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PETITION NO. 540 - Iroquois Gas Transmission System, L.P. petition for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the proposed modification of an existing Iroquois Pipeline by the Addition of a Natural Gas Compressor Station, located off High Meadow Road, Brookfield, CT.

PETITION NO. 555 - Iroquois Gas Transmission System, L.P. petition for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the proposed modifications of an existing Iroquois Pipeline by Additions to a Natural Gas Compressor Station, located off High Meadow Road, Brookfield, Connecticut.

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Connecticut

Siting

Council

September 25, 2002

Decision and Order

The Connecticut Siting Council (Council) does not have jurisdiction to rule whether or not there is a need for the proposed projects (Petitions 540 & 555). The projects are under the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC). The FERC encourages the applicants to cooperate with agencies, such as the Council, regarding the siting of pipeline facilities, environmental mitigation, and construction procedures. The FERC alone will decide whether there is a need for the proposed projects, and whether this project or another one can best provide that service.

Pursuant to the foregoing Findings of Fact and Opinion, the Council believes that the following conditions, Development and Management (D&M) Plan, construction techniques, installation schedule, inspection program, and submittal of permits can mitigate the effects associated with the construction, operation, and maintenance of the proposed project, including effects on the natural environment; ecological integrity and balance; public health and safety; scenic, historic, and recreational values; forests and parks; air and water purity; and fish and wildlife. Therefore, the Council will issue a declaratory ruling that no Certificate of Environmental Compatibility and Public Need (Certificate) is required for the proposed modification of an existing Iroquois pipeline by the addition of a natural gas compressor station, located off High Meadow Road, Brookfield, Connecticut (Petition 540); and a declaratory ruling that no Certificate is required the proposed modifications of an existing Iroquois pipeline by additions to a natural gas compressor station, located off High Meadow Road, Brookfield, Connecticut (Petition 555).

If approved by the FERC, the proposed facilities shall be constructed, operated, and maintained substantially as specified in the Council’s record in this matter, except as otherwise ordered by the Council, subject to the following conditions:

Conditions

  1. The petitioner shall provide a copy of all final decisions by the FERC, and other federal or State 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 Petitioner shall notify the Council immediately.

  2. The petitioner shall provide a schedule for the proposed construction activities to the Council, and the Town of Brookfield. The Petitioner shall specify the proposed work hours for the construction of the natural gas compressor station, and the additions to the compressor station subject to Council approval.

  3. The petitioner shall only acquire water for hydrostatic testing from waterbodies with an adequate volume of water such that its withdrawal would not cause the flow in the waterbodies to go below its aquatic base flow as determined by the Department of Environmental Protection (DEP). All withdrawal points shall be channeled and screened to reduce impingement and entrainment of juvenile and larval fish. All discharge points shall be protected to minimize erosion and scour. All details on withdrawal points, discharge points, energy diffusion, and screening shall be subject to Council approval as part of a D&M Plan.

  4. The petitioner shall comply with the DEP General Permit for hydrostatic testing.

  5. The petitioner shall establish a toll-free telephone number and complaint resolution process for the public.

  6. The petitioner shall notify the Council and the Town of Brookfield in the event of an application to the FERC to increase the maximum operating pressure of the pipeline above 1,440 pounds per square inch gauge.

  1. The petitioner shall develop a post-construction noise survey for the natural gas compressor station (Petition 540) and additions (Petition 555), as well as any further modifications to the compressor station, and provide the results to the Council, and the FERC.

  2. The petitioner shall not allow maintenance venting, where noise levels are above the Town of Brookfield noise standard, between the hours of 10:00 p.m. and 7:00 a.m., except in emergency situations.

  3. The petitioner shall take reasonable steps to notify the nearest neighbor of scheduled venting events.

  4. The petitioner shall restore High Meadow Road to pre-construction conditions, following completion of construction of the site.

  1. The petitioner shall not subdivide the proposed site, or develop the site for energy, industrial or commercial use without the Council’s review and approval.

