DOCKET NO. 193 - An application by New Milford Energy LLC for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance, and operation of an electric generating facility located on a 28-acre parcel of land west of the intersection of Route 7 and Rocky River Road in the Town of New Milford, Connecticut. }

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Connecticut Siting Council December 15, 1999

Decision and Order

Based on the record in this proceeding we find that the cumulative effects associated with the construction, operation, and maintenance of the electric generating facility at the proposed site, including effects on the natural environment; ecological integrity and balance; public welfare; scenic and recreational values; forests and parks; air and water; and wildlife are significant, in conflict with the policies of the State concerning such effects, and are sufficient reason to deny the proposed project. We find the proposed facility, as now designed, to be incompatible with the site. We further find that the proposed facility is not essential or necessary for the reliability of the electric power supply of the State or for a competitive market for electricity and offers limited public benefit that is outweighed by its environmental effects. Therefore, we will not issue a Certificate for the construction, operation, and maintenance of a natural gas-fired electric generating facility at the proposed site located near the intersection of Route 7 and Rocky River Road in New Milford, Connecticut.

Appeals filed by New Milford Energy, LLC to orders issued by the Town of New Milford Inland Wetland Commission and Zoning Commission are dismissed as moot.

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 Hartford Courant, Litchfield County Times, The News-Times, Waterbury Republican-American, and the New Milford Times.

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
New Milford Energy, LLC 
Its Representative
Linda Randell, Esq.
Wiggin & Dana
One Century Tower
P.O. Box 1832
New Haven, CT  06508-1832 
Alberto Abreu
Manager, Permitting and Licensing
Sempra Energy Resources
101 Ash Street
San Diego, CA  92101-3017
Party
Town of New Milford
Its Representative
Francis J. Collins, Esq.
Collins, Hannafin, Garamella, Jaber & Tuozzolo
148 Deer Hill Avenue, P.O. Box 440
Danbury, CT  06813-0440 
Party
Power Alert and Grassroots
Coalition, Inc. 
Its Representative
Richard G. Adams, Esq.
Richard G. Adams & Associates
163 College Street
Middletown, CT  06457 
Party
Washington Environmental Council,
Inc., Lake Waramaug Task Force, Inc.,
and Lake Waramaug Association., Inc.
Its Representative
Kenneth R. Slater, Jr., Esq.
Eisenberg, Anderson, Michalik & Lynch, LLP
136 West Main Street, P.O. Box 2950
New Britain, CT  06050-2950 
Party
Carl M. Dunham, Jr.
Its Representative
Michael S. McKenna, Esq.
Sienkiewicz & McKenna, P.C.
9 South Main Street, P.O. Box 786
New Milford, CT  06776 
Intervenor
Yankee Gas Services Company
Its Representative
Kurt P. Plourde
Yankee Gas Services Company
599 Research Parkway
Meriden, CT  06450
Intervenor
Connecticut Light and Power Company
Its Representative
Roger C. Zaklukiewicz   
Vice President - Transmission and Distribution
Northeast Utilities Service Company
P.O. Box 270
Hartford, CT  06141-0270
Daniel P. Venora
Senior Counsel
Northeast Utilities Service Company
P.O. Box 270
Hartford, CT  06141-0270
Party
Town of New Milford Zoning
Commission
Its Representative
Thomas P. Byrne
Byrne & Byrne
2-B Farmington Commons
790 Farmington Avenue
Farmington, CT  06032
Party
Town of New Milford Inland
Wetlands Commission
Its Representative
Francis J. Collins, Esq.
Collins, Hannafin, Garamella, Jaber & Tuozzolo
148 Deer Hill Avenue, P.O. Box 440
Danbury, CT  06813-0440
Party
Foodzis, LLC
Its Representative
Thomas B. Mitchell, Esq.
Pepe & Hazard LLP
Goodwin Square
225 Asylum Street
Hartford, CT  06103