HRES Currents

Newsletter of the Hudson River Environmental Society
Volume 30, Number 4, July 2000

Click on the title to go to the following articles:

POWER PLANT CONFERENCE PACKS THE HOUSE

HRES BIODIVERSITY CONFERENCE HUGE SUCCESS

CITY FISH

State Seeks to Expand Public Access to Hudson River For Swimming

HRES Honors Three Hudson River Environmental Leaders

The Myth of Sterile Purple Loosestrife



POWER PLANT CONFERENCE PACKS THE HOUSE

By G.S. Peter Bergen and Robert Henshaw

HRES and Albany Law School's Government Law Center jointly sponsored an all day seminar on siting new electric generating facilities in New York State. The law school's auditorium was packed with 260 persons, representing a wide spectrum of backgrounds and interests, including government, industry, environmentalists, and academia, who attended the March 15th conference.

The speakers focused on certification of major new electric generating facilities as required under Article X of the Public Service Law. Peter Berle, host of National Public Radio's Environment Show, and former Commissioner of the NYS Department of Environmental Conservation as well as former President of the Audubon Society served as keynote speaker. Mr. Berle described electricity as the biggest engineering advancement of the 20th Century and the continuing controversy over siting as part of a larger issue. He added, "Article X may have been obsolete about the time it was signed." Mr. Berle is currently a director of the Independent System Operator (ISO). The ISO, in place of the former New York Power Pool, is responsible for developing a competitive market for electricity in the State, as well as electric reliability and economic dispatch of electricity.

Panels of speakers followed, first giving an overview of Article X, then dealing with regulatory process issues, environmental issues, and legal and policy issues.

Interest in siting new power plants has been spurred by deregulation of the electric generating business in New York State. By the year 2002, the Public Service Commission plans to complete the ongoing transition from regulation to competitive pricing of all electric sales, both wholesale and retail. The switch to competition is stimulating independent power generators to seek permission to construct new competitive generating plants, including major facilities in excess of 80 megawatts capacity which are required to obtain certificates of environmental compatibility and public need@ under the Public Service Law before commencing construction. Fifteen new major facilities have been announced since 1997. Hearings on the first plant, a proposed 1050 mw natural gas-fired combustion turbine facility in the Town of Athens, Green County, were completed in the summer of 1999. A final decision by the State's Board on Electric Generating Facility Siting and the Environment is pending.

Some speakers questioned whether the Article X process remained viable in the new era of competition for electricity. Others were skeptical that new competitive plants would yield environmental improvement, as developers have promised, because they are concerned that the older, less efficient and more polluting plants will keep on running and not be displaced by new plants.

Dr. Robert Henshaw listed what he considered deficiencies in Article X: that it does not require consideration of alternative sites other than the one which the applicant has economic interest in; the Law does not require consideration of cumulative and wide regional issues; it does not encourage siting on brownfields first, or repowering of existing generating sites with new technology. Peter Bergen, Esq. suggested that replacing Article X with normal SEQR processes would rectify these deficiencies. Carl Dworkin, Esq. noted that Article X does not require that the power be sold within New York State; thus we could endure all of the environmental impacts and gain none of the economic benefits.

Success or failure of Article X very much affects the Hudson River Valley. The first case considered under Article X is for a plant proposed to be sited just west of the City of Athens. Key issues raised during the hearings included the fact that no other huge plants exist in this stretch of the River. Steam plumes from wet cooling towers would be large, pervasive, and expected to occur much of the year. The plant is proposed for a site which was considered as the alternate site for the proposed Green County nuclear power plant in 1984. This site was rejected in that case because it is situated just four miles from, and in full view of Olana. For these reasons, the Athens plant was opposed by NYS Office of Parks, Recreation & Historic Preservation, and by intervenors Scenic Hudson Inc. and Concerned Citizens for the Hudson Valley. City of Athens at first supported the application then shifted to oppose. DEC supported the application particularly because of the relatively low emissions and low water consumption of the new technology. They reasoned that its construction would hasten driving the old power plants out of business. Department of Public Service supported the application.

Patricia Salkin, Director of the Government Law Center, in summation concluded: "Let me end the program where Peter Berle started us. We have a law-Article X-and we are still uncertain of its application and impacts."

(Editor's Note: Subsequent to the conference, the Athens plant was approved and granted a Certificate of Public Needs and Environmental Compatibility.)

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HRES BIODIVERSITY CONFERENCE HUGE SUCCESS

On March 16, 2000, the Hudson River Environmental Society held the conference "Conserving Biodiversity in River Habitats: Selected Hudson River Estuary Program Studies" at Marist College, Poughkeepsie, New York. More than 150 scientists, resource managers, and interested public heard a variety of technical papers on aquatic and terrestrial habitats and its importance to the protection of biodiversity in the Hudson River Valley. Information presented reflects the ongoing efforts of the Hudson Estuary Program (HEP) to understand and protect biodiversity in these areas. Many of these papers clearly established the importance of the Valley to the overall biodiversity of New York State.

