HomeMy WebLinkAbout2011-04-26; City Council; 20532 ATTACHMENT 1; SEWER LIFT STATION AGUA HEDIONDAVista / Carlsbad
Interceptor Sewer
Project,
Reaches VCllB - VCis
City Correspondence
with NRG Energy
July 2006 - Feb. 2011
Terry Smith - RE: Relocation of Agua He ida Sewer Lift Station - City of Carlsbad Page 1
From: "Pearson, Michael" <Michael.Pearson@nrgenergy.com>
To: "Terry Smith" <TSmit@ci.carlsbad.ca.us>
Date: 07/20/2006 6:57:28 PM
Subject: RE: Relocation of Agua Hedionda Sewer Lift Station - City of Carlsbad
Terry,
You've stepped into a land-mind field. Watch out.
There are several people trying to lay claim to the area by the existing lift station. Cabrillo has a desire to
install new generating equipment in this area (tank farm) and the County Water District has made
rumblings that they want it for a reverse osmosis plant. The city would love to have it for redevelopment.
The bike-trails folks want part of it for new bike trails. The Train folks would love to widen their foot print.
The Highway folks have mentioned a desire to widen their foot print into the tank farm area.
I'm located at the Power Plant and can probably sit down and give you a quick idea of the existing
what/where but not much more. When it comes down to selecting a location, that gets pretty tricky and
will require me to hand off to the Corporate folks but in the meantime, I can meet with you and give you an
idea of what/where of the existing equipment.
Michael J. Pearson
Enclna Power Station
4600 Carlsbad Blvd.
Carlsbad, CA 92008
(760) 268-4035
(760) 535-7045 (cell)
I'm trying to take tomorrow off and plan to be back on Monday HOWEVER, the Safety folks want me to
attend yet another meeting in the morning.
m.j.p.
—Original Message—
From: Terry Smith [mailto:TSmit@ci.carlsbad,ca.us]
Sent: Thursday, July 20, 2006 10:49 AM
To: Pearson, Michael
Subject: Relocation of Agua Hedionda Sewer Lift Station - City
ofCarlsbad
Michael,
I am the project manager for the City of Carlsbad on the Agua Hedionda Sewer Lift Station project.
Currently, the City operates a sewage lift station that is located on the south edge of the lagoon and
adjacent to the railroad tracks on the east side of the Encina Power Plant. The lift station is located
partially within the railroad right-of-way and partially within your property. The sewage lift station and the
associated pipelines are aging, undersized for future flows and need to be replaced. The City is currently
in the process of identifying and evaluating potential sites and pipeline corridors. We are looking at new
sites, approximately 7* acre in size, to build the new lift station. We would like to begin correspondence
with you so that we can get your feedback on the potential sites that are located on your property.
Please send me your contact information and let me know if you are available for meetings in the
Carlsbad area. I am not sure where you are located. If you are not the correct contact person, I would
Terry Smith - RE: Relocation of Agua He Ida Sewer Lift Station - City of Carlsbad Page 2
appreciate if you could pass this on to the appropriate person.
Thank you for your assistance,
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci. carlsbad. ca, us
MEMORANDUM
CITY OF CARLSBAD
ENGINEERING - DESIGN DIVISION
DATE: AUGUST 24, 2006
TO: DESIGN TEAM
FROM: SENIOR CIVIL ENGINEER, TERRY SMITH
RE: CIP #3949 - AGUA HEDIONDA LIFT STATON SITING ALTERNATIVES
I met with Michael Pearson of NRG on July 28, 2006 and toured the Encina Power Plant
property east of the railroad tracks. Sites 1 through 5 are on property owned by NRG/Cabrillo.
Mr. Pearson indicated that site 5 is the location of the future desalination plant and that site 2
might be in the way of future plans to relocate the power plant, although no plans have been
developed at this time. He did not have any opposition to site 1 and 4 except that the YMCA
has a lease for the use of site 4. Additionally, it was his understanding that Hubbs Aquarium
might be expanding and that would conflict with site 3.
On August 24, 2006 I talked to Mike Williams from SDG&E on the telephone about his thoughts
on the potential lift station sites that we have identified. I had previously sent Mike a copy of
Figures 2-1, 2-2 and 2-3. Alternative sites 6 and 10 are both on SDG&E property. Mike noted
that Figure 2-2 incorrectly identifies site 10 as being on a parcel owned by Carbrillo Power,
which is actually owned by SDG&E. Mike indicated that site 10 is shown within SDG&E's
existing maintenance yard and is already undersized and needs to be expanded or relocated. If
SDG&E were to relocate their maintenance yard, this parcel has very high development
potential and he would prefer that the lift station not be located here for those reasons,
The south half of the parcel where site 6 is shown is adjacent to the new Cannon Court hotel
and restaurant and also has high development potential. However, Mike indicated that the area
immediately south or north of their substation along the railroad tracks may be an option, but
that the City would likely need to acquire the property through condemnation proceedings. He
believes the City would need to justify the condemnation of their property when the City has the
option of locating the lift station nearby along Cannon Road.
c; File 3949 - Right-of-Way Acquisition
Mark Biskup - Agua Hedionda Lift Static le Study Page 1
From: Terry Smith
To: "Pearson, Michael" <Michael.Pearson@nrgenergy.com>
Date: Thu, Jan 11, 2007 3:59 PM
Subject: Agua Hedionda Lift Station Site Study
Michael,
It has been awhile since we met, July 28, 2006 to be exact, to look at possible alternatives for relocating
the the Agua Hedionda Sewer Lift Station that is currently located on your property. Since that time, we
have also looked at some other site options and we keep coming back to the proximity of the existing lift
station as being the superior location.
We certainly understand the need to minimize impact to your property so that you have the ability to
relocate the power plant in the future. With that in mind, we have developed a split pad concept that builds
the lift station into the side of the existing slope and partially buries the lift station (see the attached
exhibit). This minimizes the impact to your prime pad area and allows the City to access the lift station
from above and below. Please keep in mind that we have not done any detailed preliminary design, so we
believe this to be the largest foot print that we would need based on experience with similar facilities. It
may get some smaller as we get into the details later.
Please keep in mind that we can not disturb any of the area labeled as ESHA and we can not place
structures in the railroad right of way. The existing overflow basin will be demolished and the new facility
will have numerous redundant features added to prevent accidental spills. We don't believe the Coastal
Commission will allow us to build any closer to the lagoon because of aesthetic issues and spill concern.
I am very interested in getting your comments on this concept and whether or not NRG would be willing to
allow the City to construct in this area.
We have lost some momentum on this project due to the holidays and staffing issues, but we are anxious
to get the project moving forward again so that we can get this aging lift station replaced.
Thank you for your consideration,
Terry Smith
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 802-2765
tsmit@ci.carlsbad.ca.us
Mar,'; Biskup - RE; Agua Hedionda Lift S in Site Study Page 1
From: "Pearson, Michael" <Michael.Pearson@nrgenergy.com>
To: "Terry Smith" <TSmit@ci.carlsbad.ca.us>
Date: Sat, Jan 13, 2007 10:57 PM
Subject: RE: Agua Hedionda Lift Station Site Study
Thanks for the update Terry. As I mentioned in our meeting at Encina, I'm not the one to make any
decisions however, I can give you technical consultation relative to Encina. I'm going to forward your note
to the local Business Development folks to address.
If I can be of any further technical assistance, please feel free to contact me.
m.j.p.
