existing expertise for a review of the availability of funds for local communities environmental impacts related to air quality.

to better investigate significant-impact The DEIS public comment period was extended on multiple occasions to projects, such as power plants. Now, if this allow for additional public comment. The time period for public review in fact proves to be the case, it would be lasted from May 25, 2011 through August 5, 2011, which is well beyond very useful. This has been referred to in the minimum 30-day period prescribed in SEQRA regulations.

other states as "Comments," to have additional expert advice provided, independent advice, on issues like noise quality and water, and if there is to be funding available from, say, to other sources, then time should be taken to allow that to happen. So, I would respectfully suggest that there be an extension to the period for public comment.

Tyler Davis, I wholeheartedly agree with the idea of T3-33 CVE provided funding to the Town of Dover to allow for independent Dover Plains having an independent person come in to consulting review of the DEIS and for a review of the environmental Resident look at the data from a nonbiased impacts related to air quality. The Town of Dover selected AKRF and perspective. Berger Engineering for independent review of the DEIS and Dr. Bruce Egan, to supplement the existing expertise for a review of the environmental impacts related to air quality.

Project Description Page 1-56

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Ross Cardwell, We need an independent entity to come in, T3-48 CVE provided funding to the Town of Dover to allow for independent Wingdale review the proposals that have been consulting review of the DEIS and for a review of the environmental Resident madeI've seen nothing from the state, impacts related to air quality. The Town of Dover selected AKRF and nothing from the EPA, nothing from any Berger Engineering for independent review of the DEIS and Dr. Bruce environmental agencies, that are Egan, to supplement the existing expertise for a review of the independent of Cricket Valley that will environmental impacts related to air quality.

allow for the residents of the state to make NYSDEC, as Lead Agency for the Project, conducted an independent an independent decision of their own as to review of the analyses contained in the DEIS, relying upon in-house whether or not they want it.

experts. Where appropriate, in-house expertise was augmented with an independent contractor, Ecology & Environment, Inc., to evaluate water resources, traffic, noise and visual impacts. USEPA, in conjunction with NYSDEC, reviewed the air quality analyses completed for the Project.

Independent review of environmental topics has also been undertaken by the U.S. Fish and Wildlife Service, New York State Office of Parks, Recreation and Historic Preservation, and the U.S. Army Corps of Engineers.

Jill Way, Dover It is truly hard to balance economic T3-65 CVE provided funding to the Town of Dover to allow for independent Resident development and environmental consulting review of the DEIS and for a review of the environmental protection, and I'm here really to ask for impacts related to air quality. The Town of Dover selected AKRF (the one thing, that through maybe a Town Planner) and Berger Engineering (the Town Engineer) for collaborative arrangement or mutual independent review of the DEIS and Dr. Bruce Egan, to supplement the agreement the Applicant and the Lead existing expertise for a review of the environmental impacts related to air Agent could agree to extend the August 1 quality.

deadline for the Town Board to make comment so that the Town Board would then have the time to consider and retain an expert on air quality.

While I know that we have a Town Engineer and some other experts, I don't Project Description Page 1-57

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number believe that we have an expert who can actually take a hard look at the particular geography and the air quality impacts in the Harlem Valley using a modeling -

modeling data or data from western Dutchess County is not the same, and other folks have spoken about that, so I'm not gonna go over it, I think we all get the concept. And so, please, Town Board, would you consider hiring this air quality expert.

Ashley Ley, I understand that there have been a lot of T3-75 We are in receipt of all comments from the Town Planner (AKRF) and AKRF (Town questions about air quality. We do have have responded to those comments, which relate to air, water, land use, Planner) professionals who are experts in air quality and community character, as part of this FEIS.

on our staff that will take a look at the chapter and that have been reviewing the chapter.

Some of the comments that we've been focusing on specifically, because the Town of Dover is not the lead agency on this project, have been in relation to community character impacts, which include the noise impacts, because that does conflict with the Town of Dover Code, as well as visual impacts and water resources Project Description Page 1-58

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Mr. Galayda, You know, I am absolutely in favor of an T3-81 CVE has provided funding to the Town of Dover, through an escrow Town Board escrow for the Town that should be set so account under the Towns control, to allow for independent consulting that we can go ahead and hire review of the DEIS by the Town Planner (AKRF) and the Town Engineer independent consultants. (Berger Engineering). Through the Escrow funding, the Dover Town Board has hired an independent air quality expert, Dr. Bruce Egan, to supplement the existing expertise for a review of the environmental impacts related to air quality.

Ms. DuHamel we could ask them to size the project so T3-86 The Project is asking for relief from the noise ordinance only with respect that they're not going over noise thresholds to the Project Development Area boundaries along the existing Metro-or emissions thresholds...That's what an North railroad line, which does not represent a sensitive receptor. CVE expert would be able to tell you, at what controls the land on the other side of the rail line. The Project will comply point does the size bring emissions and with the ordinance along all other property boundaries.

noise down to our acceptable levels. I don't The NYSDEC and USEPA, both government agencies with a mission to want to rely on AKRF for that. I want an air protect the public and the environment, have concluded that emissions quality expert to come in and tell us what are at acceptable levels to protect the health of the most sensitive those air quality levels are and how the members of the population. CVE provided funding to the Town of Dover plant can meet those levels.

to allow for independent consulting review of the DEIS and for a review of the environmental impacts related to air quality. The Town of Dover selected AKRF (the Town Planner) and Berger Engineering (the Town Engineer) for independent review of the DEIS and Dr. Bruce Egan, to supplement the existing expertise for a review of the environmental impacts related to air quality.

Project Description Page 1-59

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-3: Response to Comments Regarding Requests for Additional Hearing or Review Author Summary Comment Response Number Comments regarding the lead agency determination Mark Chipkin, If the Town of Dover is NOT the Lead 25-2 NYSDEC was selected as lead agency for the Project in part due to its Pawling Agency, then the meeting of local residents internal technical expertise and familiarity with this type of project. The Resident should be directly with the DEC members Town is an involved agency under SEQRA, and has been welcomed to who are making the decision continue to play a strong role in the SEQRA process,. Comments Ryan Courtien I was one of the people who strongly T3-76 received on the DEIS, including those from the Town, are taken seriously advocated for the Town of Dover being the both by CVE and by NYSDEC in the preparation of the FEIS and in lead agency on the SEQRA Project decisions.

Mr. Chris we petitioned at the very beginning to be T3-77 The Town of Dover Town Board will have an integral role in the approval GalaydaTown the lead agentand the DEC said no, and of the Project through the granting of a Special Permit.

Board then we said, we know our residents best and we know our community best and we feel that we havethe most to gain by, or lose, as we are Town Board members of the community, so we went through the appeal process and the DEC said no. So, they basically stripped us of any power at this point until we get to the Special Permit stage...

Project Description Page 1-60

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.4.3 Displacement and the Need for Power Comments and responses in Table 1-4 are related to the Projects displacement of emissions and the need for power.

Section 1.1 of the DEIS discusses the Projects consistency with the NYISO 2010 Power Trends report, the NYISO 2009 Comprehensive Reliability Plan (CRP), and the 2009 New York State Energy Plan. The DEISs discussion of the purpose, need, and benefits of the action is provided to allow NYSDEC to weigh and balance the public need and other social economic and environmental benefits of the Project against identified potential environmental impacts of the Project, as required under SEQRA. If the environmental and community assessment evaluated through the SEQRA process shows that the Projects adverse impacts can all be adequately mitigated, a limited discussion of the need for the Project is sufficient. Benefits to be provided by the Project, which may exceed perceived needs, are a component of NYSDECs analysis, and may include socioeconomic and environmental benefits.

In ruling on several recent applications for approvals under New York Public Service Law §68 and Article VII (including projects cited by the commenters), NYSPSC has recognized the need for the addition of new, more efficient generating resources, even where there is not an 5

imminent threat to system reliability, based on a number of factors.

These factors include system reliability benefits, economic benefits for customers and New York State, and achievement of public policy goals including environmental benefits.

With respect to reliability, the NYSPSC has determined that the addition of new generation facilities provides an additional source of supply in the event that other expected generation and transmission projects are not available to the bulk electric system. This could result from projects not being completed as projected, or retirement of existing generation facilities. In 5

See, e.g., NYSPSC, Case 10-E-0197, NRG Astoria Power LLC, Order Granting Certificate of Public Convenience and Necessity, Providing for Lightened Regulation, and Approving Financing (Jan. 24, 2011) at 13; NYSPSC, Case 08-T-0034, Hudson Transmission Partners, LLC, Order Granting Certification of Environmental Compatibility and Public Need (Sept. 15, 2010) at 41; NYSPSC, Case 08-T-1245, Bayonne Energy Center, LLC, Order Adopting the Terms of a Joint Proposal and Granting Certificate of Environmental Compatibility and Public Need with Conditions, and Clean Water Act §401 Water Quality Certification (Nov. 12, 2009) at 16; NYSPSC, Case 09-E-0250, Astoria Generating Company, L.P., Order Granting a Certificate of Public Convenience and Necessity, Providing for Lightened Regulation, and Approving Financing (Dec. 23, 2009) at 11-12.

Project Description Page 1-61

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY addition, the NYSPSC has found that existing capacity may be reduced as a result of relicensing disapproval, or increased emissions control requirements such as compliance with the Clean Air Act National Ambient Air Quality Standards, or the effects of possible changes in state and federal climate change/greenhouse gas emission regulation and legislation.

For instance, the USEPA recently promulgated the Cross-State Air Pollution Rule, which will ultimately require reduced emissions of NOx, SO2, and fine particulates from most commercial fossil-fuel powered electric generators in New York. This rules use of a cap-and-trade system for the covered pollutants may affect the operating scenarios of facilities that do not have state-of-the-art emissions controls. The NYSPSC has recognized that new facilities may be expected to displace older, less efficient generation, leading to economic (e.g., reduced energy prices) as well as environmental benefits.

The comments in Table 1-4 point to the fact that the NYISOs evaluation of reliability needs in its recent annual Power Trends reports, CRPs, and Reliability Needs Assessments (RNA) determines that there is no need for additional electric generation facilities through 2020 to avoid violating minimum reliability criteria. The purpose of these planning documents is to examine the electric systems ability to satisfy electric system reliability and security criteria, and to 6

identify system additions needed to satisfy those criteria.

However, the NYISO documents conclusions that there is no imminent threat of failure of reliability criteria do not preclude a finding of need for the Project or a recognition of the demonstrated benefits gained by the public and environment as a result of its development.

Indeed, the 2010 RNA recognizes that new capacity resources may further improve and help maintain the reliability of the bulk power system, and that other system changes (e.g.,

retirements not included in the RNAs Base Case) - depending on timing and location - could result in future Reliability Criteria violations and could generate future Reliability Needs. These issues are addressed in Section 1.1 of the DEIS, in relation to the NYISOs 2009 CRP.

In support of the development of new sources of electric generation, the NYISO reinforces these 7

concerns in its 2011 Power Trends report, explaining that the sustained adequacy of resources may be challenged by the following factors: the considerable lead-time needed to finance, permit, and construct major energy projects; the potential retirement or other closure of existing 6

See 2011 Power Trends § 2; 2010 Power Trends at 4, 6; 2010 RNA § 1, 3.7; 2010 CRP § 1.

7 NYISO, 2011 Power Trends at 6.

Project Description Page 1-62

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY generation facilities as a result of business or governmental determinations; aging generation and transmission infrastructure; and the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants.

The NYISOs 2010 RNA report identifies a number of uncertainties in the base case assumptions associated with both aging infrastructure and numerous significant environmental initiatives that could affect the generators of existing plants contributing to the reliability of the electric system over the reports 10-year planning horizon.

In its CRP, the NYISO emphasizes that the reliability of the bulk power system continues to be maintained by a combination of additional resources (provided by independent developers that are responding to market signals, regulatory initiatives, and long term contracts); and the electric 8

utility companies who are obligated to provide reliable and adequate service to their customers.

In light of the potential market factors identified in its assessment and planning reports, the 9

NYISO specifically recommended:

Continued monitoring and tracking of the implementation of planned generation and transmission additions and the level of special case resource registrations, as well as vigilant monitoring for, and assessment of, any announced retirements; and

Continued monitoring of the development and cumulative effect of new environmental regulations that impact the operation of power plants and evaluation of their impact on resource adequacy and transmission security.

These issues were specifically addressed in the context of the Project in Section 1.1 of the DEIS. Further, CVE prepared a Security-Constrained Economic Dispatch Analysis, provided as Appendix 1-A to the DEIS, that forecasts annual reductions in load-weighted costs to serve in the New York Pool of up to $275 million; annual NOx reductions in the New York Pool of up to 618 tons; annual SO2 reductions in the New York Pool of up to 1,082 tons; as well as a decrease in total annual emissions of CO2.

The CVE Project is also uniquely situated to address a specific need more recently addressed by NYSPSC. In a September 2011 Order addressing black-start capability, the NYSPSC 8

NYISO, 2010 CRP, at 3.

9 NYISO, 2010 CRP, at 3.

Project Description Page 1-63

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY explained: "Those generation facilities that can be restarted without drawing power from the grid may be suppliers of Blackstart Service, which is one of the essential tools through which the electric transmission and distribution system is restored to operation in a timely and reliable manner after a blackout occurs. As such, adequate Blackstart Service from generation facilities 10 is essential to the reliable operation of New Yorks electric system. The CVE Project includes four diesel-fired black-start generators that will be used to re-start the facilitys combustion turbines in the event of a total power loss on the local or regional transmission grid.

As discussed in Section 6.1.5.3 of the DEIS, the public benefits of the Project also include the generation of up to 750 construction jobs and 25 to 30 high-skilled, permanent positions. The Project will also generate significant tax revenues for the Town of Dover, both directly and through the expansion of the towns tax base. In addition, CVE will demolish the existing abandoned and collapsed industrial buildings on the Property and will clean up the Property, as discussed in Section 2 of the FEIS. The clean-up activities will improve the previously developed portions of the Property, will restore impacted wetlands, and create additional wetland area. Preservation of 79 acres of land abutting the Swamp River will provide additional benefit to the community and environment.

These socioeconomic and environmental benefits are relevant to NYSDECs obligation to weigh and balance the public need and other social, economic, and environmental benefits of the Project against its potential environmental impacts.

10 Case No. 11-0E-0423, Consolidated Edison Company of New York, Inc., Declaratory Ruling Regarding Blackstart Service, Sept. 28, 2011.

Project Description Page 1-64

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number C.L.J. Wood, We are aware that a variety of questions 12-1 The cited comments point to the fact that the NYISOs evaluation of Oblong Land have been raised including the short-term reliability needs in its recent annual Power Trends reports, CRPs, Conservancy need for this plant, the long-term availability and RNAs determines that there is no imminent need for additional and cost of the gas used to power it...and electric generation facilities to avoid violating minimum reliability the benefits that will accrue locally as criteria. However, as discussed in Section 1.4.3 of the FEIS, an opposed to regionally from the construction environmental, reliability and economic need for the Project has and operation of the plant. been established.

Joanne Otero, there is some question as to whether or 18-3 NYSPSC has, in several recent orders, recognized the need for the Wingdale not NYS even needs this plant.

addition of new, more efficient generating facilities, even where Resident there is not an imminent threat to system reliability, based on a Joel Tyner, References NYISO Power Trends 24-4 number of factors, including system reliability benefits, economic Dutchess evaluation that the States wholesale electric benefits for customers and New York State, and achievement of County power system will continue to meet public policy goals including environmental benefits. With respect Legislature reliability standards through 2018..forecasts to reliability, the NYSPSC has determined that the addition of new show baseline energy demand rate is generation facilities provides an additional source of supply in the decreasingIs Cricket Valley Energy event that other expected generation and transmission projects are needed, even if Indian Point shuts down? 1,5 not available to the bulk electric system.

In support of the development of new sources of electric generation, the NYISO 2011 Power Trends report explains that the sustained adequacy of resources may be challenged by the following factors: the considerable lead-time needed to finance, permit and construct major energy projects; the potential retirement or other closure of existing generation facilities as a result of business of governmental determinations; aging generation and transmission infrastructure; and the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants.

Project Description Page 1-65

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Joel Tyner, In a letter addressed to Constance 24-5 It is acknowledged that energy efficiency and renewable energy are Dutchess DuHamel on July 12, 2011, Michael an important part of the regions energy portfolio. The Project is not County Seilback, Communications Director of the a substitute for, nor does it preclude, conservation, efficiency and Legislature American Lung Association in New York use of renewable resources. Rather, it is an important element of states, [O]ur public policy agenda declares an integrated energy strategy that includes all of these elements.

that we believe that we need to see more conservation, efficiency and the use of renewable resources before building new power plants.

Joel Tyner, Incorporates comments of R. Herzog 24-7 The cited comments point to the fact that the NYISOs evaluation of Dutchess raising issues regarding the need for reliability needs in its recent annual Power Trends reports, CRPs, County power and RNAs determines that there is no imminent need for additional Legislature electric generation facilities to avoid violating minimum reliability criteria. However, as discussed in Section 1.4.3 of the FEIS, CVE has articulated a basis for an environmental, reliability and economic need for the Project, which the NYSPSC will consider as part of its independent determination on CVEs application to the Commission for a Certificate of Public Convenience and Necessity (CPCN) pursuant to Section 68 of the Public Service Law (PSL).

1,5 NYSPSC has, in several recent orders, recognized the need for the addition of new, more efficient generating facilities, even where there is not an imminent threat to system reliability, based on a number of factors, including system reliability benefits, economic benefits for customers and New York State, and achievement of public policy goals including environmental benefits. With respect to reliability, the NYSPSC has determined that the addition of new generation facilities provides an additional source of supply in the event that other expected generation and transmission projects are not available to the bulk electric system.

Project Description Page 1-66

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number In support of the development of new sources of electric generation, the NYISO 2011 Power Trends report explains that the sustained adequacy of resources may be challenged by the following factors: the considerable lead-time needed to finance, permit and construct major energy projects; the potential retirement or other closure of existing generation facilities as a result of business of governmental determinations; aging generation and transmission infrastructure; and the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants.

Mark Chipkin, Dover and surrounding Towns must be 25-6 The Project is a wholesale merchant non-utility generation facility.

Pawling given the opportunity to buy local electrical In New York State, wholesale generators are prohibited from Resident power from Cricket Valley at reduced rates. providing power except to a licensed retail energy provider.

Mark Chipkin, It is unclear as to whether this plant is 25-8 As discussed in Section 1.4.3 of the FEIS, CVE has articulated a Pawling needed. What would be the implications if basis for an environmental, reliability and economic need for the Resident no contract to produce power was Project, which the NYSPSC will consider as part of its independent obtained?... determination on CVEs application to the Commission for a CPCN pursuant to Section 68 of the PSL.

