^Qpkji^j^a^m S> t?/m Q&sQatm

^Qpkji^j^a^m S> t?/m Q&sQatm PO

Nan'

Box SPVpYaphank, P^

fan^ie'j.i!Ess[*Co-Pns

hone: 631-924-5292

NY 11980

Co-President 'Fax: 631-924-7193

xr \\

June 9, 2000

Ms. Maureen O. Helmer, Chairman

State of New York Dept. of Public Service

Board on Electric Generation Siting and

The Environment

Three Empire State Plaza Albany, NY 12223-1350

*\ ^ % \sA

JUN 1 4 2000

Office of Hearings and Alternative Dispute Resolution

Re: Case 00-F-0566—Preliminary Scoping Statement by Brookhaven Energy Limited Partnership under Article X for a 580 Megawatt Natural Gas/Oil Fired Generation Facility, to be located Within the Hamlet of Yaphank, town of Brookhaven, NY

Dear Chairman Helmer:

This proposed project drastically changes the aesthetic appeal of the Hamlet of Yaphank from a bucolic historic community with two beautiful lakes to a community where a gas and oil guzzling power plant would be located. On June 7, 2000 the Yaphank Taxpayers and Civic Association took a vote to oppose the siting of the Brookhaven Energy Power Plant in the Hamlet of Yaphank. On behalf of the Yaphank Taxpayers & Civic Association I would like to submit the following comments regarding this proposal by Brookhaven Limited Partnership for a 580- megawatt gas/oil fired power plant south of the LIE at Exit 66, Yaphank.

PROPOSED STIPULATION NO. 1; AIR OUALITY & METEOROLOGY

The second largest emitter of toxins in both Nassau and Suffolk Counties is found in the Town of Brookhaven. The New York State Toxic Release Inventory Report (TRI) tells us that 159,006 pounds of pollutants are released from the stacks of the Port Jefferson power plant! Imagine if this facility was located in the middle of Long Island like the proposed Brookhaven Energy power plant. Brookhaven Town doesn't need another polluting power plant.

It's ironic that power plants are monitored by the same companies that run them. The "owner of a power plant" monitors levels of nitric oxide, sulfuric acid, lead, ozone and particulate. In addition 1 million gallons of oil, ammonia and formaldehyde will be stored on-site. It's important to note that the TRI report doesn't list all the toxic chemicals released by power plants, but only those listed as EPA "manageable and reportable chemicals." The DEC inspects power plants once a year. The Port Jefferson toxic generator plant is "up to code" and "routinely passes the necessary tests," according to a DEC representative interviewed in a March 15, 2000, Three Village Herald newspaper article. When residents were worried about deleterious health effects from the Port Jefferson plant and asked for the DEC to monitor air quality in the community, they were told, "monitoring air quality at specific locations would be too complicated."

A representative of the Port Jefferson power plant told the Three Village Herald reporter that, "We bum so much fuel for energy we become a source of emissions." Workers are seen wearing white suits and masks around the power plant because of OSHA requirements for sweeping dust. The same plant spokesperson said that puff backs.

^"SmMModjatuui Case 00-F-0566 Page 2

H' that leave soot on people's houses and cars hadn't happened in years, though records show that on May 21, 1999 the Port Jefferson power plant experienced a complication with "soot blowing" due to a problem with their air heater.

What this means is that no matter how polluting a facility gets it will always "pass the necessary tests." At one time this facility was state-of-the-art, as time goes by all the best technology used in the stack just doesn't work like it used to-but year after year it still "passes the tests and is up to code." This tells us is that the best power plant is the one that never gets built!!

The Port Jefferson plant bums gas 55-60 percent of the time and oil 40-45 percent of the time depending on seasonal availability. Since the applicant for the Brookhaven Energy power plant plans to store 1 million gallons of oil on site, we surmise they will bum both gas and oil "according to seasonal availability." The applicant told us his proposed facility would be a clean gas burning plant. Sounds like fossil fuels will be burned (gas and oil) emitting thousands of pounds of harmful pollutants and cairbon dioxide in Yaphank and the surrounding communities.

The applicant should submit a study showing how alternative energy resources such as wind, solar, fuel cells or micro-turbines would impact air quality as compared to a fossil fuel power plant.

