Decision and Order

Pursuant to the foregoing Findings of Fact and Opinion, the proposed construction of a 50 MW natural gas-fired electric generating plant at the site of the existing South Norwalk Electric and Water (SNEW) facility 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 from the Connecticut Siting Council (Council).

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

1. SNEW 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. SNEW shall submit for Council approval a Development and Management Plan with the following elements:

1. A complete set of site plans with provisions for soil erosion and sediment control consistent with the 2002 Soil Erosion and Sediment Control Guidelines, including provisions for Stormwater Management;

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

3. A finalized Construction Plan with provisions for noise and dust control during site demolition and construction, with construction hours, lighting and safety procedures identified;

4. A finalized Emergency Response Plan;

5. A Spill Prevention Control and Counter-measures plan; and

6. A schedule of construction activities.

3. SNEW shall provide the following to the Council:

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

2. Quarterly progress reports, starting with commencement of construction, and ending with the commencement of facility operations; and

3. 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 of the project; and

4. Overall condition and reliability of the facility.

4. The D&M Plan shall be provided to the City of Norwalk Zoning Commission for comment.

5. SNEW shall provide to the Council, when available, the final Connecticut Department of Environmental Protection air and dispersion modeling permits.

6. 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 published in the Hartford Courant and the Norwalk Hour.

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: