Preconstruction Filings
SHEEHEY FURLONG & BEHM PROFESSIONAL CORPORATION ATTORNEYS AT LAW
JON T. ALEXANDER
GATEWAY SQUARE 30 MAIN STREET
CHARLOTTE B. ANCEL R. JEFFREY BEHM
POST OFFICE BOX 66
BURLINGTON, VERMONT 05402
DEBRA L. BOUFFARD IAN P. CARLETON
TELEPHONE (802) 864-9891
ARLINE P. DUFFY
FACSIMILE (802) 864-8815
MICHAEL G. FURLONG
www.sheeheyvt.com
BENJAMIN MARKS DIANE M. McCARTHY ERIC S. MILLER JAMES W. SPINK PETER H. ZAMORE
PAUL D. SHEEHEY (1919-2004)
VIA HAND DELIVERY June 6, 2011
Mrs. Susan Hudson, Clerk VERMONT PUBLIC SERVICE BOARD Chittenden Bank Building, 4 th Floor 112 State Street, Drawer 20 Montpelier, VT 05620-2701 Re:
Docket No. 7628 Petition of Green Mountain Power Corp. et al. re Kingdom Community Wind Project
Dear Mrs. Hudson: On behalf of Petitioners, I enclose an original and eight copies of the following documents required to be filed or approved prior to commencement of construction, including the final design for the Kingdom Community Wind Project ("Project"), and other final Projectrelated plans. I also enclose analyses demonstrating that the Project changes and other attached documents should be approved by the Board and an updated budget. A.
Preconstruction Filings.
The filed documents, and the Order conditions to which they relate, consist of the following: 1.
2.
A summary of Project changes contained in Attachment A hereto, final and marked civil designs showing changes to the crane path and turbine placement, final and marked transmission and collector line plans, laydown area and temporary substation orthophotos; final substation plans, and revised collector and transmission pole heights (Condition 2); Aesthetic, natural resource and noise analyses indicating that the Project changes do not create significant adverse aesthetic impact, natural resource or sound impacts (submitted in support of the Project changes);
Mrs. Susan Hudson. Clerk June 6, 2011 Page 2 3. 4.
5. 6.
Final Blasting Plan and map showing the half-mile limit from possible Project blasting locations (Condition 37); A revised Project budget primarily reflecting the selected turbines and indicating that although capital costs have increased, cost/kwh and first year rate impacts have decreased due to increased production (filed for informational purposes); A list of collateral permits and their status; and An index listing all of the filing materials.
GMP will be filing in the near future the following additional documents, which are required prior to commencement of construction under the Board's May 31, 2011 Order: 1. Updated archeological study addressing the new laydown areas described below; 2. Transportation plan (Condition 6); 3. Revised decommissioning plan, including plans related to site restoration, nonnative species monitoring, ridgeline restoration monitoring, initial decommissioning revegetation, and a stormwater features removal plan, a decommissioning cost estimate and a plan for the funding of decommissioning meeting the requirements of the Board's order (Condition 13); 4. Executed. redacted lease agreements with involved private landowners ensuring decommissioning can effectively occur (Condition 14); 5. Plans related to wildlife management for Parcels 1, 2, 3, and 4 (Condition 16); 6. Serpentine Outcrop Plan (Condition 18); 7. Final System Impact Study (Condition 19); 8. Any necessary revisions to Attachment A to the Department of Public Service ("DPS") MOU (Condition 21); 9. Winter operating protocol (Condition 26); 10. INDC and INDS permits (Condition 29); 11. Plan for mitigation of high elevation wetland impacts (Condition 31); 12. Section 401 Water Quality Certification and Section 404 permit (Condition 32); 13. EPSC for the entire Project (Condition 33); and 14. Noise monitoring plan (Condition 41). No Project equipment will use SF6 in any capacity, and therefore GMP will not be submitting a best-management practices plan for installation, maintenance or disposal of SF6 emissions (Condition 27). Condition 43 will be satisfied by the use of low-noise transformers that are 5 dBA below NEMA TR-1 standards. Except with respect to the fragmentation connectivity easements and remaining archeological studies (Conditions 17, 28), the deadlines for which will be addressed in a separate filing, the above documents comprise the entire list of filings which must be completed prior to the commencement of construction. Because construction must commence by August 1, 2011, in order to obtain the federal production tax credits (which expire at the end of 2012), GMP requests that the Board promptly approve the filings attached hereto, and the additional filings identified above as soon as possible after receipt, consistent with the review periods identified in the Board's Order.
