STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS

Counsels Office 10B Airline Drive, Albany, New York 12235 Tel: 518-457-1059 Fax: 518-457-8842 www.agriculture.ny.gov October 29, 2013 Via E-Mail Hon. Eleanor Stein, ALJ Department of Public Service Three Empire State Plaza, 3rd Floor Albany, New York 12223 Re: Case No. 12-T-0248 Application of New York State Electric & Gas Corporation for a Certificate of Environmental Compatibility and Public Need for the Construction of the "Columbia County Transmission Project," Approximately 11.1 Miles of 115 Kilovolt Transmission Lines and related facilities in the Towns of Chatham, Ghent, and Stockport, in Columbia County. Dear Judge Stein, The Department of Agriculture and Markets (DAM) submits this letter to identify two alternative switching station sites and an alternative route segment that it would support if the Public Service Commission were to make the statutory findings specified in Public Service Law 126 (1) that are not related to the routing of the transmission facility. DAM believes that the alternative sites and route segment would better mitigate the impact of the proposed transmission project on agricultural lands under Public Service Law 126 (1) (c) than the alternatives proposed by the applicant. Accordingly, DAM respectfully requests that the Commission fully consider these alternatives.

Judge Stein October 29, 2013 Page 2

Woodland Site Alternative for Ghent Switching Station DAM has identified an alternative location for the proposed Ghent switching station, called the Woodland Site Alternative. The Woodland Site Alternative is located on a wooded lot just to the east of the Stockport-Ghent Town Line and along the right of way (ROW) proposed by the applicant for the extension of the National Grid Trunk 15. The Woodland Site Alternative is depicted in Attachment A to this letter. This proposal would require a small modification to the applicants proposed ROW route. Where the applicants proposed Line 726 turns north to connect to the applicants proposed switching station site, the Woodland Site Alternative would require that Line 726 continue to the west, in a generally straight line, to the Woodland Site Alternative. The extension of the National Grid Trunk 15 would then extend from the Woodland Site Alternative to the existing Trunk 15. Attachment A does not depict the modified Line 726 and Trunk 15 route. The Woodland Site Alternative has several advantages over the two switching station alternatives proposed by the applicant. First, unlike either of the alternatives proposed by the applicant, the Woodland Site Alternative would not require the permanent conversion of any agricultural land located within Columbia County Agricultural District No. 10. Second, the Woodland Site Alternative would shorten the length of the double-structured Trunk 15 extension. This would result in fewer structures being placed on agricultural land, minimizing the impact of the project on agricultural activities. Third, the Woodland Site Alternative would result in a narrower crossing of Widows Creek and one of its tributaries, which would be crossed by the 100-foot-wide Line 726 ROW rather than the 150-foot-wide Trunk 15 ROW. Considering these advantages, DAM believes that this site warrants full consideration.

Judge Stein October 29, 2013 Page 3

Industrial Site Alternative for Ghent Switching Station DAM believes that the Woodland Site Alternative would best minimize the impact of the switching station and transmission lines on agricultural land. However, should the Woodland Site Alternative prove impractical or unworkable, DAM has identified a second alternative location for the proposed Ghent switching station, called the Industrial Site Alternative. The Industrial Site Alternative is located in an industrial park to the northwest of the field where the applicant proposed to locate the switching station (the field). The Industrial Site Alternative is depicted in the red box in Attachment B to this letter. The red box in Attachment B outlines a larger plot of land than is actually needed, in order to provide some flexibility in the exact location of the switching station. DAM believes that the station could fit within the northeast corner of the red box, which would place it entirely on property owned by Summit Development Group, a willing seller, and would require no disturbance of the surrounding land use. The only other landowner within the red box is Long Oil Heat Company, which uses the southeast corner of the site to store propane tanks that DAM believes could be relocated. The Industrial Site Alternative would require a small modification to the applicants proposed ROW route. Where the applicants proposed Line 726 enters the field and turns to the north, the Industrial Site Alternative would require that Line 726 continue along the southern edge of the field. The modified Line 726 would then turn northwest and cross the field at its narrowest point. Line 726 would cross the Widows Creek stream before connecting to the switching station. A modified Line 726 route is depicted as a solid orange line in Attachment B. The Industrial Site Alternative would then require that the Trunk 15 extension run in a straight, southwesterly line from the switching station to the National Grid Trunk 15. A modified Trunk 15 route is depicted as two solid blue lines in Attachment B. Although Attachment B depicts

