Preview
FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
CHPE PROPERTIES, INC.,
ATTORNEY
Petitioner, AFFIRMATION IN
SUPPORT
v.
NYBOVIA LLC, Index No.
Respondent.
KATHLEEN M. BENNETT, ESQ., hereby affirms the following under penalty of
perjury:
1. I am an attorney duly licensed to practice law in the State of New York and a
member of the law firm of Bond, Schoeneck & King, PLLC, attorneys for Petitioner, CHPE
Properties, Inc. (“Petitioner”).
2. I was engaged by the Petitioner to assist with acquisition of a certain temporary
easement via eminent domain for the purpose of construction and operation of an underground
electric transmission line. As such, I am fully familiar with the facts and circumstances set forth
herein.
3. I submit this affirmation in support of Petitioner’s order to show cause seeking an
immediate right of entry onto Respondent NYBOVIA LLC’s property for purposes of undertaking
any and all construction activity and temporary occupancy during construction pursuant to
Sections 402(B) and 404 of the Eminent Domain Procedure Law (“EDPL”).
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Background
4. Petitioner CHPE Properties, Inc. is a corporation organized and existing under the
Transportation Corporation Law of the State of New York and as such has the power of eminent
domain. See N.Y. Trans. Corp. L. §11(3-a).
5. In fact, other utility companies such as Niagara Mohawk Power Corporation, New
York State Electric and Gas Corporation, and Central Hudson Gas & Electric Corporation are all
organized as transportation corporations under the New York State Transportation Corporation
Law.
6. The Project is an innovative renewable power transmission project that will deliver
clean power to New York. The principal portion of the Project is a High Voltage, Direct Current
(HVDC) transmission line extending approximately 339 miles from the New York/Canada border
to a converter station in Astoria, Queens. The line will connect renewable sources of power
generation in eastern Canada with areas of demand in and around the New York City and southwest
New England area through the burial of electric cables within 70 miles of railroad right of way and
285 miles of waterways. The line consists of two solid dielectric (i.e., no fluids) HVDC electric
cables, each approximately six inches in diameter. The cables will be installed either underwater
or underground along the entire length of the route, minimizing visual and other potential
environmental impacts.
7. The public use, benefit and purpose of the Project is to create a new transmission
entry into the New York City load pocket and enable a substantial increase in the State’s utilization
of renewable resources.
8. As New York State moves to decarbonize the power grid, the Project will serve as
a valuable source of clean energy by bringing electricity directly to New York City.
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9. The New York Independent System Operator (“NYISO”) is responsible for
managing New York’s electric grid and its competitive wholesale electric marketplace on a daily,
hourly, and minute-to-minute basis. “The NYISO is charged with reliably operating New York’s
power grid, meeting the most stringent standards in the nation, under strict regulatory oversight.
The NYISO plans the power system for the future, over one, five and ten-year studies, to maintain
long term reliability, reduce congestion on the transmission system, and meet public policy needs
calling for new transmission, such as lines to bring renewable resources to customers.” See
https://www.nyiso.com/faq (last visited February 27, 2024).
10. In early 2023, the NYISO released its Reliability Needs Assessment (“RNA”)
which evaluated the reliability of the New York bulk electric grid for the next 10 years. The RNA
found thinning reliability margins across New York State and found that New York City faces the
greatest risk, with reliability margins projected to be 50MW in 2025, which is equal to less than
1% of the forecasted New York City peak demand. See https://www.nyiso.com/-/timing-of-chpe-
transmission-project-vital-to-future-grid-reliability (last visited February 27, 2024).
11. “The risks in New York City are due to limited generation and transmission
capability. In the case of generation, retirements of peaker plants pursuant to new emissions rules
by the New York State Department of Environmental Conservation (DEC Peaker Rule) will reduce
available resources for additional electricity at times of high demand.” See id.
12. The potential shortfall is large enough to cause concerns for rolling blackouts as
early as 2025. See https://www.empirecenter.org/publications/get-ready-for-the-new-york-city-
blackout-of-2025/ (last visited February 27, 2024).
