Completed Applications
Consolidated SPDES Renewals

Conditioned Negative Declaration

The NYS Department of Public Service, as lead agency, has determined that the proposed Case 04-E-0572 - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations of Consolidated Edison Company of New York, Inc. for Electric Service will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves the Public Service Commission considering a Demand Management (DM) Action Plan that identifies the potential measures and methods to enhance and expand DM opportunities in Consolidated Edison Company of New York, Inc.’s (Con Edison) service territory. Pursuant to the Action Plan, Con Edison and the New York State Energy Research and Development Authority (NYSERDA) will each issue solicitations to procure approximately 150 MW of load reductions via energy efficiency and load management measures and/or the use of distributed generation. The Action Plan provides general parameters for these solicitations, including the definition of clean distributed generation, the elements of the cost-effectiveness test to be used to determine the eligibility of proposed initiatives, measures, and projects, and procedures for allocating funds among programs.

Potential Environmental Impacts: The proposed action is not likely to cause any direct environmental effects, since the action is does not involve large-scale physical activities that might have significant impacts on the environment. Instead the action would incrementally reduce the demand for electricity produced by central electric generating facilities, which in turn should result in reductions on the emission of sulfur dioxide, nitrogen oxides, particulates, and carbon dioxide emitted by those facilities.

Since a component of the Action Plan involves the use of distributed generation (DG), the Commission examined the potential localized and regional impacts of the use of such facilities. This assessment revealed that DG facilities could produce potential, but limited, noise and air quality impacts. These impacts can be adequately mitigated and are not considered to be significant adverse impacts. Therefore, the Commission has preliminarily determined that a conditioned negative declaration of significance may be issued and an environmental impact statement need not be prepared.

The project location is the five boroughs of New York City and Westchester County.

The conditions are:

As to the noise impacts, the analysis indicated that any impacts can be mitigated by compliance with local noise codes. Within New York City, compliance with the local Noise Code would ensure that noise emissions from DG facilities do not cause significant adverse impacts to the public. Where similar noise codes exist in Westchester County, the same analysis applies. For any DG project located in a municipality that does not have a noise code, the analysis indicates that the Commission require the project to comply with the same standards contained in the New York City Noise Code.

As to the air quality impacts, the analysis examined on a generic basis the effect of individual DG projects on immediately adjacent areas and of the aggregate use of DG region-wide. The assessment examined nitrous oxides (NOx), sulfur dioxide, particular matter, and carbon monoxide emissions. No potential significant impacts were identified for any pollutant except NOx. As to NOx, based on a maximum emissions rate of 1.6 lbs/MWh, no region-wide significant adverse impacts were found. On a localized basis, the analysis identified nearby windows, balconies and air intakes as sensitive receptors. To avoid significant impacts at these receptors, the analysis indicates that the Commission establish minimum distances between the DG projects’ stacks and the receptors, with the distances based on the size of the projects, and require that DG exhaust stacks be installed on the highest structures on the sites. The details of the analysis and proposed mitigation are set forth in the environmental assessment form.

Contact: Douglas May, NYS Dept. of Public Service, 3 Empire State Plaza, Albany, NY 12223, phone: (518) 474-5368, e-mail:Doug_May@dps.state.ny.us.