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July (pdf) - New York Power Authority

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SCPPs<br />

To meet potential capacity deficiencies in the <strong>New</strong> <strong>York</strong> City metropolitan area, which could also<br />

adversely affect the statewide electric pool, and to meet installed capacity requirements relating to its SENY<br />

and Long Island customers, the <strong>Authority</strong> installed eleven natural-gas-fueled electric generation units at<br />

six sites in <strong>New</strong> <strong>York</strong> City and at one site on Long Island which entered into commercial operation in 2001.<br />

Each small power plant has a nameplate rating of 47 MW. However, as a result of commitments made by<br />

the <strong>Authority</strong> in the course of obtaining regulatory authorizations for the plants, at sites which house two<br />

units, the combined output of the plants cannot exceed 79.9 MW.<br />

The <strong>New</strong> <strong>York</strong> City plants are located as follows: one plant is located at a site in Williamsburg,<br />

Brooklyn; one plant is located at a site in Staten Island at Lynhurst Avenue and Edgewater; two plants are<br />

located at a site in Sunset Park, Brooklyn; two plants are located at a site in Long Island City, Queens; two<br />

plants are located at a site in the Bronx at Hell Gate; and two plants are located at a site in the Bronx at the<br />

Harlem River Yards.<br />

In December 2001, the <strong>Authority</strong>, DEC, The City of <strong>New</strong> <strong>York</strong> (the ‘‘City’’), and certain of the<br />

petitioners involved in litigation relating to the SCPPs located at Vernon Boulevard, Long Island City, site in<br />

Queens (the ‘‘Stipulation Petitioners’’) entered into a Stipulation of Settlement (the ‘‘Stipulation’’) which<br />

settled the litigation. Among other things, the Stipulation provides that the <strong>Authority</strong> will cease operations of<br />

its two small power plants (the ‘‘VB <strong>Power</strong> Plants’’) at the Vernon Boulevard site (the ‘‘VB Site’’) upon the<br />

date of commencement of the commercial operation of either:<br />

(i)<br />

(ii)<br />

the <strong>Authority</strong>’s 500-MW Plant; or<br />

a proposed 1000-MW plant (the ‘‘1000-MW Plant’’) to be built by another entity and<br />

known as the Astoria Energy LLC project;<br />

provided that the <strong>Authority</strong>’s cessation and removal obligations can only be enforced by the Mayor of the<br />

City of <strong>New</strong> <strong>York</strong>, when the Mayor deems it advisable and after consulting with the President of the<br />

Borough of Queens and the Councilmember from the 26 th Council District in Queens, <strong>New</strong> <strong>York</strong> City.<br />

Upon a decision to remove the plants, the <strong>Authority</strong> would be required to expeditiously remove the<br />

turbines, generators, skids and associated equipment from the VB Site within 90 days after such<br />

cessation. Under the Stipulation, the Stipulation Petitioners agree to reasonably support any voluntary<br />

activities by the <strong>Authority</strong>, to the extent permitted by law, aimed at relocating the two VB <strong>Power</strong> Plants to<br />

an appropriate site in the Borough of Queens.<br />

The Stipulation also provides that if, as of the day prior to the date on which the <strong>Authority</strong> is<br />

obligated to cease operations of the VB <strong>Power</strong> Plants pursuant to the Mayor’s enforcement action,<br />

discussed above, the aggregate electrical generating capacity (exclusive of the VB <strong>Power</strong> Plants) as<br />

determined by the NYISO or any successor entity, amounts to less than 81% of the total in-City projected peak<br />

electrical demand as determined by the NYISO or a successor entity for the summer of the year in which the<br />

<strong>Authority</strong> ceases such operation, then the City shall, within 6 months of receipt of documentation of<br />

project cost and expenses, reimburse the <strong>Authority</strong> in an amount equal to the <strong>Authority</strong>’s unamortized cost<br />

for the Vernon Boulevard facility (including, without limitation, the costs of purchasing and installing the units<br />

and all associated equipment, all site acquisition and remediation costs, and the costs of all foundation, piling<br />

and duct work), but in no event shall such reimbursement exceed $40 million. The City’s payment<br />

obligation, however, is conditioned upon the <strong>Authority</strong> having offered, for a specified period, to sell at fair<br />

market value the VB <strong>Power</strong> Plants to an entity willing to remove and relocate those units to another location<br />

2-37

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