Petition No 980 BNEProspect

PETITION NO. 980 - BNE Energy, Inc. petition for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the construction, maintenance, and operation of a 3.2 MW Wind Renewable Generating facility located at 178 New Haven Road, Prospect, Connecticut. Decision.

Service List 05/26/11

DECISION PACKAGE

Petition Filing 11/17/10
Volume I
Volume 2
Volume 3 - Part I
Volume 3 - Part II
Volume 3 - Part III
Updated Schedule 04/07/11

Hearing Package 01/21/11

Pre-Hearing Conference Memo 01/25/11 Reschedule Memo 02/01/11

Pre-Hearing Conference Results 02/04/11

Field Review and Directions

Evidentiary Hearing Memorandum 02/22/11

Continued Hearing Dates

Transcript for 2/23/11 Received Memo

Transcript for 2/24/11 Received Memo

Transcript for 3/3/11 Received Memo

Transcript for 3/15/11 Received Memo

Correspondence

Attorney Tinley Letter to CSC 03/22/11

Chairman Caruso Response 03/24/11

CT Water Co. comment on Tinley Letter, 04/20/11

Limited Appearance Statements

U.S. Representative Rosa L. DeLauro, 3rd District

Attorney General Richard Blumenthal 01/04/11

Honorable Vickie Nardello, Honorable Joan Hartley, Honorable Kevin Witkos &
Honorable John Rigby, 01/11/11

CSC Response Letters

State Agency Comment

Department of Public Health, 01/05/11

Department of Transportation 01/20/11

Department of Environmental Protection 03/14/11

BNE Responses to DEP Comments 03/28/11

SPC's Reply to DEP Comments of 03/14/11, dated 03/31/11

CSC Request for Additional State Agency Comments 03/22/11

DEP Comments on Subpeona of FairwindCT, 03/29/11

CSC Request for Additional State Agency Comments 04/01/11

Town Comments

Town of Bethany First Selectman Derrylyn Gorski, 02/24/11

Party and Intervenor Requests

Town of Prospect Request for Party Status 12/01/10

CSC Acknowledgement of Request 12/14/10

CSC Approval of Town of Prospect Party Status, 01/13/11

Save Prospect Corp (SPC) Request for Party Status 12/29/10

CSC Acknowledgement of Request 12/30/10

CSC Approval of Save Prospect Party Status, 01/13/11

SPC Notice of CEPA Intervention as a Party 02/11/11

Lamontagne and Satkunas Request for Status 01/04/11

CSC Acknowledgement of Lamontagne and Satkunas Request, 01/05/11

BNE Objection to Lamontagne and Satkunas Party Request 01/19/11

The Connecticut Light and Power Co. Request, 01/10/11

CSC Approval of Lamontagne, Satkunas, and CL&P 01/21/11

FairwindCT Request for Party Status 01/25/11

CSC Acknowledgement of Party Status Request 01/26/11

BNE Objections to Fairwind CT Request for Status 02/01/2011

CSC Approval of FairwindCT Request for Party Status 02/10/11

FairwindCT Notice of CEPA Intervention as a Party 02/07/11

Connecticut Water Company Request for Party Status, 02/16/11

CSC Acknowledgement of Party Status Request 02/22/11

Bibler Request for Intervenor Status, 02/16/11

CSC Acknowledgement of Intervenor Status Request 02/22/11

CSC Approval of Status for CT Water and Bibler

Interrogatories

Council Interrogatories to BNE, Set One 01/19/11

BNE Responses to Council Interrogatories 02/03/11

BNE Response to Council Interrogatory 24 (Shadow Flicker Analysis), 02/07/11

Supplement to CSC Interrogatories, 2/3/11

Council Interrogatories to BNE, Set Two 01/28/11

BNE Responses to CSC Interrogatories, Set 2, 2/16/11

Council Interrogatories to BNE, Set Three, 02/09/11

BNE Responses to CSC Interrogatories, Set 3, 2/16/11

Council Interrogatories to BNE, Set Four, 03/01/11

BNE Responses to CSC Interrogatories, Set 4, 03/08/11

BNE Response #50 (photosim) BNE Response #53 (Revised Viewshed Fig. 3)

