The following chart includes each of the conditions that intervening parties have proposed in the record for Maryland Public Service Commission Case No. 8997, In the Matter of the Application of Catoctin Power, LLC for a Certificate of Public Convenience and Necessity to Construct a Generating Station in Frederick County Maryland.  The chart also includes two conditions that Catoctin Power, LLC (Catoctin Power) is proposing pursuant to Mr. Gordon Chirdon’s rebuttal testimony.  Except as otherwise noted, Catoctin Power supports each of the conditions set forth below.  Moreover, Catocitin Power has been working with the Maryland state agencies to develop Proposed Final Conditions that address Catoctin Power’s few concerns regarding the state agencies’ Draft Conditions Currently In The Record.  Catoctin Power has developed the Proposed Final Conditions based on these discussions and the Status Column identifies as “agreed” each of the Proposed Final Conditions for which we believe that Catoctin Power and the state agencies have reached agreement.  The Status Column identifies as “pending” each of the Proposed Final Conditions for which Catoctin Power and the state agencies have not yet reached agreement.  Catoctin Power and the state agencies are continuing to discuss these few outstanding conditions.  Frederick County has not been available to discuss Frederick County’s Draft Conditions Currently In The Record with Catoctin Power.  Therefore, the status of each Frederick County condition is marked as “pending.”   Catoctin Power disagrees with Mr. Don James’ Draft Conditions Currently In The Record for the reasons set forth in Catoctin Power’s rebuttal testimony and this chart.  Therefore, the status of each Don James condition is marked as “pending.”

 

 

INDEX NO.

DRAFT CONDITION CURRENTLY IN THE RECORD

PROPOSED FINAL CONDITION

COMMENTS

STATUS

Catoctin Power

Catoctin-1       

To be added to a section entitled “General Requirements”:

 

Except as otherwise provided for in the following provisions, the application for the Certificate of Public Convenience and Necessity (CPCN) is considered to be part of this CPCN for the Catoctin Power Project.  The application consists of the original application received by the Maryland Public Service Commission (PSC) on February 25, 2004 and subsequent amendments provided in testimony filed by Catoctin Power, LLC on June 3, 2004, August 20, 2004, August 26, 2004 and December 23, 2004.  Construction of the facility shall be undertaken in accordance with the CPCN application and subsequent amendments.  If there are any inconsistencies between the conditions specified below and the application, the conditions in this CPCN shall take precedence; and if there are any inconsistencies between the conditions in this CPCN and applicable federal and state statutes or regulations, the applicable federal and state statutes or regulations shall take precedence. 

No change.

Catoctin Power has proposed the Draft Condition Currently In The Record.  PPRP has a proposed a similar condition in its conditions set forth under the heading “Air Quality.”  Catoctin Power believes this condition has general application, and should be added as a general condition applicable to all CPCN conditions.  Moreover, for purposes of this Draft Condition Currently In The Record, Catoctin Power believes it is important to define the term “subsequent amendments” so there is no confusion regarding the “application” with which Catoctin Power is required to comply.  Finally, the PPRP’s proposed conditions incorporate several State and federal laws, which are paraphrased for purposes of the proposed CPCN conditions.  Because paraphrased language is necessarily incomplete, Catoctin Power believes it is important to clarify, in the General Conditions, that if there are any inconsistencies between the conditions specified in the CPCN and applicable federal or state statues or regulations, the applicable federal or state statutes or regulations shall take precedence.

 

Catoctin Power fully supports the Draft Condition Currently In The Record, and respectfully requests that that the PSC include the Draft Condition Currently In The Record in any CPCN.

Agreed

Catoctin-2       

To be added to a section entitled “General Requirements”:

 

If any provision of this CPCN shall be held invalid for any reason, the remaining provisions shall remain in full force and effect and such invalid provision shall be considered severed and deleted from this CPCN.

 

 

No change.

Catoctin Power has proposed the Draft Condition Currently In The Record.  PPRP has proposed a similar condition in its conditions set forth under the heading “Air Quality.”  Catoctin Power believes this condition has general application, and should be added as a general condition applicable to all CPCN conditions. 

 

Catoctin Power fully supports the Draft Condition Currently In The Record, and respectfully requests that that the PSC include the Draft Condition Currently In The Record in any CPCN.

Agreed

PPRP and Other State Agencies’

PPRP-1             

Except as otherwise provided for in the following provisions, the application for the Certificate of Public Convenience and Necessity (CPCN) is considered to be part of this CPCN for the Catoctin Power Project.  The application consists of the original application received by the Maryland Public Service Commission (PSC) on February 25, 2004 and subsequent amendments.  Construction of the facility shall be undertaken in accordance with the CPCN application and subsequent amendments.  If there are any inconsistencies between the conditions specified below and the application, the conditions in this CPCN shall take precedence.  In the application, estimates of dimensions, volumes, emission rates, operating rates, feed rates and hours of operation are not deemed to constitute enforceable numeric limits except to the extent that they are necessary to make a determination of compliance with applicable regulations.

No change.

 

Agreed

PPRP-2             

The application for a CPCN includes the application for Prevention of Significant Deterioration (PSD) approval, Nonattainment Area New Source Review (NA-NSR) approval, and air quality construction permits.  The CPCN serves as the PSD approval, NA-NSR approval, and air quality construction permit and does not constitute the permit to construct or approvals until such time as Catoctin Power has provided documentation demonstrating that nitrogen oxides (NOx) emission offsets totaling at least 249 tons and volatile organic compound (VOC) emission offsets totaling at least 39 tons have been obtained and approved by the Maryland Department of the Environment and are federally enforceable.

No change.

 

Agreed

PPRP-3             

For air permitting purposes, the Catoctin Power Project shall include: 1) two, GE Model 7FA, natural gas-fired combustion turbines with dry low-NOx combustors, duct burners rated at 577 million Btu per hour (MMBtu/hr, higher heating value) heat recovery steam generating units (HRSGs) equipped with selective catalytic reduction (SCR) and oxidation catalyst systems, and a steam turbine, combined plant rated at nominal 600 megawatt; 2) one nominal 1,000-kilowatt, EPA Tier 1-rated diesel-fired emergency diesel generator; 3) one nominal 350-kilowatt, EPA Tier 1-rated diesel-fired emergency diesel generator at the water supply pump house; 4) one 370-horsepower, diesel-fired firewater pump engine; and 4) one multi-cell cooling tower equipped with drift eliminators.

No change.

 

Agreed

PPRP-4             

Definitions:

a)      “Commence” as applied to the construction of the Catoctin Power Project means that the owner or operator either has:
i)  Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

ii) Entered into binding agreements or contractual obligations which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a continuous program of actual construction or modification of the source to be completed within a reasonable time.

 

b)   "Startup" shall be defined as the period of time from initiation of combustion firing until the unit reaches at least 60% load.  Periods of cold startup shall last no more than 4 hours; periods of warm/hot startup shall last no more than 2 hours.

 

c)   "Shutdown" is defined as that period of time that the turbine output is lowered with the intent to shut down, until the point at which the load drops below 60%.  Periods of shutdown shall last no more than 30 minutes.

 

d)  “Administrator” is defined as the Secretary of the Maryland Department of the Environment.

No change.

 

Agreed

PPRP-5             

Catoctin Power shall construct exhaust stacks for the heat recovery steam generators downstream of the construction turbines with a vertical height of at least 160 feet above ground level. 

No change.

 

Agreed

PPRP-6             

If any provision of this CPCN shall be held invalid for any reason, the remaining provisions shall remain in full force and effect and such invalid provision shall be considered severed and deleted from this CPCN. 

No change.

 

Agreed

PPRP-7             

Representatives of the Maryland Department of the Environment (MDE) and the Frederick County Health Department shall be afforded access to the Catoctin Power facility at any reasonable time to conduct inspections and evaluations necessary to assure compliance with the CPCN requirements.  Catoctin Power shall provide such assistance as reasonably may be necessary to conduct such inspections and evaluations by such representatives of MDE effectively and safely, which may include but need not be limited to the following: 

a)      inspecting construction authorized under this CPCN;

b)      sampling any materials stored or processed on site, or any waste, or discharge into the environment;

c)      inspecting any monitoring or recording equipment required by this CPCN or applicable regulations;

d)      having access to or copying any records required to be kept by Catoctin Power pursuant to this CPCN or applicable regulations;

e)      obtaining any photographic documentation and evidence; and   

f)      determining compliance with the conditions and regulations specified in the CPCN.

No change.

 

Agreed

PPRP-8             

This CPCN constitutes the PSD approval, the NA-NSR approval, and air quality construction permit for the Catoctin Power Project.  In accordance with COMAR 26.11.02.04B, the air quality provisions expire if, as determined by MDE, Air and Radiation Management Administration (ARMA):

 

Construction is not commenced within 18 months after the date of issuance of a final CPCN;

Construction is substantially discontinued for a period of 18 months or more after it has commenced; or

Construction is not completed within a reasonable period of time after the issuance of a final CPCN.

No change.

 

Agreed

PPRP-9             

At least 60 days prior to the anticipated date of start-up of the combustion turbines, Catoctin Power shall submit to ARMA:

 

a)      An application for a temporary permit to operate; and

b)      The required documentation confirming the acquisition of nitrogen oxides (NOx) allowances from sources approved by ARMA for the first ozone season in which the facility will operate.

No change.

 

Agreed

PPRP-10         

All requirements pertaining to air quality that apply to Catoctin Power shall apply to all subsequent owners and/or operators of the facility.  In the event of any change in control or ownership, Catoctin Power shall notify the succeeding owner/operator of the existence of the requirements of this CPCN pertaining to air quality by letter and shall send a copy of that letter to MDE ARMA.

No change.

 

Agreed

PPRP-11         

The Catoctin Power facility is subject to all applicable federally enforceable State air quality requirements including, but not limited to, the following regulations:

 

a)      COMAR 26.11.01.04A-C Requires Catoctin Power to follow test methods in §C of this regulation to determine compliance.  ARMA may require Catoctin Power to install, use, and maintain monitoring equipment or employ other methods as specified by ARMA to determine the quantity or quality, or both, of emissions discharged into the atmosphere and to maintain records and make reports on these emissions to ARMA in a manner and on a schedule approved by ARMA or the control officer.

b)      COMAR 26.11.01.05-1 Emissions Statements—Requires Catoctin Power to submit a certified, facility-wide emissions statement to ARMA by April 1st of each year. 

c)      COMAR 26.11.01.07C Malfunctions and Other Temporary Increases of Emissions—Requires Catoctin Power to report the onset and the termination of the occurrence of excess emissions, expected to last or actually lasting for 1 hour or more, to ARMA by telephone. 

d)      COMAR 26.11.02.19A Fee Schedule—Requires Catoctin Power to pay annual Title V operating permit fees.

e)      COMAR 26.11.03.01 Applicability and General Requirements—Requires Catoctin Power to apply for and obtain a Title V (Part 70) operating permit.

f)       COMAR 26.11.06.02C(1) Visible Emissions—Prohibits Catoctin Power from causing or permitting the discharge of emissions from any installation or building, other than water in an uncombined form, which is greater than 20% opacity.  The visible emissions standards in §C of COMAR 26.11.06.02C do not apply to emissions during startup and process modifications or adjustments, or occasional cleaning of control equipment, if: (a) the visible emissions are not greater than 40% opacity; and (b) the visible emissions do not occur for more than 6 consecutive minutes in any 60-minute period. 

g)      COMAR 26.11.06.03C(1) Particulate Matter From Unconfined Sources—Prohibits Catoctin Power from causing or permitting emissions from an unconfined source without taking reasonable precautions to prevent particulate matter from becoming airborne.

h)      COMAR 26.11.06.03D Particulate Matter From Materials Handling and Construction—Prohibits Catoctin Power from causing or permitting any material to be handled, transported, or stored, or a building, its appurtenances, or a road to be used, constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne.

i)        COMAR 26.11.06.14 Control of PSD Sources—Which prohibits Catoctin Power from constructing, modifying, or operating, or causing to be constructed, modified, or operated, a Prevention of Significant Deterioration (PSD) source, as defined in COMAR 26.11.01.01B(37), which will result in violation of any provision of 40 CFR §52.21, 2002 edition, except that the reviewing authority is the Department instead of the U.S. EPA Administrator unless otherwise specified in 40 CFR §52.1116, and the applicable procedures are those set forth in COMAR 26.11.02.

j)        COMAR 26.11.17.03B(3) Requirements for Major New Sources and Modifications, General Conditions—Requires Catoctin Power to meet the reasonable further progress requirements in §173(a)(1)(A) of the Clean Air Act by obtaining emission reductions (offsets) of the same pollutant from existing sources in the area of the proposed source, whether or not under the same ownership, at a minimum ratio of 1.3 to 1 for sources of NOx and VOCs in Frederick County, Maryland.

 

No change.

 

 

 

Agreed

PPRP-12        P

The Catoctin Power facility is subject to all applicable State-only enforceable air quality requirements including, but not limited to, the following regulations:

a)      COMAR 26.11.02.13A(2) Sources Subject to Permits to Operate—Requires Catoctin Power to obtain a State Permit to Operate;

b)      COMAR 26.11.02.19C Information Required to be Maintained by Source—Requires Catoctin Power to maintain records necessary to support the emission certification.

c)      COMAR 26.11.02.19D Emission Certification—Requires Catoctin Power to certify, as provided at Regulation .02F of this chapter, the actual emissions of regulated air pollutants from all installations at the plant or facility.  Certification shall be on a form obtained from ARMA and shall be submitted to ARMA not later than April 1 of the year following the year for which certification is required. An emission certification submitted pursuant to this section and which contains all information required by COMAR 26.11.01.05-1, for NOx and VOC, satisfies the requirements of COMAR 26.11.01.05-1.

d)          COMAR 26.11.06.08 Nuisance—Prohibits Catoctin Power from operating or maintaining a source in such a manner that a nuisance is created.

e)          COMAR 26.11.06.09 Odors—Prohibits Catoctin Power from causing or permitting the discharge into the atmosphere of gases, vapors, or odors beyond the property line in such a manner that a nuisance or air pollution is created.

No change.