1,5 NYSPSC has, in several recent orders, recognized the need for the addition of new, more efficient generating facilities, even where there is not an imminent threat to system reliability, based on a number of factors, including system reliability benefits, economic benefits for customers and New York State, and achievement of public policy goals including environmental benefits. With respect to reliability, the NYSPSC has determined that the addition of new generation facilities provides an additional source of supply in the event that other expected generation and transmission projects are not available to the bulk electric system.

In support of the development of new sources of electric Project Description Page 1-67

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number generation, the NYISO 2011 Power Trends report explains that the sustained adequacy of resources may be challenged by the following factors: the considerable lead-time needed to finance, permit and construct major energy projects; the potential retirement or other closure of existing generation facilities as a result of business of governmental determinations; aging generation and transmission infrastructure; and the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants.

It is worth noting that the CVE facility is a merchant project. No ratepayer funding is being sought. Therefore, any and all favorable impacts - reliability, economic or environmental - would benefit New York without imposing additional risk on electric ratepayers.

CVE alone bears the economic risks of its participation in electricity markets. Advanced Power intends to maintain ownership of the CVE Project as a long term investment. Any additional investors in the CVE Project will be required to agree to all commitments made by CVE as the Project company and holder of all permits and contracts. The Project, no matter who owns it, will be required to adhere to all permit and contractual requirements and obligations, which will be administered by governing bodies at the federal, state, county and local levels.

Christina The applicants must receive a Certificate of 28-1 CVE has submitted a petition for a CPCN pursuant to Section 68 of Palmero, State Public Convenience and Necessity (CPCN) the PSL and filed on November 1, 2011. The Project will also file of New York pursuant to Section 68 of the Public Service for approval of financing under PSL Section 69.

Department of Law (PSL) and, since a proposed security Public Service issuance has a term of more than one year, approval of financing pursuant PSL Section 69.

Project Description Page 1-68

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Jurgen Also not explained are the capacity limits 30-2 As discussed in Section 1.3.7, the Project is going through the Wekerle, Sierra and congestion vulnerability of the electric NYISO Large Generator Interconnection process, through which Club, Atlantic substation in Pleasant Valley which exists the NYISO will determine what upgrades and improvements are Chapter now even before the CVE plant is brought required for the Project to interconnect to the regional transmission on line. Major rewiring is anticipated in grid. The Project is interconnecting at a point south of the Leeds -

order to accommodate the Project. Pleasant Valley transmission congestion constraint.

Jurgen SEQR requires an evaluation of the public 30-4 Under SEQRA, if the environmental and community assessment Wekerle, Sierra need and benefits of the CVE evaluated through the SEQRA process shows that the Projects Club, Atlantic ProjectSEQR requiresa full range of adverse impacts can all be adequately mitigated, a limited Chapter alternatives and strategies that could also discussion of the need for the Project is sufficient. Benefits to be satisfy the Projects state purposeNew provided by the Project, which may exceed perceived needs, are a York State regulations also require an component of NYSDECs analysis, and may include socioeconomic evaluation of impacts on the use and and environmental benefits.

conservation of energy including a Section 1.2 of the DEIS specifically discusses the Projects demonstration that the Project will satisfy consistency with the five policy objectives of the 2009 State Energy generating capacity and other electric Plan: (1) Maintain reliability; (2) Reduce GHG emissions; (3) system needs in a manner consistent with Stabilize energy costs and improve economic competitiveness; (4) the state energy plan, the state Renewable Reduce public health and environmental risks; and (5) Improve Portfolio Standards (RPS), and the state energy independence. Section 7 of the DEIS presents a discussion Greenhouse Gas Emission Policy.

of alternative means of achieving the Projects purpose and need.

The New York Independent System Section 8.5 of the DEIS discusses the effect of the Project on the Operator (NYISO) which manages the use and conservation of energy.

supply/reliability of electricity produced and SEQRA does not require a proposed electric generating facility to traded among New York merchants has demonstrate consistency with the Renewable Portfolio Standard, confirmed that there is no existing or which is implemented primarily through the procurement of energy anticipated need for additional power supply from renewable sources by New York State agencies and the New in New York State during the next 10-year York State Energy Research and Development Authority. See planning cycle through 2020 or beyond.

NYSERDA, New York State Renewable Portfolio Standard NYS is experiencing its fourth year-over-Performance Report (Program Period December 31, 2010).

year steady decline in power consumption Project Description Page 1-69

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number since 2007, even though July 2010, had the The Security-Constrained Economic Dispatch Analysis, Appendix highest monthly use on record, and several 1-A to the DEIS, forecasts the CVE Projects impacts on emissions weeks during July 2011, had the highest of CO2, the primary GHG, and Section 4.6.5 of the DEIS also weekly use on record. During those peak discusses the Projects potential GHG emissions, consistent with periods, no supply disruptions were the NYSDECs Greenhouse Gas Policy. As discussed in FEIS experienced. Section 4.3.1.1, the Project will represent the lowest emitting fossil-fuel-fired power plant of its kind ever constructed. Further, the Project will reduce regional emissions of all air pollutants and greenhouse gases by displacing the operation of older, less efficient and higher emitting power plants in the region. Increasing baseload electric generation capacity while reducing regional emissions is completely consistent with New Yorks air quality and climate change goals and objectives.

The cited comment points to the fact that the NYISOs evaluation of reliability needs in its recent annual Power Trends reports, CRPs, and RNAs determines that there is no imminent need for additional electric generation facilities to avoid violating minimum reliability criteria. However, as discussed in Section 1.4.3 of the FEIS, an environmental, reliability and economic need for the Project has been established.

1,5 NYSPSC has, in several recent orders, recognized the need for the addition of new, more efficient generating facilities, even where there is not an imminent threat to system reliability, based on a number of factors, including system reliability benefits, economic benefits for customers and New York State, and achievement of public policy goals including environmental benefits. With respect to reliability, the NYSPSC has determined that the addition of new generation facilities provides an additional source of supply in the event that other expected generation and transmission projects are Project Description Page 1-70

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number not available to the bulk electric system.

In support of the development of new sources of electric generation, the NYISO 2011 Power Trends report explains that the sustained adequacy of resources may be challenged by the following factors: the considerable lead-time needed to finance, permit and construct major energy projects; the potential retirement or other closure of existing generation facilities as a result of business of governmental determinations; aging generation and transmission infrastructure; and the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants.

Jurgen The DEIS must describe how suppliers 30-5 The CVE facility is a merchant Project and, as such, plans to Wekerle, Sierra trade electricity: whether by NYISO auction participate in NYISOs day-ahead market for electricity supply. This Club, Atlantic process, or by bilateral contracts, or by is a reverse auction process whereby the lowest cost generation Chapter some other exchange including export- is dispatched ahead of costlier power. CVE has prepared a import action beyond the NYISO service Security-Constrained Economic Dispatch Analysis, Appendix 1-A to area. the DEIS, that models the CVE facilitys performance in the Jurgen The DEIS must describe the mechanisms of 30-6 electricity marketplace under various scenarios. The economic Wekerle, Sierra how the NYISO purchase auction system dispatch analysis provided in Appendix 1-A of the DEIS Club, Atlantic actually works since CVE has no current demonstrated that the facility will be called upon to provide power Chapter utility contracts and will be dependent on on most days.

the NYISO system to absorb its electric The Dispatch Analysis explains how it determined demand, output.

marginal prices, and other factors influencing the Projects participation in the electricity market. The Dispatch Analysis projects the effects of the Projects operations in the power market, based on modeled successful bidding into the market.

Jurgen The DEIS must evaluate the impact of 30-7 Certain sources of planned new power supply were included in the Wekerle, Sierra pending new power supply proposals under modeling of the CVE Projects performance, in Security-Club, Atlantic review which will compete with CVE for Constrained Economic Dispatch Analysis, Appendix 1-A to the Project Description Page 1-71

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Chapter customersHow will all that new supply DEIS. The base case assumption methodology is discussed in capacity affect CVE, and how will CVE detail in the GE-MAPS Database Documentation, which is impact the pending competing proposals? Appendix A to the Dispatch Analysis. In addition, the Project will NYISO data clearly confirms that no one of undergo a thorough examination by the NYSPSC through the the above noted proposals, including CVE, CPCN review process.

is needed.

Jurgen The DEIS must evaluate the effect of the 30-11 The Security-Constrained Economic Dispatch Analysis, presented Wekerle, Sierra economic recession on energy trends and as Appendix 1-A to the DEIS, models the CVE facilitys Club, Atlantic on the transformation of industry and performance in the electricity marketplace under various scenarios, Chapter lifestyles that need less, rather than more taking into account current trends in the energy trends. The energy, especially in a bleak, protracted Dispatch Analysis explains how it determined demand, marginal economic downturn compounded by prices, and other factors influencing the Projects participation in financial speculation in energy commodity the electricity market. The Dispatch Analysis projects the effects of trading, and wildly fluctuating fuel prices. the CVE facilitys operations in the power market, based on modeled successful bidding into the market.

Jurgen The DEIS must evaluate the economic 30-12 CVE has prepared a Security-Constrained Economic Dispatch Wekerle, Sierra impact that CVE will have on all competing Analysis, Appendix 1-A to the DEIS, that models the CVE facilitys Club, Atlantic producers/merchants who generate/supply performance in the electricity marketplace under various scenarios Chapter electricity to any and all utility/distributors such as those described by the commenter. The Dispatch Analysis via the NYISO auction process and the explains how it determined demand, marginal prices, and other open access grid throughout New York factors influencing the Projects participation in the electricity State and surrounding states and Canada. market. The Dispatch Analysis projects the effects of the CVE facilitys operations in the power market, based on modeled successful bidding against the competing producers/merchants referred to by the commenter.

It is through this competitive process that the Project will displace the operation of older, less efficient, more costly and higher emitting facilities and that some of the economic and environmental benefits discussed in the DEIS will be gained.

Project Description Page 1-72

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Jurgen The DEIS must evaluate the risk of financial 30-13 There will be no public funding involved in the financing of the CVE Wekerle, Sierra default requiring a NYS and U.S. Project, and all financial risks associated with the Project will be Club, Atlantic government financial rescue. Is the Project completely borne by the commercial investors. As a privately Chapter cost-effective and viable at all in todays funded entity, the taxpayers, customers, and other merchants are market? Will revenue be sufficient and not exposed to any event of default to the investors or lenders. As sustainable to cover debt service and with all private investment, the investors bear the risk of losing their operating expenses without additional investment.

public subsidies or a total bailout? What It is worth noting that as a merchant Project, no ratepayer funding risk and exposure would the investor, the is being sought by CVE. Therefore, any and all favorable impacts -

customer, the general taxpayer, and other reliability, economic or environmental - would benefit New York merchants have I the event of default and without imposing additional risk on electric ratepayers. CVE alone bankruptcy? How would town, county and bears the economic risks of its participation in electricity markets.

school district property taxes be affected?

Dutchess County, the Town of Dover, and the Dover Union Free School District will all benefit from the tax payments generated by the Project.

Jurgen The DEIS should address practical 30-14 The economic dispatch analysis in Appendix 1-A of the DEIS Wekerle, Sierra responses requiring system-wide considered various scenarios of future demand. The Projects Club, Atlantic adjustments to an economy having excess economic superiority will displace operation of older, more costly, Chapter capacity and diminishing demand for power less efficient and higher emitting units independent of future growth in general. in electric demand.

Tamara Wade, The greatest beneficiary is Advanced 31-20 As discussed in Section 1.4.3 of the FEIS, the need for the Project Wingdale Powers, then, whoever is the owner of the has been demonstrated. The Project will provide local and regional Resident facility there after, Dover is very last on economic and environmental benefits by adding temporary and that list. Will our schools stand to lose any permanent jobs and by reusing a dilapidated industrial site in a state funds as a result of receiving productive and environmentally sensitive manner. The Project will payoffs, or contributions from CVE? also provide a long-term revenue source for the Dover Union Free Some residents of Dover are under the School District, the Town of Dover and Dutchess County through assumption that their property and school contributions to the tax base. The Project is currently in taxes will be lowered as a result of CVE, discussions with the Town and the School District to ensure these Project Description Page 1-73

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number is that so? And is the financial payoff or taxing jurisdictions are only positively affected.

gain a wise trade for accepting declined These contributions are in no way considered to be a replacement health of our environment and all that live for environmental stewardship. The CVE Project has within it? I would rather pay my taxes and demonstrated a commitment to such stewardship, reducing its not pollute the environment. Some environmental impacts and giving back to the community through a believe those of us with concerns do not wide variety of community outreach efforts (such as Advisory like progress, On my list of hopes for Working Groups, Open Houses, and newsletters). Project design progress in this town, never was a power refinements and potential community benefits have resulted from plant one of them. Is revenue generation these discussions; these conversations continue as CVE works truly progress when ozone producing smog, with the Town of Dover Board to discuss components of a formal and water contamination or depletion is the community benefits package. For example, CVE has been working price? Since when has anyone ever with local land acquisition groups, including the Oblong Land needed to receive a payoff to accept Conservancy, to place the approximately 79 acre land west of the something truly worthwhile? With the Metro-North rail line into permanent conservation. In addition, CVE question of need on the table, and the continues to support the advancement of Dovers youth through a reports that state even without Indian Point scholarship, awarded annually to a graduating Dover High School we already have sufficient power Senior pursuing an advanced degree in engineering or production, a bargain is no bargain if you environmental science.

dont need it.

Further, independent of these benefits, the Project offers very real and tangible environmental benefits including reduced regional emissions, remediation of an abandoned industrial site, restoration of wetlands and Adjacent Area previously impacted by historical industrial uses, and removal of dilapidated structures.

Graham Page 23 states that, "The project is a 32-5 In NYISOs Day-Ahead Market, electric generators are dispatched Trelstad, AKRF combined cycle electric generating based on the generators bids, which specify each generators price facility, which is one of the most efficient for a requested unit of energy. As the DEIS explains, and as methods of producing baseload electricity. modeled in the Security-Constrained Economic Dispatch Analysis, The project's high efficiency will require Appendix 1-A to the DEIS, the Projects more efficient technology less fuel to produce equivalent amounts will help displace the operation of existing, less efficient plants. In Project Description Page 1-74

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number of electricity than other fossil-fuel based general, a more-efficient generator will be able to bid competitively technologies. In addition, the sole use of against a less-efficient generator, as a more-efficient generators clean burning natural gas for the operating costs per delivered unit of energy are generally lower combustion turbines means that not only than a less-efficient generators costs. Because less-efficient is fuel efficiently used, but also the generators produce more polluting air emissions for a given unit of cleanest possible fossil fuel is utilized. energy than more-efficient generators, NYISOs dispatch of more-By displacing the operation of older, less efficient generation to meet electric demand results in lower efficient generating plants, the project emissions of air pollutants.

will contribute to regional fuel savings, as less fuel will be required to generate the same amount of electricity. This statement should be substantiated.

Would the project actually displace existing facilities or would it meet projected demand?

Graham The dispatch analysis, and any other 32-63 The Security-Constrained Economic Dispatch Analysis, Appendix Trelstad, AKRF relevant data, should be used to enhance 1-A to the DEIS, projects the Projects impacts on emissions of the argument that the proposed project CO2, the primary GHG, and Section 4.6.5 of the DEIS also would displace older facilities. discusses the Projects potential GHG emissions, consistent with the NYSDECs Greenhouse Gas Policy.

T. Michael SEQRA requires that "([e]) impacts of the 33-29 Section 1.1 of the DEIS specifically discusses the Projects Twomey, proposed action on the use and consistency with the five policy objectives of the 2009 State Energy Entergy conservation of energy (for an electric Plan: (1) Maintain reliability; (2) Reduce GHG emissions; (3) generating facility, the statement must Stabilize energy costs and improve economic competitiveness; (4) include a demonstration that the facility will Reduce public health and environmental risks; and (5) Improve satisfy electric generating capacity needs or energy independence. In addition, a detailed assessment of other electric systems needs in a manner generating capacity needs is provided in this FEIS as Section 1.4.3.

reasonably consistent with the most recent state energy plan)." See, e.g., 6 NYCRR § 617.9(b)(5)(iii)([g])). The DEIS has not Project Description Page 1-75

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number established that this standard is met, a deficiency that must be remedied.

Ryan Courtien, ES-1: through the displacement of less 37-4 In NYISOs Day-Ahead Market, electric generators are dispatched Town efficient and higher polluting generating based on the generators bids, which specify each generators price Supervisor, facilities. Is this provable? for a requested unit of energy. As the DEIS explains, and as Town of Dover modeled in the Security-Constrained Economic Dispatch Analysis, Appendix 1-A to the DEIS, the Projects more efficient technology will help displace the operation of existing, less efficient plants. In general, a more-efficient generator will be able to bid competitively against a less-efficient generator, as a more-efficient generators operating costs per delivered unit of energy are generally lower than a less-efficient generators costs. Because less-efficient generators produce more polluting air emissions for a given unit of energy than more-efficient generators, NYISOs dispatch of more-efficient generation to meet electric demand results in lower emissions of air pollutants. The Dispatch Analysis was performed using industry standard modeling programs (i.e., MAPS). The Dispatch Analysis also describes the methodologies and assumptions underlying its projections, with links to additional sources of information. All models related to dispatch and energy cost provided in studies by GE to the Project will be independently verified by the NYSPSC and NYSDPS in their assessment of the PSL, Section 68 application process.

Ryan Courtien, Are potential older, less efficient, and higher 37-37 Individual generators are not specifically identified within the Town GHG emitting electric generators identified? Security-Constrained Economic Dispatch Analysis. Instead, the Supervisor, displaced generation fuel type (e.g., natural gas, fuel oil, coal) and Town of Dover technology (e.g., steam turbine, gas turbine, internal combustion) is used to identify which generator type would be displaced by the Project.

Project Description Page 1-76

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Ryan Courtien, 1-2: The DEIS states Due to the projects 37-38 The superior efficiency referenced in the comment refers to the Town superior efficiency it will be dispatched projects more efficient technology, which allows the Project to Supervisor, ahead of high emitting generators, causing produce electricity with less fuel. This results in a lower fuel cost, Town of Dover those units to operate less frequently, which is the primary consideration in NYISOs dispatch decision, thereby yielding a net air quality benefit and also results in lower emissions, as more electricity can be across the region. The primary produced by burning the same amount of fuel.

consideration in dispatching seems to be The Security-Constrained Economic Dispatch Analysis (DEIS emissions over cost; is this true?

Appendix 1-A) forecasts decreases in both service costs, and emissions of NOx, SO2, and CO2 under various scenarios. The Dispatch Analysis projects annual reductions in load-weighted costs to serve in the New York Pool of up to $275 million; annual NOx reductions in the New York Pool of up to 618 tons; annual SO2 reductions in the New York Pool of up to 1,082 tons; as well as a decrease in total annual emissions of CO2. The Dispatch Analysis was performed using industry standard modeling programs (i.e.,

MAPS). The Dispatch Analysis also describes the methodologies and assumptions underlying its projections, with links to additional sources of information.