Mrs. Susan Hudson, Clerk June 6. 2011 Page 3
B.
Description of Project Chances.
GMP expects to use the Vestas V112 3.0 Project turbine. which is described in Pughe rebuttal testimony at 2, subject to the conclusion of negotiations with the manufacturer. The turbine locations, crane path, and collector line have been revised to reflect the turbine choice, as well as the requirements of the Army Corps of Engineers ("ACOE") and the "micro-siting" described in Zimmerman direct testimony at 5. As a result of the final Project design. Turbine 15 will be moved from the "spur" to be more aligned with the other turbines. and Turbine 2 will be relocated to avoid a wetland impact. The turbine pads will be approximately four acres smaller in the aggregate than originally proposed and the maintenance building will be larger to accommodate spare parts and work space for the Vestas V1I2 3.0. Other Project changes consist of the following: 1. 2. 3. 4.
5.
6.
The Project substations have been revised by adding equipment inside the fence and slightly increasing height of the Lowell #5 substation. The transmission line has been relocated in minor ways in response to landowner concerns. The collector line has been relocated slightly to avoid wetlands identified in the ACOE permit process. Subject to the conclusion of negotiations with the transmission laydown are landowners, GMP intends to use two additional laydown areas on the transmission line between the Lowell # 5 substation and the Jay #17 substation, in order to make transmission work more efficient. GMP will provide adjoining landowners with the information attached hereto concerning the laydown areas. Subject to the conclusion of negotiations with temporary substation landowners, GMP intends to construct a temporary substation near the Jay #17 substation, during Jay #17 substation construction, because final design clearances will not allow safe use of a mobile substation; and There will be a single-pole temporary feed from the VELCO 46kV system across Route 105 to the permanent 46kV feed for the Project, to accommodate construction scheduling without affecting the service to local customers.
GMP will be contacting the Department of Public Service, the Agency of Natural Resources and landowners adjoining the transmission laydown areas and the temporary Jay #17 substation to discuss these Project elements and will provide abutting landowners with relevant information.
Mrs. Susan Hudson. Clerk June 6, 2011 Page 4
C.
Request for Approval.
For the reasons described in the attached documents, the final Project design, including the Project changes described herein and in Attachment A, do not create the potential for undue adverse impacts under any of the relevant Section 248(b) criteria. GMP respectfully requests that the Board approve the Project final designs and approve the attached Blasting Plan. As indicated above. GMP also requests that the Board expeditiously review and approve the additional filings, consistent with the review schedule identified in the Board's Order. Very truly yours, SHEEH Y FURLONG & BEHM P.C.
PHZ/kmm Enclosures cc: Attached Service List (w/encls.)
PSB Docket No. 7628 - SERVICE LIST Parties: Geoffrey Commons, Esq. John Beling. Esq. Vermont Department of Public Service 112 State Street Montpelier VT 05620-2601 GeolT.Commons(Wstate.vt.us John.13elinstate.vt.us Peter H. Zamore, Esq. Benjamin Marks, Esq. Charlotte B. Ancel, Esq. Sheehey Furlong & Behm, P.C. 30 Main Street - P.O. Box 66 Burlington, VT 05402 pzamorer&sheeheyvt.com bmarks(isheeheyvt.com cancelsheehevvt.com
(For Green Mountain Power Corporation)
Donald J. Rendall, Jr., Esq. Green Mountain Power Corporation 163 Acorn Lane Colchester, VT 05446 Rendallagreenmountainpower.com Victoria J. Brown, Esq. Primmer Piper Eggleston & Cramer PC 150 South Champlain Street - P.O. Box 1489 Burlington, VT 05402-1489 [email protected]
(For Vermont Electric Cooperative, Inc.)