Michael J. Pearson
Encina Power Station
4600 Carlsbad Blvd.
Carlsbad, CA 92008
(760) 268-4035
Original Message
From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us]
Sent: Thursday, January 11, 2007 3:59 PM
To: Pearson, Michael
Subject Agua Hedionda Lift Station Site Study
Michael,
It has been awhile since we met, July 28, 2006 to be exact, to look at
possible alternatives for relocating the the Agua Hedionda Sewer Lift
Station that is currently located on your property. Since that time, we
have also looked at some other site options and we keep coming back to
the proximity of the existing lift station as being the superior
location.
We certainly understand the need to minimize impact to your property so
that you have the ability to relocate the power plant in the future.
With that in mind, we have developed a split pad concept that builds the
lift station into the side of the existing slope and partially buries
the lift station (see the attached exhibit). This minimizes the impact
to your prime pad area and allows the City to access the lift station
from above and below. Please keep in mind that we have not done any
detailed preliminary design, so we believe this to be the largest foot
print that we would need based on experience with similar facilities. It
may get some smaller as we get into the details later.
Please keep in mind that we can not disturb any of the area labeled as
ESHA and we can not place structures in the railroad right of way. The
existing overflow basin will be demolished and the new facility will
have numerous redundant features added to prevent accidental spills. We
don't believe the Coastal Commission will allow us to build any closer
to the lagoon because of aesthetic issues and spill concern.
Mark Biskup - RE: Agua Hedionda Lift S >n Site Study Page 2
I am very interested in getting your comments on this concept and
whether or not NRG would be willing to allow the City to construct in
this area.
We have lost some momentum on this project due to the holidays and
staffing issues, but we are anxious to get the project moving forward
again so that we can get this aging lift station replaced.
Thank you for your consideration,
Terry Smith
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci,carlsbad.ca.us
Terry Smith - RE: Agua Hedionda Lift S <n Site Study Page 1
From: "Pearson, Michael" <Michael.Pearson@nrgenergy.com>
To: "Terry Smith" <TSmit@ci,carlsbad.ca.us>
Date: 01 /30/2007 6:01:49 PM
Subject: RE: Agua Hedionda Lift Station Site Study
Thanks Terry,
I handed off to another part of our company. I've been lead to believe (rumor only) that Mr. Tim Hemig
has been asked to work with you.
Mr. Tirn Hemig
(760)710-2144
If you have any further technical questions, feel free to call/write.
m.j.p.
—Original Message—
From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us]
Sent: Tuesday, January 30, 2007 5:14 PM
To: Pearson, Michael
Subject: RE: Agua Hedionda Lift Station Site Study
Michael,
Can you give me a name and number for someone else I can call or send
mail.
Thanks,
Terry
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci.carlsbad.ca.us
>» "Pearson, Michael" <Michael.Pearson@nrgenergy.com> 01/13/07 10:55
PM>»
Thanks for the update Terry. As I mentioned in our meeting at Encina,
I'm not the one to make any decisions however, I can give you technical
consultation relative to Encina. I'm going to forward your note to the
local Business Development folks to address.
If I can be of any further technical assistance, please feel free to
contact me.
m.j.p.
Terry Smith - RE: Agua Hedionda Lift S «n Site Study Page 2
Michael J. Pearson
Encina Power Station
4600 Carlsbad Blvd.
Carlsbad, CA 92008
(760) 268-4035
Original Message—
From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.usJ
Sent: Thursday, January 11, 2007 3:59 PM
To: Pearson, Michael
Subject: Agua Hedionda Lift Station Site Study
Michael,
It has been awhile since we met, July 28, 2006 to be exact, to look at
possible alternatives for relocating the the Agua Hedionda Sewer Lift
Station that is currently located on your property. Since that time,
we
have also looked at some other site options and we keep coming back to
the proximity of the existing lift station as being the superior
location.
We certainly understand the need to minimize impact to your property
so
that you have the ability to relocate the power plant in the future.
With that in mind, we have developed a split pad concept that builds
the
lift station into the side of the existing slope and partially buries
the lift station (see the attached exhibit). This minimizes the
impact
to your prime pad area and allows the City to access the lift station
from above and below. Please keep in mind that we have not done any
detailed preliminary design, so we believe this to be the largest foot
print that we would need based on experience with similar facilities.
It
may get some smaller as we get into the details later
Please keep in mind that we can not disturb any of the area labeled as
ESHA and we can not place structures in the railroad right of way. The
existing overflow basin will be demolished and the new facility will
have numerous redundant features added to prevent accidental spills.
We
don't believe the Coastal Commission will allow us to build any closer
to the lagoon because of aesthetic issues and spill concern.
I am very interested in getting your comments on this concept and
whether or not NRG would be willing to allow the City to construct in
this area.
We have lost some momentum on this project due to the holidays and
staffing issues, but we are anxious to get the project moving forward
again so that we can get this aging lift station replaced.
Thank you for your consideration,
Terry Smith - RE: Agua Hedionda Lift S >n Site Study Page 3
Terry Smith
Terry L Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci.carlsbad.ca.us
Mark Biskup - Property Acquisition at Ei a Power Plant Page 1
From: Terry Smith
To: david.lloyd@nrgenergy,com
Date: Tue, Feb 6, 2007 12:13 PM
Subject: Property Acquisition at Encina Power Plant
David,
I obtained your e-maii from Jim Elliott here at the City. He said you might be able to point me in the right
direction, I am the City's project manager for the Agua Hedionda Sewer Lift Station project. The current lift
station is old and of inadequate capacity to meet future sewage flows. We are looking to build the new lift
station in the same vicinity as the current lift station. Since we need to keep the old lift station operational
during construction of the new one, we will need to acquire some property from NRG Energy for the new
facility. We believe we have come up with a concept that will minimize the impact to your site, which is on
the east side of the railroad tracks on the south shore of the Agua Hedionda Lagoon.
Could you put me touch with the person at NRG who can make decisions regarding the sale of property? I
have discussed the project previously with Michael Pearson at the Power Plant, so I am aware of all of the
demands being placed on this property with respect to the Desal project and your desire to relocate the
power plant.
Your assistance in this issue is greatly appreciated.
Thanks,
Terry Smith
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602 2765
tsrnit@ci.carlsbad.ca. us
Terry Smith - RE: Property Acquisition at :ina Power Plant Page 1
From: "Lloyd, David" <Davtd.LLoyd@nrgenergy.com>
To: "Terry Smith" <TSmit@ci.carlsbad.ca.us>
Date: 02/15/2007 10:13:33 AM
Subject: RE: Property Acquisition at Encina Power Plant
We will review your request internally. Since the property is subject
to the Subdivision Map Act, we would not be inclined to undertake the
expensive and delayed process associated with Coastal Commission and
City review of a lot split for this project. We may be willing to
consider an easement subject to a reversion if the property is no longer
used for lift station purposes, and limited to the smallest area needed
by the lift station. We are also concerned about potential spills into
the Lagoon, and so would need to thoroughly review your sptll management
planning and redundancy for spill prevention.
David Lloyd
Secretary
Cabrillo Power I LLC
1819 Aston Avenue, Suite 105
Carlsbad, CA 92008
Cell: 760-535-2058
Office: 760-710-2147
Fax: 760-918-6950
This message is a PRIVATE communication. This message and all
attachments are a private communication sent by an attorney in the law
department of NRG Energy, Inc., and may be confidential or protected by
privilege. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution or use of the
information contained in or attached to this message is strictly
prohibited. Please notify the sender of the delivery error by replying
to this message, and then delete it from your system. Thank you.