 

Agreed

PPRP-13        P

The combustion turbines and associated duct burners and heat recovery steam generators at the Catoctin Power facility are each subject to all applicable federally enforceable State air quality requirements including, but not limited to, the following regulations:

a)      COMAR 26.11.06.12 Control of NSPS Sources—Prohibits Catoctin Power from constructing, modifying, or operating, or causing to be constructed, modified, or operated, a New Source Performance Standard (NSPS) source as defined in COMAR 26.11.01.01C, which results or will result in violation of the provisions of 40 CFR 60, 2002 edition.

b)      COMAR 26.11.09.05A(1) Visible Emissions—Except as provided in COMAR 26.11.09.05A(3), prohibits Catoctin Power from causing or permitting the discharge of emissions from any fuel burning equipment, other than water in an uncombined form, which is greater than 20% opacity. 

c)      COMAR 26.11.09.08G(2) Control of NOx Emissions for Major Stationary Sources, Requirements for Fuel-Burning Equipment with a Capacity Factor of 15 Percent or Less, and Combustion Turbines with a Capacity Factor Greater than 15 Percent—Limits Catoctin Power, as the owner/operator of a CT with a capacity factor greater than 15%, to an hourly average NOx emission rate of not more than 42 ppm when burning gas (dry volume at 15% oxygen) or to meeting applicable Prevention of Significant Deterioration limits, whichever is more restrictive.

d)      COMAR 26.11.09.08B(2) Control of NOx Emissions for Major Stationary Sources, Demonstration of Compliance—Requires Catoctin Power to demonstrate compliance with 26.11.09.08 as follows:

i.               For installations equipped with a continuous emissions monitor (CEM), compliance with the NOx emissions standards in this regulation shall be established using CEM data; or

ii.             For all other installations, compliance with the NOx emissions standards in this regulation shall be established by stack tests using Method 7 of the test methods referenced in COMAR 26.11.01.04C(1) or other test methods approved by ARMA and the EPA.

e)      COMAR 26.11.17.03B(2) Requirements for Major New Sources and Modifications, General Conditions—Requires Catoctin Power to meet an emission limitation which specifies the lowest achievable emission rate for the source for emissions of NOx and VOCs.

f)       COMAR 26.11.29 and .30 NOx Reduction and Trading Program—Requires Catoctin Power to hold an allowance for each ton of NOx emissions from the combustion turbines by the reconciliation date of November 30 of each calendar year.

g)      COMAR 26.11.30.03  NOx Reduction and Trading Program—Requires Catoctin Power to follow the policies and procedures relating to Maryland’s NOx Reduction and Trading Program.

No change.

 

Agreed

PPRP-14        P

The combustion turbines are subject to NSPS 40 CFR 60, Subpart GG – Standards of Performance for Stationary Gas Turbines, and related provisions of 40 CFR §60.7 and §60.8, which contain various requirements for emission limitations, monitoring, testing, recordkeeping, and reporting, including but not limited to the following:

a)      Standard for NOx (40 CFR 60.332(a)(1))— On and after the date on which the performance test required by 40 CFR §60.8 is completed, Catoctin Power shall not cause to be discharged into the atmosphere any gases that contain NOx in excess of 75 ppmvd at 15% oxygen on a 1-hr average basis.

b)         Standard for SO2 (40 CFR 60.333(b))— On and after the date on which the performance test required by 40 CFR §60.8 is completed, Catoctin Power shall not burn any fuel which contains total sulfur in excess of 0.8 percent by weight. 

c)         Monitoring of Operations (40 CFR 60.334(e)-(f))—Catoctin Power:

 

i.       May elect to use a NOx CEMS installed, certified, operated, maintained, and quality-assured as described 40 CFR Section 60.334(b);

ii.       May instead perform acceptable continuous parameter monitoring described in 40 CFR Section 334(f):

A.     For any lean premix stationary combustion turbine, Catoctin Power shall continuously monitor the appropriate parameters to determine whether the unit is operating in the lean premixed (low-NOx) combustion mode.

 

         B.      For any turbine that uses SCR to reduce NOx emissions, Catoctin Power shall continuously monitor appropriate parameters to verify the proper operation of the emission controls.

C.      For affected units that are also regulated under 40 CFR Part 75, if Catoctin Power elects to monitor the NOx emission rate using the methodology in appendix E to 40 CFR Part 75, or the low mass        emissions methodology in 40 CFR §75.19, the requirements of this paragraph may be met by performing the parametric monitoring described in Section 2.3 of Appendix E of 40 CFR Part 75 or in 40 CFR §7519(c)(1)(iv)(H).

d)      Monitoring of Operations (40 CFR 60.334((g))

i.               The parameters that are continuously monitored as described in paragraphs (a), (d), or (f) of 40 CFR §60.334 shall be monitored during the performance test required under §60.8, to establish acceptable values and ranges. Catoctin Power may supplement the performance test data with engineering analyses, design specifications, manufacturer's recommendations and other relevant information to define the acceptable parametric ranges more precisely.

ii.             Catoctin Power shall develop and keep on-site a parameter monitoring plan which explains the procedures used to document proper operation of the NOx emission controls. The plan shall include the parameter(s) monitored and the acceptable range(s) of the parameter(s) as well as the basis for designating the parameter(s) and acceptable range(s). Any supplemental data that Catoctin Power believes is necessary to clarify or support the plan, such as engineering analyses, design specifications, manufacturer's recommendations and other relevant information shall be included in the plan.

iii.            If Catoctin Power uses the low mass emissions methodology in 40 CFR 75.19 or the NOx emission measurement methodology in Appendix E to 40 CFR Part 75, the company may meet the requirements of this paragraph by developing and keeping on-site (or at a central location for unmanned facilities) a quality-assurance plan, as described in 40 CFR §75.19 (e)(5) or in Section 2.3 of Appendix E and Section 1.3.6 of Appendix B to 40 CFR Part 75.

e)      Monitoring of Operations (40 CFR 60.334(h))—In lieu of monitoring the total sulfur content of the fuel being fired in the turbines, Catoctin Power shall demonstrate that the fuel meets the definition of natural gas in 40 CFR §60.331(u), as demonstrated by one of the methods specified in 40 CFR 60.334(h)(3)(i) or (ii).

f)       Monitoring of Operations (40 CFR 60.334(j))—Catoctin Power shall submit reports of excess emissions and monitor downtime in accordance with 40 CFR 60.7(c).  Excess emissions shall be reported for all periods of unit operation, including startup, shutdown and malfunction.  Periods of excess emissions and monitor downtime for the purposes of reports required by 40 CFR 60.7(c) are as outlined in 40 CFR 60.334(j)(1) for NOx and 40 CFR 60.334(j)(2) for SO2.  All reports required under 40 CFR 60.7(c) shall be postmarked by the 30th day following the end of each calendar quarter.

g)      Test Methods and Procedures (40 CFR 60.335)

i.               Catoctin Power shall conduct performance tests according to applicable requirements in 40 CFR 60.335(a) and 60.335(b)(7);

ii.             Catoctin Power shall determine compliance with the NOx emissions limitation in Condition 14(a) according to applicable procedures in 40 CFR 60.335(b)(1)-(3).  The 3-run performance test required by 40 CFR 60.8 must be performed within +5 percent at 30, 50, 75, and 90-to-100 percent of peak load or at four evenly-spaced load points in the normal operating range of the gas turbine, including the minimum point in the operating range and 90-to-100 percent of peak load, or at the highest achievable load point if 90-to-100 percent of peak load cannot be physically achieved in practice.

No change.

 

Agreed

PPRP-15        P

The duct burners associated with the Catoctin Power combustion turbines are subject to NSPS Subpart Da-Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978, and related provisions of 40 CFR §60.7 and §60.8, including, but not limited to the following: 

a)      Standard for Particulate Matter (40 CFR 60.42a(a)(1))--On and after the date on which the performance test required to be conducted under 40 CFR §60.8 is completed, Catoctin Power shall not cause to be discharged into the atmosphere from any affected facility any gases which contain filterable particulate matter in excess of 13 ng/J (0.03 lb/million Btu) heat input.

b)      Standard for Particulate Matter (40 CFR 60.42a(b))—On and after the date the particulate matter performance test required to be conducted under 40 CFR §60.8 is completed, Catoctin Power shall not cause to be discharged into the atmosphere from any affected facility any gases which exhibit greater than 20% opacity (6-minute average), except for one 6-minute period per hour of not more than 27% opacity;

c)      Standard for SO2 (40 CFR 60.43a(b))—On and after the date the particulate matter performance test required to be conducted under 40 CFR §60.8 is completed, Catoctin Power shall not cause to be discharged into the atmosphere from any affected facility any gases which contain sulfur dioxide in excess of 86 ng/J (0.20 lb/million Btu) heat input;

d)      Standard for NOx (40 CFR 44a(d)(1))—On and after the date on which the initial performance test required to be conducted under 40 CFR §60.8 is completed, Catoctin Power shall not cause to be discharged into the atmosphere any gases which contain nitrogen oxides (expressed as NO2) in excess of 200 nanograms per joule (1.6 pounds per megawatt-hour) gross energy output, based on a 30-day rolling average, except as provided under 40 CFR §60.46a(k)(1), which states that compliance with this NOx standard for the duct burners used in combined cycle systems shall be determined by compliance with the following:

i.               The emission rate (E) of NOx shall be computed using Equation 1 of this section:

 E = [(Csg x Qsg) - (Cte x Qte)] / (Osg x h)                (Eq. 1)
  Where:
E = emission rate of NOx from the duct burner, ng/J (lb/Mwh) gross output
Csg = average hourly concentration of NOx exiting the steam generating unit, ng/dscm (lb/dscf)
Cte = average hourly concentration of NOx in the turbine exhaust upstream from duct burner, ng/dscm (lb/dscf)
Qsg = average hourly volumetric flow rate of exhaust gas from steam generating unit, dscm/hr (dscf/hr)
Qte = average hourly volumetric flow rate of exhaust gas from combustion turbine, dscm/hr (dscf/hr)
Osg = average hourly gross energy output from steam generating unit, J (Mwh)
h = average hourly fraction of the total heat input to the steam generating unit derived from the combustion of fuel in the affected duct burner

ii.             Method 7E of 40 CFR Part 60 Appendix A shall be used to determine the NOx concentrations (Csg and Cte).  Method 2, 2F or 2G of Appendix A of 40 CFR Part 60, as appropriate, shall be used to determine the volumetric flow rates (Qsg and Qte) of the exhaust gases. The volumetric flow rate measurements shall be taken at the same time as the concentration measurements.

iii.            Catoctin Power shall provide information satisfactory to the Administrator or demonstrate the average hourly gross energy output from the steam generating unit, and the average hourly percentage of the total heat input to the steam generating unit derived from the combustion of fuel in the affected duct burner.

iv.           Compliance with the emissions limits under 40 CFR §60.44a (d)(1) is determined by the three-run average (nominal 1-hour runs) for the initial and subsequent performance tests.

e)        Compliance Provisions (40 CFR 60.46a(a)-(c))—NOx, PM, and SO2 limits in this Subpart (herein Condition 15(a)-(d)) shall apply at all times, except during periods of startup, shutdown, or malfunction.

f)    Compliance Provisions (40 CFR 60.46a(e))—After the initial performance test required under §60.8, compliance with the SO2 emission limitations and percentage reduction requirements under §60.43a and the NOx emission limitations under §60.44a is based on the average emission rate for 30 successive boiler operating days. A separate performance test is completed at the end of each boiler operating day after the initial performance test, and a new 30 day average emission rate for both SO2 and NOx and a new percent reduction for SO2 are calculated to show compliance with the standards.

g)         Compliance Provisions (40 CFR 60.46a(f))— For the initial performance test required under §60.8, compliance with the SO2 emission limitations and percent reduction requirements under 40 CFR §60.43a and the NOx emission limitation under 40 CFR § 60.44a is based on the average emission rates for SO2, NOx, and percent reduction for SO2 for the first 30 successive boiler operating days. The initial performance test is the only test in which at least 30 days prior notice is required unless otherwise specified by the Administrator. The initial performance test is to be scheduled so that the first boiler operating day of the 30 successive boiler operating days is completed within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of the facility.

h)      Compliance Provisions (40 CFR 60.46a(g))—Compliance is determined by calculating the arithmetic average of all hourly emission rates for SO2 and NOx for the 30 successive boiler operating days, except for data obtained during startup, shutdown, malfunction (NOx only), or emergency conditions (SO2 only). Compliance with the percentage reduction requirement for SO2 is determined based on the average inlet and average outlet SO2 emission rates for the 30 successive boiler operating days;

i)        Compliance Provisions (40 CFR 60.46a(i))—Catoctin Power shall calculate NOx emissions by multiplying the average hourly NOx output concentration, measured according to the provisions of 40 CFR §60.47a(c), by the average hourly flow rate, measured according to the provisions of 40 CFR §60.47a(l), and divided by the average hourly gross energy output, measured according to the provisions of 40 CFR §60.47a(k).

j)        Emissions Monitoring (40 CFR 60.47a(c)(1)-(2) and (d)-(f))—(1) Catoctin Power shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS), and record the output of the system, for measuring NOx emissions discharged to the atmosphere; or (2) if the owner or operator has installed a NOx emission CEMS to meet the requirements of 40 CFR Part 75 and is continuing to meet the ongoing requirements of 40 CFR Part 75, that CEMS may be used to meet the requirements of this condition, except that the owner or operator shall also meet the requirements of 40 CFR §60.49a. Data reported to meet the requirements of 40 CFR § 60.49a shall not include data substituted using the missing data procedures in subpart D of part 75 of this chapter, nor shall the data have been bias adjusted according to the procedures of 40 CFR Part 75.

Catoctin Power shall install, calibrate, maintain, and operate a CEMS, and record the output of the system, for measuring the oxygen or carbon dioxide content of the flue gases at each location where SOx or NOx emissions are monitored.  CEMS operated under this condition are operated and data recorded during all periods of operation of the affected facility, including periods of startup, shutdown, malfunction or emergency conditions, except for continuous monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, and according to procedures in 40 CFR 60.47a. 

k)      Compliance Provisions (40 CFR 60.48a(a)) which requires that in conducting the performance tests required in 40 CFR §60.8, Catoctin Power use as reference methods and procedures the methods in Appendix A of 40 CFR Part 60 or the methods and procedures as specified in 40 CFR 60.48a, except as provided in 40 CFR §60.8(b); Subpart Da 40 CFR 60.48a requires that Catoctin Power determine compliance with the particulate matter, SO2, and NOx standards through methods and procedures as spelled out in sections 40 CFR 60.48a(b), (c) and (d).

l)        Reporting Requirements (40 CFR 60.49a) requires Catoctin Power to submit to the Administrator the performance test data for SO2, NOx, and particulate matter emissions according to the specifications in 40 CFR 60.49a; and 40 CFR 60.49a(f) requires that, for any periods for which opacity, SOx or NOx emissions data are not available, Catoctin Power must submit a signed statement indicating if any changes were made in operation of the emission control system during the period of data unavailability. Operations of the control system and affected facility during periods of data unavailability are to be compared with operation of the control system and affected facility before and following the period of data unavailability.

No change.