13. Approximately 50% of New York City’s electricity comes from in-city power
plants. The rest comes from Westchester County and surrounding regions. See
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https://www.urbangreencouncil.org/state-of-the-new-york-city-grid/ (last visited February 27,
2024).
14. In-city power plants that run on natural gas or fuel oil release greenhouse gases and
other air pollutants that cause air quality and health issues. See
https://climate.cityofnewyork.us/subtopics/systems/#:~:text=NYC%20relies%20on%2024%20in
,health%20issues%20in%20NYC%20communities (last visited February 27, 2024).
15. “A major risk factor identified in the RNA is a delay in the completion of CHPE, a
339-mile underground cable that will deliver 1,250 megawatts (MW) of emissions-free electricity
from Hydro-Quebec to New York City.” See https://www.nyiso.com/-/timing-of-chpe-
transmission-project-vital-to-future-grid-reliability (last visited June 14, 2024).
16. “CHPE will also provide a vital contribution to the reliability margins that are
tightening over time. Over the 10-year RNA study period, the margins fluctuate with changing
projects and conditions. By the time CHPE comes online, New York City could have a reliability
margin of just 50 MW (less than 1%), an extremely low figure for the densest population area of
the entire state.” See id.
17. “Even with CHPE scheduled to begin operation in 2026, the margin increases
substantially, but narrows again to about 100 MW by 2032 due to increases in demand. Without
CHPE, in only a few years margins would be such that there will be more electricity demand on
peak days than what the grid can provide.” See id.
18. According to the NYISO, “[t]hese findings underscore the importance of CHPE
entering into operation on schedule in order to avoid reliability problems in New York City and
elsewhere.” See id.
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19. The Project, which serves a vital public purpose, has been in the works for almost
15-years.
20. In fact, “all 35 communities through which the line passes have enacted resolutions
in support of the project.” See https://www.eenews.net/articles/how-a-6b-transmission-project-
made-it-in-new-york/ (last visited February 27, 2024).
21. “Getting buy-in from New York communities along the Project path required years
of public meetings, multiple changes to the route and negotiations with communities over
compensation packages.” See Id.
22. The Public Service Commission ("PSC") issued a Certificate of Environmental
Compatibility and Public Need for the Project on April 18, 2013 (the “Certificate”), which remains
in full force and effect. A copy of the Certificate is attached to Petitioner’s Verified Petition as
Exhibit C.
23. The Certificate required Petitioner to obtain environmental management and
construction plans (“EM&CP”) for each segment of the Project. See id. The EM&CP serves to
report on specific site-by-site environmental conditions and the location of various facilities while
also addressing specific construction techniques.
24. The Project is divided into 24 separate Segments. See Ex. A. The property at issue
in this proceeding is located in Segment 12. See id. As part of the process required by the
Certificate, the PSC approved the EM&CP for Segment 12 on August 18, 2023. A copy of the
EM&CP approval for Segment 12 is attached to Petitioner’s Verified Petition as Exhibit E.
Applicable portions of the EM&CP for Segment 12 are attached hereto as Exhibit A.
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25. Petitioner is obligated to commence transmission of power by May 2026, or it will
be subject to serious financial penalties, interest payments, and increased costs that would total
hundreds of millions of dollars per year.
26. Petitioner is seeking a temporary easement over, under and across Respondent’s
property commonly known as 57 North Route 9W, Haverstraw, New York 10927, and identified
as Tax Map Parcel No. 26.60-1-15 in the Village and Town of Haverstraw, County of Rockland,
New York (the “Property”). See Petitioner’s Verified Petition. The Property consists of a
commercial property containing a one-story 6,000 square foot office building that is adjacent to
U.S. Route 9W. A copy of the title search packet is attached to Petitioner’s Verified Petition as
Exhibit A.
27. The temporary easement of the Property area is adjacent to U.S. Route 9W, and
ranges from 4 feet to 24 feet in width and is 86 feet in length. See Ex. F to the Verified Petition.
Total area of the temporary easement is 0.03-acres. See id. The temporary easement is for access,
work areas and construction in connection with the CHPE Transmission Line Project.
28. Petitioner has made several attempts to obtain the temporary easement via a
negotiated transaction with Respondent, but those efforts have not been successful.
