DOCKET NO. 217 - Northeast Utilities Service Company application for a Certificate of Environmental Compatibility and Public Need for the construction of a 345-kV electric transmission line and reconstruction of an existing 115-kV electric transmission line between Connecticut Light and Power Company's Plumtree Substation in Bethel, through the Towns of Redding, Weston, and Wilton, and to Norwalk Substation in Norwalk, Connecticut.

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Connecticut

Siting

Council

July 14, 2003

Decision and Order

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 345-kV electric transmission line and reconstruction of an existing 115-kV electric transmission line as proposed in Configuration X, as modified, between Connecticut Light and Power Company's Plumtree Substation in Bethel to Norwalk Substation in Norwalk, Connecticut, 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 reasons 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 Northeast Utilities Service Company, acting as agent for the Connecticut Light and Power Company, for the construction, operation, and maintenance of a 345-kV electric transmission line and reconstruction of an existing 115-kV electric transmission line as proposed in Configuration X, as modified, between Connecticut Light and Power Company's Plumtree Substation in Bethel, through the Towns of Redding, Weston, and Wilton, and to Norwalk Substation in Norwalk, Connecticut.

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 not commence construction of Configuration X as an overhead and underground electric transmission system until it has secured Council approval of a Development and Management (D&M) Plan, consistent with the Regulations of Connecticut State Agencies Section 16-50j-60 through Section 16-50j-62 and which includes the following elements:

  1. A detailed site plan showing the placement of the access roads, structure foundations, equipment and material staging area for the overhead route,

  2. A detailed site plan showing the underground route, splice boxes, provisions for underground cable protection, and equipment and material staging area,

  3. An erosion and sediment control plan, consistent with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control as amended for both overhead and underground routes;

  4. Provisions for crossing inland and wetland and watercourses for both overhead and underground routes;

  5. A Plan for a pre-construction survey and sweep of endangered , threatened and species of special concern;

  6. A post-construction electric and magnetic field monitoring plan; and

  7. An inland wetlands restoration plan.

    2.  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.

  1. The Certificate Holder shall hire an independent environmental consultant(s), subject to Council approval, to monitor and report on the installation of the overhead and underground transmission system.

  2. The Certificate Holder shall conduct a Phase II Reconnaissance Survey prior to construction for foundation locations and underground cable route or in the alternative retain a registered archeologist, subject to Council approval, for excavation operations for the protection of these archeological resources.

  1. The Certificate Holder shall consult with the City of Norwalk's Zoning and Conservation Commissions on the detailed plans for the proposed installations at the Norwalk Substation. All recommendations of the Army Corps of Engineers and the Connecticut Department of Environmental Protection shall be submitted with the Development and Management Plan.

  1. The Certificate Holder shall obtain all Connecticut Department of Transportation permits and/or approvals for both the overhead and underground transmission lines and provide to the Council prior to construction.

  2. 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 systems.

  3. Unless otherwise approved by the Council, this Decision and Order shall be void if all construction authorized herein is not completed within four years of the effective date of the Decision and Order, or within four 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 The Hartford Courant, Norwalk Hour, Danbury News Times, Stamford Advocate/Greenwich Times, Brooks Community Newspapers, Hersam-Acorn Newspapers, Minuteman Press, and Bethel Beacon.

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:

Applicant

Northeast Utilities Service Company

Roger C. Zaklukiewicz
Vice President
Transmission Engineering and Operations
Northeast Utilities System
P.O. Box 270
Hartford, CT 06141-0270

Anthony M. Fitzgerald, Esq.
Carmody & Torrance LLP
195 Church Street, 18th Floor
P.O. Box 1950
New Haven, CT 06509-1950

Party

Town of Redding

David A. Ball, Esq.
Monte E. Frank, Esq.
Cohen and Wolf, P.C.
158 Deer Hill Avenue
Danbury, CT 06810

Party

Town of Weston

David A. Ball, Esq.
Monte E. Frank, Esq.
Cohen and Wolf, P.C.
158 Deer Hill Avenue
Danbury, CT 06810

Party

Town of Wilton

David A. Ball, Esq.
Monte E. Frank, Esq.
Cohen and Wolf, P.C.
1115 Broad Street, P.O. Box 1821
Bridgeport, CT 06601-1821

Intervenor

Pro Bethel Power Line

Geraldine F. Mills
Pro Bethel Power Line
18 Taylor Avenue
Bethel, CT 06801

Party

Town of Bethel

Lawrence J. Golden, Esq.
Pullman & Comley, LLC
90 State House Square
Hartford, CT 06103-3702

Party

Attorney General Richard Blumenthal

Michael C. Wertheimer
Assistant Attorney General
Office of the Attorney General
10 Franklin Square
New Britain, CT 06051

Intervenor

Stephen Schwank
111 Redding Road
Redding, CT 06896

Party

Communities for Responsible Energy, Inc.