Joslyn Wilschek, Esq. Primmer Piper Eggleston & Cramer PC 100 E State Street, P.O. Box 1309 Montpelier, VT 05601-1309 iwilschek(&,ppeclaw.com
(For Vermont Electric Cooperative, Inc.)
S. Mark Sciarrotta, Esq. Vermont Electric Power Company, Inc. 366 Pinnacle Ridge Road Rutland, VT 05701 mscian-otta(&,velco.com
(For VELCO and Vermont Transco)
Judith Dillon, Esq. Vermont Agency of Natural Resources 103 South Main Street, 3rd Floor Center Building Waterbury, Vermont 05671 [email protected] James A. Dumont, Esq. Law Office of James A. Dumont. Esq., P.C. 15 Main Street, P.O. Box 229 Bristol, VT 05443 [email protected]
(For Vermont Public Interest Research Group)
Morris L. Silver, Esq. The Kellogg FarmStage Road P.O. Box 606 Benson, VT 05731-0606 [email protected]
(For Central Vermont Public Service Corp.)
Melissa Stevens Central Vermont Public Service Corporation 77 Grove Street Rutland, VT 05701 [email protected]
(For Central Vermont Public Service Corp.)
Sandra Levine, Esq. Conservation Law Foundation 15 East State Street, Suite 4 Montpelier, VT 05602-3010 [email protected] Craftsbury Selectboard Bruce Urie, Selectboard Chairperson Jim Jones, Selectman P.O. Box 55 Craftsbury, VT 05826 [email protected] [email protected] Steve E. Wright P.O. Box 81 Craftsbury Common, VT 05827 [email protected]
(For Town of Craftsbury)
Town of Albany c/o Michael Nelson P.O. Box 240 Albany, VT 05820 Vermont8hotmail.com Richard H. Saudek, Esq. Cheney, Brock & Saudek, P.C. 159 State Street, Montpelier, VT 05602 rsaudek(dcbs-law.corn
(For Town of Lowell)
Gerald R. Tarrant, Esq. Tarrant, Gillies, Merriman & Richardson P.O. Box 1440 Montpelier, VT 05601-1440 [email protected]
(For Green Mountain Club)
Nancy Warner, President Lowell Mountains Group, Inc. Box 159 Lowell, Vermont 05847 [email protected]
(For Lowell Mountains Group)
David B. Stackpole, Esq. Stackpole & French Law Offices 255 Maple Street — P.O. Box 819 Stowe, VT 05672 [email protected]
(For Dyer-Dunn, Inc.)
Milo and Bonnie Day 606 Farm Road Lowell, VT 05847 [email protected] [email protected] Donald and Shirley Nelson P.O. Box 192 Albany, VT 05820 ds-nelson@peoplepc. corn Jack Brooks P.O. Box 305 Albany, VT 05820 [email protected]
Kevin McGrath P.O. Box 74 Lowell. VT 05847 kmcurathii:toether.net Jared M. Margolis, Esq. 243 Cilley Hill Rd Jericho, VT 05465 Jared maruo sriaiotmai I .com Donald Einhorn, Esq. Agency of Natural Resources Environmental Litigation — Center Building 103 South Main Street Waterbury. VT 05671-0301 [email protected] Glennis Drew Agency of Natural Resources 103 South Main Street, Center Building Waterbury, VT 05671-0301 Glennis.Drewstate.vt.us Julie F. Kelliher ANR Special Counsel on behalf of the Division for Historic Preservation One National Life Drive Montpelier, VT 05620-0501 [email protected] Brice Simon, Esq. P.O. Box 240 Stowe, VT 05672 [email protected] Aliena J. Gerhard, Esq. c/o Breton & Simon, LLC P.O. Box 240 Stowe, VT 05672 Aliena.gerhardyahoo.com
(For Towns of Craftsbury and Albany)
JON T. ALEXANDER
GATEWAY SQUARE 30 MAIN STREET
CHARLOTTE B. ANCEL R. JEFFREY BEHM
POST OFFICE BOX 66
BURLINGTON, VERMONT 05402
DEBRA L. BOUFFARD IAN P. CARLETON
TELEPHONE (802) 864-9891
ARLINE P. DUFFY
FACSIMILE (802) 864-8815
MICHAEL G. FURLONG
www.sheeheyvt.com
BENJAMIN MARKS DIANE M. McCARTHY ERIC S. MILLER JAMES W. SPINK PETER H. ZAMORE
PAUL D. SHEEHEY (1919-2004)
VIA HAND DELIVERY June 6, 2011
Mrs. Susan Hudson, Clerk VERMONT PUBLIC SERVICE BOARD Chittenden Bank Building, 4 th Floor 112 State Street, Drawer 20 Montpelier, VT 05620-2701 Re:
Docket No. 7628 Petition of Green Mountain Power Corp. et al. re Kingdom Community Wind Project