CRITRIA AND OTHER REGULATED POLLUTANTS

Yaphank's climate is unique. Most of Yaphank is located in a valley. A patrolman gave testimony at a hearing to expand the Long Island Expressway service roads that there was a fog like condition that envelops the LIE at Yaphank between Exit 66 & 67.

There is also a process by which warm air gets trapped under cold air called a thermal inversion. This happens in Yaphank frequently. The Three Village Herald newspaper story tells us this climate condition is never considered when power plant air quality impacts are studied.

A study should be submitted showing the impacts of the project on the local microclimate as a result of air-cooling technology the plant intends to employ. Air quality studies should also include effects of thermal inversions.

A 262-foot high stockpile of ash called landfill cell five (cells 1-4 are also at this location) exists on Horseblock Road south of the proposed site. Ash particulate contains lead, cadmium and dioxin. In addition, an eternal flame bums hydrogen sulfide gas emanating from cell four's gas collection system to reduce toxic gas and foul odors. What is the cumulative effect if you add the toxins emitted from the stack of the proposed energy plant to existing air quality?

There is an approved 795-unit condominium complex currently under construction south of the Brookhaven Energy power plant. How will this facility's stack emissions affect the health of those residents? A Newsday editorial from May 25, 2000 recently described locating these homes near the Grucci Fireworks factory, where testing of heavy duty explosives are done, a training facility for fireman nearby where smoky fires are lit to lend reality to the exercise, die town landfill and a large industrial manufacturing plant for paper products and this proposed electrical generating plant as the "Freddy Kruger of land-use decisions...Like the mass murderer from the 'Friday the 13*' movies, it just keeps coming back."

The apphcant for the proposed facility must consider the cumulative air quality impact from the above referenced facilities and how a fire, die spark of a fire or firework will affect the 1 million gallons of oil stored on site. This is a wooded Pine Barrens site that bums occasionally. Has the Yaphank Fire Department been asked about the great number of forest fires in the vicinity of this site? At the hearing for the American Tissue paper manufacturing plant, three fire commissioners testified about their experience regarding pine/oak fires.

m & ^akQ&omtm Case 00-F-0566 Page 3

!»'

ADDITIONAL NON-CRITERIA POLLUTANTS

The Upper and Lower Lakes of Cannans River run through Yaphank and into Southaven Park. The lakes are protected under NY State's Wild, Scenic and Recreational River Corridor legislation. How will consuming the fish caught from the Upper and Lower Cannans River effect our health if this project is approved? There is a newly built DEC boat ramp and parking lot used to access the Lower Cannans River located on the comer of Long Island Avenue and Yaphank Avenue.

The impact of exhaust from vehicular traffic on the LIE should be included when looking at the cumulative impact of pollutants.

How will pollution from the stack of the proposed power plant effect the Suffolk County Cornell Cooperative Extension Farm? The farm supplies vegetables, beef and chickens to those residing at the Suffolk County Nursing Home, Minimum Security prison and Youth Group Home. The feed for the animals is also grown on-site.

Health studies that include a multiple pathways risk assessment must be included since toxic substances from the stacks can accumulate in soil, vegetables and animal feed that grow on the farm. The beef, dairy products, chicken, water and fish can also accumulate toxic substances from the proposed power plant. The human biota would be affected via both the ingestion and inhalation pathways of exposure.

Yaphank has a 48 percent higher than the state average breast cancer rate according to a New York State Health Department study that mapped cancer levels by zip code. The NY State Health Department plans to look at possible environmental causes of local variations in breast cancer rates. The applicant should include studies that show how the proposed facility will effect breast cancer and cancer rates. The applicant should include how Yaphank's higher than expected breast cancer rates will be effected by pollution from the proposed power plant.

How will the proposed power plant's smoke stack emissions affect the following vulnerable populations?

Suffolk County Nursing Home Maryhaven School Brookhaven Day Nursery smd School New Intermediate School Charles E. Walters Elementary School Minimum Security Prisoners Youth Group Home

It would seem that health-risk based studies of noncancer effects (including respiratory illness) and cancer effects should be included in light of these vulnerable populations.

Excerpts from the following study were completed by a student for a high school science competition. The study is unique in that it focuses on a specific illness, respiratory health, possibly caused by pollution from the Port Jefferson Power Plant. It factors in the effects of outside pollutants, respiratory family history and includes a control group. The Suffolk County Health Department is reviewing it for the basis of a health study to be undertaken this summer to conoborate Ms. Kagel's results.

