Pursuant to the foregoing Findings of Fact and Opinion, the Connecticut Siting Council (Council) finds that the effects associated with the construction, operation, and maintenance of a high-voltage direct current (HVDC) submarine electric transmission and fiber optic cable system from New Haven, Connecticut to Brookhaven, New York, including effects on the natural environment; ecological integrity and balance; forests and parks; scenic, historic, and recreational values; air and water purity; fish and wildlife; and public health and safety are not disproportionate either alone or cumulatively with other effects compared to need, are not in conflict with the policies of the State concerning such effects, and are not sufficient reason to deny the application.  Therefore, the Council directs that a Certificate of Environmental Compatibility and Public Need, as provided by General Statutes § 16-50k, be issued to the Cross-Sound Cable Company, LLC for the construction, operation, and maintenance of a HVDC submarine electric transmission and fiber optic cable system from One Waterfront Street, New Haven, Connecticut to Brookhaven, New York.  We deny certification of the proposed alternate upland cable route.

The facility shall be constructed, operated, and maintained substantially as specified in the Council’s record in this matter, and is subject to the following conditions:

1. The Certificate Holder shall provide to the Council a copy of all decisions by the Army Corps of Engineers, and State or federal regulatory agencies concerning the proposed project prior to construction or installation.  If there are provisions in any regulatory decision that are inconsistent with the Council's record in this matter, the Certificate Holder shall notify the Council immediately.

2. The Certificate Holder shall provide the Council a copy of all agreements not already in the record between the Certificate Holder and the Department of Agriculture, the Soundkeeper, and shellfish companies in New Haven Harbor.  The Certificate holder shall also provide to the Council a copy of any agreements between the Certificate Holder and United Illuminating and Wisvest-Connecticut LLC regarding the easement for the upland cable route and directional drill staging area.

3. The Certificate Holder shall comply with all future electric and magnetic field standards promulgated by State or federal regulatory agencies.  Upon the establishment of any new standards, the facilities granted in this Decision and Order shall be brought into compliance with such standards as soon as practical.

4. The Certificate Holder shall not commence construction of this HVDC submarine electric transmission and fiber optic cable system until it has secured Council approval of a Development and Management (D&M) Plan, which includes the following elements:

a) A final site plan showing the placement of the directional drill staging area, equipment, submarine cable route, and upland cable route;
b) An erosion and sediment control plan, consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control as amended;
c) Provisions for cable protection within New Haven Harbor;
d) Provisions for crossing the existing telecommunications cables in Long Island Sound;
e) A Plan for a pre-construction and post-construction survey of the benthic community;
f) A post-construction direct current electric and magnetic field monitoring plan; and
g) A shellfish beds restoration plan.

5. The Certificate Holder shall hire an independent consultant, subject to Council approval, to monitor and report on the installation of the cable system.

6. The Certificate Holder shall indemnify and hold harmless any person that causes unintentional damage to the cable system.

7. The Certificate Holder shall cooperate with the Army Corps of Engineers regarding any schedule developed for future development of the Federal Navigation Channel.

8. The Certificate Holder shall notify the Council and provide a plan for the relocation or deepening of the cable system at its own expense, if the Army Corps of Engineers proposes to deepen the Federal Navigation Channel.

9. The Certificate Holder shall schedule and coordinate the proposed installation within New Haven Harbor with the United States Coast Guard, the City of New Haven, the New Haven Harbor Master, and the Connecticut Pilot Commission.  Installation shall be undertaken during off-peak periods to minimize conflicts with waterborne ship traffic, and consistent with the recommendations of the National Marine Fisheries Service, and permit conditions of the Army Corps of Engineers and the Connecticut Department of Environmental Protection Office of Long Island Sound Programs.

10. The Certificate Holder shall provide to the Council an Installation Notification Plan identifying all parties with interests in navigation, State and federal regulatory agencies that have jurisdiction for the proposed cable system, and the commercial fishing community that would receive the following information:

a) Notice of the cable system installation within one week prior to the commencement of construction;
b) The proposed cable system route in Loran-C, Geographic Positioning System (GPS), and Connecticut State Plane Coordinates (NAD 83) coordinates;
c) Notice of completion of cable installation; and
d) Post-construction mapping of the cable system location and depth in Loran-C, Geographic Positioning System (GPS), and Connecticut State Plane Coordinates (NAD 83) coordinates, within two months of the completion of installation of the cable system, or as approved by the Council.

11. The Certificate Holder shall provide to the Council an operating report within three months after the conclusion of the first year of operation, and annually thereafter, with information relevant to the overall condition, safety, reliability, and operation of the cable system.

12. The Certificate Holder shall not install a second cable system within the Federal Navigation Channel in New Haven Harbor without applying to the Council for a Certificate.

13. Unless otherwise approved by the Council, this Decision and Order shall be void if all construction authorized herein is not completed within three years of the effective date of the Decision and Order, or within three years after all appeals to this Decision and Order have been resolved.

We hereby direct that a copy of the Findings of Fact, Opinion, and Decision and Order be served on each person listed below, and notice of the Decision published in the New Haven Register and The Hartford Courant.

By this Decision and Order, the Council disposes of the legal rights, duties, and privileges of each party named or admitted to the proceeding in accordance with Section 16-50j-17 of the Regulations of Connecticut State Agencies.

The Parties and Intervenors in this proceeding are: