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BEFORE THE UNITED STATES FEDERAL ENERGY

REGULATORY COMMISSION

COMPETING APPLICATION FOR PRELIMINARY PERMIT

City of New York


West of Hudson Hydroelectric Project
(Competing with FERC Project No. 13222)

Project No. _______________

September 15, 2008


Competing Application for
Preliminary Permit

BEFORE THE UNITED STATES


FEDERAL ENERGY REGULATORY COMMISSION

City of New York, NEW YORK Project No. _________________

COMPETING APPLICATION FOR PRELIMINARY PERMIT

1. Initial Statement

The City of New York (“City” or “Applicant”) applies to the Federal Energy Regulatory
Commission for a preliminary permit for the proposed West of Hudson Hydroelectric Project
(“Project”), as described in the attached exhibits. This application is made in order that the
Applicant may secure and maintain priority of application for a license for the Project under
Part I of the Federal Power Act while obtaining the data and performing the acts required to
determine the feasibility of the Project and to support an application for a license.

As set forth below, the City is a municipality and claims preference under Section 7(a) of the
Federal Power Act and 18 C.F.R. § 4.37. This is a competing application to that from the
Delaware County Electric Cooperative (“DCEC”) identified as FERC Project No. 13222.

The Project proposal consists of four hydroelectric developments located on water supply
reservoirs, which were built by and are currently owned by the City and maintained and
operated by the New York City Department of Environmental Protection (“DEP”). This
water supply system provides high quality drinking water to approximately 9,000,000 New
York State residents (approximately 50% of the State’s total population). The City’s
proposal seeks hydroelectric development that simultaneously maintains the crucial water
supply system in accordance with drinking water needs, flood control, conservation releases,
water quality standards and various other conditions affecting the system, including
determinations by the U.S. Environmental Protection Agency and the Delaware River Basin
Commission (“DRBC”). Because DEP’s Bureau of Water Supply has operated the involved
reservoirs and dams for decades, with hundreds of dedicated staff in the upstate regions
where the reservoirs are located, the City’s proposal includes information and proposed
designs that contrast in several ways with the preliminary permit application filed by DCEC,
as further described below:

Civil Works: The City proposes to use its existing low level intakes to convey water to the
proposed powerhouses. The installation of siphon penstocks was evaluated and rejected at

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each of the four proposed hydroelectric projects. The use of siphon intakes at these
development sites is complicated by the range of headwater fluctuations experienced at each
of the sites.1 Given the projected long-term average low annual reservoir elevation and the
elevation of the top of dam at each facility, the lift required for a siphon penstock placed on
top of the dam could be as much as 46 to 66 feet across the four Project sites.2 This is well
beyond a siphon’s range of lift.3 It is possible to bury the siphon arrangement in order to lift
the required flows into the penstock at low reservoir elevations. While this would assist in
reducing the required lift, it raises a variety of dam safety concerns regarding penetration of
an earthen dam. Specifically, the buried siphon arrangement would impact those facilities
having core walls and impervious zones, such as those involved at the City sites. The
possibility of mitigating this by placing the invert of the top of the siphon at an elevation
above the core walls and/or impervious zones was evaluated. From a civil works
perspective, this configuration will not be possible in combination with impervious zones
within a few feet of the top of the dam, although it may be possible to avoid buried core
walls. Another possibility would be to supplement siphon flows at elevations below which
the siphon could use pumps to lift the water. However, this would require very large pumps4
with their own associated mechanical, electrical and civil works costs as well as ongoing
operations and maintenance costs.

Dam Safety: The City’s proposed taps of existing outlet piping to convey water to each
powerhouse while maintaining existing outlet works would enhance dam safety by giving
each facility an additional outflow conveyance structure (e.g., the powerhouse), thereby
allowing reservoir drawdown to occur more quickly. The chief concerns regarding dam
safety with a siphon arrangement center on the penetration of the dams by the siphon
penstock. These concerns include the potential for: (i) seepage along the
penstock/embankment contact; (ii) excessive leakage or failure of the steel penstock that
could erode the earthen dam;5 (iii) differential settling of the penstock, if not installed

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Based on reservoir elevations as computed using the OASIS model reflecting
Flexible Flow Management Program conditions, the average reservoir fluctuation over the
course of the year at each development is as follows: Cannonsville - elevation 1,116.8 to
1,146.9; Schoharie – elevation 1,110.4-1,130.5 feet; Neversink – elevation 1,410.7-1,435.3
feet; Pepacton – elevation 1,246.8-1,273.8 feet.
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Assuming an eight-foot diameter penstock.
3
The maximum theoretical lift of a siphon is 34 feet but the practical limit for the
consistent use of a siphon in this Application is approximately 20 feet.
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For example, a turbine operating flow of 50 cfs is the equivalent of 32.33 mgd.
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When the penstock is acting as a siphon, presumably the siphon would break and
flow would soon stop. However, at higher reservoir elevations the penstock may act in a
gravity or pressurized mode (depending on the final design elevation of the siphon apex),

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properly, that could lead to leakage; (iv) damage to the impervious core zones and/or core
wall through hydraulic fracturing or vibration during construction; (v) drying out of
impervious core material during construction over what will likely be a large excavation
area. The City’s concerns over these potential dam safety issues are magnified by the key
role the dams play in maintaining water supply to over 9,000,000 people and protecting
downstream communities.

Operation and Maintenance: The City maintains a grass cover on the downstream side of
the earthen dams to protect against erosion. This grass cover must be mowed and inspected
in compliance with dam safety regulations. The DCEC proposal to run siphon tubes along
the top of the dams could: (i) impede the City’s ability to effectively maintain the grass
cover; (ii) impact subsurface drainage systems; and (iii) cause erosion problems at the siphon
penstock supporting foundations. If the siphon penstocks are buried, the impact to grass
cover maintenance would be mitigated. However, this would increase the cost of
construction, decrease the life of the steel siphons, and raise additional concerns regarding
subsurface leaks in the penstocks. In addition, the DCEC proposal would require significant
manpower to conduct additional checks associated with the penstocks with respect to the
City’s dam safety program.

Potential Energy Analysis: The City’s initial sizing of turbine/generator equipment is based
on two key assumptions. As discussed below, these assumptions will be scrutinized and
adjusted where appropriate during the study phase in evaluating the feasibility of the sites for
hydroelectric development.

• There are U.S. Geological Survey (“USGS”) streamflow gauges located downstream
of each reservoir. Typically, the historic flow records from these gauges could be
used to evaluate the energy potential from a site. This approach would be acceptable
if the reservoirs are expected to operate into the future in the same general manner as
they did in the past. However, the Flexible Flow Management Program (“FFMP”)
adopted by the Parties to the Amended Supreme Court Decree of 1954 in September,
2007, (“Decree”) significantly alters releases from the Delaware Basin reservoirs.6
The current conservation releases differ significantly from historic release
requirements. During the FFMP discussions, the City developed a comprehensive
model to evaluate how the conservation releases would impact water supply. The
rules defined in the FFMP were incorporated in the City’s model to predict what the
releases from the dams would have been historically under the FFMP rules. The

flowing through a penstock breach and the dam material until the reservoir is lowered
sufficiently.
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The Decree governs sets of release requirements and diversion limitations from the
City’s Delaware Basin water supply reservoirs, including the Cannonsville, Pepacton, and
Neversink Reservoirs. Changes to operations outlined in the Decree can only be made with
the concurrence of the “Decree Parties”: the States of Delaware, New Jersey, New York, the
Commonwealth of Pennsylvania and the City of New York.

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City’s model simulated inflow and dam discharge conditions for the period 19487 to
2004 under the FFMP rules. These predicted dam discharges provide a more realistic
estimate of discharges available for future hydropower production than the use of
existing USGS stream flow records.

• The City’s proposal would allow for operation at the lowest average reservoir
elevations.8 Further, the City anticipates being able to generate over the full range of
turbine discharges at lower elevations if the water is available for generation as
opposed to being limited by the lower hydraulic capacity of the pumps used to
augment the siphons.

Water Temperature Impacts: The City proposes to tap water from the colder, lower portion
of all four reservoirs. Releases from the reservoir, therefore, will consist of relatively lower
temperature water, which will benefit the aquatic habitat needs downstream of the projects.

In contrast, the use of a siphon requires water to be lifted through exposed penstocks from
the upper zones of the reservoirs. In order to discharge the same level of cold water as the
City, a siphon intake would need to extend to a level in the reservoir water column with
thermal characteristics similar to the City intakes. This intake extension may significantly
increase the cost of the DCEC proposed development.

Ownership and Operation: The City already owns and operates the water supply reservoir
system. The City believes it is a natural extension of its responsibility as the provider of high
quality drinking water to more than 9,000,000 customers to also control any proposed
hydropower operations at the four projects as it has control of the existing outlet works
(releases). Moreover, the City has experience owning hydroelectric facilities within the
Delaware River basin water supply system. Specifically, the City currently owns the
Neversink hydroelectric plant, a 25 megawatt (MW) facility located in Grahamsville, New
York as well as the Grahamsville hydroelectric facility, an 18 MW hydroelectric facility in
Grahamsville, New York. Both facilities, and the proposed Project, are linked to the
Delaware River basin water supply system.

As set forth more fully in Exhibit 2 attached hereto, the scope of activities to be covered by
this request for a preliminary permit include various environmental, engineering and
economic studies.

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The hydrologic or flow component of the model starts in 1948, although many of the
dams were not constructed until after 1948. For modeling purposes it was assumed that the
dams were present in 1948 such that a longer period of flow record could be simulated.
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In what appears to be a concession to the limitations of the siphon, DCEC proposes
to operate down to reservoir elevations that are approximately 9-13 feet higher than the long-
term average minimum pool elevation.

