By:Scott Brinton
'I would be willing to take a look at that and consider sponsoring it if that will realize the ultimate goal, which is closing down and prohibiting the use of diesel-generating plants.'
Charles Fuschillo Jr.
State senator-Merrick
Fuschillo says he's willing to consider sponsoring them in state Senate
Two bills now making their way through the state Legislature could shut Freeport Village's Power Plant No. 2 down, if they are enacted as law.
The first is Assembly Bill A08915, which would restrict diesel-powered generators from running in Ozone Non-Attainment Areas, which are communities with high levels of ozone, a gas formed by diesel combustion. Ozone is needed in the Earth's atmosphere to moderate temperatures, but when it forms heavy, low-lying pockets in metropolitan areas, it makes breathing troublesome for people.
According to the federal Environmental Protection Agency's Green Book, Nassau County is deemed a non-attainment area for ozone. It ranks just below Los Angeles among worst municipalities for achievement of Clean Air Act standards for ozone. That means if A08915 became law, Plant No. 2 could operate here only during power emergencies.
On a local level, ozone irritates respiratory conditions, such as asthma. On a worldwide level, it causes global warming.
According to the bill report for A08915, diesel-fired generators like the two 10,000-horsepower models at Freeport's Plant No. 2, emit 300 times as much pollution as state-of-the-art, gas-fired engines.
The report also says that the sulfur dioxide and nitrogen oxide found in diesel exhaust "can cause acute respiratory problems, aggravate asthma and inflame lung tissue. Both contribute to the acidification of forests and lakes, and corrode buildings."
The second measure is Assembly Bill A08911, which would set emission standards for diesel power plants, as well as certification requirements for new diesel generators.
Both bills are long shots to pass the Legislature, according to political sources.
The trouble is that each originated in the Democrat-controlled Assembly, where members have traditionally supported environmental legislation more often than the Republican-controlled Senate. The measures stand a chance of passing the Assembly, but according to Albany insiders, passage in the Senate would be tough.
To date, the bills haven't received sponsorship from a majority member in the Senate, which is vital to bringing them to a vote before the entire membership. A08915 has Senate sponsorship, but by a Democrat -- a minority member. That makes it a low-priority bill. Without majority sponsorship, it likely will die in committee. Thus far, A08911 hasn't been sponsored in the Senate.
The chance of each bill becoming law could get considerably better if Sen. Charles Fuschillo Jr. (R-Merrick) sponsors the legislation. Last Friday, he indicated in a phone interview with the Herald that he was willing to consider sponsoring the bills as a Senate majority member.
Of the legislation, he said, "I would be willing to take a look at that and consider sponsoring it if that will realize the ultimate goal, which is closing down and prohibiting the use of diesel-generating plants." He noted, though, that he must study the bills before deciding whether to sponsor them.
The senator said he knew of neither measure until called by the Herald.
Right now, Sen. Fuschillo is locked in negotiations between the Village of Freeport and the Long Island Power Authority to provide Freeport with an additional, yet unnamed generation source, if the village closes Plant No. 2.
Interesting, A08915 seeks to shut down diesel generators because, with an apparent energy crunch looming, utilities like the Long Island Power Authority had proposed giving rate reductions to private businesses that run emergency diesel generators during the summer. Businesses that might own such generators would be hospitals and computer-server farms.
The bill states, "Diesel generators are typically used as backup systems during a power outage and occasionally to generate electricity for temporary uses such as by outdoor vendors. However, in order to mitigate electric price spikes that are anticipated this summer, the New York Independent System Operator, Long Island Power Authority and New York State Energy Research and Development Authority have instituted financial incentives for diesel generators to operate when prices spike."
Gordian Raacke is executive director of the Citizens Advisory Panel, a watchdog group for LIPA. Raacke said, "Their justification for this is that they say we need all the power we can get during peak times during the summer. They say let's get everything we can online. There is no question that we need more power during the summer, but there are much better ways to do that..."
Jason Babbie, environmental policy analyst with the New York Public Interest Research Group, said New York likely will not experience the energy shortage that the utility industry predicted this summer, provided weather conditions remain temperate. "It looks like we're going to be fine, given if we're within normal parameters, which is what they're saying," Babbie said.
LIPA Chairman Richard Kessel said the power authority recently decided to forgo its program of offering rate reductions to businesses that regularly fire diesel generators. "We initially had the program, but we're holding back on it. Because of some concerns raised by environmental groups...that program is not going forward."
As for legislation prohibiting use of diesel generators, Kessel said, "I would not support that...It would create blackouts throughout the state."
Kessel did say that Plant No. 2 should be shut down "for environmental upgrades." Hypothetically, he said, a private company like KeySpan Energy could take over the plant, rebuild it with the most up-to-date technology and run it in partnership with the Village of Freeport and LIPA. KeySpan is constructing a power plant in Melville, from which LIPA has agreed to buy half the electricity for 18 years.
During construction, a temporary generator could be installed on Sunrise Highway to meet Freeport's electric needs, Kessel said.
"We think we can provide [Freeport] with an alternative that can satisfy their needs and some of the concerns of the people in Merrick, Freeport and the surrounding communities," Kessel said.
"LIPA is willing to work with Freeport, if they want to work with us."
Joseph Kralovich, president of the Old Lindenmere Civic Association that is fighting Plant No. 2, wonders whether LIPA is negotiating honestly with Freeport Village to shut down its diesel plant, given that the power authority had offered to pay businesses throughout the Island to run diesel generators.
He noted also that, when negotiations between LIPA and Freeport broke down for the first time in the spring of 2000, he was never given a reason why. "I said I want to know what you guys talked about. They wouldn't tell me. I went over six to seven times personally" to LIPA headquarters in Uniondale, Kralovich said.
Fuschillo said, "If he [Kralovich] thinks LIPA is not acting in good faith, I don't agree with that at all."