Original Message—
From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us]
Sent: Tuesday, February 06, 2007 12:14 PM
To: Lloyd, David
Subject: Property Acquisition at Encina Power Plant
David,
I obtained your e-mail from Jim Elliott here at the City. He said you
might be able to point me in the right direction. I am the City's
project manager for the Agua Hedionda Sewer Lift Station project. The
current lift station is old and of inadequate capacity to meet future
sewage flows. We are looking to build the new lift station in the same
vicinity as the current lift station. Since we need to keep the old lift
station operational during construction of the new one, we will need to
acquire some property from NRG Energy for the new facility. We believe
we have come up with a concept that will minimize the impact to your
site, which is on the east side of the railroad tracks on the south
shore of the Agua Hedionda Lagoon.
Could you put me touch with the person at NRG who can make decisions
regarding the sale of property? i have discussed the project previously
with Michael Pearson at the Power Plant, so I am aware of all of the
demands being placed on this property with respect to the Desal project
Terry Smith - RE: Property Acquisition a cina Power Plant
and your desire to relocate the power plant.
Your assistance in this issue is greatly appreciated.
Thanks,
Terry Smith
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci.carlsbad.ca.us
CC: "Hoffmann, Steve" <Steve.Hoffmann@nrgenergy.com>, "Richards, Keith"
<Keith.Richards@nrgenergy,corn>, "Hemig, Tim" <Tim.Hemig@nrgenergy.com>
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MEMORANDUM
CITY OF CARLSBAD
ENGINEERING - DESIGN DIVISION
DATE: FEBRUARY 26, 2007
TO: SENIOR PLANNER, ELAINE BLACKBURN
FROM: SENIOR CIVIL ENGINEER, TERRY SMITH
RE: CIP #3949 - AGUA HEDIONDA LIFT STATION SITING STUDY AND ALTERNATIVE
ALIGNMENTS FOR REACHES 11B - 15 OF THE V/C SEWER
The Design Division has completed the Alignment and Site Study for replacement of Reaches
VC11B - 15 and the Agua Hedionda Lift Station of the Vista/Carlsbad Interceptor Sewer
System. The study was completed in August 2006 and considered 10 different site locations
for the new sewer lift station. The sites were evaluated against several different criteria and
also considered the review comments provided in your July 6, 2006 memo and comments from
the Encina Wastewater Authority. Because only one of the sites is owned by the City, it was
difficult to clearly identify one site as the preferred site. Instead, three potential sites were
identified in the alignment study that require further evaluation and discussions with the
property owners prior to selecting a single preferred site. The three potential sites identified
were sites 2, 9 and 6. If property ownership was not an issue, Site 2 would be the preferred
site. The executive summary of the study has been attached for your reference.
Over the past several months, engineering staff has corresponded with the property owners of
the potential sites, NRG Energy and SDG&E, to get feedback from them on using a portion of
their property for the Agua Hedionda Lift Station. Both property owners were initially reluctant
to provide much information or assistance in locating a lift station on their property. Both
property owners expressed concern about our facility impacting prime area for development or
expansion of current facilities. The City site is the third alternative and it s the most expensive
and difficult to construct. It is also adjacent to a small water body and is the closest alternative
to a residential area.
SDG&E indicated we would have to go through condemnation to locate the lift station on their
property (Site 6), although it could be friendly condemnation if we locate the lift station next to
their substation. However, this site is too small and would be difficult to construct in this area
because of the overhead power lines. NRG Energy has indicated that they are already getting
squeezed by a number of projects and don't want us impacting their site further (Site 2). NRG
is unwilling to provide any type of site layout to us with respect to the relocated power plant
option that they are considering. However, in the interest of minimizing impact to the NRG
property, we developed a site Alternative 1A that is a compromise between site 1 (current
location) and Site 2. A revised plan view and section is attached for your review. The benefits
1 of 2
of this location are that impacts to NRG property are minimized, the lift station is out of the
railroad right-of-way, there is no take of ESHA and the lift station is partially buried to minimize
visual impacts.
Last week, we met with Tim Hemig and David Lloyd of NRG Energy to discuss this concept with
them. They appear to be willing to cooperate with us on this compromise site, but asked that
we continue to develop the site alternative and do our best to reduce the impacts to their
property further. They are also trying to tie our project to theirs and they are already asking for
concessions on property setbacks, etc. We certainly don't want to get tied to their time-line, but
realize a certain amount of planning is needed with them, the desal plant, the coastal rail trail,
CALTRANS and NCTD.
The purpose of this memo is to inform you that we believe this Alternative Site 1A is the far
superior site location and that we would like to proceed to the next phase of engineering, which
would be the preliminary design phase. Further detail is needed to better identify easement and
property acquisition needs, develop system redundancy measures to prevent spills and to
prepare for the CEQA and permitting phase. We would like to meet with you at your earliest
convenience to discuss any concerns that you may have with this site location. A copy of your
previous memo is attached for your reference.
2 of 2
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Estimated Wastewater Discharge for 1X1SCCF6-5000F HTCC Z6K023 (One Siemens Unit) - PRELIMINARY
Encina Power Project
Scenario
1
2
3
4
Mobile DemiiVZero Reject; Evap
Slowdown and Plant Wastes to POTW
Mobile Demin/Zero Reject; Evap
Slowdown Recycled. Plant Wastes to
POTW
RO with Mixed Beds, Evap Slowdown
and Plant Wastes to POTW
RO with Mixed Beds, Evap Slowdown
Recycled, Plant Wastes to POTW
Total City Water
Consumption,
GPM
332
307
433
408
Demin Feed,
GPM
303
303
404
404
TDSLoadto
Demin System,
Wday
1310
1310
48 (Mixed Bed
only)
48 (Mixed Bed
only)
Demin
Reject to
POTW. GPM
Off-site
Regeneration
Off-site
Regeneration
101
101
Plant Waste
Flow Rate,
GPM
6
6
6
6
Evap Cooler
Slowdown,
GPM
25
Recydec
25
Recycled
Combined
Flow to POTW,
GPM
31
6
132
107
Cone. Of
Combined Flow
To POTW. PPM
500
500
1613
1875
Notes:
1. Evap Cooler COC=2; Evap Cooler Feed: 50% City Water + 50% Demin Water
2. RO Reject Flow: 25% of Feed, Salt Rejection: 98%
3. Evap Cooler On, PAG On
4. DBT 83F, RH 47%
5. HRSG Slowdown Cone. - 100 ppm for a 1450 PSI HRSG (based on ASME CRTD-Vol 34 limits)
6. City of Carlsbad Potable Water TDS = 500 PPM (Avg.)
7. No potable water included (assume 3 gpm avg.) in process discharge
Conclusions:
1. Estimated worst case city water consumption for two units (Scenario #3, using on-
site RO system)) = (2 X 433 gpm + 3 gpm for potable consumption) X1.15 (15%
allowance) =
2. Estimated Total Dissolved Solids in Process Discharge to POTW:
3. Estimated max wastewater discharge rate to POTW for two units (Scenario 33,
using on-site RO system) = (2 x 132 gpm + 3 gpm potable) x 1.15 allowance}:*
1000 GPM
1613 ppm
(1.44 MGD)
307 GPM (0.44 MGD)
o
NRG-Encina Repowering Project
Scenario # 1: Estimated City Water Consumption for Six GE LM6000 Sprint Simple CTs (Preliminary)
Estimated Water Quantity Requirements: GE LM6000 Sprint Turbine Simple Cycle with Evaporative Cooler
Source of consumption
Nox Injection (Mote 1)
Sprint Injectior (Note 1)
Evaoprative Coolers (Note 1 )
Turbine Wash (Note 2)
To'.al Citv Water Consumption, GPM/CT
Total Citv Water Consumption, GPM/Six CTs
Allowance for Misc. Use, 15%
City Water Consumption (Facility wide), GPM
Fire (testing, fire events)
Misc. Process Use (lube o I coolers, laboratory,
safety shower, etc.
Potable Use
Total City Water Consumption (Facility wide),
GPM
Ambient Conditions
Min. -ernp - 42 F, RH 60%
46
8
0
0
54
324
49
373
0
6
3
382
ISO Temp 59 F, RH - 60%
39
18
3
0
60
360
54
414
0
6
3
423
MaxTemp-83F.RH56%
32
19
5
0
55
331
SO
380
0
6
3
389
Note 1: NOx, Sprint and Evap Cooling Requirements Calculated by ^rank Senkel of Shaw/S&W, 4/17/0?
Note 2: Off-line washwater requirement for GE MS7001FA (171.5 IWV) CT is 1650 gal (Ref: GE Turbine Compressor Washing, Doc # GEK 107122B. April 1S99)
GE Gas Turbine Intel Evopartive Cooler Water Quality Requirement (for Reference)
Mate-Up WQ Parameters
Alkalinity, T (as CaC03)
Calcium fas CaCOS)
Chloride as C!
Iron {Total as Fe^
Lead (as Pbj
Potassium
Silica as SiO2
Sodium
Vanadium jas V)
Total Suspended Solds
Total Dissolved Solids
Oi!&.Grease
pH
Conductivity
GE Reference Document
pprn
50-150
50-150
<40
<0.2<lo
<40
<150
<40
<1.0
<5
<500
<2,0
; 7X3-&5
<5000 micoS/cm (circulating water)
Gas Turbine Evaporative Coolers, Design
Considerations for Water Supplies, GEK
1071 58, New Info, December 1999
NRG-Encina Repowering Project
Scenario #2: Estimated City Water Consumptions for Two Siemens Super Peakers (Preliminary)
ISourcet W*ter Balance Diaa, Siemens 1 X1SCC6-5000F. Dated 4/1 1/07
Source: Water Balance rra<i. Siemens 1X1SCC6-5COO
Evaporative Coaler Ewp. 0PM
Evaporative Cooler HoMlown. GPM
PAG. GPM
HRSC To Aim. GPM
aiant Use, GPM
Slowdown Tank Flash Evap., GPM
turbine Wash (Note 1)
Tola! Consumpton/Sufer Peaier unit. GPM
Total Consumpdon/Two Supe peaKer Units. GPM
Potable Use
] otal Plant ccnsunif f un. GPM
SJtowanceJgrVlsc Use (15%)
total City Wain Consumption, GPM/ Two Super
Peaker Units
Ambient Conditions
Terap- 62 F. RH 7C%. Eva3 Off. PAG Off
0
0
0
6
6
2
negj.
14
28
3
31
5
36
Temp 62 f . RH 70%. Evap On. PAD Off
10
1C
0
6
6
2
ned.
34
68
3
71
11
62
Temp - 83 F. RH 347, Evat. On. PAG On
25
25
266
6
6
2
ned.
332
664
3
667
107
774
Mole 1: Total oMine wssnwate- requirement lor GE MS7001FA (171 5 MW) Urtine is 16SO gal (Ref: GE Turtine Compressor Washing, Doe * SEK107121B. Apnl 1999)
aH. mln
oil. max
Sulfate
roc
Sismens Reference Do;uments
irVater Quality Requirement far Siemens Gas Tiirbinss, Inlol Footing, On-llna Washing etc. (For Heftranesl
tiQ Patametere ! ~ ppmw""^~~"~^
Sodium & Potassium C.02
0,4
!>ies
ran 8 Copcer
SWcarbs
Oonckicivily
(-.01
Demln. Water Quality Recu'
Applicatisns. #ZDX555-OC
nts for Gas Turbnes
C-4421-01, Issued
N/A
fy/A
6.QS mienS/cm
Opa'aU
ZSK
per Psakere
y 26, 2006
Water Quality Requirements for SJeroans Oas Turbine Inlet Evoparfive CeolBr (For Rjtwenepj
Vlake-UpWQPaiairiqte.5
Alkalinity {Tota as'CaCO31-
Calcium jas CaCO3)
OhiorideawsCI
ton IToal as F«i
SticaasSJOZ
ousperajsd SdWs
'otal Dissolved Solids
MS Grease
pH1
Conducavity
Siemens Reference Documents
Maks-Uc WQ Pararreiars, »Bm
•SO-160
<0.2
<S
30-500
<50-7SOrnlcoS/cm (mate-up at«rO
Water Quality ReoornnendaSons for Evaoprative Ceolcrs
, 200S. .
Source: Metropolitan Water District of So. California, 2006 WQ Report
Carlsbad Municipal Water District
WQ parameters
Alkalinity
Aluminum
Calcium
Chloride
Color
Corrosivity
Fecal Coliforms
Floride
Hardness
Magnesium
Odor Threshold
PH
Potassium
Silver
Sodium
Spec. Conductance
Sulfate
Total Organic Carbon
Total Dissolved Solids
TTHM
Turbidity
Zinc
Unit
ppm
DDb
ppm
ppm
Color Units
SI
%
ppm
ppm
ppm
Units
Units
ppm
ppb
DPm
microS/CM
ppm
ppm
ppm
ppb
NTU
ppm
Range
95-114
ND-151
38-62
83-92
1to3
0.04-0.6
0
0.16-0.28
169-260
18-25.5
2
8.1-8.2
3.8-4.6
ND
69-88
687-938
103-210
2.3-3.1
386-554
36-89
0.06-0.08
ND
Average
107
73
55
88
2
0.38
0
0.23
231
23
2
8.1
4.3
ND
82
854
173
2.7
501
60
0.07
ND
Ctty of Carlsbad Municipal Water District Drinking WQ (Secondary Standards and Additional Parameters) Vra. POTW
Discharge Limits.
City of Carlsbad Drinking
Parameter*
Alkalinity
Aluminum
Calcium
Chloride
Color
Corrosivlty
Fecal Conforms
Florid e
Hardness
Magnesium
Odor Threshold
oH
Potassium
Silver
Sodium
Spec. Conductance
Sulfate
Total Orq, Carbon
Total Diwol. Solids
TTHM
Turblditv
Zinc
Arsenic
Cadmium
^hmnniijm IT}
Cooper
Lead
Nickel
Cyanide (T)
Cyanide (free)
Sulfides
O&G
PCBs
Unit
ppm
POb
pom .
oom
Units
SI
%
ppm
ppm
ppm
Units
Units
ppm
oob
ppm
microS/CM
ppm
ppm
ppm
ppb
NTU
ppm
ppm
ppm
ppm
ppm
ppm
ppm
ppm
ppm
pom
ppm
ppm
WQ Parameters
Range
95-114
ND-151
38-62
83-92
1 to 3
004-0.6
0
0.16-0.28
169-260
18-255
2
8.1-82
3.8-4.6
NO
69-8B
687-938
103-210
2,3-3.1
380-50-1
36-89
0.06-0 08
ND
Average
107
73
55
88
2
0.3S
0
0.23
231
23
2
81
4.3
NO
82
854
173
27
501
60
007
NO
Into Not Available from City
of Carlsbad Municipal Water
District 2006 WQ Report but
needed to determine POTW
Discharge Quality
POTW Discharge Limits
POTW Dlsch.