 

Agreed

PPRP-16        P

The combustion turbines and associated duct burners and heat recovery steam generators are subject to all applicable permitting provisions of the Acid Rain program under 40 CFR Part 72, including, but not limited to:

a)      Subpart A 72.9(b)(1) requires Catoctin Power, to the extent applicable, to comply with monitoring requirements in 40 CFR Part 75;

b)      Subpart A 72.9(c) requires Catoctin Power to hold allowances in the unit’s compliance subaccount not less than the total annual emissions of SO2 for the previous year and comply with applicable Acid Rain limits for SO2;

c)      Subpart A 72.9(e) requires Catoctin Power to submit a proposed offset plan if emission limitations are exceeded; and

d)      Subpart A 72.9(f) requires Catoctin Power, unless otherwise provided, to retain required documents for a period of 5 years from the date that the document was created.  Documents may include, but are not limited to, certificates of representation, emissions monitoring information, copies of reports, compliance certifications, and other documentation pertaining to the Acid Rain program.

No change.

 

Agreed

PPRP-17        P

The combustion turbines and associated duct burners and heat recovery steam generators are subject to all applicable monitoring provisions of the Acid Rain program under 40 CFR Part 75, including, but not limited to:

a)      Subpart A 75.4(b) which generally requires Catoctin Power, in accordance with 40 CFR 75.20, to ensure that all applicable monitoring systems for SO2, NOx, carbon dioxide (CO2), and volumetric flow required under 40 CFR Part 75 to be installed and all certification tests completed not later than 90 days after the date the unit commences commercial operation;

b)      Subpart B 75.10 which generally requires Catoctin Power to measure, as applicable, opacity, SO2, NOx, and CO2 emissions; and to ensure that continuous emission monitoring systems required by  40 CFR Part 75 meet the equipment, installation, and performance specifications in 40 CFR Part 75; and are maintained according to the quality assurance and quality control procedures in this part;

c)      Subpart F 75.53(a) which generally requires Catoctin Power to prepare a monitoring plan with sufficient information on applicable continuous opacity or emissions monitoring systems to demonstrate that all SO2, NOx, CO2 emissions and opacity, as required, are monitored and reported;

d)      Subpart F 75.57(a) which requires Catoctin Power to keep a file for each affected unit of all measurements, data, reports, and other information required by 40 CFR Part 75 in a form suitable for inspection for at least 3 years from the date of each record;

e)      Subpart F 75.57(b)-(f) which require Catoctin Power to record various operations, emissions, and other information, as specified; and

f)       Subpart G 75.60(a) and (b) which generally require Catoctin Power to comply with all reporting requirements, with all signatory requirements of §72.21 of this chapter for all submissions, and with all required certifications and reports.

No change.

 

Agreed

PPRP-18        P

The emergency diesel generator and the firewater pump engine at the Catoctin Power facility and the emergency diesel generator at the water supply pump house are each subject to all applicable federally enforceable State air quality requirements including, but not limited to, the following regulations:

a)      COMAR 26.11.09.05B(2)-(4) Visible Emissions Stationary Internal Combustion Engine Powered Equipment—Prohibits Catoctin Power from causing or permitting the discharge of emissions from any engine:

i. operating at idle at an opacity greater than 10%; or

ii. at conditions other than idle at an opacity greater than 40%. 

Exceptions: 

Condition 18(a)(i) does not apply for a period of 2 consecutive minutes after a period of idling of 15 consecutive minutes for the purpose of clearing the exhaust system; and does not apply to emissions resulting directly from cold engine startup and warm-up for the following maximum periods: (i) Engines that are idled continuously when not in service: 30 minutes; (ii) All other engines: 15 minutes;

Conditions 18(a)(i) and (ii) do not apply while maintenance, repair, or testing is being performed by qualified mechanics.

b)      COMAR 26.11.09.07A(1)(c) Control of Sulfur Oxides from Fuel Burning Equipment—Prohibits Catoctin Power from burning, selling, or making available for sale any fuel with a sulfur content by weight in excess of 0.3% for distillate fuel oils.

c)      COMAR 26.11.17.03B(2) Requirements for Major New Sources and Modifications, General Conditions—Requires Catoctin Power to meet an emission limitation which specifies the lowest achievable emission rate for the source for emissions of NOx and VOCs.

No change.

 

Agreed

PPRP-19        P

The cooling tower at the Catoctin Power facility is subject to all applicable federally enforceable State air quality requirements including, but not limited to, the following regulations:

a)      COMAR 26.11.06.02C(1) Visible Emissions—Prohibits Catoctin Power from causing or permitting the discharge of emissions from any installation or building, other than water in an uncombined form, which is greater than 20% opacity.  The visible emissions standards in §C of this regulation do not apply to emissions during startup and process modifications or adjustments, or occasional cleaning of control equipment, if:  (a) the visible emissions are not greater than 40% opacity; and (b) the visible emissions do not occur for more than 6 consecutive minutes in any 60-minute period.

b)      COMAR 26.11.06.03B(1)(a) Particulate Matter (confined sources)—Prohibits Catoctin Power from causing or permitting particulate matter emissions to be discharged from any source in excess of 0.05 gr/scfd (115 kg/dscm).

No change.

 

Agreed

PPRP-20        P

Catoctin Power shall employ Best Available Control Technology (BACT) to control emissions of particulate matter (PM10), carbon monoxide (CO), sulfur dioxide (SO2), and nitrogen oxides (NOx) from the combustion turbines and associated duct burners and heat recovery steam generators.

a)      Emissions shall not exceed the following BACT standards, except during periods of startup, shutdown and malfunction:

[Table Not Inserted]

b)      Catoctin Power shall submit a report to ARMA twice each year, by April 1st and October 1st of each year that summarizes separately the date, time, and duration of each startup, shutdown, or malfunction that occurred at each combustion turbine during the prior period.

Catoctin Power shall employ the following Best Available Control Technology (BACT) to control emissions of particulate matter (PM10), carbon monoxide (CO), sulfur dioxide (SO2), and nitrogen oxides (NOx) from the combustion turbines and associated duct burners and heat recovery steam generators:.

* * * *

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power believes the paraphrasing proposed for the lead paragraph is confusing and subject to misinterpretation.  For example, the paraphrasing could be interpreted to mean that Catoctin Power has an ongoing obligation to retrofit with best available control technology regardless of whether Catoctin Power has modified the facility.  This interpretation is not consistent with the law.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

 

Agreed

PPRP-21        P

Catoctin Power shall design the nominal 1,000-kilowatt emergency diesel generator at the Catoctin Power facility to meet the following Best Available Control Technology (BACT) standards for sulfur dioxide (SO2), particulate matter (PM10), carbon monoxide (CO), and nitrogen oxides (NOx).  The generator will be designed to meet Tier 1 offroad diesel engine standards.  Emissions from the unit shall be designed to achieve the following BACT emission limits:

 

[Table Not Inserted]

No change.

 

Agreed

PPRP-22        P

Catoctin Power shall design the nominal 350-kilowatt emergency diesel generator at the water supply pump house to meet the following Best Available Control Technology (BACT) standards for sulfur dioxide (SO2), particulate matter (PM10), carbon monoxide (CO), and nitrogen oxides (NOx) from the emergency diesel generator.  The generator will be designed to meet Tier 1 offroad diesel engine standards.  Emissions from the unit shall be designed to achieve the following BACT emission limits:

 

[Table Not Inserted]

No change.

 

Agreed

PPRP-23         

Catoctin Power shall design the firewater pump engine to meet the following Best Available Control Technology (BACT) standards for particulate matter (PM10), carbon monoxide (CO), sulfur dioxide (SO2), and nitrogen oxides (NOx) from the firewater heater engine.  Emissions shall be designed to achieve the emission limits:

 

[Table Not Inserted]

No change.

 

Agreed

PPRP-24         

Catoctin Power shall design the cooling tower to meet the following Best Available Control Technology (BACT) standards for particulate matter (PM10) from the cooling tower.  Emissions shall be designed to achieve the following BACT emission limits:

 

[Table Not Inserted]

No change.

 

Agreed

PPRP-25         

Emissions from the combustion turbines and associated duct burners and heat recovery steam generators shall meet the following Lowest Achievable Emission Rate (LAER) standards, except during periods of startup, shutdown, and malfunction:

a)         NOx emissions shall not exceed 2.0 parts per million on a dry weight basis (ppmvd), corrected to 15 percent oxygen on a 1-hour average basis without duct firing, and 2.5 ppmvd corrected to 15 percent oxygen on a 1-hour average basis when duct firing.

b)      VOC emissions shall not exceed 0.7 parts per million on a dry weight basis (ppmvd), corrected to 15 percent oxygen, on a 3-hour average basis without duct firing, and 1.3 parts per million on a dry weight basis (ppmvd), corrected to 15 percent oxygen, on a 1-hour average basis when duct firing.

c)      The definitions in Condition 4 apply to this condition.

No change.

 

Agreed

PPRP-26        P

Emissions from the emergency diesel generator at the Catoctin Power facility shall be designed to meet the following emission limits to meet Lowest Achievable Emission Rate (LAER) standards:

a)      NOx emissions shall not exceed 20.4 pounds per hour on a 3-hour average basis.

b)      VOC emissions shall not exceed 1.5 pounds per hour on a 3-hour average basis.

No change.

 

Agreed

PPRP-27        P

Emissions from the emergency diesel generator at the water supply pump house shall be designed to meet the following emission limits to meet Lowest Achievable Emission Rate (LAER) standards:

a)      NOx emissions shall not exceed 7.1 pounds per hour on a 3-hour average basis.

b)      VOC emissions shall not exceed 0.5 pounds per hour on a 3-hour average basis.

No change.

 

Agreed

PPRP-28        P

Emissions from the firewater pump engine shall be designed to meet the following emission limits to meet Lowest Achievable Emission Rate (LAER) standards:

a)      NOx emissions shall not exceed 11.5 pounds per hour on a 3-hour average basis.

b)      VOC emissions shall not exceed 0.9 pounds per hour on a 3-hour average basis.

No change.

 

Agreed

PPRP-29        P

The combustion turbines and associated duct burners and heat recovery steam generators shall be limited to the following:

a)      Operation of each duct burner shall not exceed 577 million Btu per hour (MMBtu/hr, higher heating value) each, and 2,308,000 million Btu during any consecutive 12-month period.

b)      Each duct burner shall operate for no more than 4,000 hours during any consecutive 12-month period.

c)      The duct burners shall not operate during periods of startup or shutdown.

No change.

 

Agreed

PPRP-30        P

Emissions from the combustion turbines and associated duct burners and heat recovery steam generators shall not exceed the following during any consecutive 12-month period, including emissions during periods of startup and shutdown:

 

[Table Not Inserted]

 

No change.

 

Agreed

PPRP-31        P

Facility-wide emissions shall be limited to the following in any consecutive 12-month rolling period:

 

[Table Not Inserted]

 

No change.

 

Agreed

PPRP-32        P

At least 30 days prior to conducting any compliance stack test, Catoctin Power shall submit a test protocol to ARMA for review and approval. 

a)      Compliance stack testing shall be conducted in accordance with ARMA Technical Memorandum (TM) 91-01, "Test Methods and Equipment Specifications for Stationary Sources" (January 1991), as amended by Supplement 1 (1 July 1991), 40 CFR 51, 40 CFR 60, or subsequent test protocols approved by ARMA. 

b)      Compliance testing for particulate matter emissions from the combustion turbines shall be conducted according to EPA Method 8 and EPA Method 202.

c)      Test ports shall be located in accordance with TM 91-01 (January 1991), or subsequent or alternative measures approved by ARMA.

No change.

 

Agreed

PPRP-33        P

Compliance stack testing of the combustion turbines shall be conducted within 180 days after initial startup to quantify pollutant emissions and demonstrate compliance with the emission limits specified in the CPCN for the following pollutants: NOx, SO2, PM10, and CO.

No change.

 

Agreed

PPRP-34        P

Catoctin Power shall meet applicable Compliance Assurance Monitoring Requirements of 40 CFR Part 64 for emissions of NOx, CO, and VOCs from the combustion turbines.

No change.

 

Agreed

PPRP-35        P

Testing of the combustion turbines shall be performed when operating at a minimum of 90% of the design turbine load for compressor inlet conditions.  If testing cannot be performed at the minimum turbine load, then the actual turbine load during testing shall become the allowable permitted turbine load.

No change.

 

Agreed

PPRP-36        P

Within 60 days after completing the initial stack tests, Catoctin Power shall provide ARMA copies of the testing results.

No change.

 

Agreed

PPRP-37        P

In accordance with COMAR 26.11.01.04A, Catoctin Power may be required by ARMA to conduct additional stack tests to determine compliance with COMAR Title 26, Subtitle 11.  This testing will be done at a reasonable time.

No change.

 

Agreed

PPRP-38        P

Final results of each compliance stack test must be submitted to ARMA within 60 days after completion of the test.  Analytical data shall be submitted to ARMA directly from the emission testing company.

No change.

 

Agreed

PPRP-39        P

Catoctin Power shall furnish written notification to ARMA and EPA of the following events:

 

a)      the date construction commenced within 30 days after such date;

 

b)      the anticipated startup date, not more than 60 or less than 30 days prior to such date;

 

c)      the actual startup date within 15 days after such date; and

 

d)      the anticipated date of compliance stack testing at least 30 days prior to such date.

No change.

 

Agreed

PPRP-40        P

Catoctin Power shall certify the actual emissions of regulated pollutants from the facility.

 

a)      Certification shall be on a form obtained from ARMA and shall be submitted to ARMA no later than April 1 of the year following the year for which certification is required.

 

b)      The individual making the certification shall certify that the information is accurate to the individual's best knowledge.  The certifying individual shall be:

 

i)              familiar with each source for which the certification form is submitted; and

 

ii)             responsible for the accuracy of the emission information.

No change.

 

Agreed

PPRP-41        P

All records and logs required by this CPCN shall be maintained at the facility for at least 5 years after the completion of the calendar year in which they were collected.  These data shall be readily available for inspection by representatives of ARMA.

No change.

 

Agreed

PPRP-42        P

All air quality notifications and reports required by this CPCN shall be submitted to:

 

Administrator, Compliance Program

Air and Radiation Management Administration

1800 Washington Boulevard

Baltimore, Maryland  21230

No change.

 

Agreed

PPRP-43         

All notifications and reports required by 40 CFR 60 and Subpart GG, Subpart Da, and the Acid Rain provisions, unless specified otherwise, shall be submitted to:

 

Regional Administrator, US Environmental Protection Agency

Region III

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029

No change.