Amended Responses to CSC Interrogatories, Set 4, 03/28/11

BNE Interrogatories to Save Prospect Corp.(SPC), 01/13/11

SPC Responses to BNE 01/31/11

SPC Objection to BNE Interrogatory 4, 02/16/11

SPC Supplemental Response to Interrogatory 4, 02/23/11

BNE Interrogatories to SPC, Set 2, 02/09/11

Save Prospect Interrogatories to BNE, Set One, 01/21/11

BNE Responses to SPC Interrogatories, Set 1, 02/16/11

Save Prospect Interrogatories to BNE, Set Two, 02/09/11

BNE Responses to SPC Interrogatories, Set 2, 02/16/11

Amended Interrogatory Response to SPC, Set Two, Question 59, 03/02/11

FairwindCT Inc.'s Interrogatories to BNE Energy, Inc. 02/09/11

BNE Responses to FairwindCT Inc. Interrogatories, Set 1

FairwindCT Inc.'s Interrogatories to BNE Energy, Inc., Set 2, 02/23/11

BNE's Responses to FairwindCT Inc. Interrogatories, Set 2, 3/8/11

FairwindCT Inc.'s Interrogatories to BNE Energy, Inc., Set 3, 02/28/11

BNE's Responses to FairwindCT Inc. Interrogatories, Set 3, 3/8/11

CT Water Interrogatories to BNE

BNE's Responses to CT Water Company Interrogatories, Set 1, 03/08/11

FairwindCT Inc.'s Interrogatories to BNE Energy, Inc., Set 4, 03/08/11

FairwindCT Inc.'s Amended Interrogatories to BNE Energy, Inc., Set 4, 03/10/11

BNE's Responses to FairwindCT Amended Interrogatories, Set 4, 03/14/11

FairwindCT Inc.'s Interrogatories to CT Light and Power, Set 1, 02/28/11

CL&P Responses to FairwindCT Interrogatories 03/08/11

Save Prospect Interrogatories to BNE, set Three, 03/23/11

BNE Filings

BNE Preliminary Request for Administrative Notice 02/04/11

BNE Preliminary Witness List and Exhibit List 02/04/11

BNE Witness and Exhibit List, 02/16/11

BNE Request for Administrative Notice, 02/16/11

Pre Filed Testimony of Paul Corey

Pre Filed Testimony of Michael Libertine

Pre Filed Testimony of Matthew Davison

Pre Filed Testimony of Thomas Wholley

Pre Filed Testimony of David Tidhar

Pre Filed Testimony of Thomas Koning

Pre Filed Testimony of Joel Rinebold

Pre Filed Testimony of Pierre Heraud

Exhibit 1 Exhibit 2

BNE Memorandum and Revised Plans in Response to Connecticut Water company concerns

Letter RE Appearance of Melvin Cline 02/24/11

Response to CSC Noise Questions by Vanasse Hangen Brustlin, Inc. 03/02/11

Supplemental Pre Filed Testimony of David Tidhar 03/08/11

Supplemental Pre Filed Testimony of Melvin L. Cline 03/08/11

Exh. 1 (Revised Site Plan) Exh. 2 (Revised Erosion & Sediment Control)

Exh. 3 (Revised Storm Water Mgmt. Plan)

Supplemental Pre Filed Testimony of Michael Libertine 03/08/11

Exh. 1 (Comparative Photosim) Exh. 2 (82.5 Blade Receptor Data) Exh. 2 (Receptor Locations)

Exh. 2 (Final 100m Blade Receptor) Exh. 2 (Probable Case 82.5 meter blade results)