Parameters
Alkalinity
Aluminum
Calcium
ChlorideColor
Corrosivity
Fecal Conforms
Florida
Hardness
Magnesium
Odor Threshold
PH _
Potassium
Silver
Sodium
Spec Conductance
Sulfate
Total Organic Carbon
Total Dissolved Solids
TTHM
Turbidity
Zinc
Arsenic
Cadmium
Chromium (T)
Copper
Lead
Nickel
Cyanide (T)
Cyanide (free)
Sulfides
O&G
PCBs
Unit
ppm
pob
Dprn
ppm
Units
SI
%
ppm
ppm
ppm
Units
Units
ppm
PDb
ppm
micro S/CM
ppm
pom
open
ppb
NTU
ppm
ppm
ppm
ppm
ppm
ppm
ppm
ppm
ppm
ppm
ppm
ppm
LA POTW Dlsch.
Limits, PPM
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
5.5-11;6-9for
NPOES permit
N/A
5
N/A
N/A
N/A
N/A
N/A
N/A
N/A
25, If or cooling lower
3
1b
10; 02 for cooling
tower
15; 1.0 for cooling
tower
5
12
10
2
0.1
600, 15 (30-day avg ).
20 (daily max )
0
Ctty of Carlsbad
POTW Dlsch.
Limits. PPM
Monkery applicable
NolllwrYilpptalble
Not likely applicable
Not ttkelv amicable
Not Ifcety applicable
Not likely applicable
Not Ihely applicable
Not likely applicable
Not MKely applicable
Not Itutfy applicable
Nd *«v anrufcahln
Dlsch Limit To be
Obtained
Not Ifcely applicable
Discn Limit TO be
Obtained
Not ifceiy applicable
Not Ifcelv applicable
Not likely applicable
Not likely applicable
NotilKMvapoKabie
Not'JKetvaoofcabie
Not ikelv a«*c*!«
Disch. Limit To be
Obtained
Oisgli Limrl To Mi
Obtained
Disch Limit To be
Obtained
Disch Limit To be
Obtained
Disch Unit To be
Obtained
Disch Limit To be
Obtained
Ouch Limit Tab*
Obtained
Disch Limit To be
Obtained
Ditch limit To be
Obtained
Disch Limit To be
Obtained
Dfech LimilTobe
Obtained
Disch Unit To M
Obtained
11.1'l
2.006
PAGE.OF
CITY OF CARLSBAD BID TABULATION SHEET
1635 FARADAY AVENUE, CARLSBAD, CA 92008-7314
760-602-4677
VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VC13-VC15, MANHOLE REPAIR
CONTRACT NO.
BID NO PWS08-35ENG
BID OPENING DATE & TIME: July 8, 2008 at 2:00 P.M.
LOCATION: Room 174
A pre-bid meeting and lour of the project site will NOT be held. However, in order for the bidding contractor to fully
understand the scope of work a site visit is highly recommended a site visit may be arranged with the City's Project
Manager, Mark Biskup (760) 602-2763, up to and no later than one week porior to the bid opening date.
ENGINEER'S ESTIMATE... $361,900
PROJECT MANAGER: MARK BISKUP-760-602-2763
The figures below were recorded as read during the public bid
opening and may not be final due to errors made by bidders.
n
1.
2.
3.
4.
5.
6.
7.
8.
CONTRACTOR NAME/CITY
WEIR CONSTRUCTION CORPORATION
SOCAL PACIFIC CONSTRUCTION CORPORATION
LUMP SUM
$375,493.00
$279,682.00
•s
SUBCONTRACTORS FOR APPARENT LOW BIDDER:
1.
2.
3.
4.
5.
7/8/08
VISTA/CARLSBAD INTERCEPTOR SEWER REACHES 13-15
MANHOLE REHABILITATION
CITY PROJECT NO. CP 3949
F0rc# Main Discharge
Grav&ty Fkw—
Legend
• V/C INTERCEPTOR SEWER MANHOLE
V* INTERCEPTOR SEWER PIPELINE
0 SEWER MANHOLE (NOT A PART)
COLLECTOR SEWER PIPELINE
NCTDHOW
f ] ASSESSOR'S PARCEL SHEET 2OF 5
APPENDIX "G"
PROJECT NOTIFICATION LIST
Location
APN
21001041
21001041
21001042
21001105
Cannon RD
210 090 24
210 090 44
21009049
21009042
21009045
21009050
21009051
21017014
Ave.
Encinas/PAR
Ave. Enclnas
Ave. Encinas
Contact Information
NRG/Cabrillo Power, LLC
4600 Carlsbad BLVD
(Sheila Henikin)760 266-401 8
Mobile 760 535-2705
(Jeff Bismen) 760 688-8451
&
Encina Wastewater Authority
NRG/Cabrillo Power. LLC
4600 Carlsbad BLVD
(Sheila Henikin)760 268-4018
Mobile 760 535-2705
(Jeff Bismen) 760 688-8451
SOG&E
Jeff Sykes Land Management Super
8335 Century Park Ct CP!!D
SDCA 92123
858654-1235
Cannon Ct
City of Carlsbad R-O-W
Bob Baker Auto Park
Contact: Dan Elliott 760 804-5012; Cell 760 415-5454
5055 Avenida Encinas Suite 100
Kotoff Family
1301 Vista Colina, San Marcos CA 92078
Property Resources Inc.
P.O. Box 51196, Salt Lake City Ut 84151
SAN-GAL The Pleta
6411 Avenda Encinas, #51
Palmu Hutia LLS
5600 Avenida Encinas
Carlsbad Point Corp
5825 Avenida Encinas #75
Cognac Pacific Corp
5499 Ave Encinas
City of Carlsbad right-of way
City or Carlsbad nght-of way
EWPCF
Manhole #s
26
22,23,24.25
20,21
18,19
17
16
15
14
13
12
10.11
9
8
7
2,3,4,5,53,6
1
Misc. Information & Requirements
Secured site requires access through
guard gate. All workers entering property
shall be authorized and trained in
compliance with the owner's requirements.
Also requires coordination to EWA to for
access through lift station site.
Secured site requires access through
guard gate. All workers entering property
shall be authorized and trained in
compliance with the owner's requirements.
Secured site. Contractor shall notify owner
before entry onto property.
Grass Easement
Traffic Control
Secured site, Contractor shall notify and
arrange entry onto jwopertt with owner.
Easement in private parking lot. Potential
for parked cars on manhole. Notify &
Coordinate entry with owner & occupants.
Easement in private parking lot. Potential
for parked cars on manhole. Notify &
Coordinate entry with owner & occupants.
Easement in private parking lot. Potential
for parked cars on manhole. Notify &
Coordinate entry with owner & occupants.
Easement in private parking lot. Potential
for parked cars on manhole. Notify &
Coordinate entry with owner & occupants.
Easement behind drainage channel near
NCTD ROW; NCTD Agreement necessary
if entering or staging on NCTD ROW
Easement in private parking lot Potential
for parked cars on manhole. Notify &
Coordinate entry with owner & occupants.
Easement in private parking lot. Potential
for parked cars on manhole. Notify &
Coordinate entry with owner & occupants.