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2. The location of the proposed project:

State or territory: New York


County: Schoharie, Delaware and Sullivan
Township: Gilboa, Deposit, Colchester and Neversink
Stream: Schoharie Creek, West Branch Delaware River, East Branch
Delaware River and Neversink River

3. Exact name, business address, and telephone number of the applicant:

City of New York


City Hall
260 Broadway
New York, New York 10007

Department of Environmental Protection


Attn: Commissioner
59-17 Junction Blvd.
Flushing, New York 11373-5108

Department of Environmental Protection


Attn: Deputy Commissioner Bureau of Water Supply
P.O. Box 358
Grahamsville, New York 12740

The exact name and business address of each person authorized to act as agent for the
applicant in this application is:

Commissioner Emily Lloyd


Department of Environmental Protection
59-17 Junction Blvd.
Flushing, N.Y. 11373-5108
elloyd@dep.nyc.gov

Paul V. Rush, P.E.


Deputy Commissioner Bureau of Water Supply
Department of Environmental Protection
P.O. Box 358
Grahamsville, New York 12740
prush@dep.nyc.gov

Robert M. Loughney, Esq.


James S. King, Esq.
Couch White, LLP
540 Broadway

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P.O. Box 22222
Albany, New York 12201
Tel: (518) 426-4600
Fax: (518) 320-3495
E-mail: rloughney@couchwhite.com
jking@couchwhite.com

4. Statement of Authority:

The City of New York is a municipality and claims preference under Section 7(a) of
the Federal Power Act and 18 C.F.R. § 4.37. Specifically, the Administrative Code of
the City of New York Section 24-364 provides that the Department of Environmental
Protection may utilize such water that it now owns or may acquire for the purpose of
generating electric current for the use of the municipality. Documentation supporting
the City’s status as a municipality is provided in Exhibit 5.

5. Term of Permit:

The proposed term of the permit is 3 years (36 months).

6. Existing Dams or Other Project Facilities:

The West of Hudson Hydroelectric Project includes the following four development
sites: Cannonsville Reservoir (Cannonsville Dam), Pepacton Reservoir (Downsville
Dam), Neversink Reservoir (Neversink Dam) and Schoharie Reservoir (Gilboa Dam).
All four sites are located at New York City Water Supply Reservoirs in the DEP’s
West of Hudson operational region.

As set forth in the attached map (below), the New York City surface (reservoir) water
supply system consists of a network of 19 reservoirs, including the Cannonsville,
Pepacton, Neversink, and Schoharie Reservoirs, and three controlled lakes in a 1,972
square-mile watershed. The City’s water system provides approximately 1.2 billion
gallons of safe drinking water to over eight million City residents and approximately
one million residents of Westchester, Putnam, Ulster, and Orange Counties.

The City is the owner of the dams that will be utilized as part of the Project facilities.
A complete description of the proposed Project is set forth in Exhibit 1.

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7. All persons, citizens, associations of citizens, domestic corporations, municipalities,
or states that have or intend to obtain any proprietary right to construct, operate, or
maintain the project:

As Project proponent, all proprietary rights to construct, operate, and maintain the
Project would reside with the City.

8. Every county in which any part of the project, and any federal facilities that would
be used in the project, would be located in:

Delaware County Schoharie County


Chairman, Board of Supervisors Chairman, Board of Supervisors
111 Main Street County Office Building
Delhi, NY 13753 284 Main Street
Schoharie, NY 12157

Sullivan County
County Chairman
100 North Street
PO Box 5012
Monticello, NY 12701

9. Every city, town, or similar local political subdivision in which any part of the
project and any federal facilities that would be used by the project, would be located
or that has a population of 5,000 or more people and is located within 15 miles of
the dam or project:

Town of Fallsburg Town of Liberty


Town Supervisor Town Supervisor
19 Railroad Plaza South 120 North Main Street
Fallsburg, NY 12779 Liberty, NY 12754

Town of Rochester Town of Thompson


Town Supervisor Town Supervisor
50 Scenic Road 4052 Route 42
PO Box 65 Monticello, NY 12701
Accord, NY 12404

Town of Walton Town of Wawarsing


Town Supervisor Town Supervisor
129 North Street 108 Canal Street
Walton, NY 13856-1217 PO Box 671
Ellenville, NY 12428

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Town of Andes Town of Deposit
Town Supervisor Town Supervisor
580 Main Street 3 Elm Street
Andes, NY 13731 Deposit, NY 13754

Town of Conesville Town of Middletown


Town Supervisor Town Supervisor
1306 State Route 990V 42339 State Hwy 28
Gilboa, NY 12076 PO Box 577
Margaretville, NY 12455

Town of Gilboa Town of Colchester


Town Supervisor Town Supervisor
373 State Route 990V 72 Tannery Road
Gilboa, NY 12076 PO Box 321
Downsville, NY 13755

Town of Neversink Town of Prattsville


Town Supervisor Town Supervisor
273 Main Street 14517 Main Street
PO Box 307 Prattsville, NY 12468
Grahamsville, NY 12740

Town of Roxbury Town of Tompkins


Town Supervisor Town Supervisor
53690 State Hwy 30 148 Bridge Street
PO Box 189 PO Box 139
Roxbury, NY 12474 Trout Creek, NY 13847

Town of Ashland Town of Bethel


Town Supervisor Town Supervisor
Route 23 3454 Route 55
PO Box 14 PO Box 300
Ashland, NY 12407 White Lake, NY 12786

Town of Blenheim Town of Bovina


Town Supervisor Town Supervisor
2123 State Route 30 Bovina Center, NY 13740
North Blenheim, NY 12131

Town of Broome Town of Conesville


Town Supervisor Town Supervisor
PO Box 969 1306 State Route 990V
Middleburgh, NY 12122 Gilboa, NY 12076

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Town of Delhi Town of Denning
Town Supervisor Town Supervisor
5 Elm Street PO Box 277
Delhi, NY 13753 Claryville, NY 12725

Town of Franklin Town of Hamden


Town Supervisor Town Supervisor
12480 County Highway 21 6754 Basin Clove Road
Franklin, NY 13775 Hamden, NY 13782

Town of Hardenburgh Town of Harpersfield


Town Supervisor Town Supervisor
51 Rider Hollow Road 25399 State Highway 23
Arkville, NY 12406 Harpersfield, NY 13786

Town of Jefferson Town of Masonville


Town Supervisor Town Supervisor
162 Allen Road Route 206
Jefferson, NY 12093 Masonville, NY 13804

Town of Rensselaerville Town of Rochester


Town Supervisor Town Supervisor
87 Barger Road 50 Scenic Road
Rensselaerville, NY 12120 PO Box 65
Accord, NY 12404

Town of Rockland Town of Shandaken


Town Supervisor Town Supervisor
95 Main Street PO Box 134
PO Box 964 Allaben, NY 12480
Livingston Manor, NY 12758

Town of Sidney Town of Stamford


Town Supervisor Town Supervisor
Civic Center 188 Main Street
21 Liberty Street PO Box M
Sidney, NY 13838 Hobart, NY 13788

Town of Windham
Town Supervisor
PO Box 96
Hensonville, NY 12439

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10. Every irrigation district, drainage district, or similar special purpose political
subdivision in which any part of the project, and any federal facilities that would be
used by the project, would be located:

There are no irrigation districts, drainage districts, or other political subdivisions in


the area where the Project would be located. The proposed Project will not use any
Federal Facilities.

11. Every irrigation district, drainage district, or similar special purpose political
subdivision that owns, operates, maintains, or uses any project facilities or any
federal facilities that would be used in the project:

No proposed Project facilities would be owned, operated, or maintained by any


special purpose political subdivision. No federal facilities will be associated with the
proposed Project area.

12. Every other political subdivision in the general area of the project that there is
reason to believe would likely be interested in or affected by, the application:

There are no other political subdivisions in the general area of the Project that there is
reason to believe would likely be interested in, or affected by, the Application.

13. All Indian tribes that may be affected by the project:

There are no known Indian tribes that may be affected by the Project.

14. Exhibits attached to and made part of this application:

Exhibit 1 – Project Description


Exhibit 2 – Description of Studies to be Conducted
Exhibit 3 – Cost and Financing
Exhibit 4 – Project Maps
Exhibit 5 – Evidence of Municipal Status

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EXHIBIT 1: PROJECT DESCRIPTION
The City seeks to develop hydroelectric power generation at four existing dams and water
supply reservoirs owned, operated, and managed by the City of New York, collectively
referred to as the West of Hudson Hydroelectric Project. The four developments, dam
names, river, and drainage areas are listed in the table below.

Development Dam Name River Drainage


Area

Cannonsville Cannonsville West Branch Delaware River 454 mi2

Neversink Neversink Neversink River (tributary to 92.6 mi2


Delaware)

Pepacton Downsville East Branch Delaware River 372 mi2

Schoharie Gilboa Schoharie Creek 316 mi2

1.1 FLEXIBLE FLOW MANAGEMENT PROGRAM

In September, 2007, the Decree Parties adopted the FFMP for managing releases from the
City’s Delaware Basin water supply reservoirs, including the Cannonsville, Pepacton and
Neversink Reservoirs. Although the FFMP is currently operating through the concurrence of
the Decree Parties, it is also expected to be adopted by the Delaware River Basin
Commission (“DRBC”). It is possible that there will be some changes to the FFMP when it
is adopted by DRBC. It is not expected that these changes will impact negatively
hydroelectric generation potential at any of the sites under consideration.