Ryan Courtien, 1-2: The regional emissions reduction table 37-39 Thank you for noting this typographical error.

Town is 4-33 not 4-32.

Supervisor, Town of Dover Ryan Courtien, 1-2: Is a map of the NYISO Load Zones 37-40 A map of the NYISO Load Zones is presented within DEIS Town available showing plant locations, types and Appendix 1-A, Security-Constrained Economic Dispatch Analysis.

Supervisor, output? The map can be found as Figure B-1, on page 23 of the report Town of Dover (within Appendix B). The Project is located with NYISO Zone G.

Susan Holland, The DECs mission includes supporting 39-1 As discussed in Section 6.7.4 of the DEIS, the Project fully Ulster Park environmental justiceWe simply do not complies with state and federal Environmental Justice guidelines by Resident need a new natural-gas-fired power plant to demonstrating that it will not have a significant adverse or be built in the beautiful Hudson Valley disproportionate impact on any Environmental Justice Community Project Description Page 1-77

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number regionthere are far too many problems of Concern. Environmental justice areas are generally defined as with this project, as other reviewers of the communities or facilities housing disadvantaged groups, such as DEIS have already commented on in low-income or minority populations. As discussed in DEIS Section detailwe must only permit and create 6.7.4, there are no environmental justice populations proximate to projects that rely on renewable energy the Project.

sources to satisfy our energy needs.

The need for the Project is discussed in detail in Section 1.1 of the Natural gas is most certainly not such a DEIS. In addition, the Project will be required to obtain a Certificate source and has proven to be dirtier than of Public Convenience and Necessity (CPCN) from the NYSPSC; coal.

that process will ensure that the Project is in the public interest. A Petition was submitted to the NYSPSC on November 1, 2011 and will be the subject of review in 2012.

It is acknowledged that renewable energy projects are an important part of the regions energy portfolio. The Alternative Analysis in Section 7.6.1 of the DEIS considered wind and solar alternatives and concluded that neither technology is suited to the Projects purpose and need, to supply 1,000 MW of baseload electricity to the grid. Wind and solar are intermittent resources, and could take tens of thousands of acres of land to generate the same amount of electricity as the proposed Project. Further, the proposed Project is not incompatible with wind and solar and will in no way preclude development of these types of projects on sites that are suitable for those technologies.

Natural gas is the cleanest-burning fossil fuel alternative available, with emission rates of criteria pollutants and GHG far lower than coal or oil.

Cristina First off all, we must ask ourselves do we 40-1 A response to concerns on Project Need is provided in Section Bleakley, Dover need this huge plant in Dover? Do we need 1.4.3 of the FEIS. In addition, the Project will provide local and Resident it anyplace else? regional economic and environmental benefits by adding temporary and permanent jobs and by reusing a dilapidated industrial site in a Project Description Page 1-78

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number productive and environmentally sensitive manner. The Project will also provide a long-term revenue source for the Dover Union Free School District, the Town of Dover and Dutchess County through contributions to the tax base.

Robert Herzog Since the plant is not being built to serve 42-1 The cited comment points to the fact that the NYISOs evaluation of Dover Resident local or Dutchess County needs, but rather reliability needs in its recent annual Power Trends reports, CRPs, contribute to the state and regions capacity and RNAs determines that there is no imminent need for additional infrastructure, the first question that must be electric generation facilities to avoid violating minimum reliability asked is - is it needed? Is it required to criteria. However, as discussed in Section 1.4.3 of the FEIS, an fulfill reasonable system capacity environmental, reliability and economic need for the Project has requirements in the near futureBased on clearly been established.

their expert analysis, NYISO stated in its 1,5 NYSPSC has, in several recent orders, recognized the need for 2009 Power Trends Evaluation, Based on the addition of new, more efficient generating facilities, even where current NYISO projections, the states there is not an imminent threat to system reliability, based on a wholesale electric power system will number of factors, including system reliability benefits, economic continue to meet accepted reliability benefits for customers and New York State, and achievement of standards through 2018.

public policy goals including environmental benefits. With respect The NYISO 2010 report extends the period to reliability, the NYSPSC has determined that the addition of new of reliability even further, to 2020. It might generation facilities provides an additional source of supply in the be more, but this is as far as their forecast event that other expected generation and transmission projects are period extends. The New York Control not available to the bulk electric system.

Area baseline summer peak demand In support of the development of new sources of electric forecast developed for the 2010 report generation, the NYISO 2011 Power Trends report explains that the shows a baseline energy forecast growth sustained adequacy of resources may be challenged by the rate of 0.41% for the years 2011 through following factors: the considerable lead-time needed to finance, 20121. The 2009 report forecasted growth permit and construct major energy projects; the potential retirement rate for annual energy in that period was or other closure of existing generation facilities as a result of 0.78%. That represents a 47% decrease in business of governmental determinations; aging generation and one year! The energy growth rate in the transmission infrastructure; and the cumulative impact of impending 2011 forecast is lower than in 2010 due to a Project Description Page 1-79

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number lower econometric forecast and an increase federal and state environmental regulations on the continued in the projected amount of energy efficiency operation of various existing power plants.

impacts. Thus the period when it might be reasonable to consider construction for The NYISO documents conclusions that there is no imminent Cricket Valley would not be until 2018 at the threat of failure of reliability criteria do not preclude a finding of earliest, given the two year construction need for the Project or recognition of the demonstrated benefits cycle for building the plant. gained by the public and environment as a result of its development. Indeed, the 2010 RNA recognizes that new capacity resources may further improve and help maintain the reliability of the bulk power system, and that other system changes (e.g.,

retirements not included in the RNAs Base Case), depending on timing and location, could result in future Reliability Criteria violations and could generate future Reliability Needs, if such events were to become likely. In support of the development of new sources of electric generation, the NYISO reinforces these concerns in its 2011 Power Trends report as discussed in Section 1.4.3 of the FEIS.

Robert Herzog The NYISO 2010 report does state that if 42-2 The cited comments point to the fact that the NYISOs evaluation of the Indian Point nuclear plants were both reliability needs in its recent annual Power Trends reports, CRPs, closed, that the State could fall below and RNAs determines that there is no imminent need for additional accepted standards of reliability (the LOLE, electric generation facilities to avoid violating minimum reliability or Level of Load Expectation) by 2016it criteria. However, as discussed in Section 1.4.3 of the FEIS, an would seem highly unlikely that the plants environmental, reliability and economic need for the Project has will actually be closed in the foreseeable been established, which the NYSPSC will consider as part of its futureThere are three projects under way independent determination on CVEs application for a CPCN that could replace some of the power that pursuant to Section 68 of the PSL.

would be lost if Indian Point closed. These 1,5 NYSPSC has, in several recent orders, recognized the need for projects - power plants in Astoria, Queens, the addition of new, more efficient generating facilities, even where and Bayonne, N.J., and a transmission there is not an imminent threat to system reliability, based on a cable from New Jersey to Manhattan - total number of factors, including system reliability benefits, economic Project Description Page 1-80

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number roughly 1700MW, or 85% of the total Indian benefits for customers and New York State, and achievement of Point Capacityit is not accurate to think public policy goals including environmental benefits. With respect that Cricket Valley would address any to reliability, the NYSPSC has determined that the addition of new power shortfall, since there is a well- generation facilities provides an additional source of supply in the documented bottleneck of transmission event that other expected generation and transmission projects are capacity in Westchester that would preclude not available to the bulk electric system.

any power generated in the Hudson Valley In support of the development of new sources of electric from reaching New York City.

generation, the NYISO 2011 Power Trends report explains that the Other, better alternatives exist or are being sustained adequacy of resources may be challenged by the proposed in the event they are needed. following factors: the considerable lead-time needed to finance, The Champlain Hudson Power Express permit, and construct major energy projects; the potential Project would carry 1,000 megawatts of retirement or other closure of existing generation facilities as a wind and hydropower from Quebec to result of business or of governmental determinations; aging metropolitan New York and Connecticut. generation and transmission infrastructure; and the cumulative Cleaner, cheaper power than what Cricket impact of impending federal and state environmental regulations on Valley could provide, and addressing the the continued operation of various existing power plants.

only potential - and highly unlikely - energy capacity shortfall in New York State These issues are further discussed in Section 1.4.3 of the FEIS.

Robert Herzog, The DEIS shows its biases within its first 42-3 The superior efficiency referenced in the comment refers to the paragraphs, stating the plant will supply Projects more efficient technology, which allows CVE to produce needed electricity to the New York State electricity with less fuel. This results in a lower fuel cost, which is bulk power grid, despite the ISO the primary consideration in NYISOs dispatch decision, as conclusions. suggested by the commenter. Producing electricity with less fuel also results in lower emissions, which is a beneficial environmental Cricket Valley tries to make an argument for result of dispatching the CVE Project.

displacement - building a new plant burning natural gas would displace other, less The Security-Constrained Economic Dispatch Analysis (DEIS efficient plants. The major displacement Appendix 1-A) forecasts decreases in both service costs, and that will take place will be to move point emissions of NOx, SO2, and CO2 under various scenarios. The sources of pollution from other locations to Dispatch Analysis forecasts annual reductions in load-weighted Project Description Page 1-81

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number the Town of Dover. The attempt to costs to serve in the New York Pool of up to $275 million; annual circumvent the NYISOs finding that there is NOx reductions in the New York Pool of up to 618 tons; annual SO2 no need to build new capacity by citing the reductions in the New York Pool of up to 1,082 tons; and a slight benefits of displacing other more polluting decrease in total annual emissions of CO2. See Section 4.3.6 -

plants is specious. The DEIS states: Due Emissions Displacement. The dispatch analysis provided in to the projects superior efficiency it will be Appendix 1-A of the DEIS is based on the marginal cost dispatch dispatched ahead of higher emitting order and day ahead pricing process, which the commenter generators, causing those units to operate describes, using the most widely accepted economic dispatch less frequently, thereby yielding a net air model in the industry, GE MAPS. The Dispatch Analysis also quality benefit across the region. describes the methodologies and assumptions underlying its projections, with links to additional sources of information.

The ISO in fact dispatches based on price, not pollution, choosing the lowest marginal As discussed in detail in Section 1.4.3 of this FEIS the need for the cost production at any given moment. As plant and its consistency with NYISO projections is clear.

the New York Energy Consumers Council states, Generators bid in prices for their The Projects regional emissions displacement includes reductions capacity based on their marginal costs (e.g. in emissions from sources that directly contribute to air quality in fuel), and the NYISO accepts bids to fill its the entire region, including Dover. This is clearly evidenced by the projected demand requirements in each results of cumulative air quality modeling which demonstrates that zone. This is called the Locational-based distant sources, due to the magnitude of their emissions, have Marginal Pricing (LBMP) Day Ahead Market impacts far exceeding that of the proposed Project.

(DAM). In an effort to arrive at the most efficient market price, lowest bids are considered highest merit and those generators are dispatched first (i.e. base loaded); highest bids are considered lowest merit. This is called the merit order bid stack.

That process means that hydro, coal and nuclear plants will always be first in line.

While older plants may be less efficient, Project Description Page 1-82

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number they have also been partially or fully amortized in rate bases, meaning they may also be competitive on price with a newer facility built at, and requiring a return on, current construction costs. Furthermore, oil is already the lowest merit source of generation for the State, supply only about 1,200 hours0.00231 days 0.0556 hours 3.306878e-4 weeks 7.61e-5 months during highest peak demand periods in the year. By contrast, nuclear and hydro are highest merit, supplying base load all 8,760 hours0.0088 days 0.211 hours 0.00126 weeks 2.8918e-4 months in the year. So the most polluting and expensive plants are already being displaced by existing capacity and load management.

Project Description Page 1-83

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Robert Herzog, The DEISs own findings regarding 42-4 The Security-Constrained Economic Dispatch Analysis, Appendix greenhouse gas (GHG) emissions indicate 1-A to the DEIS, forecasts the CVE Projects impacts on emissions how spurious the displacement argument is. of CO2, the primary GHG, and Section 4.6.5 of the DEIS also According to the DEIS, the introduction of discusses the Projects potential GHG emissions, consistent with the Cricket Valley plant actually increases the NYSDECs Greenhouse Gas Policy.

the production of one of the most serious of As discussed in FEIS Section 4.3.1.1, the Project will represent the GHG, CO2, by around 2% annually for the lowest emitting fossil-fuel-fired power plant of its kind ever New York State power pool. The total constructed. Further, the Project will reduce regional emissions of impact on CO2 production with Cricket all air pollutants and GHGs by displacing the operation of older, Valley online is a decrease of .1% - one less efficient and higher emitting power plants in the region. As tenth of one percent. And that is based on shown on Table 4-36 of the DEIS, operation of the Project is the assumptions that the Cricket Valley-expected to result in the displacement of CO2 emissions from other hired consultants are projecting, which power plants in the region, yielding a net reduction in regional CO2 would be a best case scenario. In short, emissions of over 650,000 tons per year. Displacement benefits local GHG will increase, along with other air also average approximately 1,500 tons per year of NOx and 4,300 pollutants, noise and water impact, while tons per year of SO2 for the period modeled, 2015 through 2020.

the best case projected for this plant is a negligible positive environmental impact. Increasing baseload electric generation capacity while reducing regional emissions is completely consistent with New Yorks air quality and climate change goals and objectives. GHGs are global pollutants; therefore, in which power pool emissions occur are of no consequence. As shown from the economic dispatch analysis, the Project will reduce the total GHG burden by an average of 653,242 tons per year over the period from 2015 to 2020. These values do not represent best case estimates, rather, they represent the most likely scenario based on clearly identified independent projections of fuel and electricity costs using the most widely accepted model and input data set available.

Project Description Page 1-84

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Robert Herzog, Special Case Resources (SCR) include 42-6 Efficiency projects such as Demand Side Management are distributed generation capacity and recognized as an important part of the regions energy portfolio.

interruptible load customers. In 2010, an The proposed Project is not incompatible with and will not preclude additional 198 MW was added to the development of these types of projects.

NYISO projections. That follows on an NYISOs 2010 Comprehensive Reliability Plan specifically increase in 2009 of 167 MW, a total of 365 emphasizes that the reliability of the bulk power system continues MW in just two years. SCR alone could to be maintained by a combination of additional resources, of which exceed the proposed Cricket Valley 1000 Special Case Resources is one part. The CRP acknowledges that MW of capacity in the next 10 years.

the availability of Special Case Resources may fluctuate, noting that NYISO will need to continue to monitor and track the level of special case resource registrations.

Robert Herzog, As to the purported economic benefits, the 42-17 The Dispatch Analysis forecasts annual reductions in load-DEISs own findings are that only half weighted costs to serve in the New York Pool of up to $275 million; of the benefit of reduced costs that they annual NOx reductions in the New York Pool of up to 618 tons; themselves project will benefit New York annual SO2 reductions in the New York Pool of up to 1,082 tons; State; the remainder will benefit PJMThe along with a decrease in total annual emissions of CO2. The New England power pool will also reap Dispatch Analysis was performed using industry standard modeling gains. The reasons for the town of Dover to programs (i.e., MAPS). The Dispatch Analysis also describes the have to supply benefits to all these other methodologies and assumptions underlying its projections, with states, primarily to serve as a source of links to additional sources of information.

profits for CVE, are not equitable, rational or The Project will also provide local and regional economic and compelling.

environmental benefits by adding temporary and permanent jobs and by reusing a dilapidated industrial site in a productive and environmentally sensitive manner. The Project will also provide a long-term revenue source for the Dover schools, the Town of Dover and Dutchess County through contributions to the tax base and community benefits.

These contributions are in no way considered to be a replacement for environmental stewardship. The CVE Project has Project Description Page 1-85

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number demonstrated a commitment to such stewardship, reducing its environmental impacts and giving back to the community through a wide variety of community outreach efforts (such as Advisory Working Groups, Open Houses, and newsletters). Project design refinements and potential community benefits have resulted from these discussions; these conversations continue as CVE works with the Town of Dover Board to discuss components of a formal community benefits package.

CVE is currently working with the Town of Dover to discuss the components of a formal community benefits package. In addition, CVE has been working with local land acquisition groups, including the Oblong Land Conservancy, to place the land west of the Metro-North rail line, approximately 79 acres, into permanent conservation. In addition, CVE continues to support the advancement of Dovers youth through a scholarship, awarded annually to a graduating Dover High School Senior pursuing an advanced degree in engineering or environmental science.

Robert Herzog, The dependence on the assumption of low 42-19 The CVE Project is not dependent on the assumption of low natural natural gas prices maintaining Cricket gas prices. The economic dispatch analysis provided in Appendix Valleys competitiveness is questionable. 1-A of the DEIS included sensitivity analyses of a range of future Recent articles in the New York Times, fuel prices.

such as on June 26th (Behind Veneer, It is worth noting that the CVE facility is a merchant Project. No Doubt on Future of Natural Gas) discussed ratepayer funding is being sought. Therefore, any and all favorable the growing concern that natural gas prices impacts - reliability, economic or environmental - would benefit will rise despite the hopes of new New York without imposing additional risk on electric ratepayers.

investment in production. And should the CVE alone bears the economic risks of its participation in electricity forces of reason prevail and the noxious markets.

practice of fracking be prohibited or limited, that will further put pressure on gas prices As discussed in Section 1.3.1 of the FEIS, the Project will yield substantial local and regional environmental and economic Project Description Page 1-86

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number to rise. benefits.

Plants all over the country are being built to take advantage of the relatively low prices of natural gas. That in and of itself will increase demand and prices. No one can predict commodity prices, except to say they fluctuate, and that limited resources will ultimately rise in price.

There seems little doubt that over the life of this plant natural gas prices will become relatively higher. All this adds up to the residents of Dover being forced to endure increased local point source air pollution, noise pollution, impingement on water and destruction of the character of the area, for a plant whose output could have been far better supplied through cleaner, more sustainable long term sources that brings no local benefits and questionable regional ones.

Alan Surman, The positive is: We are going to bring tax T1-3 Comments acknowledging benefits of the Project are noted.

Dutchess revenue to the Town. I know a lot of people County have the NIMBY attitude, "Not In My Legislator Backyard," but if this plant displaces some of the dirtier burning plants, I think people in this overall region are going to benefit.

Donald Dedrich, Is it safe, or not safe, to assume that T1-11 CVE will bid its power into the NYISO power pool. As one of the Dover Resident perhaps our electric rates in the Harlem most efficient power generation facilities in the country, it will be Valley would decrease some? able to bid lower prices in the wholesale market which should Project Description Page 1-87

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number contribute to lower overall electric prices. The Dispatch Analysis provided in Appendix 1-A of the DEIS projects annual reductions in load-weighted costs to serve in the New York Pool of up to $275 million. While many factors affect retail electric prices, the Project will certainly be a positive element in controlling costs to ratepayers.