Buried
Traffic Control
Traffic Control
This list provides the Contractor with contact information for parties that may be affected by
this project. The Contractor is responsible for providing appropriate notification, as
described within the contact documents, to each of the listed contacts as well as additional
parties of interest as directed by the Engineer.
September 5, 2008
Tim E Hemig
Director, Environmental Business
NRG WEST
1817 Aston Avenue, Suite 104
Carlsbad, CA 92008
PROJECT NO. 3949 -VISTA/CARLSBAD INTERCEPTOR SEWER REPLACEMENT
REQUEST FOR SEWER EASEMENT
Dear Mr Hemig:
As you know, the City of Carlsbad has been investigating alternatives for the replacement of the
Vista / Carlsbad Interceptor Sewer and Agua Hedionda Lift Station currently located on and
adjacent to NRG's property at the Encina Power Station. This pipeline and lift station are jointly
owned by the City of Carlsbad and the City of Vista and were constructed in the late 1960's.
These facilities have either reached their useful life or are undersized to meet the future needs
of the area
NRU and the City of Carlsbad last met on Ihis issue nn May ?, 2007 at your office to discuss
NRG concerns with the location of the new lift station and pipeline. Since that time, the City has
evaluated and selected a preferred alignment alternative for Uie replacement sewer and is
nearing the completion of the preliminary design report. As you requested in this meeting, the
City has located the replacement sewer lift station in a location that minimizes the impact to
NRG's pad area and the panoramic views. The proposed lift station location and pipe-line
alignment are shown on the attached figures.
The design concept for the new lift station is to construct the structure into Ihe existing slope so
that only the roof and one face of the building are visible. Access to the roof hatches will be from
the upper pad elevation and walk in access to the buiJding will be? from the lower pad elevation
(approximately the same elevation as the current lift station). The City plans to incorporate a
number of redundancy features into the new lift station to minimize the potential for sewage
spills. One of the features of the new design includes using the existing interceptor sewer in
addition to constructing a new parallel sewer in order to provide a secondary conveyance
system. As shown on the attached exhibit, an additional 20-foot easement is required from
NRG, which is adjacent to the City's existing 17.5-foot wide sewer easement. The City will also
need an easement for the new sewer lift station at the north end of the NRG site as shown on
the attached figure. Additionally, the City has also determined that the combined sewer
easement width will be adequate to serve the needs of the City's future Coastal Rail Trail project
so that no additional right-of-way will be necessary for that project.
1R3.S R^ractay Avenue? « Carlsbad, CA 92000-/>311 <> (/BO) GO?-?7SO •• FAX {"/CO) 6O2 8b62
September 5, 2008
PROJECT NO. 3949 - VISTA / CARLSBAD INTERCEPTOR SEWER REPLACEMENT
REQUEST FOR SEWER EASEMENT
Page 2
Ths City would like to meet with you at your earliest convenience to answer any questions you
may have of our project and to discuss the City's property needs associated with the project.
As you may recall, the previous property owner of the Encina Power Station, Cabnllo Power,
prepared a Precise Development Plan fn partnership with Poseidon Resources for the Carlsbad
Seawater Desalination Plant. The City of Carlsbad Planning Commission approved the Precise
Development Plan (POP 00-02) for ihe desalination plant on May 3, 2006 with certain conditions
imposed on the facility. Conditions 16d & 16e of POP 00-02 stipulates that Cabrillo Power or its
successor in interest will dedicate easements to the City for the Coastal Rail Trail project and
the Vista / Carlsbad Interceptor Sewer & Agua Hsdionda Lift Station project.
We look forward to discussing this issue with you. Please contact me at (760) 602-2765 to
schedule a date and time to meet.
TERRY L SMITH
Senior Civil Engineer
Attachments
c: Bill Plummftr
Sherri Howard
Scott Donnell
Joe Garuba
i EXISTING UTILITY EASEMENT
| NEW UTILITY EASEMHNT
I TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
NRG ENERGY PROPOSED EASEMENTS
AOUA HSXMDA LIFT STATION
PRELIMINARY K90N REPORT
CARLSBAD, CALIFORNIA
0 SO 100 FIGURE
1
LEGEND
[ EXISTING UTILITY EASEMENT
, NEW UTILITY EASEMENT
I TEMPORARY CONSTRUCTION EASEMENT
SEPltMBEK 200B I -34M7 EXHIBIT B
NRG ENERGY PROPOSED EASEMENTS
MXIA HBXONOA UFT STATIONPREUMIHARY DESIGN REPORT
CARLSBAD. CALIFORNIA SCAIE « FIET
FIGURE
2
City of Carlsbad
Planning Department
September 10,2008
-Mike Monasmith
Energy Facility Siting Project Mumper
California Energy Commission
1516 Ninth Street.. MS-15
Sac ran leu So, CA 95S14
CARLSBAD ENERGY CENTER PROJECT (07-AFC-6) - SEWER REPLACF.MENT PROJECT
Dear Mr. Monasrnilh:
I-or the Hrtcnn Commission's consideration, attached is a September x "'OOS. ieut-c and cnlor plans From
the City's Public Works Department, lingineering Division, lo NRG, proponent of Ihe Carlsbad l.nergy
Center Project (CFCP). The letter regards the City's replacement plans for and piogress on the
Vista/Carlsbad Interceptor Sewer and Agua Hedionda l.il'l station projects. Both projects \>ould replace
outdated facilities constructed in the late i%0s.
As the attachments provide, the sewer and lilt station projects planned a Ions; and within the we-,1
boundan ol'the C'l'CP, are \t;r\ relevant to its planning. B<>11> projects would rcijiiire wtsciiieiiis iliat will
impact area axailablt- for the CKCP. The sewer casement proposed \\ould a No likeK be adeijiiate in \\idtli
to accommodate the Coti^tal Rail Trail (CRT).
The C'ity's planning efforts for the CR'I and sewei and lilt stulion pnyeets date hack approxiniatcl} ten
years. More recently. the City conditioned Cabrillo Power I I.I.C or its suecessk>rs in interesi to dedionte
to Carlsbad easements tor all three projects. These conditions were imposed as pan o! the City's 2006
approval nf the desalination plant and related pennili.
The dedication of easements lor these necessary projects and ihc- widening of Intestate b \\i\\ nnpaet the
site (ilanninu for and design of the CKCI'. Aeeordiitiily. NKd's pl,m-> For the < T.CP need lo take ihesc
projeets into consideration.
Carlsbad staff intends to. follow up this letter with jn exhibit to demonstrate ihe relationship ot'(he
fretnvji) uiJening and sewer and lift Million casviMvnts lo iht < I;CP.
Should \ou have any questions, plcn.se contact me at 1760) 602--4618 or stJonn >/ ei.earl>l>ail t a.us,
Yours \er\ truly,
")
SCO I I DONNI-LL
Senior Planner
l-jiclosure
1635 Faraday Avenue « Cailsbad. CA 92008-73 M • f760j & 3-4600_» FAX (7SO> 602 S'jij-^ * www.ci.carisbad.ca.us
COPY
City of Carlsbad
Office of the City Manager
September 11, 2008
Mike Monasmfth
Energy Facility Siting Project Manager
California Energy Commission
1516 Ninth Street, MS-15
Sacramento, CA 95814
CARLSBAD ENERGY CENTER PROJECT (07-AFC-6) - CITY OF CARLSBAD
THIRD SUBMITTAL OF DATA REQUESTS (#62 - #141)
Dear Mr. Monasmith:
The City of Carlsbad has received NRG's recent project changes (August 2008), known as
the Carlsbad Energy Center Project Enhancements and Refinements (PEAR). The City has
reviewed NRG's alterations and submits the following data requests for your consideration.