29. The Petitioner has requested access to the Propert, but those requests were either
unanswered or denied.
30. On May 22, 2024, Petitioner sent Respondent an EDPL offer letter, providing
Petitioner’s offer to purchase the necessary easement and a proposed grant of temporary easement.
This correspondence has gone unanswered, and no agreement has been reached. A copy of the
EDPL offer letter sent to Respondent is attached to Petitioner’s Verified Petition as Exhibit B.
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31. The current status of Petitioner’s project is rapidly approaching Respondent’s
Property. Respondent’s property is part of the critical path of the Project due to its proximity to
U.S. Route 9W and as a result, any delay in performing the necessary work on Respondent’s
property will cause significant construction delays. The New York State Department of
Transportation (“NYSDOT”) limits Petitioner’s ability to impact U.S. Route 9W while
constructing the Project. As Petitioner’s work requires NYSDOT to close lanes on U.S. Route 9W,
the NYSDOT places limitations on the times when Petitioner may construct the line, thereby
requiring CHPE to have access to all properties along the route. Similarly, Petitioner is limited to
constructing the Project on the West side of U.S. Route 9W. As Petitioner is unable to cross U.S.
Route 9W, Respondent’s property is part of the critical path for the Project and as a result, any
delay in the work necessary to the Project on Respondent’s property will delay the construction on
other properties throughout Rockland County.
32. Petitioner will utilize both open trenching as well as horizontal directional drilling
to install the transmission lines. However, the horizontal directional drilling cannot begin unless
Petitioner’s construction teams have constructed both the entry and receiving pits for the drilling.
Petitioner is not able to perform construction tasks out of order and as a result, the delay at any
property will create a domino effect of delays in the outcomes of subsequent properties, including
site work and the trenching and installation of the electric cables, splice vaults and other necessary
equipment. Petitioner is further restricted to following the critical path of the Project due to the
density of the population of the area surrounding Respondent’s property. Accordingly, any delays
to the necessary work on Respondent’s property, including site work, site clearing, grubbing and
preparation for trenching and/or drilling, trenching and the installation of the electric cables, splice
vaults, drill pads and other necessary equipment will create a cascading effect on Petitioner’s
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construction schedule and ability to meet its May 2026 deadline to construct the Project and
commence transmission of energy.
33. Accordingly, if Petitioner does not have a right of entry onto Respondent’s property
to perform the necessary site work and temporary occupancy by June 28, 2024, Petitioner’s
construction schedule will be severely delayed, severely impacting Petitioner’s ability to construct
the Project and commence transmission of energy by the Project’s May 2026 deadline. If Petitioner
is unable to construct the Project and commence the transmission of energy by the May 2026
deadline, Petitioner will be subject to hundreds of millions of dollars in penalties, interest payments
and increased construction costs. Additionally, the project delays will significantly postpone the
transmission of renewable energy and would require continued reliance on fossil fuels to meet the
energy needs of New York City and southwestern New England.
34. Similarly, any delays in the completion of the Project and transmission of electricity
will cause massive impacts on the New York City grid, resulting in decreased power reliability
and increased power outages for one of the largest and most dense metropolitan areas in the world.
As the NYSIO determined in its 2022 Reliability Needs Assessment, the New York City grid is
dangerously close to not being able to meet the needs of the New York City population during
peak power usage over the next 10 years. A copy of the NYISO’s 2022 Reliability Needs
Assessment is attached as Exhibit B. As the NYISO points out, Petitioner’s Project is critical to
maintaining the reliability margin for New York City. Delays in Petitioner’s construction schedule
will thus delay the transmission of the critically needed electricity to New York City, increasing
the likelihood that New York City will suffer from expansive blackouts.
35. Pursuant to Section 402(B)(6) of the EDPL, “[w]hen it appears to the satisfaction
of the court at any stage of the proceedings, that the public interests will be prejudiced by delay, it
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may direct that the condemnor be permitted to enter immediately upon the real property to be
taken, and devote it temporarily to the public use specified in the petition, upon the deposit with
the court of a sum to be fixed by the court upon a notice to the parties of not less than eight days.”