The FFMP requires conservation releases from the Cannonsville, Pepacton and Neversink
Reservoirs based on time of year and storage conditions at the City’s Delaware Basin
Reservoirs. Specifically, the Tailwaters Habitat Protection and Discharge Program
(“THPDMP”) was developed. The THPDMP consists of conservation releases designed to
protect the ecology in the tailwaters below the City’s Delaware Basin Reservoirs, and
discharge mitigation releases designed to help improve the flood mitigation benefits that the
City’s Delaware Basin Reservoirs already provide.

The FFMP became effective in 2007 and conservation releases specified in the plan have
been implemented since September, 2007. While the FFMP does not apply directly to
Schoharie Reservoir/Gilboa Dam because the 14 reservoirs that make up the water supply
resources are operated on a system-wide basis, drawdown in one watershed (e.g., the
Delaware basin) impacts reservoir levels in the other watershed(s) (e.g., Catskill and/or
Croton). Conservation releases from the three Delaware Basin Reservoirs pursuant to the

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FFMP vary throughout the time of year, and are also dependent on the available storage
capacity (storage “zones”). Generally, as reservoir storage within the reservoir system
declines, required conservation releases also decline to preserve the drinking water supply.
The Project has been designed with the same consideration. In general, releases for
hydroelectric generation cannot conflict with the “directed releases” ordered by the Delaware
River Master under the terms of the Decree and conservation releases in accordance with the
FFMP. At all times, the City’s requirements to make “directed” and conservation releases
under the FFMP will have priority over hydroelectric releases.

1.2 SIMULATION MODEL

The City developed a simulation model of its water supply system, including the
Cannonsville, Pepacton, Schoharie and Neversink Reservoirs. The model, called New York
City Water Supply OASIS (a proprietary version of the publically available OASIS model
and herein further referred to as OASIS), simulated the water supply demands, conservation
releases, water level drawdowns, flood storage needs and other requirements as stipulated in
the FFMP. The rules of the FFMP were incorporated in the model to simulate the estimated
discharges from the three reservoirs using the historic inflow hydrology. The Gilboa
Dam/Schoharie Reservoir is not part of the FFMP. It was, however, included in the OASIS
modeling to estimate discharges available for generation, because operational changes at the
reservoirs subject to the FFMP necessitate flow changes from other reservoirs, including
Schoharie.

The benefits of OASIS modeling include the following:

• Estimated discharges available for hydroelectric generation from the Cannonsville,


Downsville, and Neversink Dams were based on the conditions set forth in the FFMP.
Conditions in the FFMP account for the balancing of water supply demands, reservoir
levels, “directed releases” and conservation releases below Cannonsville, Downsville
and Neversink Dams. Because the OASIS model reflects this balancing of flow and
water level needs, the model results provide the best estimates of the expected
discharges from Cannonsville, Downsville and Neversink Dams that would be
available for hydroelectric generation. Although USGS gauges are located below all
four dams, the discharge data reflect historic releases and historic water supply
demand conditions prior to the conditions set forth in the FFMP. Thus, the USGS
flow data is not a good indicator of flows available for hydroelectric generation.

• In addition to estimating conservation releases that are made from the reservoirs
pursuant to the FFMP, OASIS estimates “directed releases” that are made from the
City’s Delaware Basin Reservoirs by order of the Delaware River Master. All
releases made from the City’s Delaware Basin Reservoirs are categorized either as
“conservation releases” governed by FFMP or “directed releases” ordered by the
Delaware River Master in compliance with the River Master’s duties outlined in the
Decree.

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• One significant feature of FFMP that makes utilization of historic USGS gauge data
inappropriate and misleading in the analysis of water available for hydroelectric
generation is the requirement to reduce controlled releases from Delaware Basin
Reservoirs to absolute minimums when reservoir spillage rates or downstream flow
rates are above specified criteria.

• OASIS estimates the seasonal variation in reservoir levels at Cannonsville, Pepacton,


and Neversink Reservoirs based on the conditions in the FFMP rather than historic
water level conditions that will now change as a result of the conditions in the FFMP.
The OASIS model produces daily water level data for the full period of flow record,
which extended from 1948 to 2004 (i.e., 57 years). As described below, the daily
water level data for the 57 years of record were averaged on a monthly basis to
produce one average monthly elevation. For example, all January 1-31 water levels
over the 57 years of record were averaged to produce one reservoir elevation for a
given month. Monthly water level plots for all four reservoirs appear later in this
application. Similarly, to estimate the average annual elevation, all daily water levels
(January 1-December 31) were averaged for the 57 years of record.

1.3 CANNONSVILLE DEVELOPMENT

1.3.1 Cannonsville - Existing Project Features

The Cannonsville Dam, the westernmost of the City reservoirs, is located on the West
Branch of the Delaware River in Delaware County, New York. Placed into service in 1964
for the purpose of providing water supply, it is the most recently constructed City-owned
reservoir. The dam is a zoned earthen embankment with a 2,800 foot-long, 45-foot wide
crest rising 175 feet above the valley floor to elevation 1,175.0 feet. The dam is orientated in
a north-south direction and is formed by two embankment sections.

The spillway (ungated), located at the right abutment on the north side of the valley, is a
stone masonry side channel spillway. The overflow weir is a two section split-level spillway
with a total length of 800 feet. The lower section is 240 feet long with a crest elevation of
1,150.0 feet. The upper section is 560 feet long with a crest elevation of 1,158.1 feet. The
impoundment is approximately 12 miles long, has a normal storage capacity of 300,999 acre-
feet with a surface area of 4,800 acres. Maximum pool is 450,000 acre feet with a surface
area of 6,100 acres.

Low level outlet works are used to provide augmented conservation releases to the West
Branch of the Delaware River downstream of the dam and are located in a chamber at the
southerly end of the dam proper. Diversion for City water supply is drawn through a
separate chamber consisting of a set of intakes located on the southern shorelines of
Cannonsville Reservoir, through the West Delaware Tunnel and then to the City through
various reservoirs and conduits.

At the dam, downstream release water is taken in through a concrete intake structure and
flows through a 17-feet-6-inch diameter concrete diversion conduit. The diversion conduit

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was constructed on the south side of the valley under the dam and carried the flow of the
river during dam construction. The diversion conduit is 1,280 feet long, and terminates in a
stilling pool that discharges into the river. A concrete plug was placed toward the end of
construction to stop flow through this conduit at the gate tower. At this point, flow is
diverted upward to an 11-feet-11-inch release water conduit located immediately above the
17-feet-6-inch diameter conduit. A concrete gate tower rises above the diversion conduit
through the embankment and just upstream of the dam centerline. Two Broome type wheel
gates, gate frames, and guides were installed in the gate tower. These gates can be used to
control water entering the release water conduit, which is constructed on top of the
abandoned stream diversion conduit, from the gate tower to the release water chamber. The
release water conduit, an 11-feet-11-inch diameter cement mortar-lined steel pipe encased in
reinforced concrete, terminates in an 8-feet-10-inch diameter manifold. The manifold feeds
5 primary release lines, ranging in size from 54 inches to 60 inches in diameter and three
smaller release lines, ranging in size from 12 inches to 18 inches in diameter. Flow control is
achieved through selectively opening or closing various lines. Each of the three primary
release lines is controlled by two dow-pivot 60-inch valves. The two smaller primary release
lines are 54 and 60 inches in diameter and each is controlled by a dow-pivot valve and a
polyjet valve.

All lines terminate with an orifice plate downstream of the valves. Discharges are directed
into a downstream stilling pool. Equipment can be moved into the valve chamber by
removing concrete roof slabs, which are presently covered with topsoil.

1.3.2 Cannonsville - Proposed Project Features

The Project will include a new powerhouse at Cannonsville that will contain 4 new turbines
and generators, switchgear, electrical and mechanical accessories. The Project will include a
new penstock connected to the existing release water piping, valves and appurtenances.

The turbines will consist of three identical units having a hydraulic capacity of 350 cubic feet
per second (“cfs”) each plus one smaller unit having a hydraulic capacity of 80 cfs for a total
flow capacity of 1,130 cfs. The larger units will have a rated capacity of 3,750 kilowatts
(“kW”) each and the smaller unit will be rated at 850 kW, for a total rated capacity output of
12,100 kW.

The proposed facilities also will include a penstock and a tailrace channel. A 78 inch
diameter steel penstock will be connected directly to the existing 78 inch diameter blind
flange on the end of the water release manifold. The penstock, at elevation 1,005.0 feet, will
exit through a brick wall perpendicular to the existing discharge lines.

Within the new powerhouse, a 36-inch diameter branch will serve the small turbine and
beyond this point the 78 inch penstock will be reduced to 72 inch and turn 90 degrees to
serve one of the large turbines.

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A tap into the 11-feet-11-inch diameter conduit will be made upstream of the existing release
water chamber to provide a second penstock of 102 inches diameter (or larger) to provide
flow to the remaining two turbines.

Each branch serving each turbine will be provided with a butterfly valve designed for closure
under flow, for emergency purposes due to either wicket gate or broome gate failure as well
as closure for routine maintenance.

This design will facilitate compliance with temperature requirements as mandated by


conservation releases by tapping into water drawn from low in the water column.