Dear Mrs. Hudson: On behalf of Petitioners, I enclose an original and eight copies of the following documents required to be filed or approved prior to commencement of construction, including the final design for the Kingdom Community Wind Project ("Project"), and other final Projectrelated plans. I also enclose analyses demonstrating that the Project changes and other attached documents should be approved by the Board and an updated budget. A.
Preconstruction Filings.
The filed documents, and the Order conditions to which they relate, consist of the following: 1.
2.
A summary of Project changes contained in Attachment A hereto, final and marked civil designs showing changes to the crane path and turbine placement, final and marked transmission and collector line plans, laydown area and temporary substation orthophotos; final substation plans, and revised collector and transmission pole heights (Condition 2); Aesthetic, natural resource and noise analyses indicating that the Project changes do not create significant adverse aesthetic impact, natural resource or sound impacts (submitted in support of the Project changes);
Mrs. Susan Hudson. Clerk June 6, 2011 Page 2 3. 4.
5. 6.
Final Blasting Plan and map showing the half-mile limit from possible Project blasting locations (Condition 37); A revised Project budget primarily reflecting the selected turbines and indicating that although capital costs have increased, cost/kwh and first year rate impacts have decreased due to increased production (filed for informational purposes); A list of collateral permits and their status; and An index listing all of the filing materials.
GMP will be filing in the near future the following additional documents, which are required prior to commencement of construction under the Board's May 31, 2011 Order: 1. Updated archeological study addressing the new laydown areas described below; 2. Transportation plan (Condition 6); 3. Revised decommissioning plan, including plans related to site restoration, nonnative species monitoring, ridgeline restoration monitoring, initial decommissioning revegetation, and a stormwater features removal plan, a decommissioning cost estimate and a plan for the funding of decommissioning meeting the requirements of the Board's order (Condition 13); 4. Executed. redacted lease agreements with involved private landowners ensuring decommissioning can effectively occur (Condition 14); 5. Plans related to wildlife management for Parcels 1, 2, 3, and 4 (Condition 16); 6. Serpentine Outcrop Plan (Condition 18); 7. Final System Impact Study (Condition 19); 8. Any necessary revisions to Attachment A to the Department of Public Service ("DPS") MOU (Condition 21); 9. Winter operating protocol (Condition 26); 10. INDC and INDS permits (Condition 29); 11. Plan for mitigation of high elevation wetland impacts (Condition 31); 12. Section 401 Water Quality Certification and Section 404 permit (Condition 32); 13. EPSC for the entire Project (Condition 33); and 14. Noise monitoring plan (Condition 41). No Project equipment will use SF6 in any capacity, and therefore GMP will not be submitting a best-management practices plan for installation, maintenance or disposal of SF6 emissions (Condition 27). Condition 43 will be satisfied by the use of low-noise transformers that are 5 dBA below NEMA TR-1 standards. Except with respect to the fragmentation connectivity easements and remaining archeological studies (Conditions 17, 28), the deadlines for which will be addressed in a separate filing, the above documents comprise the entire list of filings which must be completed prior to the commencement of construction. Because construction must commence by August 1, 2011, in order to obtain the federal production tax credits (which expire at the end of 2012), GMP requests that the Board promptly approve the filings attached hereto, and the additional filings identified above as soon as possible after receipt, consistent with the review periods identified in the Board's Order.