36. Pursuant to Section 404 of the EDPL, "the condemnor, its officers, agents or
contractors when acquiring real property in accordance with this law, or when engaged in work
connected with a proposed public project, as described in this law, shall have the right to enter
upon any real property for the purpose of making surveys, test pits and borings, or other
investigations, and also for temporary occupancy during construction."
37. Petitioner has acquired many of the easements needed for the Project and its
surveyors and contractors have begun mobilization.
38. CHPE has obtained Orders to Show Cause for immediate access in the following
proceedings:
CHPE Properties, Inc. v. Alexander A. Conarpe, Estate of Alexander A. Conarpe,
Theresa Conarpe, Caroline Garrett as Administrator of the Estate of Theresa
Conarpe a/k/a Theresa Jennifer Conarpe, John Doe and Jane Doe, Index Number
EF2024-111;
CHPE Properties, Inc. v. James Davis, Estate of James Davis, Sarah Davis and
Estate of Sarah Davis, John Doe and Jane Doe, Index Number EF2024-91; and
CHPE Properties, Inc. v. William Trent Higgins, Index Number EF20241394.
39. Respondent is unwilling to consent to access or other work being done on the
Property.
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40. On June 14, 2024, my office called Respondent and informed them that the
proposed order to show cause and supporting papers would be filed with NYSCEF on June 14,
2024.
41. Given the serious time constraints with respect to Petitioner’s construction
schedule, the critical path for the Project, need to perform site clearing and grubbing, including
tree trimming and removal, and the May 2026 deadline to construct the Project and commence
transmission of energy, Petitioner is seeking immediate entry onto the Property as expressly
permitted in EDPL 402(B)(6) and 404 to avoid significant delays and added costs.
Dated: June 14, 2024
________________________________
Kathleen M. Bennett, Esq.
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CERTIFICATION
I, Kathleen M. Bennett, Esq., certify that this affirmation contains 2,477 words, excluding
the caption, signature block and this certification, and thus complies with the 7,000 word count
limit set forth in 22 NYCRR 202.8-a.
________________________________
Kathleen M. Bennett, Esq.
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FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND CHPE PROPERTIES, INC., ATTORNEY Petitioner, AFFIRMATION IN SUPPORT v. NYBOVIA LLC, Index No. Respondent. KATHLEEN M. BENNETT, ESQ., hereby affirms the following under penalty of perjury: 1. I am an attorney duly licensed to practice law in the State of New York and a member of the law firm of Bond, Schoeneck & King, PLLC, attorneys for Petitioner, CHPE Properties, Inc. (“Petitioner”). 2. I was engaged by the Petitioner to assist with acquisition of a certain temporary easement via eminent domain for the purpose of construction and operation of an underground electric transmission line. As such, I am fully familiar with the facts and circumstances set forth herein. 3. I submit this affirmation in support of Petitioner’s order to show cause seeking an immediate right of entry onto Respondent NYBOVIA LLC’s property for purposes of undertaking any and all construction activity and temporary occupancy during construction pursuant to Sections 402(B) and 404 of the Eminent Domain Procedure Law (“EDPL”). 1 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 1 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 Background 4. Petitioner CHPE Properties, Inc. is a corporation organized and existing under the Transportation Corporation Law of the State of New York and as such has the power of eminent domain. See N.Y. Trans. Corp. L. §11(3-a). 5. In fact, other utility companies such as Niagara Mohawk Power Corporation, New York State Electric and Gas Corporation, and Central Hudson Gas & Electric Corporation are all organized as transportation corporations under the New York State Transportation Corporation Law. 6. The Project is an innovative renewable power transmission project that will deliver clean power to New York. The principal portion of the Project is a High Voltage, Direct Current (HVDC) transmission line extending approximately 339 miles from the New York/Canada border to a converter station in Astoria, Queens. The line will connect renewable sources of power generation in eastern Canada with areas of demand in and around the New York City and southwest New England area through the burial of electric cables within 70 miles of railroad right of way and 285 miles of waterways. The line consists of two solid dielectric (i.e., no fluids) HVDC electric cables, each approximately six inches in diameter. The cables will be installed either underwater or underground along the entire length of the route, minimizing visual and other potential environmental impacts. 7. The public use, benefit and purpose of the Project is to create a new transmission entry into the New York City load pocket and enable a substantial increase in the State’s utilization of renewable resources. 