The powerstation will be located north and directly next to the existing release water
chamber at the toe of the dam. The powerstation will occupy an area of 125 feet by 55 feet
and contain the turbine/generator units. The powerstation floor will be at elevation 999.0
feet, and the roof will be at elevation 1,027.0 feet, which affords the same level of protection
against flooding provided by the existing structure. The centerline of the units is at elevation
1,005.0 feet with the minimum tailwater at about elevation 1,000.0 feet. The powerstation
will consist of reinforced concrete construction with removable hatches in the roof for
equipment access. A stairway will be installed on the south wall of the powerstation for
personnel access.

The turbines will be horizontal-shaft, with Francis-type runners, each in a pressure case. The
three larger turbines will have 4-foot (1,220 mm) runner diameters operating at 720
revolutions per minute (“RPM”) and the smaller unit will have a 1.9 foot (580 mm) runner
diameter and will operate at 360 RPM. The centerline of all turbine/generators will be at
elevation 1,005.0 feet. The turbines will be direct-connected to synchronous generators,
three-phase, 60 hertz (Hz).

Discharge from the turbines will be released through steel draft tubes into separate concrete
chambers beneath the powerstation floor. The water from these chambers then will be
discharged into the common tailrace channel. The release chambers and the outside walls of
the powerstation will be founded on rock. Bulkhead slots will be provided outside of the
draft tube openings to enable bulkheads to be placed and the draft tube sections to be
dewatered for maintenance.

The addition of the turbines will supplement and enhance the redundancy of the existing
release water facilities in that additional options for release of water into the West Branch of
the Delaware River will be available. The four, separately-valved turbines will provide up to
1,130 cfs of additional release capacity. The proposed design of these release works also
will allow the City to better maintain compliance with temperature requirements mandated
by the Decree for conservation releases.

An open channel tailrace will be excavated next to and parallel with the existing stilling
basin retaining wall to enable powerstation discharge to flow into the West Branch of the
Delaware River. The invert of the channel will be at elevation 986.0 feet and extend
horizontally some 30 feet downstream of the powerstation. From elevation 986.0 feet the

16
channel bottom rises at a 10H:1V slope until it matches the existing river bottom at about
elevation 1,000.0 feet. The channel bottom will be 110 feet wide with side slopes at 2H:1V.

The powerstation will contain electrical equipment for control, operation and protection of
the powerstation and generation units. A hand-operated traveling beam crane with a 5-ton
monorail hoist will be provided for maintenance of the units and associated equipment. It is
not intended that the hoist be used to lift the turbines or generators. Major equipment
placement and subsequent removal for servicing will be performed using a mobile crane
operating from the surface through the hatches.

The generators, rated according to National Electric Manufacturing Association (“NEMA”)


standards at the time of design, will be of synchronous type complete with brushless
excitation and associated controls. The four generators will be connected to a single three-
phase power transformer. The transformer and switchyard area will be located at elevation
1,027.0 feet adjacent to the north wall of the powerstation. Access to the powerstation and
switchyard area will be provided by an existing roadway that leads off State Route 10. The
roadway provides access to the existing release water chamber and to the dam and spillway
crest. The portion of the roadway leading to the release water chamber will be widened in
the area immediately behind the proposed powerstation to provide permanent access to the
powerstation and switchyard.

The Cannonsville Dam hydroelectric power generating facility is located in the New York
State Electric & Gas Corporation (“NYSEG”) service territory. An existing 46 kilovolt (kV)
transmission line was identified as the point of interconnection. The transmission line is part
of the existing NYSEG electrical distribution system that passes downstream of the dam
across the West Branch of the Delaware River. The connection between the powerstation
and transmission line will be made by constructing approximately 750 feet of 46 kV, three-
phase overhead transmission line. The proposed transmission line route is shown on the site
plan and will be on land owned by the City.

The transmission line will consist of wood pole type using steel reinforced aluminum
conductor. At each end of the line, switching and protective equipment will be provided.
These will be constructed in accordance with NYSEG technical standards.

The Cannonsville Reservoir is seasonally operated, whereby water levels vary throughout the
year to utilize the available flow for water supply needs. Shown in Figure 1.3-1 is the
average reservoir elevation estimated by the OASIS model, which is based on the period
1948-2004. The following details relate to the reservoir elevation plots and apply to all four
reservoirs – Cannonsville, Pepacton, Neversink and Schoharie – described in this
application:

• The OASIS model retrospectively produces daily discharge through the low level
outlet and water level data for 57 years of record based on current release
requirements.

17
• The monthly points on the water level figures (such as Figure 1.3-1) reflect an
average of 57 years of daily data produced by the OASIS model. Thus, all of the
water levels from January 1-31 over the 57 years of record were averaged to produce
one point (for January) on the figure. The same procedure was conducted for all 12
months.

• Daily discharges through the low level outlets at Cannonsville, Neversink, and
Downsville Dams were used to develop average annual flow duration curves at each
facility. The average annual flow duration curves for Cannonsville, Neversink and
Downsville Dams represent water passing through the low level outlets that would be
available for hydroelectric generation. They do not include uncontrolled water
discharges from spillage, as rules under FFMP do not allow additional releases at
certain times (e.g., when a reservoir is spilling). The flow duration curves are based
on those rules. Alternatively, the total flow at Gilboa Dam also was used to develop
an average annual flow duration curve and energy estimate at that site

Given the above explanation regarding water levels, based on the OASIS model, the average
annual reservoir fluctuation varied between 1,146.9 feet (in May) to 1,116.8 feet (in
November), a difference of 30.1 feet. Water level deviations from Figure 1.3-1 will occur
depending on the magnitude and duration of reservoir inflows, water supply demands,
“directed releases” and conservation flow releases. If City water consumption increases for
an extended period, then the average elevation of the reservoir will be lower, causing the
seasonal rule curve to go down.

18
Figure 1.3-1

Cannonsville Reservoir- Average Monthly Reservoir Elevations


(based on averaging daily water levels from 1948-2004 for each month of the year, Source: OASIS)
1150.0

1145.0

1140.0

1135.0
Reservoir Elevation (ft)

1130.0

1125.0

Range of Headwater Fluctuation:


1120.0
1146.9 ft to 1116.8 ft, delta= 30.1 ft

1115.0

1110.0

1105.0

1100.0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

The OASIS model was used to predict the low level outlet discharges from Cannonsville
Dam that would have occurred between 1948 and 2004 assuming the FFMP was in effect
during this period. Using the daily discharge data (flow that would be available for
generation) from the model, an annual flow duration curve was developed as shown in
Figure 1.3-2.

19
Figure 1.3-2

Cannonsville Dam Discharge- Average Annual Flow Duration Curve through Low Level Outlet
Data Developed from OASIS model, Period of Record: 1948-2004, Drainage Area= 454 sq mi

1400.00

1200.00

1000.00
OASIS Modeled Discharge through Low Level Outlet, 1948-2004
Discharge (cfs)

800.00

600.00

400.00

200.00

0.00
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% of Time Flow is Equalled or Exceeded

The City proposes to install one (1) 80 cfs turbine to be operated with the lower flows needed
for conservation releases and three (3) 350 cfs turbines to operate with high flows. The total
station hydraulic capacity would be approximately 1,130 cfs. It is important to note that, for
purposes of estimating generation, it was assumed that the smaller 80 cfs unit could operate
as low as 40% of the design flow, or 32 cfs. Having the flexibility to operate down to 32 cfs
allows the City to generate with conservation flows outlined in the FFMP and River Master-
directed releases. Thus, flows between 32 and 1,130 cfs would be available for generation.

The OASIS model was used to predict Cannonsville Reservoir elevations under the
conditions of the FFMP. The model produces average monthly reservoir elevations based on
the 1948-2004 period of record. The average high, low and mean reservoir elevations are
listed below.

Average High Reservoir Elevation 1,146.9 feet

Average Low Reservoir Elevation 1,116.8 feet

20
Average 1,132.6 feet

For purposes of estimating average annual generation the average headpond elevation was
used. A nominal tailwater elevation of 1,005.3 feet was used.

The estimated average annual generation would be 25,456,000 kilowatt-hours (“kWh”).

1.4 NEVERSINK DEVELOPMENT

1.4.1 Neversink - Existing Project Features

The Neversink Dam, located in the Town of Neversink in Sullivan County, is approximately
75 miles northwest of New York City. The reservoir is fed by the Neversink River, the
longest tributary to the Delaware. The facility was placed into service in 1953. The dam is
an earth embankment with a concrete cutoff wall. The concrete cutoff wall is founded on
rock and extends from the rock foundation up to an elevation of 110 feet below the top of the
dam near the abutments. The structure is approximately 2,830 feet long and 195 feet high.

The major spillway is located near the northeast end of the dam and is an uncontrolled side
channel spillway with an ogee crest. The side channel discharges into a 30-foot diameter
concrete-lined tunnel. The crest of the waste weir is approximately 600 feet long, and the
tunnel is approximately 1,435 feet long. The spillway elevation is 1,440.0 feet above sea
level, making it the highest City reservoir.

The concrete-lined tunnel is part of what was once the diversion tunnel that was used during
construction. The tunnel passes adjacent to the northeast abutment of the dam, and is located
entirely in rock. A short inclined tunnel traverses from the spillway channel to the diversion
tunnel. After the spillway, an inclined connecting tunnel was constructed; the diversion
tunnel was plugged with concrete just upstream of the intersection with the inclined spillway
tunnel and the diversion tunnel. The tunnel then leads to a stilling basin located on the east
side of the river channel downstream from the dam.

An above-ground emergency spillway channel is excavated adjacent to the northeasterly


abutment, leading from the side channel spillway to the stilling basin. The purpose of the
emergency channel is to provide additional conveyance capacity to match the spillway weir
capacity. When the spillway operates, water is first conveyed downstream through the
tunnel. When the tunnel capacity is exceeded, the excess discharge spills into the above-
ground channel and is carried downstream. The emergency channel is spanned by a steel
arch bridge which carries State Route 55 across the channel to the dam.

