1.0      SUMMARY AND INTRODUCTION 

1.1      Proposed Project

TransGas Energy Systems LLC (TGE) is proposing to construct and operate the TransGas Energy Facility (the Project), a 1,100-megawatt (MW) combined-cycle power generation facility on the East River between the Greenpoint and Williamsburg’s North Side sections of Brooklyn.  The proposed Project will be fueled primarily by natural gas.  The Project will be designed to provide baseload electricity to one or more New York City load pockets and also includes the heat recovery and delivery infrastructure for potential steam sales to the steam system of the Consolidated Edison Company of New York, Inc. (Con Edison). Connection is located nearby for the Project’s water supply.  TGE will also investigate the reuse of non-potable water.

 The Project will consist of four 501F Siemens Westinghouse combustion turbines, Heat Recovery Steam Generators (HRSGs), two steam turbines, water treatment infrastructure, an electrical switchyard, and a steam cycle cooling system.  The Project’s steam cycle will be air-cooled.  When natural gas supplies are curtailed during cold, winter weather, the Project proposes to use the lowest available sulfur content backup oil (at most 0.05%) and will investigate opportunities to obtain a lower sulfur fuel, in order to burn the cleanest available fuel on any given day.  

The proposed site for the Project is shown in Figure 1-1, Site Location Map.  The Project site is zoned for heavy industrial use (M3), the only zoning district category in New York City that permits electric generating.  The site is heavily contaminated, and will be remediated as part of Project construction.  The Project site is not identified as a waterfront access parcel in either the New York City or Brooklyn waterfront plans.  The Project is sited to avoid parcels on which community waterfront access is planned.  The site consists of approximately 9 acres.  The Project site is near both natural gas distribution mains and underground high-voltage electric transmission lines.  A connection to KeySpan's local natural gas distribution system is located one block to the east, and several high voltage underground transmission lines are also located nearby to the east.  As an alternative to the use of municipal water for water supply, TGE will study treating wastewater effluent from the Newtown Creek Water Pollution Control Plant (WPCP), which currently discharged to the East River, or non-potable groundwater from decommissioned wells in Brooklyn and Queens, which could potentially supply steam as well as plant industrial uses.  Municipal water is also available on-site.  Wastewater flows are proposed to be discharged into the site’s existing sewer connection or by a separate line to the Newtown Creek WPCP.  

Figure 1-1:     Site Location Map

 The Project is designed as a baseload electric generating facility.  Infrastructure for steam production and delivery is proposed as part of the Project in order to take advantage of potential future opportunities to sell steam to Con Edison.  The proposed infrastructure for steam includes a steam line terminating adjacent to the Con Edison East River Generating Station (at East 14th Street in Manhattan).

 The Project is being developed to bring a new, efficient electric generating resource to New York City at a time when adding such a resource is in the public interest.  TGE is investigating electrical interconnection to load pockets in Brooklyn, as well as Queens and Manhattan – interconnections that would enhance the safety and reliability of the electric system.  The Project will sell low cost wholesale power and will diversify the number of suppliers for the New York City market, thereby promoting price competition.  The Project is expected to lower the costs of electricity and steam to New York City ratepayers.  The Project will produce significant revenue for the City and contribute to the City’s economic development.  Finally, through the use of the latest environmental control technology, the Project will minimize environmental impacts within the City.

 1.2      The Licensing Process

 Permitting for the Project will be under Article X of the New York State Public Service Law (PSL), as last amended in December 1999.  An applicant intending to build an electric generating facility in New York State must first obtain a certificate of environmental compatibility and public need (Certificate) under Article X.  Article X regulates the construction and operation of electric generating facilities of 80 MW or more.  Appendix A is a summary of the Article X process published by the Department of Public Service.

 The application for a Certificate under Article X (the Article X Application) is filed with the New York State Board on Electric Generation Siting and the Environment (the Siting Board), which is comprised of five members who are the heads of their respective state agencies, or their designees: the New York State Department of Public Service (DPS), New York State Department of Environmental Conservation (NYSDEC), New York State Department of Health (NYSDOH), the Department of Economic Development (Empire State Development), and the New York State Energy Research and Development Authority (NYSERDA).  For this Project, two additional members from Brooklyn will be appointed by the Governor.  The proceeding is governed by the Article X statute (Sections 160 through 172 of the Public Service Law) and the Siting Board regulations (16 NYCRR 1000 through 1004).  TGE expects to enter into a series of Stipulations regarding the scope of the studies to be performed in the forthcoming Article X Application with several state agencies, the City of New York, and potentially with other interested parties.  The proposed Stipulations are found in Appendix B. 

