NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT
IN THE MATTER
of the Case 01-F-____ Application by TransGas Energy Systems LLC for a Certificate of Environmental Compatibility and Public Need to construct and operate a nominal 1100-megawatt natural gas-fired combined-cycle combustion turbine electric generating plant in the City of New York, Borough of Brooklyn (Kings County), New York
THE PARTIES HERETO stipulate and agree as follows:
1. The TransGas Energy Facility (Project) is discussed in an Article X Preliminary Scoping Statement submitted to the Chairman of the New York State Board on Electric Generation Siting and the Environment in September 2001 by TransGas Energy Systems LLC (Applicant). The term "Project" as used herein includes the energy facility and all improvements, including buildings, structures, fixtures and other improvements associated with the energy facility, as well as the interconnections subject to the Siting Board's jurisdiction. The term "interconnections" as used herein is understood to have the following specific meaning:
Any area to be disturbed for roadway infrastructure dedicated to the Project, any area to be disturbed for structures or conduits dedicated to conveying water to and wastewater from the Project, any area to be disturbed for structures or conduits dedicated to conveying natural gas to the Project, any area to be disturbed for structures or conduits dedicated to conveying the electrical output of the Project; or any area to be disturbed for structures or conduits dedicated to conveying the thermal output of the Project.
2. Parties hereto may limit their concurrence to one or more of the specific subject area stipulations by so indicating in a notation next to their signature. A signature without any such notation shall indicate concurrence in all of the specific subject area stipulations.
3. Those signing these stipulations agree that, as of the date hereof, the studies outlined herein constitute all the necessary studies concerning the subject matter of these stipulations that Applicant must provide to satisfy Section 164 of the Public Service Law. Except as provided herein, the signatories agree not to request the Applicant directly, or by motion to the Presiding Examiner, Chairman of the Siting Board, or the Siting Board, to provide additional studies concerning the subject matter of these stipulations in connection with the Article X proceeding.
4. Under any of the following circumstances, the Applicant agrees to consult with the signatories about performing any additional studies, evaluations or analyses:
(a) A new statute, regulation or final, non-reviewable judicial or federal administrative regulation, ruling or order is adopted subsequent to the date of these stipulations which necessitates such additional studies, evaluations, or analyses; (b) The Applicant proposes a change in the Project or other inputs to the stipulated studies, evaluations or analyses that would reasonably be expected to materially affect the results of the studies, evaluations or analyses; (c) New information is discovered during the conduct, or as a result of the stipulated studies, evaluations or analyses that materially affect the results of the studies; (d) The Chairman of the Siting Board, the Siting Board or Presiding Examiner, requires an additional study, evaluation, or analysis; or (e) The Department of Environmental Conservation determines that the Prevention of Significant Deterioration (PSD), Subpart 201-6 preconstruction permit and certificate to operate, and/or, if required, individual State Pollution Discharge Elimination System (SPDES) permit application has been submitted and found to be incomplete pursuant to Uniform Procedures Regulations (6 NYCRR Part 621).
5. After the Chairman of the Siting Board determines that the application complies with Section 164 of the Public Service Law, if the signatories, in any of the circumstances listed above, reach agreement as to the implementation of any additional studies, evaluations or analyses, such agreement shall be set forth in a new stipulation, which shall include the agreement of Applicant to extend the statutory deadline, if necessary, for completion of the certification proceeding, but only if and only to the extent necessary to provide sufficient time to permit any such studies, evaluations or analyses to be conducted and reviewed. Any of the signatories, in the circumstances listed in paragraph 4, who do not reach such agreement, shall be free to submit the matter to the presiding examiner for resolution and shall not be restricted from pleading that Applicant must provide additional studies, evaluations or analyses related thereto during the Article X proceeding regarding the subject matter of these stipulations. If the Chairman of the Siting Board, the Siting Board, or the Presiding Examiner requires an additional study, evaluation, or analysis, the statutory deadline for completion of the certification proceeding will be extended to provide sufficient time as specified in such decision to permit such study, evaluation, or analysis to be conducted and reviewed, unless (in the case of a ruling by the Presiding Examiner) Applicant seeks interlocutory review.
6. In the Article X Application, Applicant will set forth proposed terms and conditions that it believes to be appropriate for imposition in any Certificate granted by the Siting Board.
7. Nothing herein shall constitute a waiver by DEC of its authority to make a determination of completeness, pursuant to ECL Article 70 and 6 NYCRR Part 621, in connection with the Applicant's application for any federally delegated permit for the Project.
_______________ _________________________Date TransGas Energy Systems LLC
_______________ _________________________Date NYS Department of Public Service
_______________ _________________________Date NYS Department of Environmental Conservation
_______________ _________________________Date NYS Department of Health
_______________ _________________________Date [other parties]
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