Lorraine ONeill, I would also like to clearly state that the T1-14 CVE will bid its power into the NYISO power pool, which serves all Town Board, electricity will not benefit our residents and consumers within the New York Control Area. The Project will Town of Dover their electric bills. The electricity will be provide local and regional economic and environmental benefits by generated here in Dover, then passed on to adding temporary and permanent jobs and by reusing a dilapidated Putnam Valley, and then down to New York industrial site in a productive and environmentally sensitive City. manner. The Project will also provide a long-term revenue source for the Dover schools, the Town of Dover and Dutchess County through contributions to the tax base and community benefits.

The Dispatch Analysis projects annual reductions in load-weighted costs to serve in the New York Pool of up to $275 million. This will help to control electricity costs for all New York State consumers, including the residents of Dover.

Mark Chipkin, I don't understand what happens if they T3-14 The CVE facility is a merchant project. No ratepayer funding is Pawling don't get a contract. Like what if they start being sought. Therefore, any and all favorable impacts would Resident building this and then all of a sudden they benefit New York without imposing additional risk on electric can't find somebody who wants to buy that ratepayers. CVE alone bears the economic risks of its participation

[power], what do we do with that? What in electricity markets.

happens to that building that we put up?

Mark Chipkin, I'd like to see Cricket Valley Energy doing T3-15 The Project will provide local and regional economic and Pawling more to say, well, we're gonnapollute the environmental benefits by adding temporary and permanent jobs Resident area with carbon dioxide and other gases, and by cleaning up and reusing a dilapidated industrial site in a we're gonna take your water, andhere's productive and environmentally sensitive manner. The Project will what we're gonna mitigate that with, here's also provide a long-term revenue source for the Dover Union Free the things we're gonna do, we're gonna School District, the Town of Dover and Dutchess County through Project Description Page 1-88

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number add thousands of trees here, we're gonna contributions to the tax base. The Project is currently in put up -- you know, if they got to that point, discussions with the Town and the School District to ensure these that, I would see being part of this project so taxing jurisdictions are only positively affected.

that everybody makes this a healthy project, These contributions are in no way considered to be a replacement because we know that at any discretion for good environmental stewardship. CVE has demonstrated a there is some lossI see them fixing a little commitment to such stewardship, reducing its environmental part of their wetland, now, that's great and I impacts and giving back to the community through a wide variety of think that's important, but I think there's got community outreach efforts (such as Advisory Working Groups, to be more to it.

Open Houses, and newsletters). Project design refinements and potential community benefits have resulted from these discussions.

CVE is also currently working with the Town of Dover to discuss the components of a formal community benefits package. In addition, CVE has been working with local land acquisition groups, including the Oblong Land Conservancy, to place the land west of the Metro-North rail line, approximately 79 acres, into permanent conservation. In addition, CVE continues to support the advancement of Dovers youth through a scholarship, awarded annually to a graduating Dover High School Senior pursuing an advanced degree in engineering or environmental science.

The Project will also restore wetlands that have been significantly degraded from historical industrial activities on the site. It will also reduce regional emissions of pollutants and GHG through displacement of operation of less efficient and higher emitting units.

Chris Wood, We are very aware that a number of T3-17 It is assumed that the commenter is citing to comments that Pawling questions have been raised, including the indicate that there is no imminent need for additional electric Resident, short-term need for this plant. generation facilities to avoid violating minimum reliability criteria for Oblong Land New Yorks electric transmission system. However, as discussed Conservancy in Section 1.4.3 of the FEIS, a need for the Project has been Project Description Page 1-89

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number established.

1,5 NYSPSC has, in several recent orders, recognized the need for the addition of new, more efficient generating facilities, even where there is not an imminent threat to system reliability, based on a number of factors, including system reliability benefits, economic benefits for customers and New York State, and achievement of public policy goals including environmental benefits. With respect to reliability, the NYSPSC has determined that the addition of new generation facilities provides an additional source of supply in the event that other expected generation and transmission projects are not available to the bulk electric system.

In support of the development of new sources of electric generation, the NYISO 2011 Power Trends report explains that the sustained adequacy of resources may be challenged by the following factors: the considerable lead-time needed to finance, permit and construct major energy projects; the potential retirement or other closure of existing generation facilities as a result of business of governmental determinations; aging generation and transmission infrastructure; and the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants.

Tyler Davis, If we could get a break on our electricity T3-32 CVE will bid its power into the NYISO power pool. As one of the Dover Plains prices, I think that would assuage a lot of most efficient power generation facilities in the country it is able to Resident people's comments. bid lower prices in the wholesale market which should contribute to lower overall electric prices. The Dispatch Analysis forecasts annual reductions in load-weighted costs to serve in the New York Pool of up to $275 million. While many factors affect the retail price of electricity, the Project will have a positive effect on controlling costs to ratepayers.

Project Description Page 1-90

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Alan Surman, I don't think anybody in this room would T3-40 A need for the Project has been demonstrated, as discussed in Dutchess like to go back 100 years to the way it was. Sections 1.3.1 and 1.4.3 of the FEIS.

County We use power every day. We use power for Legislator our laptops, we use power just for safe lighting as opposed to candles, we use power for our plasma TVs, we use power for our washing machines and our air conditionersElectrical power generation is an extremely dangerous enterprise.

Approximately one-third of the power in this state right now is being produced by Indian Point, and I don't feel very comfortable about that, and I agree with Mayor Cuomo that that plant should be shut downnuclear power generation is an extremely dangerous enterprise, and I'd be a lot more worried about that than a plant which is gonna produce mostly carbon dioxide and some nitrogen oxide

[Discussion of risks and limitations associated with several energy generating technologies]

Alan Surman, This plant will produce, roughly, half the T3-43 Comments acknowledging support of the Project are noted. A Dutchess capacity of Indian Point, because we need a need for the Project has been demonstrated, as discussed in County plant with the capacity of Indian Point and Sections 1.3.1 and 1.4.3 of the FEIS, and the Project is being Legislator maybe a little more so that we can evaluated under SEQRA on its own merits.

eventually shut that plant down and we could all breathe a little bit easier, because I don't like the fact that I'm within 50 miles of it, and that's what you really should be worried about. This is a much safer, Project Description Page 1-91

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number cleaner, long-term method Manna Jo we have enough power on the grid to do T3-60 Renewable energy projects are recognized as an important part of Green, without Indian Point without building this the regions energy portfolio. The proposed Project is not Rosendale facility, but I think thatthe Governor and incompatible with and will not preclude development of these types Resident, legislators really want the reassurance that of projects. Further, the State Energy Planning process will Environmental there is replacement power coming online. establish renewable energy goals for the state. We firmly believe Director for We think that the majority of that that efficiency and energy conservation, renewable sources of Hudson River replacement power should be from green electricity and clean, reliable sources of baseload power are all Sloop sources and they really are immediately essential elements of a sound energy policy.

Clearwater available Alex Ackerman, it's not even needed, this plant. T3-70 It is assumed that the commenter is referring to comments Wingdale indicating that there is no imminent need for additional electric that's assuming you're gonna get Resident generation facilities to avoid violating minimum reliability criteria.

contracted and you're gonna want this However, as discussed in Section 1.4.3 of the FEIS, an power, which you have not solidified, it's not environmental, reliability and economic need for the Project has there, nobody said they -- if nobody buys been established.

the power, it's a useless piece of junk 1,5 standing there doing nothing. And you hear NYSPSC has, in several recent orders, recognized the need for people here comment; it's not necessary. the addition of new, more efficient generating facilities, even where There's, if anything, an abundance of there is not an imminent threat to system reliability, based on a power. It's more or less just in case of number of factors, including system reliability benefits, economic something. benefits for customers and New York State, and achievement of public policy goals including environmental benefits. With respect to reliability, the NYSPSC has determined that the addition of new generation facilities provides an additional source of supply in the event that other expected generation and transmission projects are not available to the bulk electric system.

In support of the development of new sources of electric generation, the NYISO 2011 Power Trends report explains that the sustained adequacy of resources may be challenged by the Project Description Page 1-92

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number following factors: the considerable lead-time needed to finance, permit and construct major energy projects; the potential retirement or other closure of existing generation facilities as a result of business of governmental determinations; aging generation and transmission infrastructure; and the cumulative impact of impending federal and state environmental regulations on the continued operation of various existing power plants.

Alex Ackerman, But I came here, again, for the fresh air, T3-73 As detailed in Section 1 of the DEIS and further supported in Wingdale for the great people, for the environment, Section 1 of this FEIS, there is a clear and stated need for the Resident and to have an -- unnecessary, literally Project within the proposed Project timeline. The Project will be chemical-producing smokestacks that are privately funded, and will generate substantial tax revenue to the not needed in an area where you feel the benefit of the local community.

people are maybe a little more poverty-The Project fulfills a stated need and has a net positive impact on encroached and need the extra money, $22 the environment, reducing regional emissions, cleaning up and million in tax revenue, let's be - admit it, it's restoring an inactive abandoned industrial site unlikely to be a drop in the bucket, that's probably a three-otherwise remediated, restoring degraded wetlands and day profit for you gentlemen from your jurisdictional adjacent area, and preserving in perpetuity 79 acres company which you are gonna make.

of land along the Swamp River, while creating over 1,000 worker-I believe 80 percent of all the energy years of construction employment, 25-30 permanent high-paying that's staying here, whatever it is, runs professional jobs and generating millions of dollars in taxes to through Westchester and New York City, benefit the town, county, school district and state along with nothing to do with us whatsoever, so we get millions of dollars in secondary employment and other economic all the poison, all the garbage, they get all benefits.

the energy, we get $22 million bucks, which Potential Project impacts have been carefully assessed, and is not even a tenth of a penny, and that's compliance demonstrated with applicable environmental standards.

unless you -- so, obviously, I'm against it.

In addition, this Project will have little demand on public services.

Project Description Page 1-93

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number Mr. Chris you look at reservoirs that are drained to T3-78 As detailed in Section 1 of the DEIS and further supported in Galayda, Town the ground because the City does it, right, Section 1 of this FEIS, there is a clear and stated need for the Board and you look at, you know, the fact that Project within the proposed project timeline. The Project will be they're talking about New York City needs privately funded, and will generate substantial tax revenue to the more power or the Governor wants it. And, benefit of the local community.

I'mtrying tobalance and review this The Project fulfills a stated need and has a net positive impact on stuff, I mean, if the Governor wants it so the environment, reducing regional emissions, cleaning up and bad, why doesn't he put it in his restoring an inactive abandoned industrial site unlikely to be backyard?...the county has a lot to gain by otherwise remediated, restoring degraded wetlands and this and not much to lose, they're gonna jurisdictional adjacent area, and preserving in perpetuity 79 acres make a million dollars a year and not give of land along the Swamp River, while creating over 1,000 worker-us any more services. My children's health years of construction employment (the hardest hit economic group is not for sale, you know, and my neighbors' in New York State), 25-30 permanent high-paying professional jobs children's health is not for sale.

and generating millions of dollars in taxes to benefit the town, If they need more power in Manhattan, county, school district and state along with millions of dollars in put it there, or like I said, better yet, in the secondary employment and other economic benefits.

Governor's backyard.

Potential Project impacts have been carefully assessed, and compliance demonstrated with applicable environmental standards.

In addition, this Project will have little demand on public services.

Jurgen The issue is: Do we really need this T3-91 The SEQRA process is intended to evaluate a project on its own Wekerle, Sierra project?... We are in our fourth year-over- merit, rather than focusing on potential implications to other Club year decline in energy consumption in New operating facilities.

York State. The New York State Public It is assumed that the commenter is referring to analyses indicating Service Commission has issued directives that there is no imminent need for additional electric generation to all the generators and utilities to prepare facilities to avoid violating minimum reliability criteria. However, the an austerity plan on which plants to close commenter notes the uncertain status of a number of older existing downThe New York State Independent plants and, as discussed in Section 1.4.3 of the FEIS, an Systems Operator, which manages the environmental, reliability and economic need for the Project has reliability and the flow and the processing of Project Description Page 1-94

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number contracts for electricity, they have a ten- been established.

year forward-moving average. There is no 1,5 NYSPSC has, in several recent orders, recognized the need for need projected until 2020, but they have no the addition of new, more efficient generating facilities, even where need after that either, but that's just within there is not an imminent threat to system reliability, based on a their current time frame. We have several number of factors, including system reliability benefits, economic other power plantsIndian Point does not benefits for customers and New York State, and achievement of produce at its capacity right now...Bowline public policy goals including environmental benefits. With respect in Rockland is on life support, Roseton in to reliability, the NYSPSC has determined that the addition of new the town of Newburgh is on life support, generation facilities provides an additional source of supply in the Danskammer is producing a moderate event that other expected generation and transmission projects are amount of electricity. There is no need.

not available to the bulk electric system.

The market circumstances are such that In support of the development of new sources of electric we do not have a need for this energy.

generation, the NYISO 2011 Power Trends report explains that the Another sign of the lack of the need and sustained adequacy of resources may be challenged by the demand is the Levitt plant in Rockland following factors: the considerable lead-time needed to finance, County. That plant was under consent permit and construct major energy projects; the potential retirement decree to clean out its air emissions.

or other closure of existing generation facilities as a result of Rather than do that, it was not economically business of governmental determinations; aging generation and feasible for them to invest money and transmission infrastructure; and the cumulative impact of impending converting to gas or improving the coal or federal and state environmental regulations on the continued some other fuel, and they petitioned the operation of various existing power plants.

Public Service Commission for decommissioning. Before any power plant can go off-line, they have to ensure a replacement supply of power... The Levitt plant was able to satisfy the needs of the state in the entire grid that we are all hooked up into here. Through the efficiency measures by Orange & Rockland Utilities that you saw on that plan prior to Project Description Page 1-95

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number deregulation, by creating a -- by building a new substation, by improving the regional distribution lines and the transformers neighborhood to neighborhood, the efficiency in that upgrade of the regional grid by itself captured the capacity of the production of the Levitt coal plant all by itself.

A major goal of New York State is to modernize the entire grid. If that happens, more power plants will close, let alone new power plants coming online. So, we have the taxes, we have the assessment issues that may vaporize totally. We also -

mentioned earlier was no contracts, does this company have contracts. They may not need contracts, and that is something that the DEIS should look at very carefully, and that is the whole New York State Independent Systems Operator auction system, how does that work, how would it affect the prices that homeowners actually pay here?

Jurgen Any more capacity is not going to lower T3-92 The Project will provide local and regional economic and Wekerle, Sierra the price either. That may have other dire environmental benefits by adding temporary and permanent jobs Club consequences in the payments in lieu of and by reusing a dilapidated industrial site in a productive and taxes that will be negotiated locally. The environmentally sensitive manner. The Project will also provide a example in Rockland County, based on the long-term revenue source for the Dover schools, the Town of Dover lower use, is that the towns of Haverstraw and Dutchess County through contributions to the tax base and and Stony Point suffered when Myron, the Project Description Page 1-96

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-4: Response to Comments Regarding Displacement and the Need for Power Author Summary Comment Response Number owner of those plants, declared bankruptcy community benefits.

and also a series of reassessments, and the The negotiated tax agreement is designed specifically to avoid the property taxes, to offset the income that the situations referenced in Newburgh and Marlboro. CVE proposes a municipalities became dependent on, tax agreement that would provide steady, escalating payments doubled and doubled againThe Town of over a 30-year period which provides revenue certainty to the Town Newburgh and the Town of Marlboro in of Dover and the Dover Union Free School District.

Orange and Ulster Counties suffered the same re-evaluation and reassessment Regarding the cost of electricity, CVE will bid its power into the based on the reduced income from the NYISO power pool. As one of the most efficient power generation Dynegy plants, Danskammer and Roseton, facilities in the region, it will be able to bid lower prices in the and their property taxes drastically wholesale market which should contribute to lower overall electric increased totally out of the blue, totally prices. The Dispatch Analysis projects annual reductions in load-unexpectedly, so whatever is promised weighted costs to serve in the New York Pool of up to $275 million.

today may not be materialized even if it's While the retail price of electricity is dependent on a number of been in effect for a short period of time. factors, the Project will have a positive effect on controlling costs to taxpayers.

Your electricity prices may actually go up there's an auction system and, in effect, lower prices are accepted to supply a certain amount and a series of bids are accepted to satisfy the entire demand; the highest price, the last bid offered, is paid to all the previous bidders, so it's the highest price that controls, not lower prices.

You may end up with the expectation of all kinds of income, all kinds of benefits, that may never materialize Project Description Page 1-97

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.4.4 Alternatives Analysis Section 7 of the DEIS addressed a range of alternatives to the proposed Project, summarized from the DEIS as follows.

The no action alternative;

Alternative Project sites;

Alternative electric generating technologies;

Alternative Project sizes;

Alternative cooling technologies;

Alternative emissions control technologies;

Fuel use alternatives; and

Water supply alternatives.

Each of these alternatives has been considered in determining Project feasibility, selecting the Project location, and incorporating technology decisions into the Project design.

Table 1-5 provides comments received, as well as responses, regarding alternatives.

Project Description Page 1-98

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number Venna Currow, I strongly support more viable 11-4 Renewable energy projects are recognized as an important part of the Wingdale environmental alternatives such as: Solar regions energy portfolio. The State Energy Planning process will Resident and Wind. These alternatives will have less establish renewable energy goals for the state. The Alternative substantial negative effect on the Analysis in Section 7.6.1 of the DEIS considered wind and solar environment at large. alternatives and concluded that neither technology is suited to the Joel Tyner, Dutchess County's and our country's future 24-2 Projects purpose and need, to supply 1,000 MW of baseload electricity Dutchess in green jobs-- not in fossil fuels like natural to the grid. Wind and solar are intermittent resources and could require County gas-- but solar farms; am I only one who tens of thousands of acres of land to generate the same amount of Legislature heard the great report recently on WAMC electricity as the proposed Project. Further, the proposed Project is not re: green jobs from new solar farm in VT? incompatible with wind and solar and will not preclude development of these types of projects on sites that are suitable for those technologies.

Fact: Dr. Richard Perez of SUNY-Albany has conclusively proven that ALL of NYS's energy needs could be met completely by solar energy alone-- by covering 0.75% of NY's surface with photovoltaics.

Fact: 22,000 jobs across NYS could be created with the bipartisan Bonacic/Cahill Solar Jobs Act of 2011 (for solar renewable energy credits, as in NJ, PA, MA - all much more heavily incentivizing the purchase of solar for their state residents than New York does here); Germany has less sunlight then NYS but has solar panels all over -

Mark Chipkin, The project can be a hybrid power 25-9 The Project is located in a valley that is very poorly suited to wind Pawling generating plant which would include solar energy, lacking the strong, persistent winds necessary for a viable wind Resident and wind power. This would be a more turbine location. Development and operation of wind farms is appropriate example of working towards a Project Description Page 1-99

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number green, sustainable energy plan for the supported in locations more suitable for this form of energy.

future.