8. As New York State moves to decarbonize the power grid, the Project will serve as a valuable source of clean energy by bringing electricity directly to New York City. 2 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 2 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 9. The New York Independent System Operator (“NYISO”) is responsible for managing New York’s electric grid and its competitive wholesale electric marketplace on a daily, hourly, and minute-to-minute basis. “The NYISO is charged with reliably operating New York’s power grid, meeting the most stringent standards in the nation, under strict regulatory oversight. The NYISO plans the power system for the future, over one, five and ten-year studies, to maintain long term reliability, reduce congestion on the transmission system, and meet public policy needs calling for new transmission, such as lines to bring renewable resources to customers.” See https://www.nyiso.com/faq (last visited February 27, 2024). 10. In early 2023, the NYISO released its Reliability Needs Assessment (“RNA”) which evaluated the reliability of the New York bulk electric grid for the next 10 years. The RNA found thinning reliability margins across New York State and found that New York City faces the greatest risk, with reliability margins projected to be 50MW in 2025, which is equal to less than 1% of the forecasted New York City peak demand. See https://www.nyiso.com/-/timing-of-chpe- transmission-project-vital-to-future-grid-reliability (last visited February 27, 2024). 11. “The risks in New York City are due to limited generation and transmission capability. In the case of generation, retirements of peaker plants pursuant to new emissions rules by the New York State Department of Environmental Conservation (DEC Peaker Rule) will reduce available resources for additional electricity at times of high demand.” See id. 12. The potential shortfall is large enough to cause concerns for rolling blackouts as early as 2025. See https://www.empirecenter.org/publications/get-ready-for-the-new-york-city- blackout-of-2025/ (last visited February 27, 2024). 13. Approximately 50% of New York City’s electricity comes from in-city power plants. The rest comes from Westchester County and surrounding regions. See 3 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 3 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 https://www.urbangreencouncil.org/state-of-the-new-york-city-grid/ (last visited February 27, 2024). 14. In-city power plants that run on natural gas or fuel oil release greenhouse gases and other air pollutants that cause air quality and health issues. See https://climate.cityofnewyork.us/subtopics/systems/#:~:text=NYC%20relies%20on%2024%20in ,health%20issues%20in%20NYC%20communities (last visited February 27, 2024). 15. “A major risk factor identified in the RNA is a delay in the completion of CHPE, a 339-mile underground cable that will deliver 1,250 megawatts (MW) of emissions-free electricity from Hydro-Quebec to New York City.” See https://www.nyiso.com/-/timing-of-chpe- transmission-project-vital-to-future-grid-reliability (last visited June 14, 2024). 16. “CHPE will also provide a vital contribution to the reliability margins that are tightening over time. Over the 10-year RNA study period, the margins fluctuate with changing projects and conditions. By the time CHPE comes online, New York City could have a reliability margin of just 50 MW (less than 1%), an extremely low figure for the densest population area of the entire state.” See id. 17. “Even with CHPE scheduled to begin operation in 2026, the margin increases substantially, but narrows again to about 100 MW by 2032 due to increases in demand. Without CHPE, in only a few years margins would be such that there will be more electricity demand on peak days than what the grid can provide.” See id. 18. According to the NYISO, “[t]hese findings underscore the importance of CHPE entering into operation on schedule in order to avoid reliability problems in New York City and elsewhere.” See id. 4 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 4 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 19. The Project, which serves a vital public purpose, has been in the works for almost 15-years. 20. In fact, “all 35 communities through which the line passes have enacted resolutions in support of the project.” See https://www.eenews.net/articles/how-a-6b-transmission-project- made-it-in-new-york/ (last visited February 27, 2024). 21. “Getting buy-in from New York communities along the Project path required years of public meetings, multiple changes to the route and negotiations with communities over compensation packages.” See Id. 22. The Public Service Commission ("PSC") issued a Certificate of Environmental Compatibility and Public Need for the Project on April 18, 2013 (the “Certificate”), which remains in full force and effect. A copy of the Certificate is attached to Petitioner’s Verified Petition as Exhibit C. 23. The Certificate required Petitioner to obtain environmental management and construction plans (“EM&CP”) for each segment of the Project. See id. The EM&CP serves to report on specific site-by-site environmental conditions and the location of various facilities while also addressing specific construction techniques. 