Water is withdrawn from the impoundment and is directed either through the Neversink
Tunnel or through control valves and passed downstream. The intake works for both
facilities is located north of the spillway weir. The intake works consist of a long submerged
intake channel, a surface gatehouse structure, intake structure and control works.

21
Releases made to the channel downstream of the Neversink Dam are controlled by three
regulating valves located in an underground vault adjacent to the intake. Water that is
withdrawn for release downstream is taken from a location at the bottom of the intake
structure, upstream from the four-level opening arrangement for the tunnel. Because the
water is withdrawn from a location upstream of the intake openings, water from the bottom
of the reservoir is released downstream.

Water is withdrawn from the right side of the right intake through a short vertical shaft. The
vertical shaft, open to the surface and serving as a maintenance shaft, leads a short distance
down to a forebay. From the forebay, the water enters three regulating release lines, two 36
inches and one 12 inches in diameter. The centerline of the large regulating conduits is at
elevation 1,289 feet. Each regulating line is equipped with a venturi meter, a cone valve, and
a needle valve for flow regulation located in an underground gate chamber approximately 25
feet in diameter. Each release line discharges into a circular stilling chamber, approximately
eight feet in diameter and 45 feet long. At the end of each chamber there is an arch-shaped
gooseneck conduit. The conduits join together in a larger common tunnel. This arrangement
allows operation of one release line without affecting the adjacent release line which could
be out of service and dewatered. The tunnel flows to the spillway discharge tunnel discussed
previously.

The impoundment is approximately 5 miles long, has a normal pool storage capacity of
112,000 acre-feet and has a surface area of 1,477.8 acres at the spillway crest elevation of
1,440 feet. The impoundment has a maximum pool storage capacity of 142,000 acre-feet
with a surface area of 1,750.3 acres.

1.4.2 Neversink Dam Discharges - Proposed Project Features

The proposed hydroelectric generating facility at Neversink will include a new powerhouse
located adjacent to the discharge from the 30-foot diameter tunnel. The powerhouse will be
a reinforced concrete structure approximately 40 feet by 75 feet in plan.

Water will be conveyed to the powerhouse through an extension of the existing release water
tunnel. The existing release water discharge tunnel to the 30 foot diameter diversion tunnel
will be plugged and the new 7-foot diameter tunnel will start near this point and extend
downstream approximately 700 feet to the new powerhouse. The new tunnel will run
approximately parallel to the existing diversion tunnel, a design that will facilitate
compliance with temperature requirements mandated by conservation releases because water
will be drawn from low in the water column.

Two new turbine-generator units will be provided at the powerhouse and valved bypasses for
each will be provided in order to maintain the release water discharge capacity if the turbines
are out of service. Each turbine will have a flow capacity of 80 cfs and a rating of 825 kW
for a total rated capacity of 1,650 kW. The turbines will be horizontal Francis units with
runner diameters of 1.9 feet (580 mm). Each branch serving the two turbines will be
provided with a butterfly valve designed to close under flow. The turbines will be directly
connected to synchronous generators, three phase, 60 Hz. Discharge from the turbines will

22
be released through steel draft tubes into a tailrace to be constructed adjacent to the existing
diversion tunnel outlet channel.

The hydroelectric turbine bypass valves will duplicate the configuration within the existing
release water chamber. This will enhance the redundancy of the existing outlet works as well
as providing the benefits of generating power through the turbines. The turbines will provide
an additional release capacity of approximately 160 cfs.

The generating equipment will be connected to existing NYSEG distribution facilities along
State Route 55. Connection will be made at the existing three phase 4.8 kV voltage. A new
overhead interconnection line with a length of approximately 2,400 feet will be constructed.

The Neversink Reservoir is seasonally operated, whereby water levels vary throughout the
year to utilize the available flow for water supply needs. Shown in Figure 1.4-1 is the
average reservoir elevation resulting from the OASIS model. The average annual reservoir
fluctuation varied from 1,435.3 feet (in May) to 1,410.7 feet (in November), a difference of
24.6 feet. Water level deviations from Figure 1.4-1 will occur depending on the magnitude
and duration of reservoir inflows, water supply demands, “directed releases” and
conservation flow releases. If City water consumption increases for an extended period, then
the average elevation of the reservoir will be lower, causing the seasonal rule curve to go
down.

23
Figure 1.4-1

Neversink Reservoir- Average Monthly Reservoir Elevations


(based on averaging daily water levels from 1948-2004 for each month of the year, Source: OASIS)
1440.0

1435.0

1430.0

1425.0
Reservoir Elevation (ft)

1420.0

1415.0
Range of Headwater Fluctuation:
1435.3 ft to 1410.7 ft, delta= 24.6 ft

1410.0

1405.0

1400.0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

The OASIS model was used to predict the low level outlet discharges from Neversink Dam
that would have occurred between 1948 through 2004 assuming the FFMP was in effect
during this period. Using the daily discharge data (flow that would be available for
generation) from the model, an annual flow duration curve was developed as shown in
Figure 1.4-2.

24
Figure 1.4-2

Neversink Dam Discharge- Average Annual Flow Duration Curve through Low-Level Outlet
Data Developed from OASIS model, Period of Record: 1948-2004, Drainage Area= 92.6 sq mi
200.00

180.00

160.00 OASIS Modeled Discharge through Low Level Outlet, 1948-2004

140.00

120.00
Discharge (cfs)

100.00

80.00

60.00

40.00

20.00

0.00
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% of Time Flow is Equalled or Exceeded

The City proposes to install two (2) 80 cfs turbines for a total station hydraulic capacity of
approximately 160 cfs. For purposes of estimating generation it was assumed that each 80
cfs unit could operate as low as 40% or 32 cfs. Having the flexibility to operate down to 32
cfs allows the City to generate with conservation flows outlined in the FFMP. Thus, flows
between 32 and 160 cfs would be available for generation.

The OASIS model was used to predict Neversink Reservoir elevations under the conditions
of the FFMP. The average high, low and mean reservoir elevations are listed below.

Average High Reservoir Elevation 1,435.3 feet

Average Low Reservoir Elevation 1,410.7 feet

Average 1,422.9 feet

For purposes of estimating average annual generation the average headpond elevation was
used. A nominal tailwater elevation of 1,256.0 feet was used.

The estimated average annual generation of energy would be 7,786,000 kWh.

25
1.5 PEPACTON DEVELOPMENT

1.5.1 Pepacton - Existing Project Features

The Downsville Dam on the Pepacton Reservoir is located in Delaware County, New York
and impounds the East Branch of the Delaware River. The facility was placed into service in
1954. The Pepacton Reservoir is a zoned earth embankment structure with a concrete core
wall and an embankment height of 204 feet. The concrete core wall is founded on rock and
was constructed to elevation 1,130.0 feet in the center portion of the dam and slopes up to
elevation 1,280 feet at the top of the abutments. The dam is approximately 2,450 feet long
with a maximum height of 204 feet. The top width of the dam is approximately 45 feet and
the bottom width is approximately 2,000 feet.

The impoundment is approximately 18 miles long, has a normal pool storage capacity of
441,000 acre-feet and a surface area of 5,700 acres at the spillway crest elevation of 1,280
feet. The major spillway is located near the north end of the dam and is an uncontrolled side
channel spillway with an ogee crest. The channel discharges into a 40-foot diameter
concrete-lined tunnel. The crest of the weir is approximately 800 feet long, and the tunnel is
approximately 1,530 feet long. The spillway crest is at elevation 1,280 feet.

The concrete-lined tunnel is part of what once was the diversion tunnel during construction.
The tunnel passes adjacent to the north abutment of the dam, and is located entirely in rock.
A short inclined tunnel traverses from the spillway side channel to what was once the
diversion tunnel. After the spillway and inclined connecting tunnel were constructed, the
diversion tunnel was plugged with concrete just upstream of the intersection of the inclined
tunnel and the diversion tunnel. The spillway tunnel leads to a stilling basin located on the
right side of the river channel downstream from the dam.

There is an above-ground emergency spillway channel adjacent to the northerly abutment,


leading from the side channel spillway to the stilling basin. The purpose of the emergency
spillway channel is to provide additional conveyance capacity to match the spillway
capacity. When the spillway operates, water is first conveyed downstream through the
tunnel. Once the tunnel fills, water spills into the above-ground emergency channel and is
carried downstream.

Water can be withdrawn from the impoundment at two locations. The water may be directed
to the East Delaware Tunnel through an intake located approximately 3.5 miles from the
dam, on the south shoreline of the reservoir. The East Delaware tunnel conveys water from
Pepacton to Rondout Reservoir; from Rondout, the water can be delivered to the City via the
Delaware Aqueduct. Water discharged through the East Delaware Tunnel is used to generate
hydroelectric power at a station owned by the City and operated by the New York Power
Authority. Alternatively, water can be directed to the channel downstream (East Branch of
the Delaware River) that eventually meets the main stem of the Delaware River. The
proposed hydroelectric plant will utilize releases made through this downstream release
facility.

26
Water enters the downstream release facility through what was once the diversion tunnel.
After entering the old diversion tunnel, water flows through the regulating works and returns
to the diversion tunnel downstream of a diversion tunnel plug. In effect, the regulating
works bypasses the diversion tunnel plug. The total horizontal length of the water
conductors used to bypass the tunnel plug is approximately 520 feet.