In addition, the Project will utilize rooftop rainwater capture and is GE is building a power plant that uses a considering all reasonable opportunities to incorporate on-site flexible natural gas power generator renewable energy, such as solar photovoltaic panels on the Project coupled with concentrating solar power and roofs.

wind turbines.

David Roberts, Any SEQRA document needs to include 29-3 The DEIS addresses an array of alternatives to the Project in Section Pawling substantive alternative actions to the 7. Further, as detailed in Section 7.2 of the DEIS, there are substantial Resident proposed application. The DEIS plainly societal, economic, energy and environmental benefits to the proposed dismisses this responsibility; stating there is Project. These would not be realized under the No Action alternative, no environmental benefit to the no action and the Projects purpose and need would not be met. Therefore, the alternative- there is clearly a distinct benefit No Action alternative was not selected as the preferred alternative.

to not approving this project.

Jurgen The DEIS must consider the full range of 30-8 As previously stated, no federal, state or local funds/subsidies will be Wekerle, Sierra reasonable, realistic alternatives to the utilized by this privately funded Project. The alternative solutions Club, Atlantic purpose and objectives of the CVE Project, offered by the commenter do not meet the Projects purpose and need Chapter and must consider the financial capabilities of adding baseload electric generating capacity. Further, the Project of the project sponsor especially in the does not in any way preclude or inhibit the energy efficiency context of current market conditions, enhancements or other energy use improvements suggested, nor are environmental degradation, conflicting these measures and development of new efficient and environmentally public policies, and the expenditure of responsible sources of energy mutually exclusive. A detailed federal-state-local public funds/subsidies discussion of Alternatives is provided as Section 7 of the DEIS.

required to underwrite the CVE project.

Alternatives are not limited to property locations, but include alternative sources, solutions and technologies that could produce the same or better outcomes that that promised by CVE.

Project Description Page 1-100

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number The letter asks for consideration of a range of impacts to be consistent with the state energy plan. If the need exists, the following alternatives are recommended for consideration:

Upgrades to the power grid

Demand-side management strategies

Time-of-day price metering

Unused reserve capacity at existing power plants

A New York City regulation that requires ability to produce 80 percent of peak load from generation located within the city limits

NYSERDA programs

Reduced power demand due to improved building construction codes and code enforcement

Weatherization and energy efficiency programs associated with the 09 American Recovery and Reinvestment Act funding

Solar energy projects

The LIDAR project, Remote Net-Metering legislation and the proposed Feed-in Tariff legislation

Decentralized, land-based and off-shore wind power proposed for Long Island and the New Jersey coastline Project Description Page 1-101

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number Tamara Wade, Will CVE obtain and utilize Federal and 31-19 Federal and state monies will not be used for the Project; the Project Wingdale State monies? And if so, wouldnt those will be privately funded. Therefore, no public resources will be diverted Resident public monies be best spent, helping from renewable energy or energy efficiency programs.

taxpayers to update their homes and It should be noted that the Project will utilize rooftop rainwater capture businesses with true green energy and is considering all reasonable opportunities to incorporate on-site production such as Solar and or wind renewable energy, such as solar panels on the Project roofs.

turbines as with global warming being a main concern we might consider deeply that fossil fuel energy of any kind needs to cease, and non-emission producing renewable alternatives are the only hope for a future and the wellbeing of all life.

Graham The proposed Water Supply Alternatives 32-59 As discussed in DEIS Section 5.4.4.2, the proposed Knolls of Dover Trelstad, AKRF should consider phasing in the use of project is planned to have a wastewater treatment plant that could, at treated effluent from the Dover Knolls some future point, provide treated effluent to meet all or a portion of the project as it is constructed and occupied. Projects water needs. While that project has been approved by the Town of Dover, until it has an operating track record to demonstrate consistent volume and quality of discharge, a practical assessment of that source cannot be completed. CVE is open to consideration of feasibility of use of this water source in the future.

The water demand for the Project is very small and can easily be met through the use of bedrock wells without adverse impact. While technically feasible (depending upon the consistent volume and quality of the discharge), use of treated effluent would require several miles of new water line along Route 22.

Graham The use of alternative energy sources 32-60 Use of alternative energy sources was considered in Section 7.6.1 of Trelstad, AKRF to supplement the project and offset the DEIS. The Project is located in a valley that is very poorly suited to the burning of fossil fuels should be wind energy, lacking the strong, persistent winds necessary for a viable considered. wind turbine location. Development and operation of wind farms is Project Description Page 1-102

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number supported in locations more suitable for this form of energy.

In addition, the Project will utilize rooftop rainwater capture and is considering all reasonable opportunities to incorporate on-site renewable energy, such as solar photovoltaic panels on the Project roofs.

T. Michael Given the proximity to the Great Swamp, 33-22 CVE considered a range of alternate Project sites as detailed in Twomey, the DEISs Alternative Site Analysis is Section 7.4 of the DEIS. None of the alternate sites identified creates Entergy insufficient to satisfy the hard look required the environmental benefit provided by the opportunity to restore an by SEQRAthe DEIS provides no abandoned site that is zoned for industrial use and is immediately information on what or how many proximate to the necessary natural gas and electric infrastructure.

alternative Sites were actually evaluated or why each did not meet these criteriaIt is impossible to tell from the DEIS whether other potentially suitable Sites that are not located in or adjacent to the Great Swamp or other wetlands were adequately evaluated (or evaluated at all).

Ryan Courtien, ES-19: Is any consideration being given to 37-19 The Project does not include a wastewater treatment plant, as no Town an expandable sewage treatment plant that wastewater from the process will be discharged from the site. Its Zero Supervisor, possible future projects in the vicinity could Liquid Discharge system is designed specifically for process water and Town of Dover tie into? cannot accommodate other waste stream types. Sanitary discharge from the facility is to a conventional septic system.

Ryan Courtien, 1-10: What are the more efficient 37-45 Efficiency is generally measured in terms of energy produced per unit Town technologies for producing electricity than of fuel consumed. Combined cycle technology is by far the most Supervisor, combined cycle? efficient means of generating electricity with a fossil fuel.

Town of Dover Project Description Page 1-103

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number Ryan Courtien, 1-11: CVE should communicate with NYPA, 37-47 The Project will utilize rooftop rainwater capture and is considering all Town or some other organization, to locate solar reasonable opportunities to incorporate on-site renewable energy, such Supervisor, panels on the project structures. as solar photovoltaic panels on the Project roofs.

Town of Dover Ryan Courtien, 1-11: Is a design alternative considered / 37-48 No design alternative for this type of Project that would not exceed this Town possible that does not exceed the 35 foot height limitation is possible.

Supervisor, height limitation of buildings in the Town of Town of Dover Dover Town Code?

Robert Herzog, If the system wants displacement, then 42-5 None of the alternatives suggested by the commenter would be there are still better alternatives. precluded by the proposed Project. However, as discussed in Section 1.4.3 of the FEIS, CVE has articulated a basis for an environmental,

1. Currently Proposed Generating and reliability and economic need for the Project, which the NYSPSC will Transmission Capacity. As stated consider as part of its independent determination on CVEs application above, a total of 1660 of new for a CPCN pursuant to Section 68 of the PSL.

transmission capacity and 1060 MW of new generating capacity are currently proposed and in the queue ahead of Cricket Valley. These increases would directly alleviate any potential stress on the one area of the State that could have reliability issues, New York City, and that only in the event Indian Point is shut down.

2. Alternative Energy Sources. A recent extensive study of the solar generating potential for New York City found it was 5,847 megawatts. The study concluded that given current costs and incentives, building solar power units would be cost effective. Over five thousand megawatts! If even a tenth of that Project Description Page 1-104

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number potential was realized, there would never be a reason to build a plant in Cricket Valley. Solar power cost effectiveness will only increase as technology improves and demand lowers the price of the systems. If Dover Plains and Dutchess County decided for some reason they wanted to be major contributors to regional energy needs, imagine the solar potential for the county.

NYC is 305 square miles, Dutchess County is 825. The cost of construction would be a lot cheaper on the open flat land here than it would be on the rooftops of New York City.

Furthermore, the construction and operation of solar energy farms would produce many more construction and permanent jobs, especially for local residents, than would the 25 niche skill jobs that would be the remnant of the Cricket Hill operation.

Wind power is also playing an increasing role in meeting power requirements for the State. Should anyone claim that projections based on increases in wind power capacity are not realistic, it should be noted that there were 48 MW of installed wind Project Description Page 1-105

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number capacity in New York State in 2005, and 1,348 MW of installed wind capacity in 2011, as documented in the NYISO Load and Capacity Report 2011.

Robert Herzog, Over the next five years enormous strides 42-7 As discussed in Section 1.4.3 of the FEIS, CVE has articulated a basis will no doubt be made in producing energy for an environmental, reliability and economic need for the Project, from sources other than fossil fuel burning which the NYSPSC will consider as part of its independent plants such as Cricket Valley. These new determination on CVEs application for a CPCN pursuant to Section 68 sources will not have enormous local of the PSL.

impact, on water, air, noise and the Speculative alternatives for technologies that may or may not exist in environment.

the future are not responsible alternatives to be considered in a DEC as lead agency with the mandate to SEQRA process. The Project fulfills a stated need and has a net protect our environment has the legal positive impact on the environment, reducing regional emissions, responsibility to consider the NYISO cleaning up and restoring an inactive abandoned industrial site unlikely findings and the likelihood of far better to be otherwise remediated, restoring degraded wetlands and alternatives available during the time frame jurisdictional adjacent area, and preserving in perpetuity 79 acres of when they will actually be needed. land along the Swamp River, while creating over Circumventing or ignoring such findings 1,000 worker-years of construction employment (the hardest hit would be a violation of DECs mission, economic group in New York State), 25-30 permanent high-paying which is to conserve, improve and protect professional jobs and generating millions of dollars in taxes to benefit New York States natural resources and the town, county, school district and state along with millions of dollars environment and to prevent, abate and in secondary economic benefits.

control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well-being. -

Environmental Conservation Law, Article 1.

DEC states its goal is to achieve this mission by embracing the elements of Project Description Page 1-106

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number sustainability - the simultaneous pursuit of environmental quality, public health, economic prosperity and social well-being, including environmental justice and the empowerment of individuals to participate in environmental decisions that affect their lives. Approving a fossil fuel plant that is not needed and consumes a non-renewable, more polluting fuel is clearly not consistent with DECs mission. Any decision to site this plant now would have to be considered arbitrary and capricious, and open to challenges on those grounds.

Robert Herzog, The Analysis of alternatives is best summed 42-14 The lack of ownership of other sites in New York was only one of the Dover Resident up by one of the four principal reasons for reasons listed in the alternatives site section. It was primarily included rejecting other sites: None of the other sites to reflect the alternate site requirement for private applicants set forth in are owned or controlled by CVE. Their the SEQRA regulations at 6 NYCRR Part 617.9(b)(5)(v) which theory would thus seem to be that once specifically states that, for private applicants, alternatives may be CVE acquired this property, that becomes a limited to sites which the sponsor owns or has under a purchase determinative factor in allowing the plant to option.

proceed to construction. To state the obvious, the bet that CVE made on land acquisition, and finding what it evidently assumed to be a complacent locality in which to build a plant with major local disruption and few local benefits, should play no role in this siting decision.

Project Description Page 1-107

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number Robert Herzog, Other elements of the Alternatives section 42-15 Solar and wind alternatives were rejected because they would not are equally spurious. Solar and wind meet the Projects purpose and need, which is for baseload electric alternatives are rejected because they generating capacity. These alternatives would not be able to generate would require more acreage than is on the the same amount of electricity using the acreage available on the site, CVE site. Again, the characteristics of this but would require tens of thousands of acres of land and would one site should play no role in determining generate electricity on an intermittent basis.

an optimum energy future for New York and However, it should be noted that the Project will utilize rooftop the region.

rainwater capture and is considering all reasonable opportunities to incorporate on-site renewable energy, such as solar photovoltaic panels on the Project roofs.

Robert Herzog, the No Action plan, in the context of no 42-16 See the response to Comment No. 42-7. As discussed in Section need for the plant, the likelihood of more 1.4.3 of the FEIS, CVE has articulated a basis for an environmental, viable alternatives being available by the reliability and economic need for the Project, which the NYSPSC will time the regional grid requires additional consider as part of its independent determination on CVEs application capacity, and the serious negative local for a CPCN pursuant to Section 68 of the PSL.

impact the construction and operation of The Project proposed is the best alternative for meeting the purpose this plant will have on the quality of life and need and brings environmental, societal, and economic benefits around it, is clearly the best alternative at that would not be realized with the No Action alternative. Given the this time.

lead time associated with the development of this type of project, the CVE and the state can reconsider this commenters proposal to delay the application until 2018 is not application in 2018 with ample time to meet feasible. For this reason, the No Action alternative is not considered whatever projected capacity needs the state the best alternative.

might have at that time, and what are the then best alternatives, from conventional to alternative, to meet those needs. CVE and its parent should explore other alternatives before imposing the burden of their prior purchase on the town of Dover.

Project Description Page 1-108

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number Brigid Casson, I would like to strongly recommend that T1-17 The Project will utilize rooftop rainwater capture and is considering all Dover resident you consider, should this come to pass, a reasonable opportunities to incorporate on-site renewable energy such green roof, if it's possible. Many structures as solar panels on the Projects roofs. These low-impact designs will now have green roofs, and if you're trying reduce the environmental impacts of the facility.

to be environmentally sensitive, that would be a significant step in the right direction.

Mark Chipkin, I don't understand why no solar or wind T3-13 The Project is located in a valley that is very poorly suited to wind Pawling power or anything like that was included in energy, lacking the strong, persistent winds necessary for a viable wind Resident this project. Even GE in Turkey has turbine location. Development and operation of wind farms is proposed a hybrid type of plant, and I don't supported in locations more suitable for this form of energy. The see that here Project will utilize rooftop rainwater capture and is considering all reasonable opportunities to incorporate on-site renewable energy, such as solar panels on the Projects roofs.

Alan Surman, One idea that I advanced earlier, if there T3-44 The water demand for the Project is very small and can easily be met Dutchess was a continued need for water, since this through the use of bedrock wells without adverse impact. As County place will be so close to Dover Knolls and discussed in DEIS Section 5.4.4.2, the proposed Knolls of Dover Legislator Dover Knolls will be producing up to project is planned to have a wastewater treatment plant that could, at 500,000 gallons of effluent and be going some future point, provide treated effluent to meet all or a portion of the through tertiary cleaning, conceivably one projects water needs.

day we could force a pipeline up there for a mile and a half and they could use treated Use of this treated effluent may be technically feasible (depending wastewater and they don't have to touch the upon the consistent volume and quality of the discharge), but would groundwater at all. require several miles of new water line along Route 22. While that project has been approved by the Town of Dover, until it has an operating track record to demonstrate consistent volume and quality of discharge, a practical assessment of that source cannot be completed.

CVE is open to consideration of feasibility of use of this water source in the future.

Project Description Page 1-109

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-5: Responses to Comments Regarding Potential Project Alternatives Author Summary Comment Response Number Ross Cardwell, there's other ways to get business here T3-54 CVE believes the environmental and economic benefits offered by the Wingdale and tax dollars here that'll benefit our Project exceed those of any other project ever proposed in Dover.

resident community than building some, you know, The Project will provide local and regional economic and environmental multimillion-dollar plant that will generate benefits by adding temporary and permanent jobs and by remediating profits with independent entities that'll take and reusing a dilapidated industrial site in a productive and their money elsewhere. To power that much environmentally sensitive manner. The Project will also provide a long-of our state, to have the capacity to do that term revenue source for the Dover schools, the Town of Dover and much and to give us so little, doesn't make Dutchess County through contributions to the tax base and community sense, it just doesn't make sense.

benefits.

Manna Jo if this plant moves forwardthere's not T3-58 The Project will generate substantial revenue to the Town of Dover and Green, an official requirement for a host community is in negotiations with the town on a community benefits package.

Rosendale benefit package, but you are in negotiations Regarding renewable energy opportunities, the Project is located in a Resident, and you could be negotiating for that facility valley that is very poorly suited to wind energy, lacking the strong, Environmental to also include a huge solar array, and if persistent winds necessary for a viable wind turbine location.

Director for there is the potential for wind, that wind be Development and operation of wind farms is supported in locations Hudson River captured so that it really is moving towards more suitable for this form of energy. The Project will utilize rooftop Sloop sustainability.

rainwater capture and is considering all reasonable opportunities to Clearwater incorporate on-site renewable energy, such as solar panels on the Project roofs.

Project Description Page 1-110

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.4.5 Cumulative Impacts Cumulative impacts have been carefully considered as a part of the SEQRA process for this Project, addressed within each relevant technical area of study. Cumulative impact analysis follows prescribed scopes developed not only through the public and agency review process for this Project, but used by the broader regulatory and consulting community to understand the potential for project effect. Both regional and site-specific conditions were incorporated, and all impacts were considered within the local context. Specific consideration of cumulative effects was incorporated for studies associated with:

Site conditions and the need for cleanup;

Air quality issues;

The potential for groundwater impact;

Evaluation of traffic impacts;

Noise assessment; and

Potential impact to community services and socioeconomics.

Numerous working group meetings were held to allow the community to bring local issues to CVE and to facilitate discussion of key concerns, many of which have resulted in Project refinements to help mitigate impacts to Dover and the surrounding communities.

Table 1-6 provides responses to comments received regarding Project cumulative impacts.