 

Agreed

PPRP-44        P

Prior to construction but not later than 18 months following issuance of the CPCN, Catoctin Power shall provide to MDE Water Management Administration, PPRP and the PSC definitive notice selecting which water supply option will be used (i.e., Potomac River water and/or reclaimed water).  The approval for the allocation of water will expire if the notice is not provided within 18 months of issuance of the CPCN, unless the time limit is extended for good cause, at the discretion of the MDE Water Management Administration, upon written request to the MDE Water Management Administration.  Conditions for two options are provided herein because Catoctin Power has not selected which water supply option will be used.  Conditions 45 to 54 will apply if the river water option is selected and conditions 55 to 60 will apply if the reclaimed water option is selected.  Conditions 61 to 70 relative to low flow augmentation storage will apply to both options.

No change.

 

Agreed

PPRP-45        P

This CPCN authorizes Catoctin Power to appropriate and use surface waters of the State.  Appropriation means a withdrawal, movement, or diversion of water from its source of natural occurrence.  The appropriation will be tracked under MDE Water Management Administration permit number XXXXX.  The surface water appropriation will be subject to the following conditions:

 

a)     Allocation.  The surface water withdrawal granted by this appropriation is limited to a daily average of 2,500,000 gallons on a yearly basis and a maximum daily withdrawal of 4,100,000 gallons.

 

b)     Source.  The water shall be withdrawn from the Potomac River.

 

c)     Location.  If a right-of-way permit from the C&O Canal National Historical Park is required to access the C&O Canal National Historical Park, the exact point of withdrawal on the Potomac River shall be determined after the National Park Service issues the right-of-way permit.  If a right-of-way permit from the National Park Service is not required, the exact point of withdrawal from the Potomac River shall be as agreed upon by Catoctin Power and MDE Water Management Administration.  The final approved point of withdrawal will be provided to MDE Water Management Administration concurrent with the notification required under Condition 44.  Only one location of water withdrawal will be approved for use.

 

d)     Use.  The water shall be used for wet cooling of steam condensers. 

 

*  *  *  *

 

d)  Use.  The water shall be used  Catoctin Power may use the water shall be used for wet cooling of steam condensers and for fire suppression.

 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned with the language proposed in subsection d).  Catoctin Power has requested authorization to use Potomac River water for both wet cooling of steam condensers and fire suppression.  Catoctin Power has clarified this in a letter  to PPRP. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-46        P

Initiation of Withdrawal.  Catoctin Power shall notify MDE Water Management Administration by certified mail when withdrawals for the uses specified in this appropriation have been initiated.  This appropriation shall expire if water withdrawal is not commenced within two years after the effective date of issuance of the CPCN.  The time limit may be extended for good cause, at the discretion of MDE Water Management Administration, upon written request to MDE Water Management Administration prior to the expiration of the two-year period.  Withdrawal associated with plant testing and startup qualifies as initiation.

Initiation of Withdrawal.  Catoctin Power shall notify MDE Water Management Administration by certified mail when withdrawals for the uses specified in this appropriation have been initiated.  Construction, reconstruction, or repair shall begin or appropriation or use of water shall be completed within two years after the effective date of issuance of the CPCN.  Construction, reconstruction, or repair of reservoirs, dams or waterway obstructions shall be completed not more than 5 years from the date of issuance of the CPCN.   This appropriation shall expire if water withdrawal is not commenced within two years after the effective date of issuance of the CPCN.  These time limits may be extended for good cause, at the discretion of MDE Water Management Administration, upon written request to MDE Water Management Administration prior to the expiration of the applicable two-year period.  Withdrawal associated with plant testing and startup qualifies as initiation.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power does not support the language included in the second sentence.  Catoctin Power’s understanding from PPRP is that the second sentence is intended to paraphrase Maryland Environment Code Section 5-510.  However, Catoctin Power does not believe the proposed paraphrasing is an accurate reflection of the law.  Therefore, Catoctin Power has drafted the Proposed Final Condition, which uses the specific language found in Section 5-510. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

PPRP-47        P

Change of Operations.  Catoctin Power shall report any anticipated change in appropriation, which may result in a new or different withdrawal, quantity, source, or method of use of water, to MDE Water Management Administration by submission of a modified or amended MDE Water Management Administration permit application.

No change.

 

Agreed

PPRP-48        P

Triennial Review.  MDE Water Management Administration shall review the appropriation every three years (triennial review).  Catoctin Power will be queried by the MDE Water Management Administration every three years regarding water withdrawal under the terms and conditions of this appropriation.  Failure of Catoctin Power to return the triennial review query to MDE Water Management Administration may result in suspension or revocation of this appropriation. 

No change.

 

Agreed

PPRP-49        P

Appropriation Renewal or Revision.  This appropriation will expire twelve years from the date that the CPCN was issued.  In order to renew the appropriation, Catoctin Power shall file a renewal application with MDE Water Management Administration no later than 45 days prior to the expiration.  MDE Water Management Administration may at any time (including triennial review or when a change application is submitted) revise any condition of this appropriation or add additional conditions concerning the character, amount, means and manner of the appropriation, which may be necessary to properly protect, control and manage the water resources of the state.  Condition revisions and additions will be accompanied by issuance of a revised appropriation. 

Appropriation Renewal or Revision.  This appropriation will expire  is for a period of twelve years from the date that the CPCN was issued.  In order to renew the appropriation, Catoctin Power shall file a renewal application with MDE Water Management Administration no later than 45 days prior to the expiration.  The MDE Water Management Administration shall review an active permit at least once every 3 years, or more frequently at the discretion of the MDE Water Management Administration.  During the permit review, the MDE Water Management Administration may at any time (including triennial review modify the permit to adjust the quantity of the water a permittee may appropriate or use or add a condition to the permit for resource management purposes, including avoidance or mitigation of unreasonable adverse impacts on public health, or the environment. or when a change application is submitted) revise any condition of this appropriation or add additional conditions concerning the character, amount, means and manner of the appropriation, which may be necessary to properly protect, control and manage the water resources of the state.  Condition revisions and additions will be accompanied by issuance of a revised appropriation. 

Catoctin Power generally supports the Draft Condition Currently In The Record   Catoctin Power’s understanding from PPRP is that this condition is intended to paraphrase MDE’s rights under COMAR 26.17.06.06.B(2).  However, Catoctin Power is concerned that the language could be interpreted to give MDE rights that extend beyond those that COMAR provides.  The Proposed Final Condition more accurately paraphrases COMAR.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-50        P

Right of Entry.  Catoctin Power shall allow authorized representatives of MDE Water Management Administration, PPRP and the Public Service Commission staff reasonable access to the facility at any reasonable time to conduct inspections and evaluations necessary to assure compliance with the conditions of this appropriation.  Catoctin Power shall provide such assistance as may be necessary to effectively and safely conduct such inspections and evaluations.

No change.

 

Agreed

PPRP-51        P

Appropriation Suspension or Revocation.  MDE Water Management Administration may suspend or revoke this appropriation upon violation of the conditions of this appropriation by Catoctin Power, or upon violation of any applicable regulation promulgated pursuant to Title 5 of the Environment Article, Annotated Code of Maryland (1996 replacement volume) as amended, subject to Catoctin Power’s right to an evidentiary hearing and rights of appeal.

Appropriation Suspension or Revocation.  MDE Water Management Administration may suspend or revoke this appropriation upon violation of the conditions of this appropriation by Catoctin Power, or upon violation by Catoctin Power of any applicable regulation promulgated pursuant to Title 5 of the Environment Article, Annotated Code of Maryland (1996 replacement volume) as amended, subject to Catoctin Power’s right to an evidentiary hearing and rights of appeal.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power would like to make clear that it is violations by Catoctin Power, as opposed to violations by third parties, that may result in suspension or revocation of the appropriation. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-52        P

Non-Transferable.  This appropriation is not transferable to a new owner unless the new owner acquires prior authorization to continue this appropriation by filing a new application with MDE Water Management Administration.  Authorization will be accomplished by issuance of a new appropriation permit by MDE Water Management Administration.

No change.

 

Agreed

PPRP-53        P

Drought Period Emergency Restrictions.  If MDE Water Management Administration determines that a drought period or emergency exists and Catoctin Power is not complying with COMAR 26.17.07, Catoctin Power may be required by MDE Water Management Administration’s to stop or reduce water withdrawal from the Potomac River.  Under these circumstances, any cessation or reduction of water withdrawal must continue for the duration of the drought period or emergency, or until MDE Water Management Administration directs Catoctin Power that water withdrawal under standard appropriation conditions may be resumed.

No change.

 

Agreed

PPRP-54        P

Catoctin Power shall conduct the following monitoring activities in support of the surface water appropriation:

 

a)          Flow Measurement.  Catoctin Power shall measure all water withdrawn under this appropriation by a method approved by MDE Water Management Administration.

 

b)          Withdrawal Reports.  Catoctin Power shall submit to MDE Water Management Administration, semi-annually (July-December, no later than January 31 and January-June, no later than July 31), water use records.  These records shall show the total quantity of surface water accepted by the facility each month, and the total quantity of water consumed by the facility each month.

No change.

 

Agreed

PPRP-55        P

Prior to construction, but not longer than 24 months following issuance of the CPCN, Catoctin Power shall provide to PPRP and the PSC for review and approval final design documentation, including, but not limited to, drawings, materials and equipment specifications, and Standard Operating Procedures (SOPs) related to the proposed means to chlorinate the reclaimed water and maintain the residual chlorine levels for a minimum of six hours prior to the time that the reclaimed water is used in the power plant’s cooling water makeup system, water quality monitoring systems, raw water storage, and proposed measures to appropriately manage the delivery of reclaimed water of an unacceptable quality due to an upset condition at the Ballenger Creek Wastewater Treatment Plant (WWTP) or the planned McKinney WWTP, as detailed in Conditions 56 through 58.

No change.

 

Agreed

PPRP-56        P

Catoctin Power shall chlorinate the effluent obtained from the Ballenger Creek WWTP or the planned McKinney WWTP source to sufficiently establish and maintain detectable free chlorine residual in the reclaimed water for a minimum of six hours prior to the time that the reclaimed water is used in the power plant’s cooling water makeup system.  Catoctin Power shall have the ability to add additional chlorine, if necessary, to reestablish the free chlorine residual for reclaimed water stored on site. 

No change.

 

Agreed

PPRP-57        P

Following receipt of reclaimed water from the County WWTP(s) and prior to entry in the on-site water storage tank, Catoctin Power shall as a minimum perform daily sampling and analyses for total suspended solids, pH, turbidity, fecal coliform, and free chlorine residual.  These tests shall be performed in accordance with procedures specified in 40 CFR 136, and the results maintained in the facility’s operating log.  Turbidity values greater than 5 Nephelometric Turbidity Units (NTU) shall result in effluent water unsuitable for use in the cooling water system.  Catoctin Power shall submit these analytical data to PPRP for interagency review once per quarter.

No change.

 

Agreed

PPRP-58         

Whenever exceedances of the 5 NTU threshold occur following the receipt of reclaimed water from the County WWTP (see Condition No. 57 for monitoring requirements), the following procedures shall apply:

 

a)          Catoctin Power shall promptly contact the WWTP to ascertain and document in detail in the operating log the following information: whether an upset condition has occurred and, if so, the nature of the upset, the time when the upset occurred, and the estimated time for correcting the condition.

 

b)          For minor upsets (defined as those conditions that have already been corrected by the time they are detected at the Catoctin Power Facility), Catoctin Power may either cease the use of the reclaimed water, or continue to use it and resample not more than 8 hours after the initial sampling to confirm that acceptable conditions have been restored.  In the event that resampling still results in an exceedance of the 5 NTU turbidity threshold, Catoctin Power shall immediately cease the use of the reclaimed water and implement the proposed measures to appropriately manage the delivery of reclaimed water of an unacceptable quality, as described in the SOP required under Condition 55.

 

c)          For any significant upset conditions at the WWTP (defined as those conditions that have not been rectified by the time they are detected at the Catoctin Power Facility), Catoctin Power shall immediately cease the use of the reclaimed water and implement the proposed measures to appropriately manage the delivery of reclaimed water of an unacceptable quality, as described in the SOP required under Condition 55.

No change.

 

Agreed

PPRP-59         

Where Catoctin Power uses reclaimed water in place of potable water, consistent with specifications outlined by the American Water Works Association (AWWA) in “Guidelines for Distribution of Nonpotable Water,” to prevent inadvertent and inappropriate use of the WWTP reclaimed water, Catoctin Power shall ensure the following:

 

a)         All exposed and aboveground piping, fittings, pumps, valves, etc., associated with the reclaimed water effluent line shall be painted purple “Pantone 512.”

 

b)         All piping shall be identified using an accepted means of labeling reading, “CAUTION:  NONPOTABLE WATER – DO NOT DRINK” or “CAUTION:  RECLAIMED WATER – DO NOT DRINK.”

 

c)         In a fenced area, at least one sign shall be posted on the fence that can be readily seen by all operations personnel using the facility.

No change.

 

Agreed

PPRP-60         

Catoctin Power shall conduct the following monitoring activities in support of the use of reclaimed water and compliance with consumptive use requirements:

 

a)         Flow Measurement.  Catoctin Power shall measure all reclaimed water accepted at the facility by a method approved by MDE Water Management Administration.

 

b)         Water Use Reports.  Catoctin Power shall submit to MDE Water Management Administration, semi-annually (July-December, no later than January 31 and January-June, no later than July 31), water use records.  These records shall show the total quantity of reclaimed water accepted by the facility each month, and the total quantity of water consumed by the facility each month.

No change.

 

Agreed

PPRP-61         

Low Flow Augmentation Storage.  Catoctin Power shall maintain the minimum amount of low flow augmentation storage of 468,000,000 gallons at the Millville and/or Old Standard quarries in Jefferson County, West Virginia.  The 468,000,000 gallons of required storage is in accordance with the requirements set forth in COMAR 26.17.07.03.C., and is based on Catoctin Power’s estimated maximum consumptive use of 3,630,000 gallons per day, and an estimated travel time of 8 days.  Catoctin Power shall provide MDE Water Management Administration with written notification for review and approval if an alternative location is proposed for low flow augmentation storage. 

No change.

 

Agreed

PPRP-62         

Low Flow Augmentation.