Health Study- "The Correlation Between Adverse Respiratory Symptoms and Subjects Living in Close Proximity to a Fossil Fuel Power Plant" by Alyssa Kagel, Ward Melville High School, Setauket, NY.

Q/kioeMm :ase 00-F-0566

Page 4

Ms. Kagel's report includes the following:

1. The summary states that, "Several respiratory symptoms ware found to be significantly greater in subjects living near a power plant, and subjects living closest to a plant experienced the greater number of symptoms." The closer you live to the plant, the more respiratory symptoms you suffer from.

2. Symptoms were chest tightness, eye irritation and night sweats.

3. Savitz (1998) found that "the largest association for all three neurodegenerative diseases [Alzheimer's, Parkinson's and amytrophic lateral sclerosis] occurred for power plant operators." Kodavanti (1999) identified a correlation between adverse respiratory health and power plant emissions.

4. Alyssa Kagel states, "It is not necessarily sufficient to know that the power plant is meeting the guidelines of air pollution standards. These guidelines are often based on the lobbying efforts of electric companies themselves, as well as the fuel corporations, and do not necessarily rule out all health problems."

5. The Port Jefferson and Northport power plants almost doubled their sulfur dioxide emissions in 1998 over 1997 (Cowan 1999). Even though the Port Jefferson plant is one of the two "most heavily polluting power plants on Long Island," it is "still within the limits" of the law set forth for stack emissions.

6. There are no guidelines for fugitive emissions such as unloading fuel and transferring fuel to holding tanks.

Ms. Kagel's study reinforced the notion that power plants affect the health of residents. Studies regarding pollution detecting tools (Benedik 1998) to analysis of causes of death (Savitz 1998) to injection of a commonly emitted chemical from fossil fuel power plants (Kodavanti 1999), each of these has shown that power plants are polluters.

The applicant should include all current pollution sources such as: incinerator ash, landfill gas, firematic training, fireworks facility, and LIE traffic exhaust in addition to the plant when calculating air quality impacts.

OTHER ANALYSES

An article in the edition of the June 9, 2000 Newsday mentions that a dozen government agencies and hundreds of scientists, in and out of government, worked on a global warming report entitled, "Climate Change in America." Four years in the making the report reflects the most ambitious attempt to gauge the impact of climate change in America. It will be released next week and later presented to Congress.

Human activities have increased the natural phenomenon of the greenhouse effect; burning fossil fuels to power cars, homes and factories that release carbon dioxide and increases of other greenhouse gases like methane and nitrous oxide remain in the atmosphere for decades or even centuries. Among the potential impacts are increased mortality, extinction of animal and plant species, and a dangerous rise in sea levels. Wanner temperatures can encourage the proliferation of disease-carrying mosquitoes in new areas, and lead to the spread of infectious diseases such as encephalitis, malaria and dengue fever. On Long Island we are currently under the threat of deadly West Nile Virus and encephalitis from mosquitoes.

Among the findings of the congressional report are:

o Entire ecosystems may shift northward as temperatures increase (the weather forecast for the late 21s,

Century will have risen by 5 degrees to 10 degrees), o The Alpine meadows of die Rocky Mountains likely will disappear. o Forests in the Southeast may break into "a mosaic of forests, savannas and grasslands" and sugar maples

could disappear from Northeastern forests.

^(&^^omtm Case 00-F-0566 Page 5

H1

o Ocean levels will rise, causing wetlands, marshes and barriier islands to disappear or—when the geography allows—be forced inland.

o The Great Lakes are predicted to decline because of increased evaporation causing different problems.

The electric power industry is responsible for two-thirds of all sulfur dioxide emissions in die United States, one- third of all nitrogen oxide emissions and more than 30 percent of Jill carbon dioxide emissions. In 1996, LILCO's plants generated almost 7 million tons of COa, 24 thousand tons of SO2 and 7 million tons of NOx. Between 1995 and 1998, all three major pollutants from LILCO/KeySpan power plants have increased, with a rise in SC^by over 50 percent.