Development and Management Plan

  1. Prior to the commencement of construction, the petitioner shall submit D&M Plans to the Council for its approval. The Council shall have 45 days to approve, deny, or approve with conditions any plan submitted as part of the overall D&M Plan. The petitioner shall provide copies of such plans to the Town of Brookfield at least 20 days prior to the submittal of such plan to the Council for its approval. At the time the petitioner submits such plan or plans to the Council for its approval, the Town of Brookfield or its representative may provide in writing its comments and recommendations regarding such plan to the Council. All submittals to the Council shall consist of an original and 20 copies. All appropriate plans and maps are to be provided on maps at a scale of at least 1 inch equals 200 feet, unless site specific plans, at a scale of one inch equals 50 feet, are specifically authorized by the Council. The petitioner may consult with Council staff in the preparation of the D&M Plans.

    Any changes to the construction methods, or petition requirements shall be subject to Council approval. Emergency changes to the approved D&M Plan that would adversely affect scheduling or impact on hydrologic, geologic, biologic, archaeological, cultural, or other environmental concerns through delays, can be approved verbally by the Council Chairperson.

  2. The petitioner shall provide a Spill Prevention, Control, and Countermeasures Plan (SPCC), which includes provisions for storing hazardous materials, chemicals, fuels, and lubricating oils; refueling; inspection and reporting; and prevention and response procedures with the submission of each required D&M Plan.

  3. The petitioner shall not commence construction of the proposed project until it has secured Council approval of a D&M Plan, which includes the following elements:

    1. A final site plan showing the location of the compressor station equipment, access road, drainage structures, utilities and limits of clearing;

    2. An erosion and sediment control plan, consistent with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control;

    3. Provisions for minimizing the compressor station fenced area to reduce the clearing of vegetation;

    4. Provisions for landscaping, lighting, and architecture of the buildings;

    5. Provisions for water disposal, including the off-site disposal of the water used for the turbine blade cleaning;

    6. Provisions to remediate soil contamination at the site to the residential direct exposure and GA pollutant mobility standards under Connecticut Remediation Standard Regulation prior to commencement of construction;

    7. Provisions for conducting ongoing remdiation of groundwater contamination to be in compliance with GA areas under Connecticut Remediation Standard Regulation Criteria with reports certified by a Connecticut Licensed Environmental Professional on a quarterly basis to the Council, Department of Environmental Protection, Town of Brookfield; and the FERC;

    8. Provisions for sampling of on-site solid waste for asbestos, and the removal of asbestos containing material in accordance with applicable State and Federal requirements;

    9. Provisions for access by emergency vehicles and personnel, and a turnaround area on the site for emergency vehicles; and

    10. Provisions to prevent the release of raw methane emissions into the atmosphere.

    1. The petitioner shall comply with the FERC's Upland Erosion Control, Revegetation, and Maintenance Plan and the FERC's Wetland and Waterbody Construction and Mitigation Procedures (Plan and Procedures).

    Inspection and Monitoring

    1. The petitioner shall submit to the Council a minimum of three qualified companies to act as an independent inspector(s). The petitioner shall hire the independent inspector(s) selected by the Council to verify consistency with the Council's Decision and Order, document compliance with environmental requirements, prepare status reports, and act as a liaison between the Council, and the petitioner’s environmental inspector and contractors. The independent inspector shall provide weekly progress reports in writing to the Council and to the Chief Elected Official, or their representative for each municipality affected by the project describing all significant construction activities and all associated environmental effects.

    2. The independent inspector should not currently be under contract or on call to Iroquois, and should have formal training and experience in civil and environmental engineering, and soil sedimentation and erosion controls as detailed in the 2002 Connecticut Guidelines for Soil Erosion and Sedimentation Control. The independent inspector should have sufficient oversight and authority to stop construction practices that are inconsistent with the Council's Decision and Order, the FERC's Certificate requirements, and the approved Erosion and Sedimentation Control Plan, or that may cause significant damage or disruption to the environment.

      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, and the News-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:

      Petitioner

      Iroquois Gas Transmission System, L.P.

      Its Representative

      Jeffrey A. Bruner, Esq.
      Paul W. Diehl, Esq.
      Iroquois Pipeline Operating Company

      Philip M. Small, Esq.
      Brown Rudnick Berlack Israels LLP

      Party

      Town of Brookfield

      Edward P. McCreery III, Esq., Town Attorney
      Pullman & Comley, LLC

      Intervenor

      Steven R. Smart

      Party

      Town of Newtown

      Monte E. Frank, Esq.
      Cohen and Wolf, P.C.