Exh. 2 (Probable Case 100 meter blade results) Exh. 3 Points of Interest

Letter Regarding Confidential under Protective Order Submission 03/08/11

Joel Rinebold Supplemental Testimony 03/24/11

Richard Desrosiers Rebuttal Testimony 03/24/11

Melvin Cline Supplemental Testimony 03/28/11

Cline Exhibit 1 Cline Exhibit 2 Cline Exhibit 3

BNE Responses to DEP Comments 03/28/11

VHB Site Restoration Memo

BNE appearance letter 05/25/11

Motion/Objection Correspondence

BNE Objection to Save Prospect Corp. Request, 01/13/11
BNE Response to State Officials letter 01/20/11

BNE Objection to FairwindCT Request for Status 02/01/11

BNE Objection to FairwindCT Request to Consolidate Evidentiary Hearings 02/02/11

BNE's reply re objection to hearing procedure, 02/16/11

BNE's motion for Protective Order/File Under Seal and Sealed Copies of Documents

Proposed Protective Order and Nondisclosure Agreement Corey Affidavit

BNE's Objection to FairwindCT, Inc's Motion to Delay Proceeding, dated February 22, 2011

BNE's Reply re Request for List of SPC Members, dated February 22, 2011

BNE’s Objection to Motion to Compel Interrogatory Responses, 02/23/11

BNE’s Motion to Strike Pre-Filed Testimony of SPC’s Witness, David Pressman, 02/23/11

BNE’s Motion to Strike Pre-Filed Testimony of SPC’s Witness, Michael McCann, 02/23/11

BNE’s Motion to Strike Pre-Filed Testimony of SPC’s Witness, Arline Bronzaft, Ph.D., 02/23/2011

BNE’s Motion to Strike Pre-Filed Testimony of SPC’s Witness, Carl V. Phillips, Ph.D, 02/23/11

BNE’s Motion to Strike SPC’s Exhibits and Administrative Notice, 02/23/11

BNE's Objection to FairwindCT Motion to Council to Issue a Subpoena 03/02/11

BNE's Objection to FairwindCT Objection to and Motion to Modify Protective Order 03/14/11

BNE's Motion to Strike SPC Supplemental Exhibits and Admin Notice Documents 03/14/11

BNE's Motion to Strike Supplemental Testimony of Reilly 03/14/11

BNE's Motion to Strike Supplemental Testimony of McCann 03/14/11

BNE's Motion to Strike Supplemental Testimony of Ford 03/14/11

BNE's Motion to Strike Supplemental Testimony of Hurley 03/14/11

BNE's Motion to Strike Supplemental Testimony of Tramposch 03/14/11

BNE's Motion to Strike Supplemental Testimony of Pressman 03/14/11

BNE's Objection to Subpoenas Duces Tecum 03/14/11

BNE's Objection to Subpeonas Duces Tecum to Michael Klemens, 03/29/11

BNE's Objection to Motion for Reconsideration, 03/29/11

BNE's Reply re Objection to Procedure, 03/29/11

BNE's Objection to Save Prospect Request to Issue Additional Interrogatories, 03/29/11

BNE's Objection to Subpeonas Duces Tecum to Frederick Riese, 03/29/11

BNE's Response to CT Water Comments, 3/30/11

BNE's Objection to FairwindCT's Motion for Council to Issue Subpeona, 3/30/11

BNE's Objection to FairwindCT's Motion for Mistrial, 03/30/11

BNE's Objection to SPC's additional exhibits, 03/30/11

BNE Objection to Tait Participation, dated 05/11/11

Town of Prospect Filings

Letter from Town of Prospect 12/01/10

Letter from Town of Prospect 02/15/11 Inland Wetlands Zoning Noise Ord. Town Resolution