Judge Stein October 29, 2013 Page 4

suggested routes for Line 726 and Trunk 15, DAM is willing to consider other routes into and out of the Industrial Site Alternative. The Industrial Site Alternative has several advantages over the two potential switching station sites proposed by the applicant. First, a switching station located at the Industrial Site Alternative would be more consistent with surrounding land uses. The Industrial Site Alternative is zoned Commercial Industrial, and the surrounding parcels are being used for industrial activities. Unlike the sites considered by the applicant, the Industrial Site Alternative would not require the permanent conversion of active agricultural land, located within Columbia County Agricultural District No. 10, to accommodate the switching station footprint. Second, the Industrial Site Alternative would reduce the length of agricultural land crossed by the doublestructured Trunk 15 extension, reducing the number of structures on agricultural land and hence the impact to agricultural resources. Third, the Industrial Site Alternative would result in a narrower crossing of Widows Creek, which would be crossed by the 100-foot-wide Line 726 ROW, rather than the 150-foot-wide Trunk 15 ROW. Finally, most of the site is situated on land owned by Summit Development Group, which has expressed an interest in selling the land to the applicant. DAM believes it would be feasible to build the switching station on the Industrial Site Alternative and to connect that station to the National Grid Trunk 15 and the remainder of the proposed Line 726. Although some grading might be required to construct a switching station at this site, DAM believes that the amount of grading would not preclude construction. During cross examination of the applicants direct case, Dusty Werth testified that the applicant had not considered the feasibility of grading this site to build a switching station. Werth also testified that if the switching station were located in the industrial site, Line 726 could be routed to the

Judge Stein October 29, 2013 Page 5

south from that site and then east to the remainder of the proposed route. DAM believes that it is feasible to route the Trunk 15 extension directly from the Industrial Site Alternative to the existing Trunk 15. Given the substantial benefits of locating the substation in an existing industrial site owned, in whole or in large part, by a willing seller, DAM believes that this alternative site warrants full consideration. Sugarbush Alternative Route Segment DAM has identified an alternative route segment for the proposed Line 726 ROW, called the Sugarbush Alternative. The Sugarbush Alternative would straighten a short portion of Line 726 where it runs between Leggett Road and Old Post Road in the Town of Ghent, as identified by the red line in Attachment C to this letter. This alternative would allow the ROW to avoid a stand of maple trees used for the production of maple syrup by the landowner. Maple syrup producers have a significant investment in production equipment, which must be operated at or near capacity to provide a return on the investment. The removal of maple trees being used for agricultural purposes on this property would decrease the amount of sap production by the landowner and reduce the efficiency of his equipment. The Sugarbush Alternative would not appear to impact any other environmental resources, and is worth fully exploring in order to avoid substantial adverse impact on the landowners sugaring operation. If granted, the certificate should also provide sufficient routing flexibility to ensure, to the extent practicable, that this portion of the ROW avoids disturbing any maple trees used in the sugarbush. Very truly yours,

Brian Lusignan
Brian Lusignan Senior Attorney

Alternate Switch Station Location

Attachment A -- Woodland Site Alternative

Roads Existing NYSEG Transmission Line Existing National Grid Transmission Line ... Circuit #726 Extension of National Grid
- ~~ - 115-kV Trunk #15

c:::J Existing ROW Boundary r::J Circuit 726 New Right-of-Way

Areas of Permanent Clearing

500

250

500

Columbia County Transmission Project Aerial Location of Proposed Facility Figure 2-3j Page 10 of 10

Alternate Switching Station Location

Attachment B -- Industrial Site Alternative

-Roads Existing NYSEG Transmission Line

CJ Existing ROW Boundary

Circuit #726

r-- Circuit 726 New Right-of-Way

Areas of Permanent Clearing

. - - Existing National Grid Transmission Line

Extension of National Grid - ~~ - 115-kV Trunk #15

NYSEG
500 250
0

- - Streams

L..: :J Town Boundary

500

liEI

Columbia County Transmission Project Aerial Location of Proposed Facility Figure 2-3j Pa 10of10

Alternate Route Segment

Attachment C -- Sugarbush Alternative Route Segment