The conference began with an introduction by Fran Dunwell (NYSDEC) who discussed the HEP's role in biodiversity conservation in the Hudson. The morning session, which focused on aquatic habitats, was introduced by Betsy Blair (NYSDEC) and consisted of three technical presentations:

7 Surveys of Benthic Habitat in the Hudson River Estuary - Robin Bell (Lamont-Doherty) 7 Remote Sensing and Mapping of Submerged Aquatic Vegetation in the Hudson River - Susan Hoskins (Cornell University) and Chuck Nieder (NYSDEC) 7 Tidal Wetlands Trends Analysis of the Lower Hudson River - Fred Mushacke (NYSDEC) and Dan Savercool (Dames & Moore).

The afternoon session focused on upland areas and was introduced by Paul Jensen (Cornell University). This session consisted of seven technical presentations:

7 Biodiversity in the Hudson Valley - Paul Jensen (Cornell University) 7 Hudson Valley Gap Analysis - Charles Smith (Cornell University) 7 Ecological Communities of the Hudson River Valley - Andrew Finton (New York Natural Heritage Program) 7 Rare Animals of the Hudson River Valley - Karen Schneider (New York Natural Heritage Program) 7 Resurrection and Current Status of Bald Eagles along the Hudson River - Pete Nye (NYSDEC) 7 Local Biodiversity Conservation: Development of a Manual for Citizens - Eric Kiviat (Hudsonia, Ltd.) 7 Contribution of the Hudson River Valley to the Reptile and Amphibian Diversity in New York - Alan Breisch (NYSDEC).

Overall, I think the audience came away from this conference with a new appreciation for biodiversity in the Hudson River Valley and the need for its conservation. For those unable to attend this exciting conference, abstracts of each presentation are currently available on the HRES web site.



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CITY FISH

The River Project, founded in 1986, is a marine biology monitoring station at Pier 26, Manhattan, between Canal and Chambers Streets on the West Side Highway. This environmental science organization is dedicated to the protection and restoration of the Hudson River ecosystem through research and hands-on educational programs. The Project has also established an experimental facility at Pier 26 to restore an ecologically stressed habitat along the Manhattan shoreline.

Manhattan's west side waterfront has been designated as a State Estuarine Sanctuary, thanks to the Gottfried-Leichter Hudson River Park Act of 1998. It is the highest level of protection that can be conferred in estuarine waters in America, and this is the only Sanctuary that is not in a relatively pristine rural area. The Sanctuary designation is in recognition of the uniqueness and functionality of the inter pier-under pier habitat here, and the abundance and diversity of species associated with it.

The area contains a large but under-reported number of plant and animal species whose populations are as yet undefined, and whose cumulative function as an urban ecosystem is yet to be studied. This little-known urban ecosystem has niches well-populated with threatened species such as seahorses, and it supports life-stages and large populations of commercially important species such as black sea bass, striped bass, winter flounder, tomcod and blue crabs.

Around Manhattan and in the whole of New York Harbor steadily improving water quality over the last several decades has allowed fish populations to greatly increase. Oysters are returning to the area after an absence of at least fifty years. Now there is an opportunity to better understand and protect these irreplaceable national living treasures.

As New York's waterfront undergoes major changes, the role of natural areas in performing biological work such as maintaining or improving air and water quality needs to be more widely recognized.

The River Project offers opportunities to become involved. Programs include a marine biology internship program for high school, college and graduate students, field trips, tours of the Estuarium exhibit and volunteer opportunities.

The Marine Biology Internship Program this year has projects focused on: fish occurrence and distribution, restoring native plant communities, oyster restoration, water quality monitoring, plankton and larval fish monitoring, invasion of marine borers, blue crab life-cycle, and the uptake route of pollutants in tomcod. Each student intern designs and executes a research project with guidance from a scientist mentor who is a recognized expert in the field. This program is funded by the National Marine Fisheries Foundation, USEPA, the William Bingham Foundation, Captain Planet, Honda Marine and the New York City Environmental Fund.

Field Trips connect visitors of all ages to life on the City's waterfront. Pier 26 is a natural learning center for science exploration where one can see how our ecosystem works, and how Manhattan's unique habitats sustain the fish, birds, and other animals of the region. Visitors take part in the fishing and monitoring program and experience field science at work.

The Estuarium is a living exhibit and interpretive display of the fish and other animals of the Hudson Estuary, their habitats, and the ecosystem that supports us. A 2,000 gallon aquarium system houses animals caught from the pier. The system continuously runs ambient river water through the tanks so that the animals live in the water in which they were caught. The exhibit has been assembled with the technical assistance of the New York Aquarium for Wildlife Conservation, and is funded by the Hudson River Improvement Fund, USEPA's New York/New Jersey Harbor Estuary Program, the Joyce Mertz-Gilmore Foundation and the Office of the Manhattan Borough President. Tours of the Estuarium exhibit are free and available upon request every day except Friday, from 11-5. For more information please contact Anu Carroll at 212-431-5787 or at river_project@mindspring.com, or drop in at Pier 26 from 11am - 5pm any day except Friday.

