Decision and Order

Pursuant to the foregoing Findings of Fact and Opinion, the proposed modifications to Bridgeport Harbor Station will not have a substantial adverse environmental effect and pursuant to General Statutes § 16-50k, will not require a Certificate of Environmental Compatibility and Public Need.

The modifications shall be implemented substantially as specified in the Council's record in this matter and subject to the following conditions:

1. The project shall operate on natural gas, except during curtailment of natural gas when such project may operate on No. 2 fuel oil as permitted by the Department of Environmental Protection (DEP).

2. The placement of a carbon monoxide oxidation catalytic system and a nitrogen oxides selective catalytic reduction system as permitted by the DEP shall be deemed consistent with the operation of the project.

3. United Illuminating (UI) shall provide to the Council notification of the following events not less than two weeks in advance of their occurrence:

a. Commencement of facility construction;

b. Commencement of facility testing;

c. Commencement of commercial operation;

d. Retirement of existing Unit 1 and Unit 2;

e. Conversion of Unit 3 to operate on natural gas; and

f. Permanent termination of any operation of the project.

4. UI shall submit for Council approval a Development and Management Plan with the following:

a. Pre- and post-operation noise monitoring to address tonal and other noises that can be attributed to the facility.

b. Mitigation measures to reduce noise emissions that may include the construction of sound proof walls and doors; silencers on exhaust fans, air intake plenums, and exhaust stacks; reactive attenuation; and changes in construction scheduling.

c. Plans to improve the appearance of the facility with architectural treatment of proposed equipment, landscaping, reduction of unnecessary lighting and marking of facility components, and use of alternative mechanisms to mark and light smoke stacks in compliance with Federal Aviation Administration regulation.

d. Traffic management for both construction and operation limited, to the extent possible, to daytime hours.

e. Protection of environmental resources during construction with plans to control fugitive dust, discharge of water during dewatering operation, erosion and sedimentation control, and construction of intake and discharge structures in compliance with permitting by DEP.

5. UI shall provide the following to the Council:

a. Quarterly progress reports, starting with the commencement of construction and ending with the commencement of facility operation; and

b. A first year operating report, to be submitted to the Council within three months after conclusion of the first year of operation, to include:

1. Number of hours when operation on natural gas was curtailed and fuel oil was burned, capacity and availability, and number of and reasons for any interruption in electric generation; and

2. Overall condition and reliability of the facility.

7. UI shall provide to the Council, when available, the final Connecticut Department of Environmental Protection air and water permits.

8. UI shall establish and/or expand, subject to Council approval, participation in a recreational partnership program that includes provisions for the following:

a. The improved operation and integration of coastal recreational resources within the City of Bridgeport; and

b. A commitment to summer recreational incentives for area children.

9. UI shall establish and/or expand, subject to Council approval, participation in a school partnership program that includes provisions for the following:

a. Field trips of the facility and site;

b. Classroom space funded and/or made available to instruct seminars on the operation and environmental management of the facility; and

c. Educational outreach to the Bridgeport Board of Education and City of Bridgeport school system for area students.

10. Unless otherwise approved by the Council, this Decision and Order shall be void if all construction authorized herein is not completed within two years of the effective date of this Decision and Order or within two 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 issuance shall be published in The Hartford Courant and The Connecticut Post.

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 to this proceeding are:

PETITIONER ITS REPRESENTATIVE

United Illuminating Company Linda Randell

George H. Richards

Wiggin & Dana

One Century Tower

New Haven, CT 06508-1832

INTERVENOR ITS REPRESENTATIVE

The Southern Connecticut Gas Company David Silverstone

Silverstone & Koontz

227 Lawrence Street

Hartford, CT 06106

INTERVENOR ITS REPRESENTATIVE

Connecticut Light and Power Company Daniel P. Venora

Senior Counsel

Northeast Utilities Service Company

P.O. Box 270

Hartford, CT 06141-0270

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