Competitive Power Ventures, Inc. - Energy Highway

CPV VALLEY ENERGY CENTER
permits were not able to be issued. With SEQRA now complete, the other state permits are now able
to be issued.
The Project submitted a Full Environmental Assessment Form (EAF) on March 10, 2008, formally
commencing the permitting process. Since that time, the Project has achieved many milestones and
advanced the permitting of the Project to a point where it is now nearing completion. A complete list
of permits and approvals, as well as their status can be provided upon request; however, the
following is a brief summary of the key permits, approvals and their status.
5.1 New York State Environmental Quality Review Act
CPV Valley completed the NY SEQRA process earlier this month. CPV Valley began the SEQRA process
on March 10, 2008 with the submittal of the EAF, and has advanced through the process with the
Town of Wawayanda Planning Board acting as Lead Agency. Most recently on May 23, 2012, the Lead
Agency passed a unanimous board resolution adopting the Findings Statement for the CPV Valley
Energy Center. This was the final step in the SEQRA process and allows other state entities to issue
their respective permits associated with the Project.
5.2 Air Permit
CPV Valley is subject to the Clean Air Act’s requirement for a Prevention of Significant Deterioration
(PSD) permit review. The Project submitted an application for regulatory agency review in conjunction
with the Federal and State PSD and non-attainment new source review requirements and process.
The New York State Department of Environmental Conservation (DEC) is reviewing the application as
the Environmental Protection Agency (EPA) has delegated DEC the responsibility for reviewing and
administering permits in the State of New York. DEC is currently in the process of drafting the air
permit.
5.3 Wetlands Permit
CPV Valley has submitted an application for a Joint Wetlands Permit to the DEC and the U.S. Army
Corps of Engineers (ACOE). On May 9, 2012 the ACOE determined the application to be complete and
commenced the 45 day review period. The DEC has completed the review of their portion of the
application and has drafted the permit, which is expected to be issued by the DEC shortly.
Great effort was taken in the design and layout of the facility to minimize impacts to wetlands. As a
result, the Project will have a permanent impact less than 0.50 acres; therefore only a Nationwide
Permit is required.
5.4 Certificate of Public Convenience and Necessity
On November 14, 2010, CPV Valley filed a Petition with the New York PSC for approval of a lightened
regulatory regime and financing in connection with a natural gas electric generating facility and was
assigned case number 10-E-0501. On November 24, 2010 the New York PSC issued a notice under
New York's Administrative Procedures Act, calling for public comments on CPV's Petition. The public
comment period was open for forty-five (45) days and closed on January 10, 2011 without any
comments. CPV Valley has provided a supplement to the PSC, highlighting aspects of the project that
are more defined than they were at the time of the November 14, 2010 submittal. Upon issuance of
the Findings Statement by the Lead Agency under SEQRA, the PSC will be in a position to issue their
Findings Statement related to the Petition.
5.5 New York Independent System Operator Interconnect Process
CPV Valley submitted an Interconnection Application to the NYISO on July 5, 2007 and was assigned
queue position #251. CPV Valley has completed the Feasibility Study, System Reliability Impact Study
and the Facilities Study as a member of Class Year 2009. The Project subsequently entered Class Year
2011, which is the current Facilities Study underway at the NYISO. Upon completion of the Class Year
New York Energy Highway
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