Mrs. Susan Hudson, Clerk June 6. 2011 Page 3
B.
Description of Project Chances.
GMP expects to use the Vestas V112 3.0 Project turbine. which is described in Pughe rebuttal testimony at 2, subject to the conclusion of negotiations with the manufacturer. The turbine locations, crane path, and collector line have been revised to reflect the turbine choice, as well as the requirements of the Army Corps of Engineers ("ACOE") and the "micro-siting" described in Zimmerman direct testimony at 5. As a result of the final Project design. Turbine 15 will be moved from the "spur" to be more aligned with the other turbines. and Turbine 2 will be relocated to avoid a wetland impact. The turbine pads will be approximately four acres smaller in the aggregate than originally proposed and the maintenance building will be larger to accommodate spare parts and work space for the Vestas V1I2 3.0. Other Project changes consist of the following: 1. 2. 3. 4.
5.
6.
The Project substations have been revised by adding equipment inside the fence and slightly increasing height of the Lowell #5 substation. The transmission line has been relocated in minor ways in response to landowner concerns. The collector line has been relocated slightly to avoid wetlands identified in the ACOE permit process. Subject to the conclusion of negotiations with the transmission laydown are landowners, GMP intends to use two additional laydown areas on the transmission line between the Lowell # 5 substation and the Jay #17 substation, in order to make transmission work more efficient. GMP will provide adjoining landowners with the information attached hereto concerning the laydown areas. Subject to the conclusion of negotiations with temporary substation landowners, GMP intends to construct a temporary substation near the Jay #17 substation, during Jay #17 substation construction, because final design clearances will not allow safe use of a mobile substation; and There will be a single-pole temporary feed from the VELCO 46kV system across Route 105 to the permanent 46kV feed for the Project, to accommodate construction scheduling without affecting the service to local customers.
GMP will be contacting the Department of Public Service, the Agency of Natural Resources and landowners adjoining the transmission laydown areas and the temporary Jay #17 substation to discuss these Project elements and will provide abutting landowners with relevant information.
Mrs. Susan Hudson. Clerk June 6, 2011 Page 4
C.
Request for Approval.
For the reasons described in the attached documents, the final Project design, including the Project changes described herein and in Attachment A, do not create the potential for undue adverse impacts under any of the relevant Section 248(b) criteria. GMP respectfully requests that the Board approve the Project final designs and approve the attached Blasting Plan. As indicated above. GMP also requests that the Board expeditiously review and approve the additional filings, consistent with the review schedule identified in the Board's Order. Very truly yours, SHEEH Y FURLONG & BEHM P.C.
PHZ/kmm Enclosures cc: Attached Service List (w/encls.)
PSB Docket No. 7628 - SERVICE LIST Parties: Geoffrey Commons, Esq. John Beling. Esq. Vermont Department of Public Service 112 State Street Montpelier VT 05620-2601 GeolT.Commons(Wstate.vt.us John.13elinstate.vt.us Peter H. Zamore, Esq. Benjamin Marks, Esq. Charlotte B. Ancel, Esq. Sheehey Furlong & Behm, P.C. 30 Main Street - P.O. Box 66 Burlington, VT 05402 pzamorer&sheeheyvt.com bmarks(isheeheyvt.com cancelsheehevvt.com
(For Green Mountain Power Corporation)
Donald J. Rendall, Jr., Esq. Green Mountain Power Corporation 163 Acorn Lane Colchester, VT 05446 Rendallagreenmountainpower.com Victoria J. Brown, Esq. Primmer Piper Eggleston & Cramer PC 150 South Champlain Street - P.O. Box 1489 Burlington, VT 05402-1489 [email protected]
(For Vermont Electric Cooperative, Inc.)