 

a)         Catoctin Power shall release augmentation water from either of the two low flow augmentation storage facilities to the Shenandoah River in an amount equivalent to the facility's actual consumptive use during the preceding 24-hour period.  If the facility cannot determine the actual consumptive use during the preceding 24-hour period, or the facility was not operating during the previous 24-hour period, Catoctin Power shall release an amount of water equivalent to the maximum consumptive use of 3,630,000 gallons per day.  Augmentation shall occur when the Potomac River water level at the USGS Point of Rock Gauging Station (01638500) is at or below the 10-year, 7-day low flow (7Q10) of 556,000,000 gallons per day (860 cubic feet per second) at an instantaneous, real-time flow during a calendar day, or days when the ICPRB Co-op orders a release of water from Jennings Randolph reservoir.  Catoctin Power shall notify MDE Water Management Administration and the ICPRB Co-op within 24 hours after Catoctin Power causes a release from low flow augmentation storage to be made pursuant to this condition, and Catoctin Power shall report the amount of water released from storage and any adjustments made in accordance with the procedures in Condition 67 to both MDE and ICPRB. 

 

b)         If Catoctin Power cannot provide the low flow augmentation required under condition 62(a), Catoctin Power shall reduce maximum daily consumptive use to 1,000,000 gallons per day or less to comply with the provisions of COMAR 26.17.07.02B.  Catoctin Power shall notify MDE Water Management Administration and the ICPRP Co-op within 24 hours if a release from low flow augmentation storage cannot be made at the required time.

 

c)         If the USGS Point of Rock Gauging Station (01638500) is not active, Catoctin Power shall notify MDE Water Management Administration and the ICPRP Co-op, who will in turn request the USGS to provide an estimate of the river flow.

Low Flow Augmentation.

 

a)      When Catoctin Power’s consumptive use exceeds 1,000,000 gallons per day and (i) the Potomac River water level at the USGS Point of Rocks Gauging Station (01638500) is at or below the 10-year, 7-day low flow (YQ10) of 556,000,000 gallons per day (860 cubic feet per second) at an instantaneous, real time flow during a calendar day, or (ii) days when the ICPRB Co-op orders a release of water from Jennings Randolph reservoir, Catoctin Power shall release augmentation water from either of the two low flow augmentation storage facilities to the Shenandoah River in an amount equivalent to the facility's actual consumptive use during the preceding 24-hour period.  If the facility cannot determine the actual consumptive use during the preceding 24-hour period, or the facility was not operating during the previous 24-hour period, Catoctin Power shall release an amount of water equivalent to the maximum consumptive use of 3,630,000 gallons per day.  Augmentation shall occur when the Potomac River water level at the USGS Point of Rock Gauging Station (01638500) is at or below the 10-year, 7-day low flow (7Q10) of 556,000,000 gallons per day (860 cubic feet per second) at an instantaneous, real-time flow during a calendar day, or days when the ICPRB Co-op orders a release of water from Jennings Randolph reservoir.  Catoctin Power shall notify MDE Water Management Administration and the ICPRB Co-op within 24 hours after Catoctin Power causes a release from low flow augmentation storage to be made pursuant to this condition, and Catoctin Power shall report the amount of water released from storage and any adjustments made in accordance with the procedures in Condition 67 to both MDE and ICPRB. 

 

b)      If Catoctin Power cannot provide the low flow augmentation required under condition 62(a), Catoctin Power shall reduce maximum daily consumptive use to 1,000,000 gallons per day or less to comply with the provisions of COMAR 26.17.07.02B.  Catoctin Power shall notify MDE Water Management Administration and the ICPRP Co-op within 24 hours if a release from low flow augmentation storage cannot be made at the required time.

 

c)      If the USGS Point of Rocks Gauging Station (01638500) is not active, Catoctin Power shall notify MDE Water Management Administration and the ICPRP Co-op, who will in turn request the USGS to provide an estimate of the river flow.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned that the language is confusing and subject to misinterpretation.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN. 

Agreed

PPRP-63         

If Catoctin Power elects to use the Millville Quarry as a source of low flow augmentation storage, Catoctin Power shall conduct a baseline study of the daily fluctuation of water levels in the Millville Quarry for the period spanning at least June 1 through December 31 to demonstrate the ability to accurately measure drawdown in the quarry.  The study shall include, but not be limited to the following:

 

1.       Continuous water level monitoring in the quarry using an instrument accurate to 0.01 ft.;

2.       Measurement of daily precipitation using a rain gauge;

3.       Measurement of river stage in the vicinity of and upstream to the quarry;

4.       Estimation of the amount of surface water runoff;

5.       Estimation of the amount of monthly evaporation;

6.       Delineation of the watershed that contributes runoff to the quarry; and

7.       Compilation of the daily pumping records for the discharge of the quarry water. 

Catoctin Power shall provide a plan of study to MDE Water Management Administration for review and approval, and to PPRP for review, two months prior to the planned implementation of the study.  The results of the study shall be used to develop the Standard Operating Procedures (SOPs) required under Condition 65, and shall be provided to MDE Water Management Administration and PPRP for review, concurrent with the SOPs. 

 

If Catoctin Power elects to use the Millville Quarry as a source of low flow augmentation storage, Catoctin Power shall conduct a baseline study of the daily fluctuation of water levels in the Millville Quarry for the period spanning at least a two month period between June 1 through October December 31 to demonstrate the ability to accurately measure drawdown in the quarry.  The study shall include, but not be limited to the following:

 

1.       Augmentation water shall be released at a rate of 3.63 million MGD for at least 10 days, 7 of which must be consecutive during the two month test period;

2.       Continuous water level monitoring in the quarry using an instrument accurate to 0.01 ft.;

3.       Measurement of daily precipitation using a rain gauge;

4.       Measurement of river stage at the quarry at USGS gauge 01636500, and upstream of the quarry at the West Virginia Route 9 bridge over the Shenandoah River, or at another in the vicinity of and upstream location approved by MDE Water Management Administration to the quarry; 

5.       Estimation of the amount of surface water runoff;

6.       Estimation of the amount of monthly evaporation;

7.       Delineation of the watershed that contributes runoff to the quarry; and

8.       Compilation of the daily pumping records for the discharge of the quarry water. 

Catoctin Power shall provide a plan of study to MDE Water Management Administration for review and approval, and to PPRP for review, two months prior to the planned implementation of the study.  The results of the study shall be used to develop the Standard Operating Procedures (SOPs) required under Condition 65, and shall be provided to MDE Water Management Administration and PPRP for review, concurrent with the SOPs. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power has certain concerns regarding PPRP’s proposed language.  These concerns are discussed in Mr. Gregory Powell’s rebuttal testimony. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-64         

MDE Water Management Administration reserves the right to require, commission or conduct a study at the Millville Quarry to quantify the potential loss of quarry water to the surrounding geologic formation.  The study may include a dye tracer test.  Catoctin Power shall provide MDE Water Management Administration, or our designees, access to the Millville Quarry to conduct the study if MDE Water Management Administration or designee conducts the study.  If MDE requires Catoctin Power to conduct the study, then Catoctin Power shall provide a plan of study to MDE Water Management Administration for review and approval, and to PPRP for review, two months prior to the planned implementation of the study.  The results of the study shall be provided to MDE Water Management Administration for review and approval, and PPRP for review, within two months after completion of the data collection.  The study must be completed and provided to MDE Water Management Administration within six months prior to initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County.

In the event the results of the baseline study of the Millville Quarry water level fluctuations conducted to comply with Condition 65 indicate the potential for naturally occurring loss of water into the geologic formation during certain periods, MDE Water Management Administration reserves the right to require, commission or conduct a study at the Millville Quarry to quantify the potential loss of quarry water to the surrounding geologic formation.  The study may include a dye tracer test.  Catoctin Power shall provide MDE Water Management Administration, or our designees, access to the Millville Quarry to conduct the study if MDE Water Management Administration or designee conducts the study.  If MDE requires Catoctin Power to conduct the study, then Catoctin Power shall provide a plan of study to MDE Water Management Administration for review and approval, and to PPRP for review, two months prior to the planned implementation of the study.  The results of the study shall be provided to MDE Water Management Administration for review and approval, and PPRP for review, within two months after completion of the data collection.  If the study shows that water losses to the geologic formation during any day are 10% or greater of a daily augmentation volume, Catoctin Power shall submit modified SOPs to account for the impact of such water losses, unanticipated by the existing SOPs, on the measurement of released augmentation water.  The modified SOPs shall be submitted within sixty days after being notified by MDE Water Management Administration, to MDE Water Management Administration, for review and approval.  If Catoctin Power fails to submit modified SOPs within sixty days or fails to submit SOPs that obtain MDE Water Management Administration’s approval within 120 days of being notified, Catoctin Power shall reduce maximum consumptive use to 1,000,000 gallons per day or less to comply with the provisions of COMAR 26.17.07.02B and Condition 64a until the modified SOPs are approved by MDE Water Management Administration.The study must be completed and provided to MDE Water Management Administration within six months prior to initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County. 

Catoctin Power does not support the Draft Condition Currently In The Record.  Please see Mr. Gregory Powell’s rebuttal testimony for a discussion of Catoctin Power’s concerns. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

 

 

Pending

PPRP-65         

Catoctin Power shall develop SOPs to accurately measure accurately drawdown in the quarry during consecutive days of low flow augmentation.  The SOPs will be developed based on the information collected during the baseline study conducted under Condition 63, and if applicable, the special studies conducted under Condition 64.  The SOPs shall include procedures for calculating the quantity of augmentation water released each day, with consideration of the amount of daily fluctuations in the water level due to ground water inflow or outflow of water into the quarry, precipitation, evaporation and daily pumping by the quarry operator.  The SOPs shall be provided to MDE Water Management Administration for review and approval, and PPRP for review, at least six months prior to initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County.  Initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County shall not begin until MDE Water Management Administration approves the SOPs.

Catoctin Power shall develop SOPs to accurately measure accurately drawdown in the Millville Qquarry during consecutive days of low flow augmentation.  The SOPs will be developed based on the information collected during the baseline study conducted under Condition 63, and if applicable, the special studies conducted under Condition 64.  The SOPs shall include procedures for calculating the quantity of augmentation water released each day, with consideration of the amount of daily fluctuations in the water level due to ground water inflow or outflow of water into the quarry (if applicable), precipitation, evaporation and daily pumping by the quarry operator.  The SOPs shall be provided to MDE Water Management Administration for review and approval, and PPRP for review, at least six months prior to the planned release of water from the Millville Quarry for low flow augmentation associated with either initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County.  Use of the Millville Quarry for low flow augmentation to comply with COMAR 26.17.07.02B and Condition 62a Initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County shall not begin until MDE Water Management Administration approves the SOPs.  Catoctin Power shall reduce maximum consumptive use to 1,000,000 gallons per day or less to comply with the provisions of COMAR 26.17.07.02B and Condition 62a until the SOPs are approved by MDE Water Management Administration.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, this condition only applies if Catoctin Power elects to use the Millville Quarry for purposes of low flow augmentation.  If Catoctin Power does not elect to use the Millville Quarry, or if Catoctin Power elects to curtail in lieu of providing augmentation water, this condition should not apply.  For these reasons, the submittal and approval dates for the SOPs should be linked to Catoctin Power’s use of the Millville Quarry for low flow augmentation purposes.  In addition to resolving Catoctin Power’s concern regarding the submittal date, the Proposed Final Condition clarifies certain language.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN. 

Agreed

PPRP-66         

If Catoctin Power elects to use the Old Standard Quarry as a source of low flow augmentation storage, Catoctin Power shall submit to MDE Water Management Administration and PPRP results of any available analyses conducted by Old Standard Quarry to assess the potential presence of tetrachloroethylene (PCE) in the water.  If these analyses are not sufficient to demonstrate whether or not the presence of PCE will adversely affect the use of the quarry for low flow augmentation, Catoctin Power shall conduct or cause a third party to conduct a study of the water quality in the Old Standard Quarry to ensure that the potential presence of PCE in the water will not adversely affect the use of the quarry for low flow augmentation.  Catoctin Power shall provide a plan of study to MDE Water Management Administration for review and approval, and PPRP for review, two months prior to the planned implementation of the study.  Any study conducted by Catoctin Power shall include the collection and analysis of multiple samples distributed across the quarry and at depth to determine the presence or absence and distribution of PCE in the water.  Catoctin Power shall complete the study within six months of the issuance of the CPCN, and provide the results of the study to MDE Water Management Administration for review and approval, and PPRP for review within two months of completing the study.

If Catoctin Power elects to use the Old Standard Quarry as a source of low flow augmentation storage, Catoctin Power shall submit to MDE Water Management Administration and PPRP results of any available analyses conducted by Old Standard Quarry to assess the potential presence of tetrachloroethylene (PCE) in the water.  If these analyses are not sufficient to demonstrate whether or not the presence of PCE will adversely affect the use of the quarry for low flow augmentation, Catoctin Power shall conduct or cause a third party to conduct a study of the water quality in the Old Standard Quarry to ensure that the potential presence of PCE in the water will not adversely affect the use of the quarry for low flow augmentation.  Catoctin Power shall provide a plan of study to MDE Water Management Administration for review and approval, and PPRP for review, two months prior to the planned implementation of the study.  Any study conducted by Catoctin Power shall include the collection and analysis of multiple samples distributed across the quarry and at depth to determine the presence or absence and distribution of PCE in the water.  Catoctin Power shall complete the study within six months prior to using the Old Standard Quarry for augmentation purposes of the issuance of the CPCN, and provide the results of the study to MDE Water Management Administration for review and approval, and PPRP for review within two months of after completing the study.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, pursuant to PPRP’s proposed CPCN conditions, Catoctin Power has a choice to either augment the Potomac River or curtail operations.  Therefore, Catoctin Power believes it is more appropriate to link the report’s completion date to Catoctin Power’s use of augmentation water.  Moreover, Catoctin Power would like to clarify that the report must be provided to the agencies within two months “after” completing the study. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-67         

Unless adjusted based on the development of the Standard Operating Procedures described in Condition 65, Catoctin Power shall determine the quantity of augmentation water released each day by calculating the difference in volume in the quarry from which Catoctin releases the augmentation water at the start of the augmentation day and the volume in the quarry at the end of the augmentation day (i.e., 24 hours after augmentation begins).  Flow measurements using a totalizing flow meter or pump curves shall be used as secondary information to determine the amount of water released from storage each day.  Consideration of rainfall, rainfall entering the quarry, and evaporation will be made using the following methods: 

 

a)         Evaporation from the quarries shall be calculated based on the assumption that the elevation of the surface water of the quarries will be reduced by 0.25 inches per day during the months of June through September and 0.025 inches per day for the remainder of the year; 

 

b)         Daily precipitation shall be estimated from rain gauges maintained at each impoundment; and 

 

c)         Where runoff into an impoundment is excessive during augmentation, Catoctin shall provide records approximating such runoff (such as pump operating records) to demonstrate that such runoff impeded Catoctin’s ability to lower the quarry water level the amount necessary to calculate the amount of the daily augmentation release.

No change.