Clearly, the complexity of this project has increased due to NRG's recent changes. The City
of Carlsbad appreciates the opportunity to raise questions and issues that will help reveal
the true impact that this new power plant will have on our community's quality of life.
General
Background
There have been a number of changes to the project area, including approval of the
Carlsbad Seawater Desalination Plant (CSDP), the Vista/Carlsbad Interceptor Sewer
Improvement project (sewer interceptor), the anticipated widening of 1-5, and the
Applicant's proposal to construct a new power plant (Carlsbad Energy Center Project),
including the relocation of a regional switchyard and the construction of a project specific
desalination plant.
62. Provide a comprehensive site plan which includes CSDP, the sewer interceptor, the
1-5 widening, and the CECP.
Construction
Background
The Applicant states that laydown areas described in the AFC are applicable to project
enhancements and refinements.
1200 Carlsbad Village Drive « Carlsbad. CA 92008-1989 • (760) 434-2821 « FAX (760) 720-9461
y ,of the City Manager
October 7,2008
Mike Monasmith
Energy Facility Siting Project Manager
California Energy Commission
1516 Ninth Street, MS-15
Sacramento, CA 95S14
CARLSBAD ENERGY CENTER PROJECT (07-AFC-6) - VISUAL IMPACTS AND
SITE CONSTRAINTS
Dear Mr. Monasmith:
As you are aware, for nearly a year the City of Carlsbad (City) has raised concerns about visual
impacts and site constraints related to the proposed Carlsbad Energy Center Project (CECP, 07-
AFC-6). The City has requested on numerous occasions that the project applicant, NRG, submit
site layouts and visual simulations which incorporate the upcoming widening of the 1-5 Freeway.
To date, NRG has failed to adequately respond to the City's requests.
In order to ensure that both the California Energy Commission (CEC) and the community-at-
largc have an accurate understanding of what the probable visual impacts of the CECP will be,
the City would like to submit Visual Exhibits #1-4:
• Exhibit #1 - Overhead shot of the proposed CECP and its proximity to a widened 1-5
• Exhibit #2 - Cross section of the proposed plant in relation to traffic along a widened 1-5
• Exhibit #3 - Southwest view of how the site currently looks today
• Exhibit #4 - Same view as Exhibit 3, but a simulation of how the site will look once the
freeway is widened and the CECP is constructed
As you may recall, both the CEC and City staff have been previously briefed by Caltrans with
regards to the proposed 1-5 expansion. During the course of that briefing, Caltrans highlighted
that they have been working on that project since 2001 (public scoping meetings) and that the
EIR contains several different widening scenarios. In preparing the above visual simulations, the
City used schematics provided by both Caltrans the applicant.
More recently, City staff has. raised questions and concerns regarding the CECP's site layout and
construction laydown areas in regards to the upcoming Vista/Carlsbad Sewer Interceptor Project
(sewer project). This sewer project has been in development for the past five (5) years and
represents a vital upgrade to the regional sewer infrastructure, which services a population of
more than 150,000, In order to complete this upgrade^ it is necessary for the City to acquire
FAX
October 7, 2008
Mike Monasitvitt)
Page Two
additional right-of-way (Visual Exhibit #5) on the CECP site. The City has submitted a number
of data requests to the CEC regarding this issue in its September 1 1, 2008 filing.
*
The City has and continues to express its deep concerns regarding the CECP and the
appropriateness of the project at that location. As the proposed site becomes more constrained
on its east and western boundaries, the City's objections to the CECP's visual impacts persist.
Please feel free to contact me if you have any questions at (760) 434-2893.
Sincerely,
-
! / ' )\v3oeGaruba
Municipal Projects Manager
JG:ad
Enclosures: 5
cc: Proof of Service (Rev. 9/ 1 0/2008 ; electronic service only)
City Manager
Housing and Redevelopment Director
Senior Planner
o
Visual Exhibit 1'
Visual txMbit 2
!tsawfflfe.
o»
III III}
Freeway elevation t
21 It.
Power Plant «levat!on
Visual x-^nibit 3
o
Visual Exhibit 4
Visual Exiuoit 5
a 100 20»C*ri*b«dM*tt Interceptor Sewer. _ _ pjppu^j |^ Right-of-way
\_J Eliding Utility Ejtsmont (17.51 __ ExWIns M Alght^f-wey |! Pnpoeed Power Went Building Footprint
IB Pwpo»ed LlrtStaton " ) jtmfan^ H Coiwtmelion E»«em«rt ^3 Pro|»Md Pow.rPI.nt Site
I . Propo«cf Utility E*Mmeiit (»T [_^ Propowel M Wldmlng Am
' Temporary Comtmctton Eitement
BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT
COMMISSION OF THE STATE OF CALIFORNIA• 1516 NINTH STREET, SACRAMENTO. CA 95814
1-800-822-6228 - WWW.ENEROY.CA.QOV
APPLICATION FOR CERTIFICATION
FOR THE CARLSBAD ENERGY CENTER
PROJECT
Docket No. 07-AFC-6
PROOF OF SERVICE
(Revised 8/10/2008)
INSTRUCTION^: All parties shall 1) send an original signed document phis 12 copies OJR 2) mail one original
signed copy AND e-mail (he document to the web address below, AND 3) all parties shall also send a printed
QR electronic copy of the documents that shall include a proof of service declaration to each of the
individuals on the proof of service:
CALIFORNIA ENERGY COMMISSION
Attn: Docket No. 07-AFC-6
1516 Nlnlh Street, MS-15
Sacramento, CA 95814-5512
docKet@enefQV.state.ca.us
APPLICANT
David Lloyd
Carlsbad Energy Center, LLC
1817 Aston Avenue, Suite 104
Carlsbad, CA 92008
Davld.Ltoyd@.nraen efQv.com
Tim Hemlg, Vice President
Carlsbad Energy Center, LLC
1817 Aston Avenue, Suite 104
Carlsbad, CA 92008
Tlm.Hemiqginrqenergv.com
APPLICANT'S CONSULTANTS
Robert Mason, Project Manager
CH2M Hill, Inc.
3 Mutton Centre Drive, Ste. 200
Santa Ana, CA 92707
robert. Mason@ch2tn.com
Megan Sebra
CH2M Hill, Inc.
2485 Natomas Park Drive, Ste. 600
Sacramento, CA 95833
lv1eqan.Sebra@cri2fn.com
COUNSEL FOR APPLICANT
John A. McKlnsey
Stoel Rives LLP
980 Ninth Street, Ste. 1900
Sacramento, CA 95814
iamcklnsev@stQel.com
INTERESTED AGENCIES
California ISO
P.O. Box 639014
Folsom,CA 95763-9014
e-redDient@cai80.com
City of Carlsbad
Joseph Garuba,
Municipals Project Manager Manager
Ron Ball, Esq., City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
jqaru@ci.caftebad.ca.us
rball@ci.carlsbad.ca.us
Allan J Thompson
Attorney for the City
2rC"OrindaWay#314
Orinda.CA 94563
INTERVENORS Paul Kramer
Hearing Officer
California U nions for Reliable'Energy ("CURE') pkram9r@anefQV.state.ca.us
Suma Peesapati
Marc D. Joseph
Adams Broadwell Joseph & Cardozo Mike Monasmith
601 Gateway Boulevard, Suite 1000 Siting Project Manager
South San Francisco, CA 94080 mnwnasmi@enemv.state.ca.us
SDeesapatifliadamsbrQadwell.com
DtekRatHff
•Center for Biological Diversity Staff Counsel
cto Wilfiam B. Rostove dratliff@erterav.state.ca. us
EARTHJUSTICE
42617* St. 5* Floor Public Advisor's Office
Oakland, CA 94612 pao@efierav.state.ca.us
wrostov<a>eartri|ustice.org
ENERGY COMMISSION
JAMESD.BOYD
Commissioner and Presiding Member
ibovd@enerav.state.ca.us
KAREN DOUGLAS
Commissioner and Associate Member
kldouaia@energv.8tate.ca.us
DECLARATION OF SERVICE
I, <WfttLt>yVMfe . declare that on W/o8 | deposited copies of the attached
vfa»A aanpc** ttofc. . in the United States mail at CorAsboJ^CA with first-class postage
thereon fully prepaid and addressed to those identified on the Proof of Service list above.
