DOCKET NO - DOC 4

							DOCKET NO. 187 - PDC-El Paso Milford LLC (a.k.a. Milford                }              Connecticut
Power, LLC) Certificate of Environmental Compatibility and
Public Need: Reopening pursuant to Connecticut General Statues          }                 Siting
(CGS) § 4-181a (b), that permits an agency to consider whether
changed conditions exist, and then consider whether such                }                Council
changes, if any, justify reversing or modifying the Council’s
original decision dated January 8, 1999.                                }             April 7, 2009

                                           Decision and Order

In response to a Petition for Reconsideration submitted on December 1, 2008 by the Certificate Holder in
this docket, PDC-El Paso Milford LLC (a.k.a. Milford Power, LLC), the Connecticut Siting Council
(Council) hereby modifies its Docket No. 187 Decision and Order of January 8, 1999 Decision and
Order 1(b), is hereby modified, as described below.

1. Decision and Order 1(b) in Docket No. 187 is modified to now read as follows:

    “The facility shall cease use of potable water as a primary cooling source, and in no event shall use
    of potable water exceed 15 percent of the total annual average or obtain advance approval from the
    Council and/or the Chairman to avoid any unnecessary delay or curtailment of facility operations and
    to meet permitting requirements of other regulatory authorities.”

2. The Certificate Holder shall provide an annual report on the use of potable water as a cooling water
   source including identifying contingency events.

3. The Certificate Holder shall pursue the cooling tower air emission permit modifications with the
   Department of Environmental Protection and provide documentation of the DEP’s determination.

4. The Certificate Holder shall investigate and report on alternatives to reduce use of potable water
   within one year of issuance of this decision.

We hereby direct that a copy of the Findings of Fact, Opinion, and Decision and Order be served on each
person listed below, and notice of issuance published in The Hartford Courant and The New Haven
Register.

By this Decision and Order, the Council disposes of the legal rights, duties, and privileges of each party
named or admitted to the proceeding in accordance with Section 16-50j-17 of the Regulations of
Connecticut State Agencies.


The parties and intervenors to this proceeding are:




                                                                                                        over
Docket No. 187
Decision and Order
April 7, 2009
Page 2

Applicant                            Its Representative
PDC - El Paso Milford, LLC           Michael Cartney
                                     Milford Power Company, LLC
                                     55 Shelland Street
                                     Milford, CT 06460

                                     Tom Favinger
                                     CPV Milford, LLC
                                     c/o Competitive Power Ventures, Inc.
                                     8403 Colesville Road
                                     Suite 915
                                     Silver Spring, MD 20910

                                     Timothy P. Kober
                                     Nixon Peabody LLP
                                     437 Madison Avenue
                                     New York, NY 10022

                                     James A. Hanley, CCTS
                                     Assistant Vice President
                                     Wilmington Trust Company
                                     Rodney Square North
                                     1100 North Market Street
                                     Wilmington, DE 19890-1605

                                     Franca L. DeRosa, Esq.
                                     Brown Rudnick Berlack Israels LLP
                                     CityPlace I, 185 Asylum Street
                                     Hartford, CT 06103
                                     (860) 509-6500
                                     (860) 509-6501 fax
                                     fderosa@brownrudnick.com

Intervenor                          Its Representative
Connecticut     Light   and   Power Senior Counsel
Company                             Northeast Utilities Service Company
                                    P.O. Box 270
                                    Hartford, CT 06141-0270
                                    (860) 665-3395

Intervenor                           Its Representative
Southern Connecticut Gas Company     David Silverstone
                                     Southern Connecticut Gas Company
                                     855 Main Street
                                     Bridgeport, CT 06604
                                     (203) 382-8301

Intervenor                        Its Representative
Iroquois Gas Transmission System, Paul W. Diehl
L.P.                              Iroquois Gas Transmission System, L.P.
                                  One Corporate Drive
                                  Shelton, CT 06484
                                  (203) 925-7200