In light of global wanning and deleterious health effect as a result of reliance on electric power it's about time serious consideration is given to a responsible energy program to meet the Island's energy needs with alternative energy sources such as wind power, fuel cells, solar photovoltaic energy, combined heat and power systems, in addition to energy efficiency and conservation. A report by Pace Law School Energy Project and the Citizens Advisory Panel entitied "Power Choices" shows that by 2010 we could produce 690 MW of power using alternative energy sources and by the year 2015 a savings of 1,015 MW could be realized. By moving aggressively to use alternative energy technologies. Long Island wouldn't need Brookhaven Energy's 580 MW power plant.

There are currentiy 23 proposed power plant projects for Long Island, totaling 6,395 MW. When I brought this to the attention of representatives from the Public Service Commission at the Public Forum on Article X, I was told that these projects were to be constructed throughout New York. I have included a chart showing that they are indeed proposed for Long Island. This plant is not needed.

Before another facility is constructed an alternative energy planning process should be undertaken to assure that all potential future demands and supply options are considered. The applicant should submit a study showing how benign measures can be substituted to generate the 580 MW of proposed electrical power.

The Clean Energy Development Act (CREDA) has been introduced in both houses of the State legislature. The act would amend the public service law and the public authorities law to encourage energy efficiency and clean energy technologies such as wind, solar and fuel cells. CEDA could protect public health by reducing power plant air emissions that exacerbate asthma, and other respiratory ills.

PROPOSED STIPULATION NO. 2 CULTURAL RESOURCES

The site has a higher than average probability of producing prehistoric evidence, therefore a NYSAA standard IA study and IB study for the whole project site including previously disturbed interconnection areas should be undertaken prior to any soil disturbance or alteration by construction activity. The stipulation should also include a Phase II intensive archaeological field investigation which should also be completed before the site is disturbed by construction activity.

PROPOSED STIPULATION NO. 3; ELECTRIC TRANSMISSION FACILITIES

We would like to see studies that show the effects of electrical fields on health and the environment, especially in light of the increased voltage proposed at the site.

A letter from Iroquois Gas Transmission System dated April 19, 2000 mentions that Section 5 of the Scoping Statement states that natural gas will be die primary fuel for the facility and anticipates that gas will be supplied by Brooklyn Union Gas (BUG). Iroquois Gas Transmission System L.P. makes it clear that they operate an interstate

Case OO-F-0566

Page 6

^

pipeline that terminates at South Commack, New York and that they supply natural gas transportation service to BUG. Iroquois has asked to be party of interest to this proposal. How would this effect the proposal?

PROPOSED STIPULATION NO. 4; LAND USES AND LOCAL LAWS

The site chosen by the applicant for die proposed power plant is referred to in the Town of Brookhaven's 1987 Land Use Plan. On page 27 the document states, "The Plan suggests that relatively large scale office development be encouraged in Yaphank...Offices or industrial-park uses would be equally appropriate at some of the major intersections of the Long Island Expressway." The plan for the entyway to Yaphank, on either side of LIE Exit 66 was for clean high tech offices or corporate headquarters, not a polluting power plant with two 180-foot high stacks emitting plums of smoke to greet those entering our communiity. The Yaphank Hamlet Study envisioned aesthetically pleasing buildings not a gas/oil powered plant.

Article XXIX, of the Code of the Town of Brookhaven New York—Land use Legislation under, L Industrial 1 District (Light Industry) it states that the following are prohibited uses:

Gasoline filling stations. Gas manufacturing of all types, petroleum products refining or wholesale storage of petroleum, and any other trade, business, industry, use or industrial process that may be injurious, hazardous, noxious or offensive to the surrounding area by reason of the emission of odor, dust, light, smoke, soot, gas, fumes, vibration, noise or similar substances or conditions.

The project consists of generation buildings, shop/warehouse and equipment building, water treatment tanks and storage tanks, condensers, steam generator, two exhaust stacks, gas compressor, oil storage tanks, gas pipeline, connection to electrical transmission lines and gas pipelines and water sewerage system. The residential community of Yaphank will be negatively affected from this project's visual, noise, light pollution, odor, groundwater and air quality impacts. The industrial processes including expansion of the strength of electrical fields, hazardous materials stored on-site and spills of hazardous materials in addition to stack emission contamination will degrade the quality of life for Yaphank's residents. The proposed gas/oil power plant does not belong on land zoned for light industry.

The applicant should explain how the proposed power plant is not a prohibited use under the zoning laws of the Town of Brookhaven.

