DEC Policy

“Best Technology Available” and the New York State DEC

Overview

On March 4, 2010, the New York State Department of Environmental Conservation (DEC) issued their proposed policy on Best Technology Available (BTA) for Cooling Water Intake Structures.  Aimed at reducing fish and fish egg mortality rates from entrainment and impingement at facilities that require water intake from New York rivers and lakes, the proposed policy could lead to closed-cycle cooling infrastructure, such as cooling towers, being constructed at hundreds of facilities across New York State.

Policy Impact

If adopted the policy would impact more than 50 percent of the state’s electricity generating fleet, and many other manufacturing and industrial facilities. The DEC has estimated that the policy will cost $8.5 billion, which would significantly impact electricity bills. In addition to these costs, the proposed policy would be detrimental to the state’s electric reliability by prolonged plant closure for retrofits; capacity output reductions to power the new cooling infrastructure; some power plants might close outright due to the costs of such a retrofit. Additional concerns include environmental impacts of the construction and installation, as well as noise and aesthetic consequences of building cooling towers along New York waterways. Even without the loss of key power sources due to the DEC policy, New York State already faces reliability challenges, and the New York State Independent System Operator (NYISO) has recently noted that closure of large downstate power plants such as the Indian Point Energy Center would result in an “immediate violation of reliability standards.”

Where We Are Today

New York AREA and its members understand the importance of maintaining and protecting New York State’s natural resources. To date, no studies have been conducted or commissioned by the DEC to evaluate the impact and effectiveness of the policy proposal. Alternatives to the policy can serve the same goals of protecting aquatic life while minimizing the impact on New York’s economy and power supply. Many New York waterways, such as the Hudson River, have staged a remarkable comeback from 30 years ago, and fish stocks in many areas are thriving. With billions of dollars at stake for ratepayers, potential statewide electric reliability challenges, and potential job losses at many facilities, New York AREA calls on the DEC to conduct due diligence through independent studies and prove that the proposed policy is necessary and will be effective.

Should this determination be made, the rigidity of the proposed policy must be amended to include other viable and more cost-effective technologies that will minimize any impact on aquatic life. One example is the wedgewire screen system proposed by Entergy for installation at Indian Point, which would reduce impingement and entrainment by up to 90 percent.

New York AREA has been a leading voice in opposition to the proposed policy, repeatedly calling for additional study on the policy’s impact on system reliability, air quality, jobs and the economy, as well as on the quality of life including regional aesthetics for residents surrounding each affected facility. In 2010, New York AREA met with former Commissioner Grannis and his senior staff to voice our members’ concerns and offer recommended changes, hosted two energy forums for stakeholders to discuss the policy and its impacts, and remained actively engaged in media communications regarding the impact of this policy.

Get Engaged

New York AREA encourages you to get engaged and let the DEC know that you oppose the current policy, for more information please contact us by email today, or call us at 212-683-1203.

 Key Resources

News Clips