24. The Project is divided into 24 separate Segments. See Ex. A. The property at issue in this proceeding is located in Segment 12. See id. As part of the process required by the Certificate, the PSC approved the EM&CP for Segment 12 on August 18, 2023. A copy of the EM&CP approval for Segment 12 is attached to Petitioner’s Verified Petition as Exhibit E. Applicable portions of the EM&CP for Segment 12 are attached hereto as Exhibit A. 5 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 5 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 25. Petitioner is obligated to commence transmission of power by May 2026, or it will be subject to serious financial penalties, interest payments, and increased costs that would total hundreds of millions of dollars per year. 26. Petitioner is seeking a temporary easement over, under and across Respondent’s property commonly known as 57 North Route 9W, Haverstraw, New York 10927, and identified as Tax Map Parcel No. 26.60-1-15 in the Village and Town of Haverstraw, County of Rockland, New York (the “Property”). See Petitioner’s Verified Petition. The Property consists of a commercial property containing a one-story 6,000 square foot office building that is adjacent to U.S. Route 9W. A copy of the title search packet is attached to Petitioner’s Verified Petition as Exhibit A. 27. The temporary easement of the Property area is adjacent to U.S. Route 9W, and ranges from 4 feet to 24 feet in width and is 86 feet in length. See Ex. F to the Verified Petition. Total area of the temporary easement is 0.03-acres. See id. The temporary easement is for access, work areas and construction in connection with the CHPE Transmission Line Project. 28. Petitioner has made several attempts to obtain the temporary easement via a negotiated transaction with Respondent, but those efforts have not been successful. 29. The Petitioner has requested access to the Propert, but those requests were either unanswered or denied. 30. On May 22, 2024, Petitioner sent Respondent an EDPL offer letter, providing Petitioner’s offer to purchase the necessary easement and a proposed grant of temporary easement. This correspondence has gone unanswered, and no agreement has been reached. A copy of the EDPL offer letter sent to Respondent is attached to Petitioner’s Verified Petition as Exhibit B. 6 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 6 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 31. The current status of Petitioner’s project is rapidly approaching Respondent’s Property. Respondent’s property is part of the critical path of the Project due to its proximity to U.S. Route 9W and as a result, any delay in performing the necessary work on Respondent’s property will cause significant construction delays. The New York State Department of Transportation (“NYSDOT”) limits Petitioner’s ability to impact U.S. Route 9W while constructing the Project. As Petitioner’s work requires NYSDOT to close lanes on U.S. Route 9W, the NYSDOT places limitations on the times when Petitioner may construct the line, thereby requiring CHPE to have access to all properties along the route. Similarly, Petitioner is limited to constructing the Project on the West side of U.S. Route 9W. As Petitioner is unable to cross U.S. Route 9W, Respondent’s property is part of the critical path for the Project and as a result, any delay in the work necessary to the Project on Respondent’s property will delay the construction on other properties throughout Rockland County. 32. Petitioner will utilize both open trenching as well as horizontal directional drilling to install the transmission lines. However, the horizontal directional drilling cannot begin unless Petitioner’s construction teams have constructed both the entry and receiving pits for the drilling. Petitioner is not able to perform construction tasks out of order and as a result, the delay at any property will create a domino effect of delays in the outcomes of subsequent properties, including site work and the trenching and installation of the electric cables, splice vaults and other necessary equipment. Petitioner is further restricted to following the critical path of the Project due to the density of the population of the area surrounding Respondent’s property. Accordingly, any delays to the necessary work on Respondent’s property, including site work, site clearing, grubbing and preparation for trenching and/or drilling, trenching and the installation of the electric cables, splice vaults, drill pads and other necessary equipment will create a cascading effect on Petitioner’s 7 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 7 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 construction schedule and ability to meet its May 2026 deadline to construct the Project and commence transmission of energy. 