Project Description Page 1-111

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-6: Response to Comments Regarding Cumulative Impacts Author Summary Comment Response Number James Utter, We also reiterate our concern that this 34-1 Cumulative impacts have been carefully considered as a part of the Friends of the project be examined in the light of the SEQRA process for this Project, addressed within each relevant technical Great Swamp other proposed and potential projects in area of study. For example:

the Towns of Dover and Pawling especially. Cumulative impacts must be

Site conditions and the need for cleanup considered surrounding land part of a SEQRA process. uses; Stephen and Cate The DEIS also discusses "net" 38-5

Air modeling utilized regional background quality information as well Wilson, Wingdale change over a relatively wide as including cumulative modeling incorporating appropriate sources Residents measurement area; however there is within New York, Connecticut and Massachusetts; no specific discussion of how these standards could vary in areas like ours,

The potential for groundwater supply impact considered surrounding closest to the proposed plantThey wells, including potential future projects such as the Knolls of Dover; cannot accurately predict the and cumulative effects of the plant in

The traffic study specifically incorporated growth in traffic associated operation for any type of impact with potential future projects such as the Knolls of Dover, as well as Jim Utter, Friends I think a serious problem is for Dover to T2-34 typical community growth over time.

of the Great look at what is going to be happening in Swamp the area. Because one of the goals of the Cumulative impact analysis followed prescribed scopes developed not EIS process is to look at cumulative only through the public and agency review process for this Project impacts. As was mentioned before, there pursuant to SEQRA, but used by the broader regulatory and consulting are at least three major projects community to understand the potential for project effect. Both regional proposed. One of them has been put on and site-specific conditions were incorporated, and all impacts were hold now, 22 Wind Rose. But right on the considered within the local context. Numerous working group meetings same stem, not very far apart, is Dover were held to allow the community to bring local issues to CVE and to Knolls, which still plans to take a 24 facilitate discussion of key concerns, many of which have resulted in million gallons a day out of the ground Project refinements to help mitigate impacts to Dover and the surrounding water, and Cricket Valley. This is water communities.

impact. It's also traffic impact. It's all sorts Project Description Page 1-112

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-6: Response to Comments Regarding Cumulative Impacts Author Summary Comment Response Number of impacts. I think the Town really needs to make sure that the cumulative impacts from a long-range standpoint are considered in all of this. So that they are laid out and there are clear decisions made by the Planning Board. Where they want Dover to be in 25 years and how much should each project take from or add to the Town. It's a little hard to anticipate the economic downturn that stopped Wind Rose. But these are serious issues that affect the natural environment but also affects the community and social environment and the whole culture of the area.

Ross Cardwell, I'm not sure that there's been a clearcut T3-53 Cumulative impacts have been carefully considered as a part of the Wingdale study as to the impact of the development SEQRA process for this Project, addressed within each relevant technical Resident of this plant on Dover Knolls, what will area of study. These cumulative impacts considered not just regional that do. effects, but local effects, with particular attention paid to the proposed Knolls of Dover project. For instance, the traffic study (DEIS Section 6.3 and DEIS Appendix 6-D), Water Well Test Report (DEIS Section 5 and DEIS Appendix 5-E), Site Water Budget Report (DEIS Section 5 and DEIS Appendix 5-C), and visual analyses (DEIS Section 6.2) specifically incorporated the Knolls of Dover project, as well as other typical community growth over time.

Project Description Page 1-113

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-6: Response to Comments Regarding Cumulative Impacts Author Summary Comment Response Number Chris Wood, The project includes a number of T3-23 Alteration of the wetlands is not anticipated due to Project water use, Pawling Resident, conservation measures and pump tests confirmed by the wetland monitoring described in DEIS Section 5.4.4.2 Oblong Land have been run that would indicate that the and discussed further in Section 5.3.2.

Conservancy needs of the project should not exceed The Projects Site Water Budget Report (DEIS Appendix 5-C) was local capacities. However, the fact commissioned to specifically analyze whether the Projects water remains that the communities in the valley consumption, in conjunction with other proposed projects in the area, rely upon an aquifer. This is just a finite including the Knolls of Dover, will be sustainable. The Chazen resource. The Swamp River is a slow Companies, which has been involved in Harlem Valley watershed moving stream with limited capacity to investigations since 1997, was chosen to conduct this study based on self-cleanse. Were the water resources their knowledge and expertise of Harlem Valley hydrogeology. Their to become contaminated or subject to conclusion is that the Project water withdrawal needs are locally chronic depletion present and future sustainable. Further, under proposed regulations at 6 NYCRR Part 601, residents of the area would have nowhere the Project may be required to obtain a water withdrawal permit. Once to turn. In view of this, we believe these regulations become effective, CVE will seek to obtain required water according to the water resources on a withdrawal permits, which are expected to carry with them stringent regional basis to serve the needs of CVE reporting requirements on the quantities of water withdrawn.

against the long-term implications of additional piecemeal development in the CVE has committed to install a stream gauging station downstream of the area, as well as large-scale projects such Project on the Swamp River. Meetings with local residents and as Dover Knolls environmental groups have concluded that the Route 22 bridge, where a United States Geological Survey (USGS) stream gauging station had been previously sited, would be the most advantageous location for gauging to occur.

As discussed in Section 5 of the DEIS and Section 5 of this FEIS, CVE has incorporated a Zero Liquid Discharge system into the Project. Water is continually recycled using this system, such that no process wastewater discharge is required. With no discharge of process wastewater, that potential pathway for contamination of groundwater supplies will be avoided.

Project Description Page 1-114

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.4.6 Project Fuel Source The Project proposes to utilize natural gas as the sole fuel for the Projects combustion turbines, HRSG duct burners and auxiliary boiler. In addition, ULSD fuel will be used in the emergency fire pump and black-start generators. These are the cleanest fuels available for each respective equipment type given their intended use.

The Project location was selected, in part, due to its close proximity to electric and gas transmission lines, which are located immediately adjacent to the Property. The Project will require a 500-foot lateral pipeline to connect to the adjacent Iroquois gas pipeline which abuts the site. No other pipeline infrastructure will be required for the Project.

No hydro-fracking is proposed as a part of this Project. Natural gas will be supplied to the Project from the existing Iroquois pipeline adjacent to the Project site. CVE will be relying upon the general flow of natural gas from many sources within the interstate pipeline transportation system. The Project cannot influence, nor can it distinguish between the potential sources of natural gas in the interstate pipeline system.

Responses to comments regarding the source of natural gas for the Project and other fuel-related issues are provided in Table 1-7.

Project Description Page 1-115

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-7: Responses to Comments Regarding Project Fuel Source Author Summary Comment Response Number Venna Currow, Natural Gas prices will cost more because 11-2 Pricing of natural gas is not generally determined through local demand, Wingdale of the demand [the project] will have. but on a national basis. National demand at the Henry Hub in Louisiana, Resident as well as other factors such as weather, storage and fuel competition all contribute to natural gas pricing. Based upon New York State natural gas consumption in 2010, the Projects demand would represent less than 4 11 percent of total demand. No material impact to the price of natural gas is anticipated.

C.L.J. Wood, We are aware that a variety of questions 12-1 The need for power is addressed in Section 1.4.3, and Project benefits are Oblong Land have been raised including the short-term addressed in Section 1.4.7 of the FEIS. Firm transportation capacity is Conservancy need for this plant, the long-term available on the Iroquois pipeline from Iroquois and several additional availability and cost of the gas used to capacity resources. At this time, the applicant has no gas transportation power it, the linkage, if any, with the issue contracts for capacity. The Project is negotiating for both primary and of hydro-fracking in the Marcellus Shale secondary firm supply with several parties including Iroquois.

formation and the benefits that will accrue CVE will be relying upon the general flow of natural gas from many locally as opposed to regionally from the sources within the interstate pipeline transportation system. The Project construction and operation of the plant.

cannot influence, nor can it distinguish between the potential sources of natural gas in the interstate pipeline system.

11 Energy Information Administration, New York Natural Gas Consumption by End Use - 2011, Available at:

http://www.eia.gov/dnav/ng/ng_cons_sum_dcu_sny_a.htm Project Description Page 1-116

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-7: Responses to Comments Regarding Project Fuel Source Author Summary Comment Response Number Anna McCabe, Until the gas power plant operator signs 21-1 As noted in the response to Comment No. 12-1, this Project does not no affiliation with NYS an agreement that this plant will influence nor can it distinguish between the potential sources of the listed never burn the product of hydrofracked pipeline quality gas that will be delivered through the interstate pipeline gas, I stand in opposition to its opening. system.

Catherine Where and how would this natural gas be 22-1 No hydro-fracking is proposed as a part of this Project. Natural gas will Sebastian, obtained? The idea that Fracking would be supplied to the Project from the existing Iroquois pipeline adjacent to Ulster County be involved is frightening. I believe the the Project site. The Project cannot influence, nor can it distinguish Resident well being and future of our country between the sources of natural gas in the interstate pipeline system.

depends on rejection of fossil fuel.

Evelyn Chiarito I have been told that gas for this project will 23-13 No hydro-fracking is proposed as a part of this Project. CVE will be relying and Joseph come from fracking...I cannot condone upon the general flow of natural gas from many sources within the Chiarito, Dover such an unethical, heartless method of interstate pipeline transportation system. The Project cannot influence, Plains obtaining fuel, especially if it is not really nor can it distinguish between the sources of natural gas in the interstate Residents needed as NYS Independent Service pipeline system. The need for this Project is discussed above, at Section Operator finds. 1.4.3 of the FEIS.

Joel Tyner, -- has anyone from Cricket Valley, Dover, 24-1 Dutchess or the NYS Department of Environmental County Conservation 100% guaranteed that none Legislature of the natural gas to be burned at the power plant will come from fracking?

Recall May Duke University study--

groundwater in areas near active fracking wells contained, on average, methane concentrations 17 times higher than wells located where fracking was not taking place -

Yes, all of this is pertinent to the plant proposed for Dover - because its to be fired by natural gas (with good possibility Project Description Page 1-117

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-7: Responses to Comments Regarding Project Fuel Source Author Summary Comment Response Number much of that natural gas ic coming from frackingover my dead body!

Jurgen Not explained but integral to the CVE 30-1 Wekerle, Sierra Project is the planned fuel switch to Club, Atlantic Marcellus Shale hydrofracked methane as Chapter the fuel source, and the related plan to construct the new 66-mile, 36-inch diameter NY Marc pipeline needed to transport that Marcellus Shale gas to a new Iroquois pipeline interconnection to be constructed in Pleasant Valley which will feed the CVE power plant.

Jurgen The letter takes the position that the project 30-3 Wekerle, Sierra is dependent on Marcellus Shale gas and Club, Atlantic the new pipeline, believing it is Chapter segmentation if full and cumulative impacts of that action is not considered, including public health impacts associated with air quality, greenhouse gas issues, evaluation of infrastructure deficits, etc.

Tamara Wade, What is the likelihood of new pipelines 31-18 The Project site was selected due to its close proximity to existing electric Wingdale being laid for CVE to connect to gas from and gas transmission lines, which are located immediately adjacent to the Resident the Marcellus Shale in the future, and the Property (see Section 1.3.7 and 1.3.8 of the FEIS). The Project will demand for hydro-fracking. Despite the require a 500-foot lateral pipeline to connect to the adjacent Iroquois gas statement that this particular project itself pipeline which abuts the Property. No other pipeline infrastructure will be is not hydro-fracking wouldnt it be fair to required for the Project.

say that gas fired power plants = need CVE will be relying upon the general flow of natural gas from many for natural gas=future need for hydro-sources within the interstate pipeline transportation system. The Project fracking? And what about the issue of cannot influence, nor can it distinguish between the sources of natural gas cabling? The Benjamin Company plans in the interstate pipeline system. CVE cannot address the future of use of Project Description Page 1-118

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-7: Responses to Comments Regarding Project Fuel Source Author Summary Comment Response Number to eventually utilize gas for their natural gas by the Knolls of Dover development.

development do they require a power plant in order to connect to the pipeline?

And if Benjamin companies do access natural gas from Iroquois what impact will that connection have on our town.

Ryan Courtien, ES-1: clean burning natural gas vs. 37-3 The use of this phrase is primarily intended to stress the use of natural Town natural gas Is there non-clean burning gas, the cleanest-burning of the fossil fuel alternatives. Composed Supervisor, natural gas? What is the definition of primarily of methane, the main products of the combustion of natural gas Town of Dover clean burning? are carbon dioxide and water vapor, the same compounds we exhale when we breathe. Although all natural gas would be considered clean relative to other fossil fuels, pipeline quality natural gas, which will be used for this Project, is also subject to standards that control its constituents further. To eliminate any potential confusion as indicated by this comment, this FEIS uses the term natural gas rather than clean burning natural gas when referencing fuel for the Project.

Ryan Courtien, 1-31: Does the natural gas go directly from 37-58 As shown in Figure 1-5 of the FEIS, the natural gas from the existing Town the Iroquois pipeline into the lateral Iroquois pipeline will go through the proposed interconnecting (or lateral)

Supervisor, pipeline then into the equipment or is there piping to the proposed Fuel Gas Metering Station. Because the Iroquois Town of Dover a reservoir between the lateral and the pipeline operates at a pressure of 800 to 1,000 pounds per square inch, equipment to take care of any increases / which is well above the requirements of the Project (600 pounds per decreases in pressure? square inch), the Project will not require a gas compressor. The Project will instead need to reduce pressure and has included a Fuel Gas Conditioning and Pressure Reducing Station in its designs. This is not a reservoir system. Once the gas pressure is reduced, the gas will continue to flow through the piping, which will include fuel gas preheaters, to the facility.

Project Description Page 1-119

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-7: Responses to Comments Regarding Project Fuel Source Author Summary Comment Response Number Ryan Courtien, 1-31: With the creation of this power plant, 37-59 Discussions with Iroquois have taken place to discuss the availability of Town Iroquois will likely need to adjust their natural gas and what modifications might be required. No changes to the Supervisor, pipeline, with a compressor station, cooling Iroquois pipeline need to take place in Dover other than 500-foot lateral Town of Dover system or loop up-line, to take care of the pipeline from the Iroquois main line to the Projects fuel gas metering increased demand for natural gas. Has station.

there been a discussion with Iroquois regarding this likely event and, if so, where would the alterations to the pipeline take place to accommodate the project?

Cristina How will Cricket Valley provide natural gas to 40-10 CVE is a wholesale generator of electricity, which it will produce and sell in Bleakley, Dover Dover Knolls? Is their any other construction the electric markets administered by NYISO. The Project will purchase Resident that will take place to provide others with natural gas from the nearby Iroquois pipeline, but it is not licensed to natural gas? supply natural gas to others, a service that can only be provided by the areas franchised local gas utility, New York State Electric & Gas (NYSEG).

Ilana Nilsen, For the natural gas coming from the T1-21 The CVE Project will interconnect to the Iroquois gas pipeline which runs

[unknown] Iroquois pipeline, where will that be coming through New York State (and Connecticut) from Canada to Long Island.

from? Is this part of New York State? Is it Iroquois has numerous connections with other interstate pipelines. CVE coming down from Canada? will be relying upon the general flow of natural gas from many sources within the interstate pipeline transportation system and it is not possible to either influence or distinguish from where the gas originates.

Jessica Just because [natural gas] comes from the T2-17 Natural gas is the cleanest-burning fossil fuel alternative available.

Abrams, earth does not make it a green source.

Earlton, NY Peter Bob Boyleasked me to read this to you T2-26 CVE will be relying upon the general flow of natural gas from many Rustenberg, tonight. "The single biggest threat to water sources within the interstate pipeline transportation system. The Project Sherman, CT in the history of the United States is slick cannot influence, nor can it distinguish between the sources of natural gas water hydraulic fracturing, a/k/a fracking, for unconventional natural gas and shale Project Description Page 1-120

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-7: Responses to Comments Regarding Project Fuel Source Author Summary Comment Response Number in more than 30 states." All the gas that in the interstate pipeline system.

comes here could be coming up from this horizontal hydrofracking in Pennsylvania.

Jessica Wade, Many of you spoke about hydrofracking T2-27 Dover Resident tonightAnd while this is not going to be a site where there's hydrofracking, they're hydrofracking in other parts of the country, and they're bringing the gas to this plant where they will burn it.

Jessica Wade, So my question is: If the gas companies T2-28 CVE is working closely with the town, county and state, as well as Dover Resident that are extracting the gas from the land reaching out to members of the public, in order to provide sufficient are able to walk on and have landowners information to support reaching Project decisions with confidence. CVE sign an agreement and say that there will has supplemented the official SEQRA process with extensive public be no problems, what are the gas outreach that includes 15 public workshops, two open houses, and a companies that are constructing the plants Guide to the DEIS newsletter mailed to Dover residents. In addition, CVE and to burn the gas -- are they going to do maintains a Project website (www.cricketvalley.com) through which it the same to us? I ask you, for the people created an Ask Cricket Valley webpage, specifically designed to answer that are going to put this plant on our frequently asked questions and guide the public to answers within the property in our small town, where our DEIS.

schools are less than a mile away, in your hearts, are you really doing the right thing?

Are you telling us something that might not necessarily be true?

Chris Wood, Long-term availability and costs of the gas T3-18 CVE will be relying upon the general flow of natural gas from many Pawling used to power it, leakage, if any, with the sources within the interstate pipeline transportation system. The Project Resident, issue of hydrofracking in the marcellus cannot influence, nor can it distinguish between the sources of natural gas Oblong Land shale formation in the interstate pipeline system. The demand of this one project is not Conservancy sufficient to drive the need for new sources of natural gas supply.

Tyler Davis, I'm a big proponent of natural gas, I think T3-30 The commenters sentiment is noted; however, CVE is a wholesale Dover Plains it's a much better alternative than oil, but generator of electricity, which it will produce and sell in the electric markets Project Description Page 1-121

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-7: Responses to Comments Regarding Project Fuel Source Author Summary Comment Response Number Resident what can we do to have the gas administered by NYISO. The Project will purchase natural gas from the infrastructure placedalong Route 22 to nearby Iroquois pipeline, but it is not licensed to supply natural gas to the future Dover Knolls, Dover Plains?... others, a service that can only be provided by the areas franchised local gas utility, NYSEG.

Tyler Davis, Also, the idea of a compressed natural T3-31 CVE will be relying upon the general flow of natural gas from many Dover Plains gas power station like to fuel your sources within the interstate pipeline transportation system. The Project Resident vehicles, I think in the future we're gonna cannot influence, nor can it distinguish between the sources of natural gas see -- you know, gas prices are already in the interstate pipeline system. The demand of this one Project is not very high -- here in Dover, we must drive sufficient to drive the need for new sources of natural gas supply.

everywhere, so we could go off a lot of The Project will purchase natural gas from the nearby Iroquois pipeline, money on fuel, you know, could that be but it is not licensed to supply natural gas to others, a service that can only incorporated into the design?

be provided by the areas local franchised gas utility.

Ross Cardwell, I've heard some really horrible stories T3-51 Wingdale about some of the potential problems Resident relating to this process. It's called fracking, that I know absolutely nothing about, to tell you up-front.

Project Description Page 1-122

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.4.7 Project Safety Combined cycle electric generating plants have excellent safety records and safety features and programs will be integrated into the Project. CVE will be required to follow all applicable federal, state and local codes and standards. In addition to incorporating advanced safety technology, CVE will coordinate its safety plans for the facility with local emergency agencies and the J.H.

Ketcham Hose Company. Using the latest technology in controls and fire protection/detection, the Project will be one of the safest electric generating facilities in New York State.

All equipment with the potential for fire or explosion will be located central to the site to allow for maximum buffer from the property lines in the event of an accident. In addition, these facilities will be built with blast walls to contain and direct any blast. In response to the Middletown, Connecticut accident, the NFPA has issued new standards for purging natural gas pipes following construction. All cleaning of pipes will be performed with inert gases or compressed air, which is consistent with the new NFPA standards.