The parcel designated for the power plant is in an area defined by Article 7 of Suffolk County Sanitary Code as a "deep recharge area" and under Environmental Conservation Law §15 as a "primary groundwater recharge area." In addition Brookhaven Code §85-309 lists the site as a "Hydrogeologically Sensitive Zone" (HSZ). The maximum height restriction for an L-l Industrial District within a Hydrogeologically Sensitive Zone in Brookhaven Town is 50 feet. This project's 180 foot stack height, 90 foot air-cooled condensers and 72 foot generation buildings fails to meet the height restriction. This is not an insignificant issue nor unreasonably restrictive when coupled with the Land Use Plan and Yaphank Hamlet Study. This power plant does not belong located on hydrogeologically sensitive land!

The applicant should explain why Brookhaven Town's height restriction is "unreasonably restrictive" in light of the Town's Land Use Plan, Yaphank Hamlet Study and prohibited uses under the light industrial zoning category.

&(Si^^ocMm Case OO-F-0566 Page?

&|l

PROPOSED STIPULATION NO. 6; NOISE

Since the facility will operate 24 hours per day, measurements of noise impacts must also be taken during the night (LIE noise is less at night). Also, estimates of measurements must be made including truck traffic delivering oil and picking up waste.

PROPOSED STIPULATION NO. 7; SOCIOECONOMIC

An excerpt from a Suffolk Life Article, February 9, 2000 stated that, "From the town perspective, AN? would be seeking some tax rehef in the form of PILOT, payments to the town in lieu of taxes." What does this mean? Is the applicant looking for a tax abatement from the town? After this project is complete does the apphcant plan to subject the Town of Brookhaven to a certiorari challenge?

The site is located on the south side of the expressway and includes the same pine trees and oaks found on the north side, which is considered Pine Barrens. It is well documented that the extensive pine barrens of Long Island are a result of the interacting effects of fire, drought and soil character. The Pine Barrens habitats are subject to a relatively high degree of disturbance due to periodic fires. Pitch pines are dependent on fire to open its pinecones and release its seeds. Every 6 to 15 years the Pitch Pine-Oak woodlands bum. The Pine Barrens seems to be the wrong place for a project storing 1 million gallons of oil. The owners of Grucci Fireworks sand mined all the Pine Barrens away, is the applicant planning to do the same?

The applicant should explain how forest fires will be prevented at the site. If a fire should occur, how will the Yaphank Fire Department, without the necessary equipment to reach the height of this facility's structures, fight the fire.

The Yaphank Fire Department does not have the equipment necessary to fight a fire at this facility. It would not be appreciated if residents were expected to pick up the bill for needed improvements, equipment and also volunteer to fight fires at the site.

After construction the facility will employ only 25 people. The secondary economic effects will be minimal. The applicant should submit data comparing socioeconomic impacts of the proposed project with alternative energy resources such as wind, solar, fuel cells and micro-turbins.

PROPOSED STIPULATION NO. 8; SOILS. GEOLOGY AND SEISMOLOGY

The windows of my house shake (north of the LEE on Long island Avenue toward Yaphank Avenue) when Grucci Fireworks are exploded to test their effectiveness. Community members have told me that the fireworks are aimed in the vicinity of the proposed project. The applicant should explain how the explosions and resulting sparks from the fireworks would effect the integrity of structures at the plant site. How will years of explosions effect the integrity of structures at the plant?

Case 00-F-0566

Page 8

^

PROPOSED STIPULATION NO. 10; TRAFFIC AND TRANSPORTATION

Traffic volume turning movement counts must be collected in October in order to reflect school traffic. The impact of school buses, and vehicular traffic from staff, teachers and administrators from the following schools: Longwood Senior High School, Longwood Junior High School, Longwood Middle School, Charles E. Walters Elementary School, Brookhaven Day School and the Interdisciplinary New School will then be included.

The traffic study should also include truck traffic used to collect the waste stream generated on-site and truck traffic unloading substances to be stored on site.

PROPOSED STIPULATION NO. 11 VISUAL RESOURCES AND AESTHETICS

The LIE, at Exit 66 is one of the major entryways to the Hamlet of Yaphank. As mentioned previously, all Brookhaven Town and Yaphank Land Use Studies call for clean high tech offices and corporate headquarters for this corridor north and south of the LIE.