In conjunction with the Article X process, TGE will apply to the NYSDEC for certain air permits.  TGE expects that NYSDEC will administer the air permit process in coordination with the Article X process as has been done in other proceedings.  

In addition, the Article X Application will identify all of the required federal permits for the Project, including the dates of application filing (actual or expected). 

1.3      Purpose of this Statement

 This Preliminary Scoping Statement is required in the Article X process.  It is the first step in a very comprehensive environmental review process.  It is intended to introduce the Project to the affected state and city agencies, elected officials and members of the public.  Discussions with affected regulatory officials from state and city agencies and the public will help to define the scope of studies required to be undertaken to support TGE’s forthcoming Article X Application.  The proposed scope is described in this report in layman’s terms, and also formulated in a series of more technical “stipulations” (see Appendix B).  The public is invited to comment on both this Preliminary Scoping Statement and the proposed Stipulations. 

This Preliminary Scoping Statement presents the Project as currently conceived, including a preliminary analysis of the environmental constraints and permitting issues applicable to the Project.  TGE’s intent in developing and issuing this document is to present, based upon available information, an initial analysis of the Project’s potential benefits, impacts, and likely mitigation measures, consistent with the requirements of the Article X process.  This process, as defined by state statute and the Siting Board regulations, requires that the Preliminary Scoping Statement include:

 ·         A description of the proposed facility.  PSL 163.1(a), 16 NYCRR 1000.4(c)2(i).  This description of the facility, as currently proposed, is found in Section 2 of this PSS.

 ·         A report on the “environmental setting” of the Project, providing as much information as is available, generally in the form (though less detail) than will appear in the application PSL 163.1(a), 16 NYCRR 1000.4(c)1.  In this document, TGE presents existing information relative to the environmental setting by discipline.  These disciplines consist of the chapter headings for Sections 5 through 15. 

·         Any significant issues raised to date either by the public or involved agencies during informal or formal consultation, as well as TGE’s initial responses.  16 NYCRR 1000.4(c)2(VI).  A description of the meetings held to date and the reports issued to date by civic groups is included in Section 4 and Appendix D.  TGE’s responses are included in the context of the discussions in Sections 5 through 15. 

·         An analysis of “reasonable alternatives” that are required to be considered.  16 NYCRR 1000.4(c)2(v).  TGE identifies and discusses in Section 3 the various Project alternatives that have been or will be evaluated.  These alternatives include different cooling technologies, steam sendout capability, and fuel strategy. 

·         A brief discussion of potential environmental impacts.  PSL 163.1(b), 16 NYCRR 1000.4(c)2(ii).  TGE discusses potential impacts, both positive and negative, in Sections 5 through 15, respectively. 

·         A brief discussion of the proposed study program -- the extent and type of information required and the methodology of study.  PSL163.1(c), 16 NYCRR 1000.4(c)2(iii).  The proposed study program for each potential impact is outlined in Sections 5 through 15, respectively and is detailed in the proposed Stipulations (Appendix B).

 ·         A brief discussion of measures proposed to minimize environmental impacts and “an initial identification of mitigation measures.”  PSL163.1(d), 16 NYCRR 1000.4(c)2(ii).  Potential environmental impacts and mitigation proposals are discussed in Sections 5 through 15, respectively. 

1.4      Development Team 

1.4.1   TransGas Energy Systems 

The Project will be developed by TransGas Energy Systems, LLC (TGE) whose principal is Adam Victor, developer of one of the largest cogenerators of steam in New York State, Project Orange Associates, LP (POA).  Located in Syracuse, NY, the electric capacity of the plant is 79 MW and has a total combined output of steam of approximately 1,000,000 (one million) pounds per hour utilizing the Project’s heat recovery steam generators and the facility’s steam boiler plant, which are all under POA’S operational responsibility.  For almost a decade, POA has provided a highly reliable source of steam that is distributed to several hospitals and universities.  Mr. Victor has spent over 20 years in the power industry and successfully brought the Syracuse project from the development phase through construction to commercial operation.  Under Mr. Victor’s direction, POA has consistently met its steam customers requirements and load demands.  Mr. Victor has selected several members of the original Syracuse project team for development of the TGE Project.  Douglas Korbett brings 25 years of natural gas regulatory experience, having been a FERC attorney and head of business development for Tennessee Gas Pipeline.  Len Shapiro of Energy Resources Group, who has over 30 years of experience in the development and construction of gas turbine power projects, is Project Manager.  James Ryan of the firm Coppola Ryan McHugh has provided government and public affairs services for over 30 years.  Tracy Jones brings over 20 years of engineering and power plant operations experience.  TGE, working together with the following lead engineering, legal and environmental firms (including select equipment suppliers), has created a highly professional and experienced team that will manage the development, construction, and operation of the Project.  TGE’s corporate offices are located in Syracuse, NY, and TGE has also established an onsite field office at the proposed power plant site. 