 

Agreed

PPRP-68         

Catoctin Power shall demonstrate the ability to secure all necessary agreements with the owners of the Millville and Old Standard quarries through the submittal of a signed and notarized affidavit indicating that the necessary agreements have been obtained.  The signed and notarized affidavit shall be provided to MDE Water Management Administration at least one month in advance of initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County to ensure that the quarry water can be released from storage when required under Condition 62.  The signed and notarized affidavit needs to demonstrate that the quarry water is available for low flow augmentation for a period of at least twelve years from the date that the CPCN was issued.  Initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County shall not begin until MDE Water Management Administration accepts that the necessary agreements are in-place.  

 

Catoctin Power shall demonstrate the ability to secure all necessary agreements with the owners of the Millville and/or Old Standard quarries through the submittal of a signed and notarized affidavit indicating that the necessary agreements have been obtained.  The signed and notarized affidavit shall be provided to MDE Water Management Administration at least one month in advance of Catoctin Power’s initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County to ensure that the quarry water can be released from storage when required under Condition 62.  The signed and notarized affidavit needs to attest that Catoctin Power has entered into agreements to use demonstrate that the quarry water is available for low flow augmentation for a period of at least twelve years from the date that the CPCN was issued.  Initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County shall not begin until MDE Water Management Administration accepts that the necessary agreements are in-place.  

 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, PPRP’s proposed conditions give Catoctin Power the right to use either the Millville quarry, the Old Standard quarry, or both of them.  Catoctin Power should only be required to provide an affidavit for the quarry or quarries it elects to use.  Moreover, PPRP’s proposed conditions give Catoctin Power the option to either augment the River or curtail.  Consequently, Catoctin Power believes it is more appropriate to link the affidavit’s submittal date to Catoctin Power’s use of the quarry than to link it to the use of water and operation of the plant.  Catoctin Power also has other minor clarifications with regard to the proposed language. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-69         

Catoctin Power shall secure all necessary permits and approvals that are required under federal, state or local laws and regulations to satisfy Catoctin’s obligations under COMAR 26.17.07, and provide MDE Water Management Administration copies of all necessary permits and approvals, within at least one month in advance of initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County to ensure that the quarry water can be released from storage when required under Condition 62. 

Catoctin Power shall secure all necessary permits and approvals that are required under federal, state or local laws and regulations to satisfy Catoctin’s obligations under COMAR 26.17.07, and provide MDE Water Management Administration copies of all necessary permits and approvals, within at least one month in advance of initiation of withdrawal from the Potomac River or use of reclaimed water from Frederick County to ensure that the quarry water can be released from storage when required under Condition 62 water releases from storage for the purpose of satisfying the augmentation requirements in Condition [  ]. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, PPRP’s proposed conditions give Catoctin Power the option to either augment the River or curtail.  Consequently, Catoctin Power believes it is more appropriate to link the demonstration date to Catoctin Power’s use of the quarry for augmentation than to link it to the use of water and operation of the plant. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-70         

MDE Water Management Administration shall renew the approval for providing low flow augmentation twelve years from the date that the CPCN was issued.  In order to renew the appropriation, Catoctin Power shall file a renewal application with MDE Water Management Administration no later than 45 days prior to the expiration.  MDE Water Management Administration may at any time (including triennial review or when a change application is submitted) revise any condition of low flow augmentation or add additional conditions concerning the character, amount, means and manner of providing low flow augmentation, which may be necessary to properly protect, control and manage the water resources of the state.  Condition revisions and additions will be accompanied by issuance of an approval letter.  As part of the renewal process, MDE Water Management Administration shall evaluate the frequency and duration of low flow events that have occurred in the Potomac River, coupled with the growth in demand for water resources in the Washington D.C. metropolitan area, during the past 12 years to ensure that the amount of storage required under Condition 61 remains adequate to satisfy the requirements of COMAR 26.17.07.  In order to renew this approval, Catoctin Power shall demonstrate that all necessary agreements with the quarry owners have been extended for a twelve-year period through the issuance of a signed and notarized affidavit.  In order to renew this approval, Catoctin Power shall demonstrate that all necessary permits and approvals are in place. 

MDE Water Management Administration shall renew the approval for providing low flow augmentation twelve years from the date that the CPCN was issued.  In order to renew the appropriation, Catoctin Power shall file a renewal application with MDE Water Management Administration no later than 45 days prior to the expiration.  The MDE Water Management Administration shall review an active permit at least once every 3 years, or more frequently at the discretion of the MDE Water Management Administration.  During the permit review, the MDE Water Management Administration may modify the permit to adjust the quantity of the water a permittee may appropriate or use or add a condition to the permit for resource management purposes, including avoidance or mitigation of unreasonable adverse impacts on public health, or the environment. MDE Water Management Administration may at any time (including triennial review or when a change application is submitted) revise any condition of low flow augmentation or add additional conditions concerning the character, amount, means and manner of providing low flow augmentation, which may be necessary to properly protect, control and manage the water resources of the state.  Condition revisions and additions will be accompanied by issuance of an approval letter.  As part of the renewal process, MDE Water Management Administration shall evaluate the frequency and duration of low flow events that have occurred in the Potomac River, coupled with the growth in demand for water resources in the Washington D.C. metropolitan area, during the past 12 years to ensure that the amount of storage required under Condition 61 remains adequate to satisfy the requirements of COMAR 26.17.07.  In order to renew this approval, Catoctin Power shall demonstrate that all necessary agreements with the quarry owners have been extended for the extension a twelve-year period through the issuance of a signed and notarized affidavit.  In order to renew this approval, Catoctin Power shall demonstrate that all necessary permits and approvals are in place. 

Catoctin Power does not support the Draft Condition Currently In The Record.  Catoctin Power’s understanding from PPRP is that this condition is intended to paraphrase MDE’s rights under COMAR 26.17.06.06.B(2).  Catoctin Power supports inclusion of MDE’s rights under COMAR in any CPCN conditions.  However, Catoctin Power is concerned that the language proposed could be interpreted to give MDE rights that extend beyond those set forth in COMAR.  Moreover, it is possible that Catoctin Power will request that MDE extend its appropriation for a period less than twelve years.  Should this occur, Catoctin Power’s obligation to demonstrate that all necessary agreements have been extended should be tied to the applicable extension period. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

PPRP-71         

The CPCN is not an authorization to discharge wastewater to waters of the state.  Catoctin Power shall obtain a discharge permit from the Maryland Department of Environment under the National Pollutant Discharge Elimination System (NPDES) for the Catoctin Power Facility.   If the water supply option selected includes a Potomac River water withdrawal, the NPDES permit application shall include the information required by USEPA’s Phase I final rule regarding Section 316(b) of the Clean Water Act, including site-specific engineering design drawings of the cooling water intake structure. 

The CPCN is not an authorization to discharge wastewater to waters of the state.  Catoctin Power shall obtain a discharge permit from the Maryland Department of Environment under the National Pollutant Discharge Elimination System (NPDES) for the Catoctin Power Facility.   If the water supply option selected includes a Potomac River water withdrawal, the NPDES permit application shall include the information required by USEPA’s Phase I final rule regarding Section 316(b) of the Clean Water Act, including site-specific engineering design drawings (sufficient to meet the requirements of Section 316(b) of the Clean Water Act) of the cooling water intake structure. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned that the language is confusing and subject to misinterpretation. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-72         

Catoctin Power shall obtain applicable state and federal dredge-and-fill and waterway construction permits for the Potomac River intake and discharge site, if that water supply option is chosen for implementation.

No change.

 

Agreed

PPRP-73         

As directed by MDE Water Management Administration, Catoctin Power shall prepare a Stormwater Pollution Prevention Plan, incorporating best management practices to prevent runoff of contaminated stormwater.

No change.

 

Agreed

PPRP-74         

Construction and operation of the power facility and associated linear facilities shall be undertaken in accordance with this CPCN and shall comply with all applicable local, State, and Federal regulations, including by not limited to the following:

 

a)         Nontidal Wetlands – COMAR 26.23 applies to activities conducted in nontidal wetlands

 

b)         Water Quality and Water Pollution Control – COMAR 26.09.01 through COMAR 26.08.04 applies to discharges to surface water and maintenance of surface water quality

 

c)         Erosion and Sediment Control – COMAR 26.09.01 applies to the preparation, submittal, review, approval, and enforcement of erosion and sediment control plans

 

No change.

 

Agreed

PPRP-75         

All portions of the power plant and rights-of-way disturbed during construction shall be stabilized immediately after the cessation of construction activities within that portion of the power plant or right-of-way, followed by seed application, except in actively cultivated lands, in accordance with the best management practices presented in the MDE document 1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control, said document having been approved by Frederick County. In wetlands and wetland buffers, seed application shall consist of the following species: annual ryegrass (Lolium multiflorum), millet (Setaria italica), barley (Horedum spp.), oats (Uniola spp.), and/or rye (Secale cereale). Other non-persistent vegetation may be acceptable, but must be approved by MDE Water Management Administration. Kentucky 31 fescue shall not be used in wetlands or buffers.

No change.

 

Agreed

PPRP-76         

This CPCN applies to the transmission line interconnection and pipeline linear facilities (including natural gas and water pipelines) as presented in Catoctin Power’s application (including amendments and supplements) and direct testimony in this proceeding.  If any other configuration for transmission interconnection or natural gas pipeline linear facilities is proposed, including collocating a new transmission line along an existing right-of-way, an amended CPCN will be required.

No change.

 

Agreed

PPRP-77         

Catoctin Power shall provide to PPRP and PSC detailed plans regarding the routes for water supply and effluent pipelines prior to construction but no later than 3 months after the NPS issues a right-of-way permit.  The notification shall include plans showing the routes, and procedures for the installation of the pipelines.

No change.

 

Agreed

PPRP-78         

Catoctin Power shall provide as-built details on the following to PPRP and PSC in accordance with COMAR 20.80.04:  engineering and construction plans of any transmission facilities and pipeline linear facilities, including dimensions and location of on-site transformers and switchgear; rights-of-way width; length and total acreage of the rights-of-way; transmission line structure and foundation types, dimensions and locations; transmission line conductor configuration; nominal length of span between transmission line structure; and jurisdictional wetlands boundaries within the rights-of way. 

Catoctin Power shall provide as-built details on the following to PPRP and PSC in accordance with COMAR 20.80.04.02:  engineering and construction plans of any transmission facilities and pipeline linear facilities, including dimensions and location of on-site transformers and switchgear; rights-of-way width; length and total acreage of the rights-of-way; transmission line structure and foundation types, dimensions and locations; transmission line conductor configuration; nominal length of span between transmission line structure; and jurisdictional wetlands boundaries within the rights-of way. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power notes that it will not be constructing transmission line structures.  Therefore, Catoctin Power believes it may be appropriate to delete references to transmission line structures.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-79         

Catoctin Power shall reduce tree clearing or trimming within the transmission line and pipeline linear facilities rights-of-way, to the extent practicable when constructing and maintaining the transmission line and pipeline linear facilities.  In agricultural areas, grasses will be planted along streams where acceptable to the property owners. If the agricultural areas along streams are wetlands or wetland buffers, only grasses listed in Condition No. 75 shall be used.  If agricultural areas along streams are uplands, the following grass species may be used:  blue joint grass (Calamagrostis canadensis), switchgrass (Panicumvirgatum), little bluestem (Schizachyrium scoparium), or indian grass (Sorghastrum nutans).

Catoctin Power shall reduce tree clearing or trimming within the transmission line and pipeline linear facilities rights-of-way, to the extent practicable when constructing and maintaining the transmission line and pipeline linear facilities.  In agricultural areas, grasses will be planted in areas disturbed during construction along streams where acceptable to the property owners. If the agricultural areas along streams are wetlands or wetland buffers, only grasses listed in Condition No. 75 shall be used.  If agricultural areas along streams are uplands, the following grass species may be used:  blue joint grass (Calamagrostis canadensis), switchgrass (Panicumvirgatum), little bluestem (Schizachyrium scoparium), or indian grass (Sorghastrum nutans).

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned that the condition could be misinterpreted. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-80         

Catoctin Power shall advise the PSC and PPRP that copies of contract specifications for clearing, construction, and rehabilitation of the rights-of-way are available sixty (60) days prior to the beginning of construction.  Catoctin Power shall provide the same advisement to the PSC and PPRP for contract specifications for maintenance when made available to bidders.  During any clearing of the right-of-way, Catoctin Power and its contractors shall leave tree roots and stumps in place, except where such roots and stumps interfere with structure locations, access roads, or other components of the transmission line or pipeline linear facilities.  Cleared trees will be cut and windrowed along the edge of the right-of-way for wildlife habitat where acceptable to the property owner.  Brush may be shredded and distributed on the cleared right-of-way as a ground cover to stabilize the soil surface.

Catoctin Power shall advise the PSC and PPRP that copies of contract specifications for clearing, construction, and rehabilitation of the rights-of-way are available sixty (60) thirty (30) days prior to the beginning of construction.  Catoctin Power shall provide the same advisement to the PSC and PPRP for contract specifications for maintenance when made available to bidders.  During any clearing of the right-of-way, Catoctin Power and its contractors shall leave tree roots and stumps in place, except where such roots and stumps interfere with structure locations, access roads, or other components of the transmission line or pipeline linear facilities.  Cleared trees will may be cut and windrowed along the edge of the right-of-way for wildlife habitat where acceptable to the property owner.  Brush may be shredded and distributed on the cleared right-of-way as a ground cover to stabilize the soil surface. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power does not believe windrowing is appropriate in all areas.  Additionally, Catoctin Power believes it would be appropriate to provide the requested information thirty (30) days prior to construction. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-81         

If Catoctin Power selects a water supply that places a pump house and other appurtenances on the property of the C&O National Historical Park, Catoctin Power shall obtain an easement or right-of-way from the National Park Service, in accordance with the requirements of the National Park Service, to obtain an easement or right-of-way to access the Potomac River for the purpose of constructing a water intake structure and pipeline to withdraw water, a wastewater effluent pipeline and diffuser to discharge wastewater, and any other ancillary facilities. 

 

 

 

PPRP-82         

If Catoctin Power selects Water Supply Option B and determines the need to place a pump house and other appurtenances on the property of the State Highway Administration in the US Route 15 corridor underneath or adjacent to the Route 15 bridge, Catoctin Power shall address environmental and socioeconomic impacts to the C&O Canal National Historical Park, in accordance with the requirements of applicable federal, state and local laws. 