Francis J. Collins, Esq.
Thomas W. Beecher, Esq.
Collins, Hannafin, Garamella, Jaber & Tuozzolo, P.C.
148 Deer Hill Avenue
Danbury, CT 06810

Party

Woodlands Coalition for Responsible Energy, Inc.

Robert A. Forrester
36 High Acre Road
Weston, CT 06883

Party

Office of Consumer Counsel

Mary J. Healey, Consumer Counsel
Bruce C. Johnson, Staff Attorney
Office of the Consumer Counsel
Ten Franklin Square
New Britain, CT 06051

Intervenor

The United Illuminating Company

Linda L. Randell, Esq.
Bruce L. McDermott, Esq.
Wiggin & Dana, LLP
One Century Tower
New Haven, CT 06508-1832

Intervenor

ISO New England Inc.

Anthony M. Macleod, Esq.
Whitman Breed Abbott & Morgan LLC
100 Field Point Road
Greenwich, CT 06830

Party

Environment Northeast

Roger E. Koontz, Esq.
15 High Street
Chester, CT 06412

Intervenor

First District Water Department

Franco Chieffalo
Acting General Supervisor
First District Water Department
12 New Canaan Avenue, P.O. Box 27
Norwalk, CT 06852

Intervenor

Dr. Richard J. Stein
61 Whortleberry Rd., P.O. Box 252
W. Redding, CT 06896

Party

William R. and Andrea R. Klancko
53 Pimpewaug Road
Wilton, CT 06897

Intervenor

Redding Land Trust

Mary Anne Guitar, President
Redding Land Trust
140 Old Redding Road
West Redding, CT 06896

Intervenor

PSEG Power Connecticut LLC
(formerly known as Wisvest-Connecticut, LLC)

Stephen J. Humes, Esq.
Robert P. Wax, Esq.
LeBoeuf, Lamb, Greene & MacRae L.L.P.
Goodwin Square
225 Asylum Street, 13th Floor
Hartford, CT 06103

Intervenor

Connecticut Business & Industry Association

Robert E. Earley
Staff Attorney
Connecticut Business & Industry Assoc.
350 Church Street
Hartford, CT 06103-1126

Intervenor

City of Norwalk

Louis S. Ciccarello
Corporation Counsel
Norwalk City Hall
P.O. Box 798
Norwalk, CT 06856-0798

Intervenor

Norwalk River Watershed Association, Inc.

Lillian B. Willis
President and Agent for Service
NRWA
248 Farmingville Road
Ridgefield, CT 06877

Party

Mark R. and Brenda C. Froehlich
46 Pimpewaug Road
Wilton, CT 06897

Party

Toby Gregory and Taber J.S. Meier
Gregory's Sawmill, LLC
#3 and #25 Pimpewaug Road
Wilton, CT 06897

Party

Konstantinos Athanasiou and
Mary Ellen Athanasiou
51 Pimpewaug Road
Wilton, CT 06897

Intervenor

Connecticut Fund for the Environment

Penny H. Anthopolos
Staff Attorney
Connecticut Fund for the Environment
205 Whitney Avenue
New Haven, CT 06511

Intervenor

Norwalk Association of Silvermine Homeowners

Norwalk Association of Silvermine Homeowners
c/o Leigh Grant
99 Comstock Hill Road
Norwalk, CT 06850

Intervenor

Silvermine Crossing Condominium Association

Angela Haggerty
Silvermine Crossing Condominium Association
123 Old Belden Hill Road
Norwalk, CT 06850

Intervenor

Town of Bethel Board of Education

Bethel Board of Education
c/o Gary N. Chesley, Ed.D.
Superintendent of Schools
1 School St., P.O. Box 253
Bethel, CT 06801-0253