Joslyn Wilschek, Esq. Primmer Piper Eggleston & Cramer PC 100 E State Street, P.O. Box 1309 Montpelier, VT 05601-1309 iwilschek(&,ppeclaw.com
(For Vermont Electric Cooperative, Inc.)
S. Mark Sciarrotta, Esq. Vermont Electric Power Company, Inc. 366 Pinnacle Ridge Road Rutland, VT 05701 mscian-otta(&,velco.com
(For VELCO and Vermont Transco)
Judith Dillon, Esq. Vermont Agency of Natural Resources 103 South Main Street, 3rd Floor Center Building Waterbury, Vermont 05671 [email protected] James A. Dumont, Esq. Law Office of James A. Dumont. Esq., P.C. 15 Main Street, P.O. Box 229 Bristol, VT 05443 [email protected]
(For Vermont Public Interest Research Group)
Morris L. Silver, Esq. The Kellogg FarmStage Road P.O. Box 606 Benson, VT 05731-0606 [email protected]
(For Central Vermont Public Service Corp.)
Melissa Stevens Central Vermont Public Service Corporation 77 Grove Street Rutland, VT 05701 [email protected]
(For Central Vermont Public Service Corp.)
Sandra Levine, Esq. Conservation Law Foundation 15 East State Street, Suite 4 Montpelier, VT 05602-3010 [email protected] Craftsbury Selectboard Bruce Urie, Selectboard Chairperson Jim Jones, Selectman P.O. Box 55 Craftsbury, VT 05826 [email protected] [email protected] Steve E. Wright P.O. Box 81 Craftsbury Common, VT 05827 [email protected]
(For Town of Craftsbury)
Town of Albany c/o Michael Nelson P.O. Box 240 Albany, VT 05820 Vermont8hotmail.com Richard H. Saudek, Esq. Cheney, Brock & Saudek, P.C. 159 State Street, Montpelier, VT 05602 rsaudek(dcbs-law.corn
(For Town of Lowell)
Gerald R. Tarrant, Esq. Tarrant, Gillies, Merriman & Richardson P.O. Box 1440 Montpelier, VT 05601-1440 [email protected]
(For Green Mountain Club)
Nancy Warner, President Lowell Mountains Group, Inc. Box 159 Lowell, Vermont 05847 [email protected]
(For Lowell Mountains Group)
David B. Stackpole, Esq. Stackpole & French Law Offices 255 Maple Street — P.O. Box 819 Stowe, VT 05672 [email protected]
(For Dyer-Dunn, Inc.)
Milo and Bonnie Day 606 Farm Road Lowell, VT 05847 [email protected] [email protected] Donald and Shirley Nelson P.O. Box 192 Albany, VT 05820 ds-nelson@peoplepc. corn Jack Brooks P.O. Box 305 Albany, VT 05820 [email protected]
Kevin McGrath P.O. Box 74 Lowell. VT 05847 kmcurathii:toether.net Jared M. Margolis, Esq. 243 Cilley Hill Rd Jericho, VT 05465 Jared maruo sriaiotmai I .com Donald Einhorn, Esq. Agency of Natural Resources Environmental Litigation — Center Building 103 South Main Street Waterbury. VT 05671-0301 [email protected] Glennis Drew Agency of Natural Resources 103 South Main Street, Center Building Waterbury, VT 05671-0301 Glennis.Drewstate.vt.us Julie F. Kelliher ANR Special Counsel on behalf of the Division for Historic Preservation One National Life Drive Montpelier, VT 05620-0501 [email protected] Brice Simon, Esq. P.O. Box 240 Stowe, VT 05672 [email protected] Aliena J. Gerhard, Esq. c/o Breton & Simon, LLC P.O. Box 240 Stowe, VT 05672 Aliena.gerhardyahoo.com
(For Towns of Craftsbury and Albany)