Save Prospect Corp. (SPC) Filings

Request to Council 01/10/11

SPC Preliminary Witness and Exhibit List 02/04/11

SPC Witness List, 02/16/11

SPC Supplement Exhibit List and Admin Notice 03/02/11

SPC Pre Filed Testimony

Tab 1 Tab 2 Tab 3 Tab 4 Tab 5 Tab 6 Tab 7

Tab 8 Tab 9 Tab 10 Tab 11 Tab 12 Tab 13 Tab 14

Tab 15 Tab 16 Tab 17 Tab 18 Tab 19 Tab 20 Tab 21

Tab 22 Tab 23 Tab 24 Tab 25 Tab 26 Tab 27 Tab 28

Tab 29

SPC Exhibits

Part 1 Part 2 Part 3 Part 4

Appearance of Anthony J. Interlandi, Esq. 02/23/11

List of Admin Notice and Exhibits, dated March 8, 2011
Supplemental Pre-Filed Testimony

a. Michael Klein

b. Michael McCann

c. David Pressman

Exhibits to Pressman Pre-filed

d. Scott Reynolds

e. John Stamberg

f. Tom Casella

g. John Ford

h. Calvin Goodwin

i. Sue Hobart

j. John Hurley

k. Robert Moore

l. Tim Reilly

m. Kurt Tramposch

SPC 4th Supplemental Exhibit and Request for Administrative Notice List, 03/30/11

SPC Amended and Supplemental Pre-filed Testimony of Andrey Kamenskiy

Motion/Objection Correspondence

SPC Reply to BNE's Objection to Request for Relief 01/14/11

SPC in Support of FairwindCT Request to Consolidate Evidentiary Hearing 02/01/11

SPC Joinder in FairwindCT Objection to Pre_hearing Procedure 02/08/11

SPC Objection to BNE 2nd Interrogatory Request 02/16/11

SPC Objection to BNE Request for Administrative Notice 02/24/11

SPC Joinder to FairwindCT Response to BNE Motion for Protective Order and Motion to File Under Seal 02/24/11

SPC Joinder to FairwindCT Objection to Notice of Hearing Procedures and Draft Hearing Program 02/24/11

SPC Joinder to FairwindCT Motion to Strike Certain Evidence from the Record 02/24/11

SPC Subpoena Duces Tecum for CT Clean Energy Fund 03/11/11

SPC Subpoena Duces Tecum for CT Innovations 03/11/11

SPC Request for Permission to Serve Additional Interrogatories to BNE 03/23/11

SPC's Joinder to FairwindCT's 03/28/11 and 03/29/11 filings, dated 03/30/11

FairwindCT Filings

Pre Filed Testimony of William Carboni

Pre Filed Testimony of Gerry Meyer

FairwindCT, Inc's Witness and Exhibit List

FairwindCT, Inc's Request for Administrative Notice

Pearce Higgins Dettmers
FairwindCT, Inc.'s Supplemental Testimony of William F. Carboni 03/02/11

Second Supplemental Testimony of William Carboni, 03/28/11

Motion/Objection Correspondence

Request to Consolidate Evidentiary Hearings for PE980, 983, 984 01/31/11

FairwindCT Response to BNE Objection to Status 02/08/11

FairwindCT Objection to Pre-Hearing Procedure 02/08/11

FairwindCT, Inc. Motion to Delay Proceedings, dated February 18, 2011

FairwindCT, Inc. Motion to Compel Interrogatory Responses or in the Alternative to Strike, dated February 18, 2011

FairwindCT Objection to Notice of Hearing Procedure and to Hearing Program, 2/23/11

FairwindCT Supplemental Request for Administrative Notice, 2/23/11

FairwindCT Reply to BNE's Objection to Motion to Delay Proceedings, 2/23/11

FairwindCT Response to BNE Motion for Protective Order and Motion to File Under Seal, 2/23/11

FairwindCT Motion to Strike Certain Evidence from the Record, 2/23/11

FairwindCT Motion for Council to Issue a Subpoena 02/25/11

FairwindCT Second Supplemental Request for Administrative Notice 02/28/11

FairwindCT Reply to BNE's Objection to Motion for Council to Issue Subpoena 03/02/11