As you exit the LIE and drive down the Exit 66 ramp, the proposed power plant's 180-foot twin smoke stacks with billowing gray plumes will be the first thing you see as you enter the Hamlet of Yaphank. In addition to the twin stacks there will be a 90-foot condenser buildings and 72-foot generation buildings. This is a repulsive thought for those who reside in Yaphank. Those Brookhaven Town residents driving through Yaphank on their way to their communities (heading north on CR 21 and south on CR 101) will also find this facility distasteful to view. A power plant should be constructed on land zoned for heavy industry, not the site the applicant has selected.

What color do you think the FAA will insist on for the 180-foot high twin exhaust stacks? That's right, bright red and white stripes to prevent small planes and helicopters from crashing into them, especially with Brookhaven's Calabro Airport and the Suffolk County Police Headquarters' Heliport (less than a mile away) in the vicinity. Will this facility blend in with Historic Yaphank? The answer is a simple— NO. Both Brookhaven National Laboratory's nuclear plant (currently shut down) and the Port Jefferson Power Plant have stacks that are covered in red and white stripes. What makes the applicant think his facility mil be any different? Located in the middle of Brookhaven Town, this ugly facility will be highly visible to many residents and tourists. Those playing golf at Suffolk Comity's two proposed golf coiuses, in close proximity to the site, (in addition to the existing golf course on Mill Road) will also find this facility repugnant.

At night, lighting around the facility and on the 180-foot high stacks will remind residents of this facilities ominous presence, overshadowing the peace and tranquility of our little hamlet.

The focus group the apphcant mentions should view and comment on the building with red and white striped exhaust stacks, not the earth tones currently mentioned and shown. Also illustrations or pictures of what the facility will look like during the evening should be shown to the focus group. The applicant should show illustrations or photos depicting the red and white striped stacks and what the facility will look like during the evening in future reports, brochures, Internet Web Page and studies.

The applicant fails to mention (8.4.2 section) the Upper and Lower Caimans River in Yaphank (NY State designated Wild, Scenic & Recreational Corridor) located approximately half of a mile from the proposed facility. The County is currently negotiating with the owner of Camp Olympia, Long Island Avenue, on the Lower Carmans River for parkland acquisition.

Case 00-F-0566

Page 9

*

PROPOSED STIPULATION NO. 12; WATER RESOURCES

Long Island is a Sole Source Aquifer/Deep Flow Recharge Areas Must be Protected

Even though the subject's property is in not in zone III, there seems to be evidence to support that it is indeed in a deep flow recharge area. The applicant should perform the necessary tests to prove that this site is not in a deep flow recharge area before site approval is granted.

In 1987 when the civic association and Town successfully fought the State of New York to stop a state-wide regional ashfill in Yaphank, an engineering firm was hired by the civic association to test an area located south of the subject property to see if it was in a deep flow recharge area. The results of the tests proved that it was and helped persuade Governor Cuomo to withhold funding for the ashfill project.

In addition to the civics' study a January 30, 1986 Town of Brookhaven report entitled "Discussions of Hydrogeologic Zone Boundaries in the Vicinity of South Yaphank, Long Island, New York by Charles J. Voorhis fiirther proves the point. Below are excerpts from the report:

It should be noted that the 208 study and the Long Island Groundwater Management Program recognized the dynamic nature of hydrogeologic zones. In both studies, it was intended that updating and appropriate changes in zone boundaries should occur as data becomes available. In addition, fluctuations in rechurge-discharge zone boundaries occur in response to yearly and seasonal hydrologic conditions. These considerations, and the critical land use siting issues which confront public officials, mandated a more accurate definition of the location of hydrogeologic zone boundaries.

This discussion of hydrogeologic zone boundaries in the vicinity of south Yaphank yields important information for facilities siting and groundwater management In accordance with the 208 study, the Long Island Groundwater Management program, the Suffolk County Sanitary Code, and recent state landfill and ashfill legislation, solid waste disposal facilities and potentially vollutins uses should not be located in deep recharge areas. Responsible plannins would Indicate that before facility sitine can occur, local hydroeeoloeical condition should be thorouehly examined

Analysis of available water level data in the vicinity of south Yaphank finds that the proposed Long Island Regional Ashfill site may be in a deep flow recharge area. The determination of deep recharge potential has been analyzed in accordance with criteria established by the 208plan TAC.