The Project will include comprehensive on-site systems for fire emergencies. Fire protection systems will comply with all applicable NFPA standards and recommended practices, as well as state and local codes. The fire protection systems will be designed and implemented by a qualified fire protection engineer, and reviewed by applicable federal, state, or local authorizes.

The systems will be designed to be automated, with the assumption that facility personnel will have minimal involvement for fire response. CVE representatives have and will continue to coordinate with J.H. Ketcham Hose Company officials to ensure adequate resources are in place.

An Emergency Response Plan will be prepared prior to construction mobilization and will be designed and written to assist the facilitys management, employees and outside responding agencies through emergency response actions at the facility. The plan will be developed in consultation with town officials and local emergency responders, to address different types of potential emergencies; emergency resources (equipment or personnel); levels of emergency response; principles to be applied during a response; detailed measures for initial response, containment, rescue, first aid and evacuation; termination of an emergency; notification procedures; drills and training; and the process for updating and modifying emergency procedures.

Project Description Page 1-123

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Prior to mobilization for the construction phase of the Project, CVE and its primary contractor will conduct the following activities as a component of Emergency Response Plan development:

Interview occupational medical clinics within the Dover vicinity to select the one deemed best suited based upon location, quality of care and commitment to injury management principles.

Work closely with all local providers of emergency medical response (including the J.H.

Ketcham Hose Company) to assess response times and capabilities of each responder.

The assessment will include capabilities to rescue from heights. Cranes and aerial lifts would be provided during construction if such capabilities are not in place.

Survey area hospitals to verify services and other details as an occupational health safeguard. The location of the nearest trauma center will also be verified.

Conduct a site visit with local law enforcement agencies to formally initiate the construction process and familiarize local authorities with the schedule, planned activities, and other relevant details.

During construction, there will be continuous, on-site security staff to secure the site and construction materials. Police service may be needed for limited traffic control during construction, and will be compensated; thereby, not incurring additional operating or infrastructure costs. The Emergency Response Plan utilized during construction will be modified to reflect operational conditions, and similar detailed review of procedures and resources will occur to ensure appropriate measures are in place.

During operations, the Project will maintain a 24-hour, on-site staff. The operating staff will utilize security monitoring systems, complete perimeter fencing, electronic badged gates and doors, inspections, and other procedures to secure the site. Any increase in demand for police services during Project operation is expected to be minimal. Because the Project will not result in a significant population increase, no significant increase in use of the existing fire or emergency medical services is expected. A plan illustrating internal traffic circulation allowing for emergency and other vehicle access within the Project layout is provided in Appendix 6-E.

Table 1-8 provides responses to comments received with regard to Project safety.

Project Description Page 1-124

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-8: Response to Comments Regarding Project Safety Author Summary Comment Response Number Michael In the event of a safety concern, plans 13-4 A detailed emergency response plan will be developed by CVE in Tierney, Dover must be in place to notify the District and consultation with appropriate town officials, including the Town Board, Union Free parents, and evacuate and transport Dover Union Free School District, J.H. Ketcham Hose Company, and School District students (especially with regard to a other emergency response providers.

prolonged closure of Route 22).

Michael Finally, a plan for the prolonged closure of 13-5 Tierney, Dover school, due to a plant safety issue, must Union Free also be in place. This extensive planning School District for crisis management, including communications and evacuation procedures, should not be the Districts responsibility. The District does not have the time or resources to develop these important plans that are necessary when being in close proximity to a power plant.

Evelyn Chiarito We need to be sure that our small rural fire 23-11 At the Middletown, Connecticut project, natural gas was used to purge and Joseph company is equipped to handle accidents. pipes, contributing to the explosion at that facility. In response to the Chiarito, Dover We recall the huge explosion and tragedy Middletown, Connecticut accident, the NFPA has issued its new standard Plains at the Middletown, Ct. gas fired power NFPA 56 (PS) Standard for Fire and Explosion Prevention During Residents plant. Safety is critical especially since the Cleaning and Purging of Flammable Gas Pipeline Systems. All cleaning facility is close to the Dover High School of pipes will be performed with inert gases or compressed air, which is and Wingdale Elementary School and consistent with Advanced Powers policy and the new NFPA standards.

residential communities, as well as Con Ed The plant at Middletown did not use inert gases for purging.

transmission lines and Iroquois gas A detailed Emergency Response Plan (as discussed in Section 6.2.7 of transmission line. How will Cricket Valley the FEIS) will be developed in consultation with appropriate Town officials, be prepared to handle such a situation?

including the Town Board, Dover Union Free School District, J.H.

Ketcham Hose Company, and other emergency response providers. The Project Description Page 1-125

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-8: Response to Comments Regarding Project Safety Author Summary Comment Response Number plant will be equipped with on-site fire protection systems which will be fully automated to provide alarm, detection, and suppression capability for all occupied spaces and hazard areas, with the assumption that facility personnel will have minimum involvement for fire response. CVE will work cooperatively with the J.H. Ketcham Hose Company in the planning for and response to emergency situations, should they arise. CVE representatives have coordinated, and will continue to coordinate, with J.H. Ketcham Hose Company officials to ensure adequate resources are place.

Mark Chipkin, Has Cricket Valley explained how they 25-12 In response to the Middletown accident, the NFPA has issued new Pawling would avoid a deadly situation similar to standards for purging natural gas pipes following construction. All Resident the explosion at a Middletown CT plant? cleaning of pipes will be performed with inert gases or compressed air, which is consistent with the new NFPA standards. The Middletown plant did not use inert gases to purge pipes.

Tamara Wade, I am concerned about the potential for 31-13 The 19 percent aqueous ammonia will be delivered to the site by Wingdale derailment near the facility however specialized tanker trucks approved for transport of this material. No Resident unlikely it may be and the use of 19% aqueous ammonia will be delivered to the project by rail.

aqueous ammonia. I am also concerned All equipment with the remote potential for fire or explosion will be located about the safety of passengers on Metro central to the site to allow for maximum buffer from the property lines in North in the event of a catastrophic the event of an accident. In addition, these facilities will be built with blast explosion, which CVE states would not walls to contain and direct any blast.

be severe and is unlikely due to the cautious measures they take. One must In Section 4.6.3 of the DEIS, CVE modeled the consequences of a worst-always assume technological and human case release of ammonia assuming a complete failure of the onsite error can occur, for instance Three Mile ammonia tanks and instantaneous release of 100 percent of the ammonia Island, in its time a state of the art stored onsite. See Section 4.3.4.4 - Additional Impact Analysis (Aqueous facility with highly skilled employees, an Ammonia). Even under this highly unlikely scenario, no dangerous excellent example of human error. concentrations of emissions would result off of the Property, and no impact to any offsite location, including the rail line, would occur.

Project Description Page 1-126

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-8: Response to Comments Regarding Project Safety Author Summary Comment Response Number Tamara Wade, I am deeply concerned about the possibility 31-15 The Project will be designed and built to meet or exceed the requirements Wingdale of explosion and fire, resulting in possible of federal, New York State and local building codes. All equipment with Resident implosions of windows of nearby the remote potential for fire or explosion will be located central to the site residences, train and vehicles passing by, to allow for maximum buffer from the property lines in the event of an particularly school buses. I am concerned accident. In addition, these facilities will be built with blast walls to contain about the resulting structural integrity of and direct any blast.

CVE, local residences, their water wells A detailed emergency response plan addressing these concerns will be and the Iroquois Pipeline. What will the developed with the appropriate Town officials, including the Town Board, air and water quality issues and health Dover Union Free School District, J.H. Ketcham Hose Company, and risk assessments be as a result of other emergency response providers.

explosion and fire? I imagine those emissions would be quite severe, particularly with schools and residences, aquifer and wetlands so close in proximity.

Despite Advanced Power upholding that such events are unlikely or would be very mild in nature, one must realize (again) that technological and human error DO occur even in the best of the best. At one time Three Mile Island, and Indian Point were state of the art.

Ryan Courtien, 1-17: How will ammonia be delivered to 37-50 The 19 percent aqueous ammonia will be delivered to the site by Town the site? How often? specialized tanker trucks approved for transport of this material. It is Supervisor, anticipated that there will be 15 truck deliveries per month.

Town of Dover Ryan Courtien, 1-18: The risks of using hydrogen gas for 37-51 The Project will utilize hydrogen-cooled generators to increase the Town cooling need to be explained. efficiency of the power plant. Hydrogen-cooled generators have been Supervisor, widely used and safely operated in the power generation industry for Town of Dover many years and are designed so that hydrogen cannot escape into the atmosphere and cause a hazardous environment (hydrogen, when mixed Project Description Page 1-127

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-8: Response to Comments Regarding Project Safety Author Summary Comment Response Number with air, poses a combustion risk). As a safety precaution, the generators would only use high-purity hydrogen (>99% hydrogen). In addition, the generators stators are designed for maximum safety and are strong enough to limit the effects of a combustion event to only the generator casing and enclosed parts.

The hydrogen mobile storage area and system will be designed in accordance with the most stringent NFPA 50A requirements pertaining to hydrogen storage systems, in addition to any local building codes. The storage area and system will be protected by a fence and concrete bollards and will be located so that it is accessible to delivery equipment and sufficiently distant from transmission lines, buildings, ventilation or air intakes, and property lines. Testing of the piping, tubing, and fittings after installation shall be performed and proven gastight at maximum pressure.

In addition, electric power, lighting, and controls shall be designed to prevent any potential electrical ignition sources.

The hydrogen storage facility will include emergency isolation valves, and will require annual inspection and maintenance by a qualified representative of the equipment owner.

Ryan Courtien, 1-18: More detail is needed for purging of 37-52 All cleaning of pipes will be performed with inert gases such as nitrogen or Town hydrogen gas. compressed air. No hydrogen or natural gas cleaning will occur per the Supervisor, new NFPA standards. Additional detail on cleaning procedures will be Town of Dover detailed in the Projects Emergency Response Plan, which will be submitted to the Town of Dover.

Ryan Courtien, 1-32: A comprehensive list of natural gas 37-60 All cleaning of pipes will be performed with inert gases or compressed air.

Town power plant construction and operation No natural gas will be used to clean pipe per Advanced Powers policy Supervisor, accidents involving natural gas needs to and the new NFP standards. Construction accidents related to the Town of Dover be provided describing the nature of the purging of natural gas have been studied in detail by the U.S. Chemical accident, what when wrong and why it Safety Board. As reported in their 2010 recommendations following the wont happen at CVE. Kleen Energy accident, there have been three such incidents in the past Project Description Page 1-128

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-8: Response to Comments Regarding Project Safety Author Summary Comment Response Number decade (Middletown, Connecticut; Fairfield, California; and Lorain, Ohio).

For more information see:

http://www.csb.gov/assets/document/KleenUrgentRec.pdf.

Ryan Courtien, 1-32: A detailed plan taking into account all 37-61 A detailed Emergency Response Plan will be developed in consultation Town possible ems and fire incidents, with with appropriate Town of Dover entities, including school, fire, emergency Supervisor, appropriate responses, needs to be in response and responsible town officials.

Town of Dover place for both construction and operation.

Cristina Is having the railroad so close do the plant a 40-4 The detailed design of the plant will continue to take into account the Bleakley, Dover disaster waiting to happen? proximity of the railroad. All safety requirements of state, federal, and Resident local regulations including those of the Metro-North railroad will be part of the design. There are numerous rail lines that lie adjacent to power plant projects. The Roseton and Danskammer plants in Newburgh are nearby examples.

Cristina Is [the plant] it safe? After the plant is in 40-6 The Project will be designed and built to meet or exceed the requirements Bleakley, Dover operation is not much we can do. Therefore of Federal, New York State and local building codes. All equipment with Resident we must concentrate now and we must the remote potential for fire or explosion will be located central to the site make sure we don't make a choice without to allow for maximum buffer from the property lines in the event of an making sure it is best choice for us. All accident. In addition, these facilities will be built with blast walls to contain Dover residents have the right to live in a and direct any blast.

safe environment.

A detailed emergency response plan will be developed in consultation with the appropriate Town officials, including the Town Board, Dover Union Free School District, J.H. Ketcham Hose Company, and other emergency response providers.

Alan Surman, I would like to see some consideration, for T1-2 All equipment with the remote potential for fire or explosion will be located Dutchess example, where the walls are built strong central to the site to allow for maximum buffer from the property lines in County enough on the east side so if we ever, God the event of an accident. In addition, these facilities will be built with blast Legislator forbid, have a disaster, the blast will be walls to contain and direct any blast.

directed up or at least away from Metro-North and Route 22.

Project Description Page 1-129

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-8: Response to Comments Regarding Project Safety Author Summary Comment Response Number Alan Surman, I would also like to see -- I know these T1-6 The Project will carry substantial insurance to cover the cost of any Dutchess folks do carry insurance -- but, perhaps, damage associated with a Project incident.

County some kind of a fund should be put aside, Legislator potentially, for window breakage within a few miles, if they do have a mishap there, and potential compensation for landowners immediately around the site, if they have some downturn in their property values based on this plant.

Cate Wilson, In the executive summary, it talks about T2-3 A 1-mile radius is a typical planning standard to describe a sites setting Wingdale the area of primary impact, which I think from a land use and natural features perspective. It is not intended to Resident has been designated as a one-mile zone represent a specific area of impact.

from the projected project and one-mile The area of primary impact for this Project is the 57-acre Project radius around. Our property is actually well Development Area. The regulations for notification during any within that zone, I believe.

construction-related blasting occurring on the site require a notice to everyone within a zone of a 1,000-foot radius area. The notification plan will notify all property owners abutting the Property, which will include the commenters property.

Cristina And the other question I have is T2-12 A detailed Emergency Response Plan (as discussed in Section 6.2.7 of Bleakley, Dover concerning the emergency. I know that the FEIS) will be developed in consultation with the appropriate Town Resident theywill have some kind of emergency officials, including the Town Board, Dover Union Free School District, J.H.

system in case of emergency. Are the Ketcham Hose Company, and other emergency response providers.

schools being trained on how to act in the case of emergency?

Project Description Page 1-130

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-8: Response to Comments Regarding Project Safety Author Summary Comment Response Number Alan Surman, I've told them that I was guardedly in T3-40 The commenter is correct that the Project incorporates substantial design Dutchess favor of this. I'm more worried about the measures to prevent and contain catastrophic events, including structural County explosive nature of natural gas. But even if features as well as other emergency response equipment and procedures Legislator we had a total disaster and even if this that keep the facility self contained.

plant were to blow sky-high, you put out the fire and a couple of days later the event is done we're not talking about any other serious consequences, so it's a short-term event that we can deal with.

Alan Surman, If these folks have learned by the Kleen T3-41 All purging of pipes will be performed with inert gases or compressed air.

Dutchess Energy Project in Connecticut, then they'll No natural gas purges will occur per Advanced Powers policy and the County do special procedures for purging the lines new NFPA standards.

Legislator and whatever and we'll have a better plant in that regard.

Ross Cardwell, But if there's a remote possibility of any T3-52 In response to the Middletown, Connecticut accident, the NFPA has Wingdale kind of explosion, whether or not it's issued new standards for purging natural gas pipes following construction.

Resident subterranean or whether or not it's in my All cleaning of pipes will be performed with inert gases or compressed air, kitchen sink when I turn on the faucet, is of which is consistent with the new NFPA standards.

major concern to me and my family.

A detailed Emergency Response Plan will be developed in consultation with appropriate town officials, including the Town Board, Dover Union Free School District, J.H. Ketcham Hose Company, and other emergency response providers.

Project Description Page 1-131

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.4.8 Project Benefits The Project fulfills a stated need and has a net positive impact on the environment, reducing regional emissions, cleaning up and restoring an inactive abandoned industrial site unlikely to be otherwise remediated, restoring degraded wetlands and jurisdictional adjacent area, and preserving in perpetuity 79 acres of land along the Swamp River, while creating over 1,000 worker-years of construction employment, 25 to 30 permanent high-paying professional jobs and generating millions of dollars in taxes to benefit the town, county, school district and state along with millions of dollars in secondary employment and other economic benefits. Due to the nature of the Project, it will not place any burden on the community for additional infrastructure or services. A full discussion of the economic benefits of the Project can be found in Section 6.7 of the DEIS.

These contributions are in no way considered to be a replacement for good environmental stewardship. The CVE Project has demonstrated a commitment to such stewardship, reducing its environmental impacts and giving back to the community through a wide variety of community outreach efforts (such as Advisory Working Groups, Open Houses, and newsletters). Project design refinements and potential community benefits have resulted from these discussions; these conversations continue as CVE works with the Town of Dover Board to discuss components of a formal community benefits package. In addition, CVE continues to support the advancement of Dovers youth through a scholarship, awarded annually to a graduating Dover High School Senior pursuing an advanced degree in engineering or environmental science.

Once a tax agreement has been finalized, the town officials will be free to determine how best to apply the additional funds they will receive.

Table 1-9 outlines responses to comments regarding Project benefits.

Project Description Page 1-132

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number Tonia HVA is pleased that Cricket Valley Energy, 9-1 Restoration of the Project site and conservation of the 79-acre portion of Shoumatoff and the Oblong Land Conservancy and the the Property located west of the Metro-North rail road track are significant Elaine LaBella, Friends of the Great Swamp have begun benefits associated with the Project.

Housatonic exploring ways to permanently conserve Valley the portion of the project site to the west of Association the Metro North railroad tracks.

C.L.J. Wood, We are very pleased to note that the 12-2 Oblong Land proposal will conserve some 74 acres in a Conservancy sensitive area adjacent to the Swamp River and our own Curruth Preserve, and will provide for some remediation of formerly degraded wetlands. It will also clean-up an old industrial area that is a blight upon the landscape and in so doing will set a new standard for developments in the immediate area.

Evelyn Chiarito Cricket Valley will not provide power for 23-14 As detailed in Section 1 of the DEIS and further supported in Section 1 of and Joseph this community or more inexpensive power this FEIS, the Project will be privately funded, and will generate substantial Chiarito, Dover anywhere else. It may also receive so tax revenue to the benefit of the local community. While the Project is a Plains many tax breaks that it will not bring many wholesale generator, and cannot sell electricity directly to the community, Residents economic benefitsAny community the Projects more efficient technology will help displace the operation of benefit may also be offset by the need for existing, less efficient plants, yielding substantial cost savings. These emergency and fire services, road savings were quantified in the economic dispatch analysis provided in maintenance all funded by the taxpayer as Appendix 1-A of the DEIS, which projects potential aggregate production well as increased air pollution, community cost savings of $241 million in New York State between 2015 and 2020.

health issues, decreased water availability The Project fulfills a stated need and has a net positive impact on the and/or contaminated aquifer.

environment, reducing regional emissions, cleaning up and restoring an inactive abandoned industrial site unlikely to be otherwise remediated, Project Description Page 1-133

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number restoring degraded wetlands and jurisdictional adjacent area, and preserving in perpetuity 79 acres of land along the Swamp River, while creating over 1,000 worker-years of construction employment (the hardest hit economic group in New York State), 25-30 permanent high-paying professional jobs and generating millions of dollars in taxes to benefit the town, county, school district and state along with millions of dollars in secondary employment and other economic benefits. Due to the nature of the Project, it will not place any burden on the community for additional infrastructure or services. A full discussion of the economic benefits of the Project can be found in Section 6.7 of the DEIS.