An eight foot diameter tunnel approximately 140 feet long carries water from the diversion
conduit to the valve chamber. Before entering the chamber, the eight foot diameter tunnel
bifurcates into two five-foot diameter tunnels. Each tunnel connects to a short pipeline,
butterfly valve, a venturi, a cone valve and a polyjet valve. Each line discharges into circular
stilling chambers that are maintained full of water due to the presence of a siphon at the end
of each chamber. There also is a 20-inch conservation release line running from a tee in the
north conduit into the north stilling chamber. This arrangement allows operation of one
release line without affecting the adjacent release line, which could be out of service and
dewatered. The siphons at the end of each stilling chamber join together to form a common
eight-foot diameter tunnel. This tunnel exists above the spring line of what was once the
diversion tunnel and is presently the spillway tunnel.

1.5.2 Pepacton - Proposed Project Features

Two generating units – one at 80 cfs and one at 190 cfs - will be installed in a new chamber
to be constructed under the existing valve chamber. New inlet and discharge waterways will
be constructed using tunneling methods to provide water from the existing tunnel. The
supply tunnel will be 5.5 feet in diameter and approximately 90 feet long. Upstream of the
powerhouse, the tunnel will be steel-lined and the pipe inside the powerhouse will tee to a 36
inch diameter pipe to serve the smaller unit, and reduce to a 54 inch diameter pipe to serve
the larger unit. The discharge from the turbines will be carried by a new 5.5 foot diameter
tunnel, approximately 100 feet long, connecting to the existing release water tunnel above.
The 80 cfs and 190 cfs turbines will have runner diameters of 1.9 feet (580 mm) and 2.9 feet
(885 mm), respectively and will have a combined rated capacity of 3,100 kW. Operating
speeds for the 80 cfs and 190 cfs turbines will be 720 RPM and 514 RPM, respectively.

Each branch serving the two turbines will be provided with a butterfly valve designed to
close under flow.

The turbines will be horizontal-shaft, with Francis type runners, each in a pressure case. The
turbines will be direct-connected to synchronous generators, three phase, 60 Hz.

Discharge from the turbines will be released through steel draft tubes into a submerged
waterway that will rise and connect to the existing stilling basins located downstream of the
existing release water valves.

The generators, rated according to NEMA standards at the time of design, will be of
synchronous type complete with brushless excitation and associated controls. The two
generators will be connected to a single three-phase power transformer. The transformer and
switchyard area will be located at the ground surface. Access to the powerstation and

27
switchyard area will be provided by an existing roadway. The roadway provides access to
the existing release water chamber and to the dam and spillway crest.

The generating equipment will be connected to the existing power distribution facilities
serving the existing surface gatehouse structure, as shown on the drawings. The existing
three phase voltage is 4.8 kV. Generated power will be transmitted to the NYSEG system
through an existing connection.

The Pepacton Reservoir is seasonally operated, whereby water levels vary throughout the
year to utilize the available flow for water supply needs. Shown in Figure 1.5-1 is the
average reservoir elevation from the OASIS model. The average annual reservoir fluctuation
varied from 1,273.8 feet (in May) to 1,246.8 feet (in November), a difference of 27.0 feet.
Water level deviations from Figure 1.5-1 will occur depending on the magnitude and
duration of reservoir inflows, water supply demands, “directed releases” and conservation
flow releases. If City water consumption increases for an extended period, then the average
elevation of the reservoir will be lower, causing the seasonal rule curve to go down.

28
Figure 1.5-1

Pepacton Reservoir- Average Monthly Reservoir Elevations


(based on averaging daily water levels from 1948-2004 for each month of the year, Source: OASIS)
1280.0

1275.0

1270.0

1265.0
Reservoir Elevation (ft)

1260.0

1255.0

1250.0
Range of Headwater Fluctuation:
1273.8 ft to 1246.8 ft, delta= 27.0 ft
1245.0

1240.0

1235.0

1230.0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

The OASIS model was used to predict the low level outlet discharges from Pepacton
Reservoir that would have occurred between 1948 and 2004 assuming the FFMP was in
effect during this period. Using the daily discharge data (flow that would be available for
generation) from the model, an annual flow duration curve was developed as shown in
Figure 1.5-2.

29
Figure 1.5.2

Downsville Dam Discharge- Average Annual Flow Duration Curve through Low Level Outlet
Data Developed from OASIS model, Period of Record: 1948-2004, Drainage Area= 372 sq mi
500.00

450.00

400.00 OASIS Modeled Discharge through Low Level Outlet, 1948-2004

350.00

300.00
Discharge (cfs)

250.00

200.00

150.00

100.00

50.00

0.00
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% of Time Flow is Equalled or Exceeded

The City proposes to install one (1) 80 cfs turbine and one (1) 190 cfs turbine for a total
station hydraulic capacity of approximately 270 cfs. For purposes of estimating generation,
it was assumed that each 80 cfs unit could operate as low as 40%, or 32 cfs. Having the
flexibility to operate down to 32 cfs allows the City to generate with conservation flows
outlined in the FFMP. Thus, flows between 32 cfs and 270 cfs would be available for
generation.

The OASIS model was used to predict Pepacton Reservoir elevations under the conditions of
the FFMP. The model produces average monthly reservoir elevations based on the 1948-
2004 period of record. The average high, low and mean reservoir elevations are listed below.

Average High Reservoir Elevation 1,273.8 feet

Average Low Reservoir Elevation 1,246.8 feet

Average 1,259.3 feet

30
For purposes of estimating average annual generation the average headpond elevation was
used. A nominal tailwater elevation of 1,125.3 feet was used.

The estimated average annual generation of energy would be 9,042,000 kWh.

1.6 SCHOHARIE DEVELOPMENT

1.6.1 Schoharie - Existing Project Features

The Gilboa Dam, which created the Schoharie Reservoir, was completed in 1926. It is a
mixed earthen and cyclopean concrete and masonry dam approximately 2,273 feet long and
183 feet high with an overflow spillway to Schoharie Creek. The overflow spillway was
constructed of concrete and reinforced with cut stone. Modifications to the dam began in
2006 to improve its structural stability. Post-tensioned anchoring cables were installed
through holes drilled into the dam and into the bedrock below.

Further dam rehabilitation efforts will commence in 2009 and will include installation of
inflatable crest gates, rehabilitation and reconfiguration of the spillway steps, repairs to the
side channel floor, extension of the west training wall and installation of a new low level
outlet, as well as several other repairs and improvements. This effort is expected to last
through 2014 and, therefore, development of hydroelectric facilities at Gilboa Dam would
best be accomplished as a coordinated component of this rehabilitation effort.

The impoundment is approximately six miles long, has a storage capacity of approximately
58,800 acre-feet and a surface area of 1,150 acres at the spillway crest elevation of 1,130
feet.

1.6.2 Schoharie - Proposed Project Features

The proposed hydroelectric plant at Schoharie will receive water from a branch off the
proposed low level outlet from the Reservoir to the Schoharie Creek. This low level outlet is
in the advanced planning stages with additional geotechnical investigations currently
underway to select a final route. The low level outlet will be 120 inches in diameter and will
consist of a combination of tunnel and pressure pipe.

The hydroelectric plant will be served by a 120 inch by 120 inch wye which will be
trifurcated to provide branches to each of three turbines. A 10-foot diameter control valve
will be installed in the main line downstream of the wye. Each turbine will be provided with
a butterfly valve designated to close against flow upstream of the unit.

The hydroelectric facility will provide a degree of redundancy to the new outlet works.
Either the main discharge valve or the turbines may be utilized to discharge, thereby
allowing maintenance at the other facility. The three separately valved turbines will provide
up to 1,050 cfs release capacity.

31
Each of the three units will have a rated flow of 350 cfs at 158 feet of head and will operate
at 360 RPM. Each unit will produce 4,300 kW for a total station capacity of 12,900 kW.
The turbine-generator units will be contained within a reinforced concrete powerhouse of the
approximate dimensions shown on the accompanying drawings. A tailrace will be excavated
within the river to accept discharge from the units.

A switchyard including a step up transformer will be provided. Pending the results of an


interconnection study by NYSEG, it is anticipated that the voltage will be stepped up to 13.8
kV for overhead transmission to an existing 115 kV transmission line located within 15,000
feet of the powerhouse. At this point, the voltage will be stepped up through another
transformer to 115 kV to allow interconnection to this line. Easements and/or rights-of-way
will be acquired to allow construction and maintenance of those sections of the transmission
line that are not located on City property.

The Schoharie Reservoir is seasonally operated, whereby water levels vary throughout the
year to utilize the available flow for water supply needs. Shown in Figure 1.6-1 is the
average reservoir elevation from the OASIS model. The average annual reservoir fluctuation
varied from 1,130.5 feet (in April) to 1,110.4 feet (in October), a difference of 20.1 feet.
Water level deviations from Figure 1.6-1 will occur depending on the magnitude and
duration of reservoir inflows, water supply demands, “directed releases” and conservation
flow releases. If City water consumption increases for an extended period, then the average
elevation of the reservoir will be lower, causing the seasonal rule curve to go down.

32
Figure 1.6-1

Schoharie Reservoir- Average Monthly Reservoir Elevations


(based on averaging daily water levels from 1948-2004 for each month of the year, Source: OASIS)
1135.0

1130.0

1125.0
Reservoir Elevation (ft)

1120.0

Range of Headwater Fluctuation:


1115.0 1130.5 ft to 1110.4 ft, delta= 20.1 ft

1110.0

1105.0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

There are no conservation releases required below Gilboa Dam at this time; only spillage
occurs. Water from the reservoir can be diverted through the Shandaken Tunnel to the
Ashokan Reservoir, where it can then be released into the Catskill Aqueduct to meet the
City’s water supply needs. Schoharie Reservoir is linked to the City’s overall water supply
system by the Shandaken Tunnel.