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State Seeks to Expand Public Access to Hudson River For Swimming

The New York State Department of Environmental Conservation (DEC) and the State Office of Parks, Recreation and Historic Preservation (OPRHP) announced in April that Lawler, Matusky & Skelly Engineers has been selected to conduct a two-year study to determine the feasibility of developing public swimming facilities in the Hudson River Estuary. LMS will be assisted in the study by The Hudson Group. The study, part of Governor George E. Pataki's ongoing efforts to improve public access and environmentally rehabilitate the Hudson River, will focus on the main stem of the river from Troy to Manhattan, possibly including the Harlem River, the East River and the upper New York Harbor to the Verrazano Narrows.

The river is classified as swimmable from northern Columbia County to Manhattan Island. The study will address both specific sites as well as policy issues, like water quality improvements, that could increase the number of available sites. The study, scheduled to get underway early this Spring, will identify sites based upon existing information and public input generated at public meetings held within the study area. The feasibility study will look into factors that may limit public swimming in the estuary, such as water depth, currents, water quality and availability of beaches for access. The project is a joint effort coordinated among DEC, the OPRHP, the Department of State and the Department of Health. OPRHP will serve as lead agency and Assistant Deputy Commissioner, New York City/Taconic Region, James Moogan will serve as project manager. The study will look into factors that could impact the establishment of swimming sites, including:

In an effort to include input from a broad cross-section of the community, the Hudson River Estuary Program will conduct an outreach program that will include notification to local municipal officials, agencies and other groups active in the Hudson River Valley.

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HRES Honors Three Hudson River Environmental Leaders

Each year the Hudson River Environmental Society acknowledges some of those persons whose professional and personal activities have contributed to the environmental well being of the Hudson River Valley. This year's honorees are as diverse as the Valley. They include an ecological scientist, an environmental advocate, and a utility executive responsible for environmental affairs. They were honored at the June 1st Awards Banquet held at SUNY-New Paltz.

David L. Strayer received the HRES Outstanding Environmental Researcher Award. Dr. Strayer has been a Fisheries Ecologist at the Institute of Ecosystem Studies in Millbrook since 1991. His research concerns distribution and ecological roles of freshwater invertebrates. Thus, in a scientific match made in heaven, when the zebra mussel appeared in the Hudson in the early 1990s, Dr. Strayer was prepared. In his recent paper in the journal Bioscience describing the effects of this new organism in the river, Dr. Strayer and his coauthors concluded the arrival of the zebra mussel A was one of the major ecological events in the recent history of the river.

Cara Lee received the HRES Outstanding Environmental Communicator Award. Ms. Lee has served as Environmental Director of the public interest environmental organization Scenic Hudson Inc. since 1984. She has been responsible for initiation and management of a wide range of projects affecting environmental quality, in particular questions about dredging sediments contaminated with PCBs from General Electric, and also problems created by water demand by the City of New York.

William L. Kirk received the HRES Outstanding Environmental Practitioner Award. Dr. Kirk recently retired from Con Edison Electric Company where he was Director of Environmental Affairs since 1968. During that time he oversaw all scientific studies of fish and other aquatic life at Con Ed's many large power plants in the Hudson River and nearby waters. Dr. Kirk managed Con Ed's participation in entrainment and impingement studies, construction of a fish hatchery to raise fish to compensate for those lost at power plant intakes, as well as whole river fish population studies. He was also the front man who maintained congenial relations with regulatory agencies and public interest organizations.

The awards ceremony followed a technical conference considering renewed interest in commerce and development of new industries in the Hudson River Valley entitled "Can Environmental and Economic Goals for the Hudson River Coexist?" The conference was held in in the Terrace Room of the Student Center at the State University of New York at New Paltz.

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The Myth of Sterile Purple Loosestrife
By Cris Winters, Member, Board of Directors, Invasive Plant Council of New York State

When discussions arise about the problems of horticultural invasive plants, one of the questions asked frequently is, "But what about the sterile cultivars of purple loosestrife (Lythrum salicaria?)" The truth is that although these cultivars are self-sterile, they can exchange pollen with wild purple loosestrife or even with other sterile varieties and then produce viable seeds.

According to Dr. Bernd Blossey at Cornell University, "The suggestion in seed catalogs and horticultural magazines that there are actually sterile (and thus 'safe') purple loosestrife cultivars is a myth. Research by Ottenbreit and others in Canada and Minnesota has shown that all cultivars thought to be sterile can produce viable seed. These cultivars present as much danger for the spread of purple loosestrife as 'wild' populations. I don't know why this keeps coming up, since the research by Ottenbreit was published in the early 90s. No purple loosestrife, whatever the horticultural industry may claim, should be sold or grown anywhere."

If you like to read the original research, you can contact the IPC NYS office for copies of the articles. The references are also listed below.

Anderson, N.O. and P.D. Ascher. 1991. Reproductive fertility levels of purple loosestrife cultivars. Perennial Plant 27 (Summer 1991).

Ottenbreit, K.A. and R.J. Staniforth. 1994. Crossability of naturalized and cultivated Lythrum taxa. Canadian Journal of Botany 72(3): 337-341.

The IPC looks forward to possible future collaboration with HRES.

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