33. Accordingly, if Petitioner does not have a right of entry onto Respondent’s property to perform the necessary site work and temporary occupancy by June 28, 2024, Petitioner’s construction schedule will be severely delayed, severely impacting Petitioner’s ability to construct the Project and commence transmission of energy by the Project’s May 2026 deadline. If Petitioner is unable to construct the Project and commence the transmission of energy by the May 2026 deadline, Petitioner will be subject to hundreds of millions of dollars in penalties, interest payments and increased construction costs. Additionally, the project delays will significantly postpone the transmission of renewable energy and would require continued reliance on fossil fuels to meet the energy needs of New York City and southwestern New England. 34. Similarly, any delays in the completion of the Project and transmission of electricity will cause massive impacts on the New York City grid, resulting in decreased power reliability and increased power outages for one of the largest and most dense metropolitan areas in the world. As the NYSIO determined in its 2022 Reliability Needs Assessment, the New York City grid is dangerously close to not being able to meet the needs of the New York City population during peak power usage over the next 10 years. A copy of the NYISO’s 2022 Reliability Needs Assessment is attached as Exhibit B. As the NYISO points out, Petitioner’s Project is critical to maintaining the reliability margin for New York City. Delays in Petitioner’s construction schedule will thus delay the transmission of the critically needed electricity to New York City, increasing the likelihood that New York City will suffer from expansive blackouts. 35. Pursuant to Section 402(B)(6) of the EDPL, “[w]hen it appears to the satisfaction of the court at any stage of the proceedings, that the public interests will be prejudiced by delay, it 8 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 8 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 may direct that the condemnor be permitted to enter immediately upon the real property to be taken, and devote it temporarily to the public use specified in the petition, upon the deposit with the court of a sum to be fixed by the court upon a notice to the parties of not less than eight days.” 36. Pursuant to Section 404 of the EDPL, "the condemnor, its officers, agents or contractors when acquiring real property in accordance with this law, or when engaged in work connected with a proposed public project, as described in this law, shall have the right to enter upon any real property for the purpose of making surveys, test pits and borings, or other investigations, and also for temporary occupancy during construction." 37. Petitioner has acquired many of the easements needed for the Project and its surveyors and contractors have begun mobilization. 38. CHPE has obtained Orders to Show Cause for immediate access in the following proceedings: CHPE Properties, Inc. v. Alexander A. Conarpe, Estate of Alexander A. Conarpe, Theresa Conarpe, Caroline Garrett as Administrator of the Estate of Theresa Conarpe a/k/a Theresa Jennifer Conarpe, John Doe and Jane Doe, Index Number EF2024-111; CHPE Properties, Inc. v. James Davis, Estate of James Davis, Sarah Davis and Estate of Sarah Davis, John Doe and Jane Doe, Index Number EF2024-91; and CHPE Properties, Inc. v. William Trent Higgins, Index Number EF20241394. 39. Respondent is unwilling to consent to access or other work being done on the Property. 9 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 9 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 40. On June 14, 2024, my office called Respondent and informed them that the proposed order to show cause and supporting papers would be filed with NYSCEF on June 14, 2024. 41. Given the serious time constraints with respect to Petitioner’s construction schedule, the critical path for the Project, need to perform site clearing and grubbing, including tree trimming and removal, and the May 2026 deadline to construct the Project and commence transmission of energy, Petitioner is seeking immediate entry onto the Property as expressly permitted in EDPL 402(B)(6) and 404 to avoid significant delays and added costs. Dated: June 14, 2024 ________________________________ Kathleen M. Bennett, Esq. 10 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 10 of 11 FILED: ROCKLAND COUNTY CLERK 06/15/2024 12:46 AM INDEX NO. 033391/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/15/2024 CERTIFICATION I, Kathleen M. Bennett, Esq., certify that this affirmation contains 2,477 words, excluding the caption, signature block and this certification, and thus complies with the 7,000 word count limit set forth in 22 NYCRR 202.8-a. ________________________________ Kathleen M. Bennett, Esq. 11 17931380.v1-6/14/24 BOND\110591\435210\17972772.v1-6/14/24 11 of 11