The OASIS model was used to predict the total discharges from Gilboa Dam that would
have occurred between 1948 and 2004 assuming the FFMP was in effect during this period.
Using the daily discharge data (flow that would be available for generation) from the model,
an annual flow duration curve was developed as shown in Figure 1.6-2.

33
Figure 1.6-2

Gilboa Dam Discharge- Average Annual Flow Duration Curve


Data Developed from OASIS model, Period of Record: 1948-2004, Drainage Area= 316 sq mi
2500

OASIS Modeled Discharge, 1948-2004


2000

1500
Discharge (cfs)

1000

500

0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% of Time Flow is Equalled or Exceeded

The City proposes to install three (3) 350 cfs turbines for a total station hydraulic capacity of
approximately 1,050 cfs. For purposes of estimating generation, it was assumed that each
350 cfs unit could operate as low as 40%, or 140 cfs. Thus, flows between 140 cfs and 1,050
cfs would be available for generation.

The OASIS model was used to predict Schoharie Reservoir elevations under the conditions
of the FFMP. The model produces average monthly reservoir elevations based on the 1948-
2004 period of record. The average high, low and mean reservoir elevations are listed below.

Average High Reservoir Elevation 1,130.5 feet

Average Low Reservoir Elevation 1,110.4 feet

Average 1,123.3 feet

34
The average headpond elevation and a nominal tailwater elevation of 965.0 feet were used
for purposes of estimating average annual generation.

The estimated average annual generation of energy would be 31,834,000 kWh.

1.7 TURBINES AND GENERATORS

Average Average
Annual Station Annual
Hydraulic Hydraulic Installed Generation
Head Capacity Capacity (kW-
Development Units (feet) (cfs) (kW) hours)
Cannonsville 4 (1) @ 80 127.3 1,130 12,100 25,456,000
cfs and (3)
@ 350 cfs
Neversink 2 (2) @ 80 166.9 160 1,650 7,786,000
cfs
Pepacton 2 (1) @ 80 134.0 270 3,100 9,042,000
cfs and (1)
@ 190 cfs
Schoharie 3 (3) @ 158.3 1,050 12,900 31,834,000
350 cfs

1.8 TRANSMISSION LINES

The electric grid interface for each development within the West of Hudson Hydroelectric
Project is as follows:

Step-up
Unit Total Transformer
Capacity Capacity Capacity Interface
Development Units (MW) (MW) (MVA) Voltage (kV)
Cannonsville 4 3.75 (3) 12.1 15.0 4.6
0.85 (1)
Neversink 2 0.825 1.65 2.5 4.8
Pepacton 2 0.90 (1) 3.1 3.75 4.8
2.20 (1)
Schoharie 3 4.30 12.9 15.0 115

35
1.9 LANDS OF THE UNITED STATES

There are no lands of the United States within the proposed Project boundary of any of the
four developments.

There are no known areas within or in the vicinity of the proposed Project boundary of any
of the four developments that are included in or have been designated for study for inclusion
in the National Wild and Scenic Rivers System.

There are no known areas within the proposed Project boundary of any of the four
developments that are known to be under the provisions of the Wilderness Act or that have
been designated as wilderness areas, recommended for designation as wilderness area, or
designated as wilderness study.

1.10 PUBLIC INTEREST

Upon approval, the proposed Project will provide enhanced value to the region's water
resources, as well as urgently needed relief to the current national energy crisis by offsetting
more expensive energy provided by other, less environmentally suitable sources. The
development of the Project is consistent with important federal, state and City initiatives to
develop renewable sources of electricity.

36
EXHIBIT 2 – DESCRIPTION OF PROJECT STUDIES
The Project proposes to integrate hydroelectric development in a manner that will maintain
and improve the environmental resources and reservoirs associated with the Project as well
as the public health of over 9 million people who rely on the water supply from the four
Reservoirs. The Project will optimize the use of these water resources by reducing thermal
electric power generation while providing low-cost renewable energy. Importantly,
however, the Project is intended to allow for the continued maintenance of the multiple uses
and obligations currently associated with each site, which include water supply, recreation,
flood control and fish and wildlife conservation.

The City has a long history of owning, operating and maintaining the dams and reservoirs
under consideration along with the adjacent watershed lands that could be affected by the
Project. The City, under the auspices of DEP, is in a unique position to fully understand,
monitor and react to any potential environmental concern that would affect these facilities
and lands. DEP has been aggressively developing analytic criteria for its watershed
protection program, as well as conducting research and testing that address the
environmental studies referenced in this Exhibit, for almost 20 years. DEP’s watershed
protection program is based on exhaustive research by DEP scientists into existing and
potential causes of water contamination. Over the past two decades, the City has committed
over a billion dollars and thousands of staff hours to preserving the pristine quality of its
source waters and effectively managing and protecting the watershed. DEP has the technical
resources, both in personnel and information resources, to most effectively maintain and
enhance the features that protect the dams, reservoirs and watershed.

The City will utilize both in-house resources and the consulting services of Gomez and
Sullivan Engineers, P.C. (“Gomez and Sullivan”) in preparing and conducting the required
studies for the Project. Gomez and Sullivan has over 25 years experience in hydroelectric
power engineering, development, licensing, and compliance.

2.1. PROPOSED STUDIES

A variety of engineering and environmental studies will be conducted to determine the


project feasibility and support the application for a project license. All work will be
conducted in a manner so as not to disturb known cultural resources or endangered species, if
any, and to cause minimal disturbance to land and water. Any land altered will be
adequately restored to the reasonable satisfaction of the owner. As described more fully
below, the proposed studies can be classified into the following three categories:
environmental, engineering, and economic. The full scope of these studies will be
determined during the consultation process mandated by the FERC Licensing regulations.

37
Environmental Studies

¾ Existing Site Plan and Survey: A site plan and survey of the existing Project site will be
prepared to delineate the topographic characteristics of each development site, and the
size, location and elevations of existing facilities.

¾ Erosion and Soils Studies: All available geotechnical information, including studies
performed for the dam and reservoir construction at the four development sites, will be
used to describe the soil stability characteristics and erosion potential near the proposed
development sites. Appropriate measures will be developed to control erosion during
both the construction and post-construction phases of the Project.

¾ Water Quality Studies: Existing water quality information will be used to characterize
the conditions at each site. If existing data are insufficient to quantify water quality
conditions, the City proposes to collect water quality field samples where appropriate.
The field samples likely will include the collection of dissolved oxygen and temperature
data in each reservoir, as well as within the tailrace sections of each site. The City also
will develop appropriate measures to mitigate any short-term impacts to water quality
during the construction phase. Post-construction field sampling also will be conducted.

¾ Fisheries and Wildlife Studies: Existing available wildlife and fisheries information and
data will be used to characterize the resources associated with each site. Where
appropriate, the City proposes to collect additional information, which may include a
reconnaissance level assessment of aquatic habitat in the river reach below each dam, an
assessment of the fish community within each reservoir, as well as reconnaissance
inventory of wildlife habitat and occurrence at each site. The City also will develop
appropriate measures to mitigate any short-term impacts to fishery and wildlife resources
during the construction phase.

¾ Wetlands and Botanical Studies: Existing available wetland and botanical information
will be used to characterize the resources associated with each development site. The
City proposes to conduct a wetlands inventory at each reservoir site, as well as aquatic
and riparian vegetation surveys at each reservoir. The City also will develop appropriate
measures to mitigate any short-term impacts to wetland and botanical resources during
the construction phase.

¾ Rare, Threatened and Endangered Species: Existing available rare, threatened and
endangered species information will be used to determine the presence of critical habitat
and species in the project areas. The City also proposes to supplement this information
with field surveys by wildlife biologists, where appropriate. The City also will develop
appropriate measures to mitigate any short-term impacts to rare, threatened and
endangered species during the construction phase.

38
¾ Recreation Studies: Existing information will be used to characterize the recreation
resources associated with each site. For each development site, the City will provide an
inventory of recreation facilities and opportunities, an assessment of recreation use and
needs, as well as measures for improving the existing recreational opportunities. Only
uses appropriate to the DEP requirements for the protection of water supply will be
considered.

¾ Cultural Resource and Historic Studies: Existing available cultural, historic, and
archeological information will be used to characterize the cultural resources associated
with each development site, including Phase 1A Literature Review and Archaeological
Assessment or Phase 1B field surveys. The City will conduct a new Phase 1A Literature
Review and Archeological Assessment at each development site, and, if needed, a Phase
1B archeological survey. A historic properties management plan eventually will be
developed for each site as part of the application for license. The City also will take
appropriate measures to mitigate any impacts to cultural resources during the
construction phase.

Engineering Studies

¾ Detailed Feasibility Study: A detailed feasibility study will be conducted to further refine
energy estimates and costs and will include, inter alia: field survey; hydraulic analysis;
quantity take-offs; and optimization of the economic development of each site within the
licensing constraints.

¾ Preliminary Design: The preliminary civil, mechanical, and electrical engineering design
for each site will be developed, and layouts will be produced, for use in estimating
construction as well as operations and maintenance costs for each site. In addition, a
construction plan will be developed detailing a proposed schedule, as well as other
management and sequencing aspects, of the Project construction.

¾ Power Production Analysis: The estimates of generation at each site will be refined and
revised as appropriate based on the final design characteristics of the generating
equipment for each site.