1.4.2   Engineering Consulting Group (ECG) 

ECG is a consulting group whose main focus is advising and supporting customers active in the energy field.  ECG was founded by former senior executives of ABB Power Generation.  Combined, they have over 30 years of top management experience in the field of power generation construction, equipment supply and related services.  In particular, ECG chairman Rolf Kehlhofer, former president of ABB Power Generation worldwide is a recognized name in the field of combined cycle power plants.  ECG partners have managed over US$15 billion of project financing, executed over 80,000 MW of projects, and had the responsibility for the operation and maintenance of over 15,000 MW of combined cycle power plants.  

1.4.3   ABB Transmission & Distribution

 ABB Inc. is a global leader in providing solutions to the energy delivery business, having completed projects from $50K to $1,000M throughout the world.  ABB Consulting, one of its divisions in the US, is the system analysis and consulting center for ABB worldwide and is located on the Centennial Campus of North Carolina State University in Raleigh, NC, with a branch office in Albany, NY.  ABB Consulting personnel have expertise in all areas of electric power generation, transmission and distribution.  For the Project, ABB will work on the electric system studies to support the Article X application.  ABB also specializes in switchyard/ substation design and turnkey projects. 

1.4.4   Siemens-Westinghouse

The Power Generation Group of Siemens AG is one of the premier companies in the international power generation sector.  In its last fiscal year, Siemens-Westinghouse posted sales amounting to more than $7 billion and received new orders totaling in excess of $6 billion.  Siemens-Westinghouse is headquartered in Erlangen, Germany.  Customers outside Germany account for 85% of its business, and the company has a workforce of around 26,900 worldwide.  Numerous existing and proposed combined cycle plants in the United States are driven by various Siemens-Westinghouse model turbines. 

1.4.5   TRC Environmental Corporation 

TRC is a national environmental consulting firm, with a network of over 40 offices in the United States.  It is an industry leader in the siting and licensing of power generation and other energy projects.  TRC’s capabilities include all of the environmental disciplines necessary for the environmentally sound licensing of the Project.  These include air quality engineering, noise impact assessment, water quality, geology, terrestrial and aquatic ecology, transportation engineering and planning, land use analysis, visual and cultural resource assessments, and socioeconomics.  TRC has participated in the successful permitting of numerous power plants nationwide, with several ongoing projects in New York City.

1.4.6   Read & Laniado 

Read and Laniado, LLP is located in Albany, New York.  It advises clients on a range of energy, environmental and telecommunication issues, including power plant and transmission line siting matters.  It will serve as regulatory counsel to TGE for the permitting of the Project.

 1.4.7   O’Brien & Gere 

O'Brien & Gere Engineers, Inc. is a nationally-recognized consulting firm providing various engineering services, especially water resources and wastewater management.  For 20 years, O'Brien & Gere has been providing a broad range of civil and environmental services to various New York City agencies including the New York City Department of Environmental Protection.  Some of its premier programs have included advanced wastewater treatment plant designs.  For the Project, O'Brien & Gere is evaluating water use and conservation, as well as options for wastewater generation, minimization, and treatment.

 1.4.8   Connelly & McLaughlin 

Connelly & McLaughlin is a full-service media consulting and government relations firm specializing in the strategic management of issues and images in the public arena.  Connelly and McLaughlin has been retained to handle public, government and community relations for the Project.  The firm will help describe and explain the Project to the local community, local government officials and local media as well as answer questions in regard to the Project. 

 1.4.9   Power Industry Consultants (PIC) 

Founded in 1988, PIC is now a leading provider of engineering, commissioning and operations personnel in the energy industry. Its reach has expanded globally and PIC now has offices in the United States, Asia, and Europe.  PIC has provided services to over 1,800 projects worldwide, in more than 50 countries.  PIC personnel provide technical oversight for POA’s Syracuse operations.  PIC personnel are presently managing startup activities on more than 50 turbines worldwide.

 1.4.10 Scolaro, Shulman, Cohen, Lawler & Burstein, P.C.

 Scolaro, Shulman, Cohen, Lawler & Burstein, P.C. (SSCLB) offices are maintained in downtown Syracuse, New York.  Its attorneys provide services to clients throughout the nation. SSCLB represents POA in connection with its cogeneration plant located in Syracuse, New York, and will act as a general corporate counsel to TGE in connection with the Project.

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