Potential Project impacts have been carefully assessed, and compliance demonstrated with applicable environmental standards.

Mark Chipkin, Cricket Valley can do so much more to 25-7 CVE has engaged in a wide variety of community outreach efforts (such Pawling give to the Dover Community: new as Advisory Working Groups, Open Houses, and newsletters) to share Resident acreage of trees and parks can be Project information and listen to concerns and priorities of the Dover purchased, trees can be planted to offset community and its neighbors.

the carbon dioxide and other greenhouse Project design refinements and potential community benefits have gases that will be pumped daily into our resulted from these discussions. For instance:

air, a plant can be built to remove toxins from existing water ways and the aquifers.

CVE has made considerable efforts to refine the proposed facility Air pollution monitoring systems, design to minimize water use, maximize water recycling and educational scholarships and the support eliminate the need for process wastewater discharge, all of which are of local land acquisition and environmental a financial commitment to good stewardship.

programs are some possible examples of appropriate give backs to our community.

CVE has been working with local land acquisition groups, including the Oblong Land Conservancy, to place the land west of the Metro-North rail line (approximately 79 acres) into permanent conservation.

CVE continues to support the advancement of Dovers youth through a scholarship, awarded annually to a graduating Dover High School Project Description Page 1-134

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number Senior.

CVE will monitor and report water usage to NYSDEC, consistent with anticipated permitting requirements, and has committed to install a stream gauging station to monitor flow downstream of the Project on the Swamp River.

The Project will displace the operation of older, less efficient power plants resulting in a net decrease in greenhouse gas emissions (see Appendix 1-A in the DEIS).

The Project will remediate an abandoned industrial site, including restoration of previously impacted wetlands on the site.

Other community benefits are also proposed that are not specifically integrated into the Projects siting and design. These will be part of a Community Benefits Package to be negotiated with the Town of Dover.

Mark Chipkin, Jobs in the community in exchange for 25-11 CVE has conducted a wide variety of community outreach efforts. Project Pawling polluted air for everyone else, is not design refinements and potential community benefits have resulted from Resident acceptable. these discussions. For example, CVE has been working with local land acquisition groups, including the Oblong Land Conservancy, to place the land west of the Metro-North rail line, approximately 79 acres, into permanent conservation.

The Project provides for jobs and other community benefits while complying with stringent air quality standards and improving regional air quality through displacement of the operation of older, less efficient and higher emitting power plants, as well as the purchase of direct emissions offsets equal to 115 percent of the Projects maximum permitted annual emissions. Further, the air dispersion modeling analysis demonstrated that the proposed Project, taking existing air quality levels and the contributions of other sources into account, will fully comply with the National Ambient Air Quality Standards or New York Ambient Air Quality Project Description Page 1-135

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number Standards which have been established by the USEPA and NYSDEC, respectively, to ensure the protection of the health of the most sensitive segments of the population.

Tamara Wade, The greatest beneficiary is Advanced 31-20 The Project will provide local and regional economic and environmental Wingdale Powers, then, whoever is the owner of benefits by adding temporary and permanent jobs and by reusing a Resident the facility there after, Dover is very last dilapidated industrial site in a productive and environmentally sensitive on that list. Will our schools stand to lose manner. The Project will also provide a long-term revenue source for the any state funds as a result of receiving Dover Union Free School District, the Town of Dover and Dutchess payoffs, or contributions from CVE? County through contributions to the tax base. The Project is currently in Some residents of Dover are under the discussions with the Town and the School District to ensure these taxing assumption that their property and jurisdictions are only positively affected.

school taxes will be lowered as a result These contributions are in no way considered to be a replacement for of CVE, is that so? And is the financial good environmental stewardship. The CVE Project has demonstrated a payoff or gain a wise trade for accepting commitment to such stewardship, reducing its environmental impacts and declined health of our environment and giving back to the community through a wide variety of community all that live within it? I would rather pay outreach efforts (such as Advisory Working Groups, Open Houses, and my taxes and not pollute the newsletters). Project design refinements and potential community environment. Some believe those of us benefits have resulted from these discussions; these conversations with concerns do not like progress, On continue as CVE works with the Town of Dover Board to discuss my list of hopes for progress in this town, components of a formal community benefits package. For example, CVE never was a power plant one of them. Is has been working with local land acquisition groups, including the Oblong revenue generation truly progress when Land Conservancy, to place the land west of the Metro-North rail line, ozone producing smog, and water approximately 79 acres, into permanent conservation. In addition, CVE contamination or depletion is the price?

continues to support the advancement of Dovers youth through a Since when has anyone ever needed to scholarship, awarded annually to a graduating Dover High School Senior receive a payoff to accept something truly pursuing an advanced degree in engineering or environmental science.

worthwhile? With the question of need on the table, and the reports that state even without Indian Point we already have sufficient power production, a bargain is no bargain if you dont need it.

Project Description Page 1-136

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number Tamara Wade, As for location I am certain it is ideal for the 31-21 The Project fulfills a stated need and has a net positive impact on the Wingdale needs of Advanced Powers Cricket Valley environment, reducing regional emissions, cleaning up and restoring an Resident Energy project. However, we need to prove inactive abandoned industrial site unlikely to be otherwise remediated, that it is a wise location with regard to restoring degraded wetlands and jurisdictional adjacent area, and being in a stagnant valley, within preserving in perpetuity 79 acres of land along the Swamp River, while proximity to Schools, residential property, creating over 1,000 worker-years of construction employment (the hardest aquifer, wetlands, and railroad. hit economic group in New York State), 25-30 permanent high-paying professional jobs and generating millions of dollars in taxes to benefit the town, county, school district and state along with millions of dollars in secondary employment and other economic benefits.

Potential Project impacts have been carefully assessed, and compliance demonstrated with applicable environmental standards.

T. Michael There is no clear basis in the DEIS for 33-1 As detailed in Section 1 of the DEIS and further supported in Section 1 of Twomey, concluding that, in the context of New this FEIS, there is a clear and stated need for the Project within the Entergy York's current generation source mix, the proposed Project timeline. The Project will be privately funded, and will Project will advance New York's electric generate substantial tax revenue to the benefit of the local community.

system, air quality and climate change As discussed in Section 1.4.3 of the FEIS, CVE has articulated a basis for goals, or be constructed and operated in an environmental, reliability and economic need for the Project, which the reasonable conformity with New York NYSPSC will consider as part of its independent determination on CVEs environmental requirements. There is application for a CPCN pursuant to Section 68 of the PSL. In addition, the likewise no basis in the DEIS for concluding Project has a net positive impact on the environment, reducing regional that the Project's disruption to community emissions, cleaning up and restoring an inactive abandoned industrial site character, whether based on height, unlikely to be otherwise remediated, restoring degraded wetlands and sound or the impacts to the Great jurisdictional Adjacent Area, and preserving in perpetuity 79 acres of land Swamp watershed, are offset by the along the Swamp River, while creating over 1,000 worker-years of prospect of socio-economic or construction employment (the hardest hit economic group in New York employment benefits to the region State), 25-30 permanent high-paying professional jobs and generating millions of dollars in taxes to benefit the town, county, school district and state along with millions of dollars in secondary employment and other Project Description Page 1-137

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number economic benefits.

Potential Project impacts have been carefully assessed, and compliance demonstrated with applicable environmental standards. As discussed in FEIS Section 4.3.1.1, the Project will represent the lowest emitting fossil-fuel-fired power plant of its kind ever constructed. Further, the Project will reduce regional emissions of all air pollutants and greenhouse gases by displacing the operation of older, less efficient and higher emitting power plants in the region. Increasing baseload electric generation capacity while reducing regional emissions is completely consistent with New Yorks air quality and climate change goals and objectives.

Sibyll Gilbert, CVE has made a commitment to 36-2 Restoration of the Project site and conservation of the portions of the Oblong Land permanently preserve the land in The property located west of the Metro-North railroad track are significant Conservancy Great Swamp, located on the western side benefits of the Project. CVE is willing to discuss the proper management of the MTA Tracks. Oblong would be and care of the land with all groups with an interest in maintaining its pleased to accept these lands, subject to current character.

the Boards approval. However, as discussed with representatives of CVE previously at various meetings, we would require accessibility to these lands, and the arrangement would need to be contingent on a professionally drafted management plan, accompanied by an endowment to fund the necessary monitoring and enforcement of any liability issues.

Ryan Courtien, ES-1: environmental benefits on a local, 37-2 Environmental benefits associated with the Project are articulated in the Town regional and state-wide basis. The term response to Comment 23-14. Many of these - particularly the clean-up of Supervisor, environmental benefits needs to be the site and preservation of land adjacent to Swamp River - will be Town of Dover further explained especially local. predominantly local benefits.

Project Description Page 1-138

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number Stephen and The DEIS makes no accommodation 38-10 Detailed impact evaluations have been conducted, considering various Cate Wilson, for unexpected adverse potential worst case scenarios, and best management plans will be Wingdale impactsThe DEC should require developed to address other potential incident management. Best Residents CVE to set aside funds sufficient for management practices and compliance monitoring will continue any reparations as a contingency throughout the operational life of the Project.

against any and all possible failures and CVE will create over 1,000 worker-years of construction employment (the damaging effects that they have not hardest hit economic group in New York State), 25-30 permanent high-foreseenthe local community will bear paying professional jobs and generating millions of dollars in taxes to the brunt of any difficulties and any benefit the town, county, school district and state along with millions of adverse Impacts that result from this dollars in secondary employment and other economic benefits.

project, despite the fact that we will gain very little from the plant in operation: a job count of only 25-30, most of which will be technical and may well be imported; a tax revenue base of only

$1MM or so, which is extraordinarily low given the $1BN facility cost and potential revenue to be generated by plant operations; it is not even clear that we will benefit from improved, lower cost electrical supply.

Stephen and ..By anyone's standard, a power plant 38-11 The Project has a net positive impact on the environment, reducing Cate Wilson, located virtually next door [to our regional emissions, cleaning up and restoring an inactive abandoned Wingdale property] will not improve its value to us industrial site unlikely to be otherwise remediated, restoring degraded Residents or to someone who might buy it. wetlands and jurisdictional Adjacent Area, and preserving in perpetuity 79 Although the DEC may consider property acres of land along the Swamp River. The Project is also proposed in a value to be outside its purview, we ask that location intended for industrial economic development that is visually well-you do carefully consider the negative buffered from the local community.

perceptions of real environment that According to a study conducted by the Public Service Commission of will result from developing a power Wisconsin, actual property value is comprised of an often complex set of plant in such a beautiful, largely rural Project Description Page 1-139

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number area. Consider requiring desirable and undesirable factors, including proximity and quality of compensation from CVE for losses in schools, the attractiveness of the house and yard, and access to work and local property value as part of an overall local amenities. The research has not been conclusive because of the contingency fund. difficulty researchers have of accounting for all the variables. The few studies done to date have not shown a clear, consistent correlation 12 between power plant location and reduced property values.

It is important to note that property values are affected by a myriad of factors which include externalities such as the quality of school systems, property taxes, and community services. CVEs PILOT will provide substantial revenues to the Town of Dover and Dover Union Free School District which can be used for improved town/school facilities, expanded community services, and/or lower taxes. A community benefits package will also be negotiated with the Town of Dover that can also contribute to local improvements. No contingency funds are proposed to be established.

Cristina Cricket Valley mentioned they will result in 25- 40-5 The Project fulfills a stated need and has a net positive impact on the Bleakley, Dover 30 permanent jobs. Is it sufficient to have this environment, reducing regional emissions, cleaning up and restoring an Resident plant and its impact in Dover just to inactive abandoned industrial site unlikely to be otherwise remediated, guarantee 25-30 jobs? Is the risk worth? restoring degraded wetlands and jurisdictional adjacent area, and preserving in perpetuity 79 acres of land along the Swamp River, while creating over 1,000 worker-years of construction employment (the hardest hit economic group in New York State), 25-30 permanent high-paying professional jobs and generating millions of dollars in taxes to benefit the 12 See: Environmental Impacts of Power Plants, Public Service Commission of Wisconsin, at pg. 12 - available at http://psc.wi.gov/thelibrary/publications/electric/electric15.pdf Project Description Page 1-140

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number town, county, school district and state along with millions of dollars in secondary employment and other economic benefits.

Constance That Cricket Valley Energy provide for and 41-7 The Project has been demonstrated to comply with National Ambient Air DuHamel, initially fund the operation of an asthma Quality Standards, established to be protective of the most sensitive Wingdale clinic for the people of the Harlem Valley. members of the population, including those with asthma. As such, the Resident Project will not contribute to an increased risk for respiratory diseases such as asthma.

Constance That Cricket Valley Energy fund a 41-8 CVE continues to support the advancement of Dovers youth through a DuHamel, scholarship program open to all qualifying scholarship, awarded annually to a graduating Dover High School Senior Wingdale graduating seniors of the Dover High pursuing an advanced degree in engineering or environmental science.

Resident School. The Project provided a scholarship in 2011 and will continue that program in 2012 and beyond. The Project will work with the school to develop and While one has been proposed for students sponsor programs that the school and town determine are appropriate for to study engineering at the college level, funds from the tax agreement or community benefits package.

this program should be open to all graduating seniors, and for any area of study, whether it be at the trade level or the college level, and for a variety of areas of study. Funds for the scholarships should be endowed up front, and be administered during the useful life of the project, estimated to be 40 years. They might be called The Useful Life Scholarships, for all our children should have useful lives, and all will be negatively impacted by the pollutants introduced to Dover, not just those higher achieving students who are directed towards engineering.

Project Description Page 1-141

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number Constance That the decommissioning of the Cricket 41-9 CVE anticipates preparing a decommissioning plan prior to DuHamel, Valley Energy facility includes removal of commencement of construction. The decommissioning plan will include a Wingdale project-specific construction. If not, Dover discussion of the potential useful life of the facility, the salvage and Resident will be faced with another eyesore to be recycling value, safety and the removal of potential hazardous conditions, retrofitted into our character and fiscal environmental impacts, site aesthetics, and potential future use of the site.

condition 40 years from now.

Chris Wood, the benefits that will accrue locally as T3-19 Environmental benefits are articulated in the response to Comment 23-14.

Pawling opposed to regionally or nationally for the Many of these - particularly the clean-up of the site and preservation of Resident, provision of this plant. land adjacent to Swamp River - will be predominantly local benefits.

Oblong Land Conservancy Tyler Davis, It seems like no matter what happens, T3-29 The Project will provide local and regional economic and environmental Dover Plains even with the best technology available, benefits by adding temporary and permanent jobs and by reusing a Resident the town of Dover will take a hit when it dilapidated industrial site in a productive and environmentally sensitive comes to water quality, air quality and manner. The Project will provide a net benefit to regional air quality, and noise, and to me, that's a problem, will not adversely affect the supply or quality of groundwater or surface because it seems like we're not gonna waters. The Project will also provide a long-term revenue source for the benefit directly by anything, that there is Dover Union Free School District, the Town of Dover and Dutchess some type of grid on a regional level, on a County through contributions to the tax base. The local community will be national level. What about us? If we're free to determine the appropriate use of funds resulting from the Projects gonna have this huge thing in our town, I tax agreement.

want something back.

Ross Cardwell, What about the recreational facility that the T3-50 The Project will provide a long-term revenue source for the Dover Union Wingdale children need or the new pool or the Free School District, the Town of Dover and Dutchess County through Resident] guaranteed fixed property tax, some contributions to the tax base. The local community will be free to greater benefit? determine the appropriate use of funds resulting from the Projects tax agreement.

Project Description Page 1-142

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 1-9: Responses to Comments Regarding Project Benefits Author Summary Comment Response Number Manna Jo So, better monitoring, host community T3-62 Restoring this industrial property is a significant benefit associated with the Green, benefit, I think it's great that there's closed- Project, in addition to providing the other benefits discussed in response to Rosendale cycle cooling, that there's been Comment No. 23-14.

Resident, transparency, that the wetlands are gonna Environmental be cleaned up, the landfill is gonna be Director for cleaned up, those are all steps in the right Hudson River direction, but I think you're in a good Sloop position to ask for a lot more, you know, Clearwater tax stabilization is really important, but also to have some of those negative environmental impacts offset right on the site, that was a really, really great idea.

Ms. Constance Capping our taxes is not good enough T3-88 The Project will not increase ambient air pollution, as discussed in detail in DuHamel for polluting our air. I want to see tax Section 4 of the DEIS and FEIS. CVE will be a significant contributor to reduction local taxes; it will be up to the local community to determine how that contribution will be used.

Project Description Page 1-143

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 1.5 Conclusions Section 1 of the FEIS explains that the Project fulfills a stated need and has a net positive impact on the environment. These positive impacts include reducing regional emissions, cleaning up and restoring an abandoned industrial site unlikely to be otherwise remediated, restoring degraded wetlands and adjacent areas, and preserving in perpetuity 79 acres of land along the Swamp River, while creating over 1,000 worker-years of construction employment (the hardest hit economic group in New York State), 25-30 permanent high-paying professional jobs and generating millions of dollars in taxes to benefit the town, county, school district and state along with millions of dollars in secondary employment and other economic benefits.

The SEQRA process is intended to carefully consider a full range of potential issues, incorporating public and agency comment into the scope of study as well as in the review process. Potential Project impacts have been carefully assessed, incorporating both regional and site-specific conditions, and compliance with applicable environmental standards has been demonstrated. Numerous working group meetings have been held to allow the community to bring local issues to CVE and to facilitate discussion of key concerns, many of which have resulted in Project refinements to help mitigate impacts to Dover and the surrounding communities. These Project refinements have continued to add tothe environmental benefits that will be derived from the Project, which will be among the lowest emitting, most water efficient facilities of its type ever constructed.

1.6 References NYISO, 2011a. NYISO Power Trends 2011, Energizing New Yorks Legacy of Leadership, New York Independent System Operator, May 23, 2011.

NYISO, 2011b. 2010 Comprehensive Reliability Plan - Final Report, New York Independent System Operator, January 11, 2011.

NYISO, 2010. 2010 Reliability Needs Assessment - Final Report, New York Independent System Operator, September 2010.

State Energy Planning Board, 2009. 2009 State Energy Plan, State Energy Planning Board, December 2009.

U.S. Chemical Safety and Hazard Investigation Board, 2010. Urgent Recommendations from Kleen Energy Investigation, U.S. Chemical Safety and Hazard Investigation Board, June 28, 2010.

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