Economic Studies

¾ Economic Analysis: Estimates for costs associated with generation equipment,


installation, construction, engineering, licensing, and Project administration will be
developed as part of the studies described above. This information, along with the
estimate of generation potential and expected wholesale and retail power sales rates, will
be used in an economic model to determine the feasibility of each proposed project.

39
2.2. ROADS

A description of the proposed access that will be used at each site for conducting site
evaluations and studies is set forth below. Only the Neversink development will require new
road construction.

Schoharie Development: Access to the Schoharie Development will be from an existing


access road to the Gilboa Dam and spillway area and owned by the City.

Cannonsville Development: Access to the proposed Cannonsville Development will be from


the primary DEP access road that leads off of State Route 10. The roadway provides access
to the existing release water chamber and to the dam and spillway crest. A portion of the
roadway immediately behind the proposed powerstation will be widened to provide access to
the powerstation and switchyard.

Pepacton Development: Access to the proposed Pepacton Development will be from the
existing access road that traverses the top of the dam from State Route 30.

Neversink Development: A new access road, approximately 24 feet wide by 1,400 feet long,
will be constructed to provide access to the proposed Neversink powerhouse from State
Route 55.

2.3 NEW DAM CONSTRUCTION

No new dam construction is anticipated at any of the development sites. The proposed
Project will utilize the existing dams at the Schoharie, Cannonsville, Neversink and Pepacton
Reservoirs. Given that no new dam construction is proposed, the City requests a waiver of
the requirements of Section 4.81(c)(2).

2.4 PROPOSED WORK SCHEDULE

The proposed work schedule of major activities by the City during the 36-month permit
period up to the filing of the application for license is described below. This schedule
assumes that FERC issues the preliminary permit in or before October, 2008. During this
initial portion of the permit period, the City will evaluate the most appropriate FERC
licensing process for this proceeding (i.e., Integrated Licensing Process, Traditional
Licensing Process, and Alternative Licensing Process).

FERC Issues Preliminary Permit October, 2008


File First Stage Consultation Document December, 2008
Conduct Engineering, Environmental, and Economic Studies Nov. 2008 – Sept. 2010
File Draft Application for License January, 2011
File Application for License with FERC October, 2011

40
EXHIBIT 3 – COST AND FINANCING
Cost of Planning, Studies and License Application Preparation

The City estimates the cost to prepare a complete license application under the requirements
of the FERC Integrated Licensing Process for this proposed project to be approximately
$1,145,000. The actual cost will depend on the complexity of the technical and
environmental issues and the magnitude of the resulting required studies, as developed in the
FERC-required consultation. The table details the estimated cost by study category.

Category Cost
Erosion and Soils Studies $80,000
Water Quality Studies $120,000
Fisheries and Wildlife Studies $200,000
Wetlands and Botanical Studies $100,000
Rare, Threatened and Endangered $50,000
Species
Recreation Studies $80,000
Cultural Resource Studies $40,000
Preliminary Design $200,000
Power Production Analysis $50,000
Economic Analysis $25,000
Application for License $200,000
Total $1,145,000.00

Expected Sources of Finances

The City will provide the necessary financing to conduct the activities identified in Exhibit 2.

Proposed Market for the Generated Power

The City intends to produce electric power by constructing the West of Hudson
Hydroelectric Project to utilize the clean, renewable public resource available at the four
development sites owned by the City. The development of the Project is consistent with
federal, state and City initiatives to develop renewable sources of electricity. It is anticipated
that power produced from the Project will be utilized by the City in a manner that will
benefit its residents and agencies.

41
EXHIBIT 4 – PROJECT MAPS
The following maps and preliminary drawings are provided for the proposed West of Hudson
Hydroelectric Development

Figure No. Development Title


4-1 Cannonsville Cannonsville USGS Quadrangle Map
4-2 Cannonsville Cannonsville Project Boundary Map
4-3 Cannonsville Cannonsville Development Site Plan
4-4 Cannonsville Cannonsville Development Powerhouse Plan
4-5 Cannonsville Cannonsville Development Powerhouse Sections
4-6 Neversink Neversink USGS Quadrangle Map
4-7 Neversink Neversink Project Boundary Map
4-8 Neversink Neversink Site Map
4-9 Neversink Neversink Site Plan
4-10 Neversink Neversink Development Powerhouse Plan
4-11 Neversink Neversink Development Powerhouse Sections
4-12 Pepacton Pepacton USGS Quadrangle Map
4-13 Pepacton Pepacton Project Boundary Map
4-14 Pepacton Pepacton Site Map
4-15 Pepacton Pepacton Site Plan
4-16 Pepacton Pepacton Development Plan and Profile
4-17 Pepacton Pepacton Development Powerhouse Plan and Profile
4-18 Schoharie Schoharie USGS Quadrangle Map
4-19 Schoharie Schoharie Project Boundary Map
4-20 Schoharie Schoharie Development Site Plan
4-21 Schoharie Schoharie Development Powerhouse Plan
4-22 Schoharie Schoharie Development Powerhouse Section

42
EXHIBIT 5 – EVIDENCE OF MUNICIPAL STATUS
The City is a municipality and claims preference under Section 7(a) of the Federal Power Act
and 18 C.F.R. § 4.37. Pursuant to 18 C.F.R. § 4.81(a)(4), a municipal applicant must provide
evidence that the municipality is competent under state and local laws to engage in the
business of development, transmitting, utilizing, or distributing power.

The City is a municipality existing under the laws of the State of New York, the New York
City Charter and Administrative Code. The City of New York Administrative Code Section
24-364 provides that the Department of Environmental Protection may utilize such water that
it now owns or may acquire for the purpose of generating electric current for use by the
municipality. A copy of the statute is attached. Pursuant to this authority, the City currently
owns the Neversink hydroelectric plant, a 25 MW facility located in Grahamsville, New
York and the Grahamsville hydroelectric facility, a 18 MW hydroelectric facility also located
in Grahamsville, New York. Because the City has built, maintained and operated the water
supply system for decades and owns two existing hydroelectric facilities in the Delaware
Basin, the City is in a unique position to develop more hydroelectric facilities while ensuring
the storage and delivery of high quality drinking water to its citizens and other New York
residents. In addition, the City is uniquely positioned to develop these proposed
hydroelectric facilities in a manner that provides for the safe operation of the water supply
system, including water quality protection, flood control, conservation releases and
compliance with the U.S. Environmental Protection Agency Filtration Avoidance
Determinations, the Delaware River Basin Commission and the 1954 Amended Supreme
Court Decree.

J:\DATA\Client6 12456-\12804\Final PPA\City PPA.doc


43
ATTESTATION
Pursuant to 18 C.F.R. § 4.32(a)(4)(i)

This COMPETING PRELIMINARY PERMIT APPLICATION is executed in

State of New York

County of AinJ “br lc_/Qucct~5


By: (Name) Et-iILN ~
(Address) 59—11 .Sut.Jcr~cz~,J ‘~‘%“a
iI~n’3
(Phone) ~1IS .~9c
I, &I4iL?i L-Joq4, being duly sworn, depose and say that the contents of this
application are true to the best of my knowledge, information or belief. The
undersigned applicant has signed this application this It- day of SeP*eI~eke2OO8.
Pursuant to 18 C.F.R. 4.32(a)(4)(i), this application will be filed by Robert M.
Loug ey, Esq. a per on authorized herein to act as agent for the applicant in this

appli àtion.

(Applicant)__________________________________

By: G&ILLJ L01~


(Name)

Subscribed and sworn to before me, a Notary Public of the State of New York, this
I)’~” dayof ~Iep/e~wAe/ ,2008.

~
Notary Public State of New YorI(

Commissioned in b~ )~ k County
~.-

My commission expires 4/J4J ) C C T


BRIAN H. GELLEFI
Notary ~11 ~
Qualified in New York Count.’
Commission Expires Sept. 19, ~ 9’


SUBCHAPTER 4
WATER SUPPLY; MISCELLANEOUS
§ 24—364 Utilization of water to generate electric current.
§ 24—365 Cemetery and burial grounds.

§ 24—364 Utilization of water to generate electric current.


The commissioner of environmental protection may, subject to the
approval of the board of estimate, utilize such water as the depart
ment of environmental protection now owns or as it may hereafter
acquire, for the purpose of generating electric current for the use
of the municipality, or may permit the utifization of such water for
~he generation and sale ofelectric current by an electric corporation
which was the owner of a developed or undeveloped water power
site or sites affected, acquired or damaged by the execution of a
plan or project of the city for an additional water supply, and the
commissioner of environmental protection, with the approval of the
board of estimate, in connection with the settlement of a resultant
450

~1iap. 3] WATER SUPPLY § 24—365


laim for damage made by such electric corporation, may grant or
âse to such electric corporation for periods not to exceed fifty
2ars, rights in, or to use, the lands and waters of the city for the
~eneration of electric current as herein provided, for such consid
~ration and on such terms and conditions as are, in the opinion of
he commissioner, in the best interests of the city of New York,
flicluding but not limited to a general release of such claim, pro
ded that such grant or lease may be made at the time of settlement
~f the claim as above provided but the period of use under the
~rms of the lease or grant, not to exceed fifty years, may commence
when generation of electric current thereunder shall begm, provided
that no additional water shall be used for such purpose than would
~c otherwise be required by the city.
HISTORICAL NOTE
Section added chap 907/1985 § 1

DERrVATION
Formerly § K5I—48.0 added chap 929/1937 § I
Amended chap 804/1946 § 1
Renumbered chap 10011963 § 1397
(fonnerly § K4148.0)

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