Before site approval, the applicant should install and monitor paired piezometers on site to document that it is a deep flow recharge area. Due to the possibility of oil leaks, oil spills or other contamination from the operations of the plant, siting a power plant at the proposed location would pose an unacceptable risk to the groundwater resources which all of the regulatory agencies are trying to protect.

The proposed power plant's water demand would be tremendous with a baseline requirement of 29,400 gpd and when steam injection is used the water requirement would rise to 65,400 gpd. During oil firing the amount of water required would rise to 66,900 gpd. The water usage is so high that, to meet day-time peak demands water must be stored on the appUcant's site, in order for the Suffolk County Water Authority to accommodate other users of the Patchogue/Yaphank well field. The well field is located 0.6 miles south of the project. The water usage is

Case 00-F-0566 ' " ^m

Page 10

absolutely unreasonable when you take into consideration how many residents must rely on this well field. In addition to current residents there is also 795 units of housing and two new golf courses being built which must also use the same well field. The applicant should consider future users of the Patchogue/Yaphank well field when calculating whether the water supply is sufficient.

In addition to causing a tremendous strain on the well field's ability to keep up with the power plants water demand, the proposed facility is also a threat to the quality of water if a toxic spill occurs. Since this well field lies 0.6 miles south of the proposed facility a toxic plume emanating from the facility could contaminate the well field, which supphes water to thousands of Medford and Yaphank residents. This is simply not acceptable. The best technology and state of the art warning and containment system eventually get old. After 15 to 20 years the safety mechanisms just don't work as well. At risk is the water quantity and quality for thousands of residents of Brookhaven Town.

Article 7 prohibits storage of "restricted or hazardous materials," this would include spare oil supplies and bulk storage of backup fuel oil (1 million gallons). A concrete containment area is mentioned as the solution if a breach occurs in the oil storage tank. Concrete over time crumbles. The concrete containment system holding radioactive spent fuel rods at BNL failed, leaking radioactive tritium into the groundwater. The applicant should show studies to verify the performance of a concrete containment system, especially where the water table is found only 25 to 40 feet down. It is stated that if a spill should occur during unloading fuel from a truck, that that spillage will run into a sump. The applicant should explain what type of sump is referred to and what happens when the sump leaks.

The Preliminary Scoping Statement mentions that new electric generating plants must meet the federal government's newly adopted "pretreatment standards" for new sources under 40 CFR 423. How will this affect the proposed project? The statement also mentions that there may have to be a pretreatment requirement for discharge into the treatment plant. The applicant should explain how 40 CFR 423 will effect his project and what happens if the plant's discharges are not accepted by the Yaphank Sewer Treatment Plant. What happens if the apphcant has to build his own STP on site?

The Preliminary Scoping Statement mentions that the site of the proposed power plant is "without steep slopes." You can clearly see a high ridge on the northem comer of the property. The applicant should explain this discrepancy.

Mr. Charlebois, project applicant, in a New York Times article dated March 19, 2000 states, "We are not going to go to areas where we are not welcome." I strongly advise that Mr. Charlebois look elsewhere to site his power plant because this proposal by Brookhaven Energy Limited Partnership is not welcome in Yaphank.

Thank you very much for the opportunity to comment on the stipulations found in the Preliminary Scoping Statement for the Brookhaven Energy Power Plant.

Sincerely,

Nanette J. Essel

Co-President Yaphank Taxpayers & Civic Association

Cc: Preliminary Active Party List

-- - ';

^v: a» ? P R 0 P OS E D P O W E R P R 0 J £ C T S F O R 1^0 N G; 1 SI- AN D • " •';' "• •—^^^H

sn E " PROJECT '/, OWNER/ ,4. DEVELOPER

SlZE (MW)

DATE OF* STUDY• APPL v

s . '••.7,

••, H-IIVlTER-'^W CONNECTION ,

vVia POINT -^

UTILITY; ARTICLE* ^.STATUS

PROPOSED I IN-SERVICE •

1

5 CT-LI DC Tie-Line

LIPA/TransEnergie US

350 7/20/98 A Shoreham LIRA N/A None '.

1C 5 I CT-LI AC Tie-Line

AEP Resources Service Corp

600 4/13/98 I Shoreham LIPA N/A None

— A

2' i ! Spagnoli Road

CC Unit KeySpan Energy,

Inc. 250 5/17/99 P Spagnoli Road,

Melville LIPA No filing 2C03^p

2: 2 . Shoreham Gen, Station

KeySpan Energy, Inc.