If Catoctin Power selects Water Supply Option B and determines the need to place a pump house and other appurtenances on the property of the State Highway Administration in the US Route 15 corridor underneath or adjacent to the Route 15 bridge, Catoctin Power shall address environmental and socioeconomic impacts to the C&O Canal National Historical Park, in accordance with the requirements of applicable federal, state and local laws. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power notes that PPRP’s proposed CPCN conditions do not define “Option B” and that referencing “Option B” is unnecessary to achieve this condition’s objectives. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-83         

If Catoctin Power constructs a pipeline along US 15 between the Potomac River and US 340 (Route B), Catoctin Power shall enter into an agreement via a Memorandum of Understanding (MOU) or a Letter of Agreement (LOA) with the State Highway Administration (SHA).  The MOU or LOA shall state that Catoctin Power will be financially responsible for the relocation of the pipeline if any future improvements to US 15 are required.

If Catoctin Power constructs a pipeline along US 15 between the Potomac River and US 340 (Route B), Catoctin Power shall enter into an agreement via a Memorandum of Understanding (MOU) or a Letter of Agreement (LOA) with the State Highway Administration (SHA).  The MOU or LOA shall state that Catoctin Power will be financially responsible for the relocation of the pipeline if any future improvements to US 15 are required.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power notes that PPRP’s proposed CPCN conditions do not define “Option B” and that referencing “Option B” is unnecessary to achieve this condition’s objectives. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-84         

Catoctin Power or its contractors shall employ jack and bore or similar methods instead of open trench excavation at all road and rail crossings (other than local road crossings) during the construction of the natural gas and water pipelines.

No change.

 

Agreed

PPRP-85         

Prior to construction, Catoctin Power shall conduct Phase I archeological surveys of the alternative pipeline corridors in accordance with Maryland Historical Trust standards and recommendations, and submit a Phase I archeological identification report to the MHT. If cultural resources are identified in surveys, Catoctin Power shall either avoid the sites or conduct Phase II evaluations in accordance with MHT standards and recommendations. If sites are unavoidable and MHT determines from the Phase II evaluations that they are eligible for the Maryland Register of Historic Properties, and if these properties will be adversely affected by the undertaking, Catoctin Power shall consult with the MHT to develop a treatment plan. When preservation in place of such archeological properties is either technically or economically infeasible, Catoctin Power shall implement an archeological data recovery plan that is satisfactory in form and in substance to the MHT.

Prior to construction, Catoctin Power shall conduct Phase I archeological surveys of the selected alternative pipeline corridors in accordance with Maryland Historical Trust standards and recommendations, and submit a Phase I archeological identification report to the MHT. If cultural resources are identified in surveys, Catoctin Power shall either avoid the sites or conduct Phase II evaluations in accordance with MHT standards and recommendations. If sites are unavoidable and MHT determines from the Phase II evaluations that they are eligible for the Maryland Register of Historic Properties, and if these properties will be adversely affected by the undertaking, Catoctin Power shall consult with the MHT to develop a treatment plan. When preservation in place of such archeological properties is either technically or economically infeasible, Catoctin Power shall implement an archeological data recovery plan that is satisfactory in form and in substance to the MHT.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned that the proposed language is confusing and could be misinterpreted. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-86         

Catoctin Power shall develop a detailed visual impact mitigation and landscaping plan for all above ground facilities associated with the water supply and discharge pipelines and submit it to PPRP and the PSC for review and approval prior to commencing construction of the facility.  The plan shall address, at a minimum, specific steps that will be taken to minimize visual impact of above-ground facilities on the Chesapeake and Ohio (C&O) Canal National Historical Park and on the Potomac River. 

Catoctin Power shall develop a detailed visual impact mitigation and landscaping plan for all above ground facilities associated with the water supply and discharge pipelines and submit it to PPRP and the PSC for review and approval prior to commencing construction of the facility.  The plan shall address, at a minimum, specific steps that will be taken to mitigate minimize visual impact of above-ground facilities on the Chesapeake and Ohio (C&O) Canal National Historical Park and on the Potomac River. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned that the proposed language is confusing and could be misinterpreted. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-87         

Catoctin Power shall work closely with DNR Division of Forestry, Frederick County, and PPRP to prepare a forest planting plan to 1) partially mitigate for incremental nitrogen deposition from the Catoctin facility and, 2) mitigate forest losses associated with the construction of linear facilities.  For mitigation of nitrogen deposition, Catoctin Power shall prepare a plan detailing methods and specifications for establishment of a total of 19 acres of forest.  While on-site forest planting is preferred, off-site reforestation is acceptable, but areas must be identified as appropriate by tools developed by DNR to evaluate the suitability of riparian buffer planting and extensions of the green infrastructure (important natural habitat areas).  Locations within Frederick County, especially those within close proximity to the project site should be prioritized.  In addition, Catoctin Power shall replace the trees removed for construction of the linear facilities related to the project by assuming that at least one additional acre shall be planted for each acre of forest removed during construction.  The plan shall provide details on why selected sites are most appropriate for mitigation and establishment of forest resources.  At a minimum, planting plans, specifications, and monitoring schedules for all sites shall be included in the plan.  A draft forest planting plan shall be submitted to DNR Division of Forestry and PPRP within six months of issuance of this CPCN.

Catoctin Power shall work closely with DNR Division of Forestry, Frederick County, and PPRP Power Plant Research Program to prepare a forest planting plan to 1) partially mitigate for incremental nitrogen deposition from the Catoctin facility and, 2) mitigate forest losses associated with the construction of linear facilities.  For mitigation of nitrogen deposition, Catoctin Power shall prepare a plan detailing methods and specifications for establishment of a total of 19 40 acres of forest to be planted on State land.  While on-site forest planting is preferred,  Either on or off-site reforestation is acceptable, but areas must be identified as appropriate by tools developed by DNR to evaluate the suitability of riparian buffer planting and extensions of the green infrastructure (important natural habitat areas).  Locations within Frederick County, especially those within close proximity to the project site should be prioritized.  In addition, Catoctin Power shall replace the trees removed for construction of the linear facilities related to the project by assuming that at least one additional acre shall be planted for each acre of forest removed during construction.  The plan shall provide details on why selected sites are most appropriate for mitigation and establishment of forest resources.  At a minimum, planting plans, specifications, and monitoring schedules for all sites shall be included in the plan.  A draft forest planting plan shall be submitted to DNR Division of Forestry and PPRP at least within six months prior to anticipated commercial operationof issuance of this CPCN. 

Catoctin Power does not support the Draft Condition Currently In The Record.  Catoctin Power does not believe the Catoctin Power facility will significantly impact nitrogen deposition for the reasons discussed in the rebuttal testimonies of Mr. Gordon Chirdon and Mr. Bob McCann.  However, Catoctin Power understands that Maryland is very concerned about nitrogen deposition in the area.  Therefore, Catoctin Power is willing to prepare a forest planting plan to plant forested land, provided that the State provides land for the requested tree planting. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-88         

Catoctin Power shall submit to Maryland Historical Trust (MHT) a copy of training programs, or guidelines provided to inspectors or contractors, to identify and/or protect unforeseen archeological sites that may be revealed during construction of the power plant and associated facilities. If such archeological sites or relics are identified in the project area, Catoctin Power, in consultation with and as approved by MHT, shall develop and implement a plan for avoidance and protection, data recovery, or destruction without recovery of the properties adversely affected by the project.

No change.

 

Agreed

PPRP-89         

During peak construction (defined as construction during which site employment exceeds 100 persons) Catoctin Power shall monitor the performance of the intersection of English Muffin Way and New Design Road during both the morning and afternoon peak periods to determine whether significant delays are occurring when construction traffic volumes are greatest. If significant delays are observed, Catoctin Power, in consultation with the Frederick County Department of Highways and Transportation, shall take appropriate steps to reduce congestion at this intersection, such as retaining a traffic control specialist to manage traffic in the intersection or staggering shift schedules to reduce the peak number of construction workers arriving at or leaving the site.

No change.

 

Agreed

PPRP-90         

Catoctin Power shall instruct its contractors and employees to avoid the Manor Woods Road through the Buckeystown Historic District as the primary means of access to the site.

Catoctin Power shall instruct its contractors and employees during construction to avoid the Manor Woods Road through the Buckeystown Historic District as the primary means of access to the site.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned that the condition is confusing and could be misinterpreted. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-91         

Catoctin Power shall designate a truck route connecting US 15 to the site access driveway via Mountville Road, Ballenger Creek Pike (MD 351) and Manor Woods Road. Catoctin Power shall require all combination unit trucks, and all single unit trucks with a GCW of 26,000 lbs or more to use the designated truck route. Catoctin Power shall require trucks transporting aqueous ammonia to the facility to use the designated truck route.

Catoctin Power shall designate a truck route connecting US 15 to the site access driveway via Mountville Road, Ballenger Creek Pike (MD 351) and Manor Woods Road.  Catoctin Power shall require all combination unit trucks, and all single unit trucks with a GCW of 26,000 lbs or more to use the designated truck route. Catoctin Power shall require trucks transporting aqueous ammonia to the facility to use the designated truck route.  Catoctin Power shall require all other combination unit trucks, and all other single unit trucks with a GCW of 26,000 lbs or more, to use the designated truck route or alternately to travel north from Manor Woods Road on either Ballenger Creek Pike or New Design Road in order to access local freeways.  Catoctin Power shall include this condition in all contracts with suppliers and contractors. 

Catoctin Power does not support the Draft Condition Currently In The Record.  Catoctin Power agrees to require trucks delivering aqueous ammonia to the Catoctin Power facility to use designated truck routes.  However, for the reasons provided in Mr. Richard Zwolak’s rebuttal testimony, Catoctin Power does not believe designated truck routes are appropriate for other large trucks. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

PPRP-92         

The pavement dimensions of the commercial entrance to the facility will be 30 feet in width and a 30 foot minimum radius.

No change.

 

Agreed

PPRP-93         

Prior to construction, Catoctin Power will obtain a Driveway Entrance Apron Permit from the Frederick County Division of Public Works.

No change.

 

Agreed

PPRP-94         

Catoctin Power shall pay for all costs associated with the design and construction of the entrance and driveway improvements according to Frederick County standards, specifications and general guidelines.

No change.

 

Agreed

PPRP-95         

Catoctin Power shall conduct a Traffic Impact Study (TIS) for its heavy truck usage during construction.  The study shall consider impacts to State roads that will carry heavy truck traffic to the construction site, including I-270, MD 85 and US 15. 

No change.

 

Agreed

PPRP-96         

Catoctin Power shall develop a detailed visual impact mitigation and landscaping plan and submit it to PPRP, selected residents of Frederick County and the Frederick County Division of Planning for review.  The plan shall address, at a minimum, specific steps that will be taken to minimize visual impact of the proposed facility. The plan shall specifically address the visibility of the Catoctin Power facility from St. Mathew’s Evangelical Lutheran Church and consider the use of earthen berms or vegetation to screen it from view.   The plan shall be submitted to PPRP and the PSC for approval.

Catoctin Power shall develop a detailed visual impact mitigation and landscaping plan that  and submit it to PPRP, selected residents of Frederick County and the Frederick County Division of Planning for review.  The plan shall addresses, at a minimum, specific steps that will be taken to minimize visual impact of the proposed facility. The plan shall specifically address the visibility of the Catoctin Power facility from St. Mathew’s Evangelical Lutheran Church.  The plan shall be in substantial conformity with the Site Plan drawings reviewed by the Frederick County Planning Commission and attached as Attachment XX.   and consider the use of earthen berms or vegetation to screen it from view.   The plan shall be submitted to PPRP and the PSC for approval, and subject to the authority of Frederick County Division of Permitting and Development Review (“DPDR”) to review any substantive changes that Catoctin Power may request to the design shown on the Site Plan drawings for verification that such substantive changes comply with Frederick County zoning requirements. 

Catoctin Power generally supports the Draft Condition Currently In The Record.  Catoctin Power has already conducted the work that this condition contemplates.  Catoctin Power voluntarily submitted a Site Plan to Frederick County for review.  The Site Plan includes visual impact mitigation and landscaping requested by the County.  The Site Plan also reflects community input.  After Catoctin Power and Frederick County reached agreement regarding the Site Plan, Catoctin Power submitted the plan to PPRP for review.  The Proposed Final Condition takes into account the work that Catoctin Power and the County have already done to satisfy visual and landscaping issues.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-97         

Catoctin Power shall develop a lighting distribution plan that will minimize intrusive night lighting and avoid undue glare onto adjoining properties. Catoctin Power shall coordinate development of the plan with PPRP, the Frederick County Division of Planning, and nearby residents. Catoctin Power shall submit the plan to PPRP and the PSC for review and approval prior to commencing construction of the facility.

Catoctin Power shall develop a lighting distribution plan that will minimize mitigate intrusive night lighting and avoid undue glare onto adjoining properties. Catoctin Power shall coordinate development of the plan with PPRP, the Frederick County Division of Planning, and nearby residents. Catoctin Power shall submit the plan to PPRP and the PSC for review and approval prior to operation of the facilitycommencing construction of the facility.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power is concerned that the proposed language could be misinterpreted.  Moreover, because plant construction typically commences long before final lighting design is conducted, Catoctin Power believes it is more appropriate to link the lighting plan’s submittal date to facility operation rather than to facility construction. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-98         

Catoctin Power shall design the facility in substantial conformity with the Site Plan drawings approved by the Frederick County Division of Permitting and Development Review.

Catoctin Power shall design the facility in substantial conformity with the Site Plan drawings approved reviewed by the Frederick County Division of Permitting and Development Review. Planning Commission, provided that Frederick County Division of Permitting and Development Review “(DPDR”) shall have authority to review any substantive changes that Catoctin Power may request to the design shown on the Site Plan drawings for verification that such substantive changes comply with Frederick County zoning requirements.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, Catoctin Power notes that, due to the PSC’s preemption authority over Frederick County, Frederick County reviewed and accepted, but did not officially “approve,” Catoctin Power’s proposed Site Plan. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Agreed

PPRP-99         

Catoctin Power shall provide to PPRP and the PSC copies of its security procedures, in particular those procedures addressing site and plant safety and security during construction and operation of the power plant.  The procedures should address issues such as how Catoctin Power plans to control vehicle and construction worker access and protect any vulnerable assets from being threatened from outside the perimeter of the property.  The procedures should also identify how local, state, and federal agencies would be coordinated in the event of a large-scale emergency.  Security procedures should consider the effects of any proposed measures on the surrounding community and mitigate adverse effects to the maximum extent possible. 

No change.

 

Agreed

PPRP-100      

Catoctin Power shall provide a gate-controlled emergency access point to the site from West Frederick Avenue southwest of the generation building.

No change.

 

Agreed

PPRP-101      

Catoctin Power shall conduct a detailed assessment of the emergency response capabilities of the Carroll Manor Volunteer Fire Company. Should additional or special equipment be required to provide adequate emergency services for the power plant, Catoctin Power shall reimburse the Carroll Manor Volunteer Fire Company or the appropriate agency for these expenses as long as they related to the need to provide adequate emergency services for the power plant.

