Decision and Order

Pursuant to the foregoing Findings of Fact and Opinion, the proposed construction of a 250-MW natural gas-fired electric generating facility at the site of the existing Alfred L. Pierce 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 proposed facility shall be implemented substantially as specified in the Council's record in this matter and subject to the following conditions:

1. PPL Wallingford shall provide to the Council notification of the following events not less than one week in advance of their occurrence:

a. Commencement of facility construction;

b. Commencement of facility testing;

c. Commencement of commercial operation; and

d. Permanent termination of any operation of the project.

2. PPL Wallingford shall submit for Council approval a Development and Management Plan with the following:

a. A full-size complete set of plans with provisions for soil erosion and sediment control, and stormwater management including oil/water separators;

b. A plan for operational noise monitoring including analysis of prominent discrete tones and other noises that can be attributed to the facility and expanded substation;

c. A plan to reduce water consumption at various stages of a declared water shortage;

d. A finalized Construction Plan with provision for noise and dust control, restriction of parking on East Street and nearby residential streets, construction hours, lighting, and safety procedures;

e. A finalized Emergency Response Plan;

f. A Spill Prevention Control and Countermeasures Plan; and

g. A schedule of construction activities.

3. PPL Wallingford shall provide the following to the Council:

a. Written notification within 24 hours of specific complaints regarding construction or operational activities including noise, traffic, parking, and dust between the commencement of construction and one year of operation;

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

c. 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 of operation, capacity, and availability;

2. Water usage totals;

3. Final cost for the proposed project; and

4. Overall condition and reliability of the facility.

4. PPL Wallingford shall provide to the Council, when available, the final Connecticut Department of Environmental Protection air and stormwater permits.

5. 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, the New Haven Register, and the Record-Journal.

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 petitioner of this proceeding is:

PETITIONER ITS REPRESENTATIVE

PPL Wallingford Energy LLC

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