FairwindCT Objection to and Motion to Modify Protective Order 03/07/11

FairwindCT Reply to BNE's Objection to FairwindCT Motion to Modify 03/15/11

FairwindCT Objection to Notice of Hearing Procedure and to Hearing Program, 03/28/11

FairwindCT subpeona of Michael Klemens 03/25/11

FairwindCT subpeona of Frederick Riese 03/25/11

Motion for Reconsideration of Prot. Order as it Relates to GE Setback, 03/28/11

Motion for Reconsideration of Prot. Order as it Relates to Mechanical Loads Assessment and Noise Emission Characteristics, 03/28/11

Motion for Reconsideration of Prot. Order as it Relates to BNE Wind Data, 03/28/11

FairwindCT, Inc.'s Motion for Council to Issue a Subpoena 03/29/11

FairwindCT, Inc.'s Motion for Mistrial or in the Alternative for Continuance, Reconsideration and to Alter Schedule 03/29/11

Lamontagne and Satkunas Filings

Lamontagne and Satkunas Preliminary Witness and Exhibit Memo 02/03/11

Pre Filed Testimony of Lamontagne

Pre Filed Testimony of Satkunas

Supplemental Pre Filed Testimony of Lamontagne 03/28/11

Motion/Objection Correspondence

Lamontagne Request for Clarification 03/28/11

Connecticut Water Company

List of Witness and Exhibits 02/16/11

Comments from Connecticut Water, dated 03/29/11

Connecticut Water Co. Withdrawal from proceeding letter, 03/30/11

Connecticut Light and Power

Motion/Objection Correspondence

CL&P Motion for Protective Order 03/08/11

Proposed Protective Order 03/08/11

Protective Order for CL&P 03/15/11

CL&P letter of 04/07/11

Council Motion/Decision/Findings of Fact/Memo

CSC Decision on Motion to Consolidate and Continued Hearing Dates 02/14/11

Protective Order to BNE 02/24/11

CSC Decisions on Motions from 2/24/11 and 3/3/11 hearings

CSC Decisions on Motions from 3/15/11 hearing

CSC Decisions on Motions from 3/31/11 hearing

CSC's Request for Comments on the Draft Findings of Fact, 04/20/11

Participation of Chairman in P 980 Proceeding memo, 04/21/11

Fairwind Objection to Chairman Stein Participation, 4/29/11

BNE Reply to Objection to Chaitman Stein Participation, 5/2/11

Lamontagne and Sakunas Comments on Chairman Stein Participation, 5/2/11

Lamontagne and Sakunas Comments on Draft FOF, 4/29/11

Fairwind Proposed Findings of Fact, 5/2/11

SPC Comments on Draft Findings of Fact, 4/28/11

SPC Proposed Findings of Fact, 4/28/11

CSC Decison on Objection /Council Member Tait Recusal 5/13/11

CL&P Edits to Findings of Fact, 4/28/11

CL&P Proposed Findings of Fact, 5/2/11

BNE Proposed Findings of Fact, 5/2/11

Briefs

CL&P Post Hearing Brief, 5/2/11

BNE Post Hearing Brief, 5/2/11

SPC Post Hearing Brief, 5/2/11

Fairwind Post Hearing Brief, 5/2/11

Lamontagne and Sakunas Post Hearing Brief, 5/2/11

If you are interested in participating in this proceeding, click here for more information.

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Once an application is approved the applicant then must file what is known as a Development & Management (D&M) Plan, which addresses several details including construction, design, etc., for Council approval prior to construction.

Copies of the public hearing transcript are available for viewing at the Council office or in the Town/City Clerk office of the municipality in which the hearing was held. If you wish to receive a copy of a transcript, please contact Post Reporting Services, Inc., 2015 Dixwell Avenue, Hamden, CT 06514, (800) 262-4102.

The Council often receives public comment letters with regard to a proceeding. These files are open for public viewing in the Council’s office during normal business hours.

Connecticut Siting Council