No change.

 

Agreed

PPRP-102      

During the construction of the Catoctin facility, Catoctin Power or its contractors shall provide written notification to nearby residents of the expected schedule for steam venting activities that could produce high-intensity noise incidents. This advance notification must be provided at least 24 hours before steam venting begins, and must be distributed to residents living within 1 mile of the point where the steam venting will occur.

No change.

 

Agreed

PPRP-103      

Catoctin Power shall design, construct, and operate the facility so as to comply with applicable Frederick County zoning requirements regarding allowable noise levels and with the State of Maryland noise regulations. Before construction begins, Catoctin Power shall verify that the analysis of noise impacts presented in the CPCN application adequately represents the predicted noise impacts of the actual equipment to be installed at the site. If changes in configuration or equipment type occur during the detailed facility design, and these changes materially alter the facility's predicted noise characteristics, then Catoctin Power shall provide an updated noise impact analysis to the PSC, PPRP and MDE’s Noise Control Program.

No change.

 

Agreed

PPRP-104      

Catoctin Power shall confirm noise levels at the boundaries of the facility, after the plant is operational, to verify results of the predictive analysis. The scope of work for the noise study shall be provided to MDE's Noise Control Program for review and approval within ninety (90) days prior to anticipated commercial operation.  The noise study shall include monitoring at Eastalco property boundaries near residential properties. Measurements will be taken while the plant is operating at full load, to represent maximum noise emissions. Results of the noise study shall be provided to the PSC, PPRP and MDE’s Noise Control Program within six months after a) the Catoctin Power facility begins commercial operation, or b) MDE’s Noise Control Program approves Catoctin Power’s proposed scope of work for the noise study, whichever is later.

No change.

 

Agreed

PPRP-105      

If the results of the post-construction noise study indicate that the operation of the facility is creating an exceedance of the Maryland noise standards or Frederick County zoning ordinance, Catoctin Power shall take corrective action in consultation with MDE's Noise Control Program.

No change.

 

Agreed

PPRP-106      

At least 2 months prior to construction, Catoctin Power shall provide to PPRP and PSC a Phase I Environmental Site Assessment (ESA), dated no earlier than two calendar years prior to the date of construction, and a Health and Safety Plan for the construction phase of the project.  The Phase I ESA shall be conducted in conformance with the minimum requirements of ASTM Standard E 1527-00, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”.  The Health and Safety Plan shall comply with appropriate Occupational Safety and Health Administration (OSHA) guidelines to ensure worker protection during construction of the facility. 

No change.

 

Agreed

PPRP-107      

Informational copies of the reports required regarding change of ownership, major milestones, stack test protocols, stack testing, water withdrawals, water quality monitoring, low flow augmentation, visibility, land preservation, archeological recovery guidelines, security, EMF and noise studies as described in Conditions 9, 10, 20(b), 32, 36, 38, 39, and 83 shall be sent to the Power Plant Research Program at:

 

Power Plant Assessment Division

Department of Natural Resources

Tawes State Office Building, B-3

580 Taylor Avenue

Annapolis, Maryland 21401

 

No change.

 

Agreed

PSC Staff Conditions

PSC-1                  

Catoctin Power shall file with the Public Service Commission a listing of the transmission system improvements required by PJM and certification that the improvements have been completed.

No change.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, the Transmission Owner may undertake most, if not all, of the system upgrades and the direct interconnection facilities construction.  In this event, Catoctin Power will not be able to provide a direct 'certification' with respect to facilities that Catoctin Power is not responsible for constructing, even though such construction is funded by the project.  Catoctin Power’s understanding based on Mr. Taborsky’s verbal testimony on December 9, 2004 is that a letter from Catoctin Power enclosing written correspondence from the party that conducts the construction will satisfy this proposed condition’s certification requirement.  If this understanding is correct, Catoctin Power fully supports the Draft Condition Currently In The Record, and respectfully requests that the PSC include the Draft Condition Currently In The Record in any CPCN.

Agreed

PSC-2                  

Catoctin Power shall file with the Public Service Commission a listing of the interconnecting transmission line owner and certification that the interconnection requirements have been met.

No change.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, the Transmission Owner may undertake most, if not all, of the system upgrades and the direct interconnection facilities construction.  In this event, Catoctin Power will not be able to provide a direct 'certification' with respect to facilities that Catoctin Power is not responsible for constructing, even though such construction is funded by the project.  Catoctin Power’s understanding based on Mr. Taborsky’s verbal testimony on December 9, 2004 is that a letter from Catoctin Power enclosing written correspondence from the party that conducts the construction will satisfy this proposed condition’s certification requirement.  If this understanding is correct, Catoctin Power fully supports the Draft Condition Currently In The Record, and respectfully requests that the PSC include the Draft Condition Currently In The Record in any CPCN.

Agreed

PSC-3                  

At the December 9, 2004 hearing, Mr. Taborsky requested that the PSC add a condition requiring Catoctin Power to file with the Commission a copy of its Interconnection Service Agreement.

Within thirty (30) days after putting the project into service, Catoctin Power shall file with the Commission a copy of its Interconnection Service Agreement.

The PSC staff did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

 

 

Agreed

Frederick County

FC-1                      

The CPCN should reflect that its issuance does not require Frederick County to provide or sell effluent or potable water.

The terms of this CPCN shall not be interpreted to require Frederick County to sell effluent or potable water to Catoctin Power.

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-2                      

We believe that, at a minimum, the MDE will (and should) require that Sempra obtain a separate NPDES user discharge permit if there is to be a return flow through the County’s effluent outfall system.

Catoctin Power shall obtain a separate NPDES user discharge permit prior to discharging wastewater through Frederick County’s effluent outfall system.

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-3                      

If Frederick County agrees to sell effluent or potable water to Catoctin Power, Catoctin Power shall comply with and fulfill such requirements as the County might have regarding the use of effluent and those other terms and conditions that the BOCC might believe appropriate.

Catoctin Power shall comply with all applicable local laws in connection with any purchase by Catoctin Power of effluent or potable water from Frederick County.

Catoctin Power does not support the Draft Condition Currently In The Record.  Any agreement between Frederick County and Catoctin Power for the purchase of effluent or potable water will occur pursuant to an arms length negotiation and agreement between Frederick County and Catoctin Power.  While Catoctin Power agrees to comply with all applicable Frederick County laws in connection with any such purchase, it is inappropriate for the CPCN to require Catoctin Power to accept any terms or conditions that the County may request, as such requirement would undermine the parties’ ability to negotiate a purchase and sale agreement.  On December 9, 2004, Mr. Marschner suggested that the County’s intent in proposing the Draft Condition Currently In The Record was to ensure that Catoctin Power must comply with all applicable County laws in connection with any purchase of effluent or potable water from the County.  The Proposed Final Condition addresses this County request. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-4                      

Any special effluent water quality requirements that may be placed on the use of effluent water shall be based on sound technologically feasible methods of determining the “real time” quality of the effluent water and such methods shall be first validated based on the actual water quality leaving the County’s wastewater treatment facility.  Any such limits shall be placed on Catoctin Power’s use of the water and not apply to the County or the County’s NPDES permit.

None.

Catoctin Power does not support the Draft Condition Currently In The Record.  The condition raises commercial terms that are inappropriate for inclusion in the CPCN and are more appropriately addressed by Catoctin Power and Frederick County pursuant to an arms length negotiation for the purchase of effluent or potable water.  Please see the rebuttal testimonies of Mr. Brent Waters and Mr. Gordon Chirdon for additional support for Catoctin Power’s opposition to this condition. 

 

Catoctin Power does not support inclusion of any condition in the CPCN.

Pending

FC-5                      

If Catoctin Power uses effluent from Frederick County, concentration based limits may need to be imposed on Catoctin Power’s return flow to the Potomac River through the County’s system to preserve the quality of the effluent for use by others.

None.

Catoctin Power does not support the Draft Condition Currently In The Record.  The proposed condition raises commercial terms that are inappropriate for inclusion in the CPCN and are more appropriately addressed by Catoctin Power and Frederick County pursuant to an arms length negotiation for the purchase of effluent or potable water.  Please see the rebuttal testimonies of Mr. Brent Waters and Mr. Gordon Chirdon for additional support for Catoctin Power’s opposition to this condition. 

 

Catoctin Power does not support inclusion of any condition in the CPCN.

Pending

FC-6                      

Catoctin Power shall work with EastAlco Aluminum to identify and place approximately 250 acres of land into permanent agricultural preservation.  If at all possible, this property shall consist of the following:  (1) account identifier – district 23, account number 437457, tax map 94, grid 3, parcel 76 – 144 acres west of Ballenger Creek Pike adjacent to St. Matthew’s Church that is owned by EastAlco; and (2) account identifier – district 01, account number 005391, tax map 94, grid 4, parcel 3 – 169.17 acres located on the east side of Ballenger Creek Pike, also owned by EastAlco, and located directly across the road from St. Matthew’s church and which wraps around the church cemetery.  If the identified properties cannot be obtained for preservation, Catoctin Power shall work with EastAlco to identify other properties that would accomplish the BOCC’s intent of placing land into permanent agricultural preservation in order to act as a buffer between the Catoctin Power plant and the community, including St. Matthew’s church.  If Catoctin Power is not able to obtain and place this land into permanent agricultural preservation by working with EastAlco, Catoctin Power shall work with the Carollton Manor Land Trust to identify and obtain 250 acres of land to be preserved for this purpose at Catoctin Power’s expense.

None.

Catoctin Power does not support the Draft Condition Currently In The Record.  The County has not provided any evidence to suggest that Catoctin Power’s proposed buffering, as set forth in the County-approved Site Plan, is inadequate.  Moreover, the County has not provided any evidence to suggest that the condition enhances buffering.  Please see the rebuttal testimonies of Gordon Chirdon and Richard Zwolak for a detailed discussion of Catoctin Power’s opposition.

 

Catoctin Power does not support inclusion of any condition in the CPCN.

Pending

FC-7                      

We believe that any dead or missing trees along Manor Woods Road should be replaced and maintained as living trees.

Dead trees or trees which have been cut down along the frontage of the Eastalco facility on Manor Woods Road shall be replaced by Catoctin when Catoctin does its tree planting.

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-8                      

We believe that the proposed project’s structures should be earth tone colors to blend with the surrounding areas.

Colors of major structures and buildings shall be earth tones. 

Frederick County did not provide specific language for the Draft Condition Currently  In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-9                      

While perhaps simply restating a requirement already found in law, we believe that Sempra should work with the Maryland Department of the Environment to mitigate any wetland disturbances. 

Catoctin Power shall work with MDE to mitigate wetland disturbances as required under applicable federal, state and local laws.

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-10                   

The Site Plan should be a condition to the CPCN.

 

 

The Site Plan drawings (Cover Sheet 1, Revision 0 dated 6/24/04;  Site Plan Sheet 2, Revision 2 dated 8/9/04; Preliminary Stormwater Management Site Plan Sheet 3, Revision 0 dated 6/16/04; Sediment and Erosion Control site Plan Sheet 4, Revision 0 dated 6/16/04), attached herein, are deemed to meet Frederick County zoning requirements and the Project shall be designed and constructed in substantial conformity with these documents, provided that Frederick County Division of Permitting and Development Review (“DPDR”) shall have authority to approve any substantive changes that Catoctin may request to the design shown on the Site Plan drawings if DPDR verifies that such substantive changes comply with Frederick County zoning requirements.  Regardless of the DPDR’s authority to approve such substantive changes, the PSC retains final override authority to approve Catoctin Power’s request for substantive changes. 

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-11                   

Catoctin should obtain general building, electric, plumbing and fire protection permits from Frederick County.

The Project shall comply with applicable local building code requirements for structures, electrical systems, plumbing, and fire protection systems.   For purposes of this condition, DPDR shall have responsibility for verifying that the Project complies with the above applicable local building code requirements and shall accommodate incremental execution of design and construction activities, provided however, that the PSC retains final override authority to verify compliance if DPDR unreasonably conditions or delays its verification.  To support DPDR compliance verification activities, Catoctin shall (a) develop a schedule for document submittals and provide this schedule to DPDR, including regular schedule updates; (b) submit design drawings to DPDR for compliance verification at least 30 days (or lesser number of days mutually agreed to by Catoctin and DPDR) prior to the start of incremental construction covered by such design drawings; and (c) pay fees to DPDR equivalent to fees normally assessed by DPDR for analogous building permit verification activities.

Catoctin Power generally supports the Draft Condition Currently In The Record.  However, our understanding is that the CPCN process preempts local requirements that would otherwise apply to construction of a facility in Frederick County.  With this understanding, Catoctin Power agrees to a condition that would provide the Frederick County DPDR with the right to review applicable portions of the design and construction of the facility for verification of compliance with local building codes. 

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-12                   

Catoctin Power shall comply with the site plan suggestions set forth in Bruce Dell’s September 16, 2003 memo under Site Improvement Plans section (pages 1 and 2) (in this memo “SWM” refers to storm water management and this memo section discusses both storm water management and grading and sediment erosion control plans).

Catoctin Power shall prepare and implement stormwater management plans (including grading, sediment and erosion control plans) in accordance with applicable federal, state and local laws.  Catoctin Power shall submit the stormwater management plan to DPDR prior to the start of rough grading.

 

 

 

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-13                   

Require that NOx and VOC offsets be purchased from Frederick County sources, if available; if not available from Frederick County sources, then these offsets must be purchased from the geographically closest available source(s).

Catoctin Power shall endeavor to obtain all required NOx and/or VOC offsets from sources in or near Frederick County, if reasonably commercially available.

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

FC-14                   

Require that the project must comply with all PM2.5 ambient air quality standards in effect today and which might be required in the future if Frederick County is designated as a non-attainment area for PM2.5.

Catoctin Power shall comply with any future Maryland Department of the Environment regulations that are related to emission of PM 2.5 (i.e., fine particulate matter with a diameter smaller than 2-1/2 microns) and that are applicable to the Project.

Frederick County did not provide specific language for the Draft Condition Currently In The Record.  Catoctin Power supports inclusion of this condition in the CPCN provided that the condition is written as set forth in the Proposed Final Condition.

 

Catoctin Power fully supports the Proposed Final Condition, and respectfully requests that the PSC include the Proposed Final Condition in any CPCN.

Pending

Don James

James-1             

If Catoctin Power approves the Catoctin facility for construction, Catoctin Power shall hire an independent third party consultant to conduct quarterly air testing at a minimum of 3 locations surrounding the plant (one of which must be Carroll