250 5/17/99 P Shoreham LIPA No filing 2003

i

! : r

r i

2 3 Far Rockaway Barge

ENRON 60 9/8/99 P Far Rockaway LIPA N/A 2001 j l

3. 2 i Brookhaven Energy

American National Power

580 11/22/99 P Holbrook- Brookhaven

Line

LIPA Prelim, • St. 3/28/00

None ; \\

1

3' 7 Kitchen Caithness Energy, LLC

750 1/28/00 P Riverhead- Brookhaven-

Holbrook

LIPA No filing 2002

31 3 Far Rockaway Gen Ext

KeySpan Energy Inc.

79 2/1/00 P Far Rockaway

LIPA N/A 2002

3< 9 E. F. Barrett Gen Ext

KeySpan Energy Inc. ..

79 2/1/00 P Barrett LIPA N/A 2002

4t D Spagnoli Road GT Unit

KeySpan Energy Inc.

79 2/1/00 P Spagnoli Road, Melville

LIPA N/A 2002

1

\

41 ; Riverhead Gen . . j Station

KeySpan Energy Inc.

79 2/1/00 P Riverhead LIRA N/A 2002

\ • " i -

42- i Southampton 'I' 1 Gen Ext.

KeySpan Energy Inc.

79 2/1/00 P Southampton LIRA N/A 2002

43 Holbrook Energy

PP&L Global. Inc. 300 2/10/00 P Holbrook LIRA N/A 2003

44 Pilgrim Energy PP&L Global, Inc. 300 2/1/00 P Pilgrim LIRA N/A 2003 :

45 Ruland Energy PP&L Global, Inc. 100 2/1/00 P Ruland Road, Melville

LIRA N/A 2003

•lftM Freeport ^P Energy

PP&L Global, Inc. 300 2/1/00 P Freeport LIRA N/A 2003

i 47 Brookhaven } I Energy

PP&L Global, Inc. 300 2/3/00 P Brookhaven LIRA N/A 2003

49 j Pilgrim Energy | Exp,

PP&L Global, Inc. 300 2/10/00 P Pilgrim LIRA No filing 2003

50 : Brookhaven ; Energy

PP&L Global, Inc. 300 2/10/00 P Brookhaven LIRA No filing 2003 j

51 i AES Smithtown i Gen

AES Long Island, LLC

510 2/10/00 P LIRA System UPA No filing 2004

l

52 ! Wading River ^^ Gen Ext

KeySpan Energy, Inc.

150 2/15/00 P Wading River LIRA No filing 2002

S^T CT-Ruland, LI DC Tie

TransEnergy US, Ltd.

300 3/7/00 P Ruland Road, Melville

LIRA No filing 2003

55 CT-Pilgrim, LI : DC Tie

TransEnergy US, Ltd.

300 3/7/00 P Pilgrim LIRA No filing 2003 1 i

The col umn labeled 'S' refers to status of NYISO System Reliability Impact Study. The key to the status code is: P = Pending, A = Active, I = Inactive

L^TC

acrn-e>^C)

STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350

Internet Address: http://www.dps.state.ny.us PUBLIC SERVICE COMMISSION

MAUREEN O. HELMER Chairman

THOMAS J. DUNLEAVY JAMES D. BENNETT LEONARD A. WEISS NEAL N. GALVIN

June 26, 2000

LAWRENCE G. MALONE General Counsel

JANET HAND DEKLER Secretary

c oo-r ^ John Girandola, Commissioner Town of Brookhaven Long Island

Department of Planning, Environment and Development

3233 Route 112 Medford, New York 11763

Re: Case 00-F-0566 Partnership

Dear Mr. Girandola:

- Brookhaven Energy Limited

In your letter of June 6, 2000, you submitted a number of comments with respect to the proposed stipulations in the above case. Since the proposed stipulations have not yet been finalized, I am sending a copy of your comments to staff counsel assigned to the case. Thus, she will have an opportunity to review your comments and incorporate any appropriate suggestions.

Sincerely,

WALTER T. MOYKIHAN Administrative Law Judge

cc: Kimberly Johnson, Esq.

eo £ Vi ^ u.» fiiil