Transmission via electronic mail was consistent with the requirements of California Code of Regulations, title 20.
sections 1209,1209.5, and 1210. All electronic copies were sent to all those identified on the Proof of Service list
above.
I declare under penalty of perjury that the foregoing Is true and correct.
NRG)Cabrillo Power 1 LLC
1817 Aston Avenue, Suite 104
Carlsbad, CA 92008
Direct Phone: 760.710.2144
October 29,2008
Mr. Terry I..Smith
Senior Civil Engineer
City of Carlsbad
Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Ref: Vista/Carlsbad Interceptor Sewer Replacement - Request for Easements
Dear Mr. Smith:
NRG West has reviewed your letter dated September 5,2008 and a separate letter from Scott Donncll of the
City's Planning Department dated September 10, 2008 to Mike Monasmith of the California Energy
Commission regarding the City's request for easements for the Vista/Carlsbad Interceptor Sewer Replacement
project.
As you are aware, representatives of Cabrillo Power I I.I.C (Cabrillo Power), a subsidiary of NRG West, have
met with the City on several occasions to discuss the City's request for new sewer lift station and sewer
pipeline easements (collectively "Easements") to replace the existing sewer lift station and sewer pipeline on
the Rncina Power Station properly owned by Cabrillo Power and the needs of Cabrillo Power to ensure that
the location of the replacement lift station and replacement sewer pipeline arc compatible with the existing
and future use of the Encina Power Station for the continued generation of electricity critical to the City and
the region. Cabrillo Power believes that a mutually agreeable location for the replacement lift station and
replacement sewer line can be achieved in accordance with the conditions of the Precise Development Plan
(POP 00-02) prior to occupancy of the Poseidon Desalination Plant. We look forward to continuing to work
with the City to reach a mutually agreeable location for the lift station and the new sewer line. We also,
however, are compelled to clarify and correct several aspects of your letter.
First, we wish to clear up one statement. In your letter you stale:
"As you may recall, the previous owner of (he Kncina Power Station, Cabrillo Power, prepared a Precise
Development Plan in partnership with Poseidon Resourcesfor the Carlxbad Seawater Desalination Plant. "
Please be advised that Cabrillo Power, as a subsidiary of NRG, was and is stil 1 the owner of the entire Encina
Power Station.
Most importantly, however, NRG is compelled to correct the inference that somehow the agreement to agi cc
upon suitable Easements in the future in any way conflicts with or is even relevant to the Carlsbad Energy
Center Project (CliCP). The PDF 00-02 provisions for the liasemcnls are unrelated to the CHCP application
pending before the California Energy Commission. PDF 00-02 conditions expressly state the Easements are to
Mr, Terry Smith
Cabrillo Power Response to City of Carlsbad's Request for Basements
October, 29,2008
Page 2 of4
be dedicated in mutually agreed upon locations prior to occupancy of the Poseidon Desalination Plant. The
CKCP Project docs not interfere with appropriately sized Easements and the Easements have no effect on the
CECP operations.
It is important that the complete context of the PDP 00-02, as approved by the City (Resolution No. 6088), be
acknowledged by the City. Specially, Section 7.d. of th« Findings of the PDP 00-02 states:
"The Precise Development Plan PDP 00-02 is consistent with the goals of the South Carlsbad Coastal
Redevelopment Plan in that:
d. Locating the Carlsbad Seawater Desalination Plant in a locution that creates the least amount of
constraints on any future conversi on of the Encina power station facilitates the redevelopment of the
Encina power generating facility to a smaller, more efficient power generating plant. "
Likewise, the applicable Specific Plan and the City's Rcdevclopmeni Plan also contain similar statements
regarding the common goal of ultimately replacing the existing (older) Eneina Power Station steam
generating units with new generating facilities to be located on-sitebetween the railroad tracks and Interstate
5. the exact location of CECP.
Cabrillo Power notes that various City staff statements, documents and status briefings to the City Council,
and statements by various City Council members over the last year seem to ignore the specific goals of the
Specific Plan, the South Carlsbad Coastal Redevelopment Plan and Finding 7.d. of PDP 00-02 regarding the
future conversion of the Encina Power Station to facilitate redevelopment of the Encina Power Station to a
smaller, more efficient power generation facility. The findings and conditions of PDP 00-02 were determined
to be of mutual benefit to the City and Cabrillo Power, and were the result of a productive relationship
between the City and Cabrillo Power as evident by Cabrillo Power's willingness to cooperatively work with
the City during the creation of PDP 00-02 as the City's primary action approving the Poseidon Desalination
Plant. Cabrillo Power is willing to meet its obligations under PDP 00-02; we trust and expect that the City
wil 1 likewise meet its obligations under PDP 00-02.
Regarding the specific lift station/sewer line Easements (as well as possible future the Coastal Rail Trail
easement), Conditions 16.d. and I6.e. of PDP 00-02 state as follows:
"I6.d. Coastal Kail Trail Prior to occupancy [i.e., of the Poseidon desalination plant), dedicate an
easement for the Coastal Rail Trail in a location within the boundaries of the Precise Development Plan that
is mutually acceptable to the City and Owner (i.e., Cabrillo Power) or its successor in interest. " | Emphasis
added]
"I6.e. Agtia/Iedianda Lift Station Site and Yista-Carlsbad Interceptor Server Pipeline Prior to occupancy
[i.e., of the Poseidon desalination plant], dedicate an easement for the Agua Hedionda Lift Station Site and
Vista-Carlsbad Interceptor Sewer Pipeline in a location within the boundaries of the Precise Development
Plan that is mutually acceptable to the City and the Owner |i.c, Cabrillo Power) or its successors in
interest. " (Emphasis added]
First and foremost, the phrase "...that is mutually acceptable to the City and the Owner... " in both
Conditions 16.d. and 16.c., is key to the discussion between the City and Cabrillo Power regarding the
ultimate location and si/c/width of the Easements to be dedicated by Cabrillo Power at a later date. Both
parties must mutually agree to the location and size of the easements which should not interfere with the
Mr. Terry Smith
Cabrillo Power Response 10 City of Carlsbad's Request for Easements
October, 29, 2008
Page 3 of4
"., .the redevelopment of the Enclna power generating facility to a smaller, more efficient power generating
plant' pursuant to Finding 7.d. of PDF 00-02.
Second, the timing of such dedication of mutually acceptable Easements is tied to "occupancy" of ihc
Poseidon Desalination Plant, which Cabrillo Power understands to be at best 2 3 years away.
PDP 00-02, Conditions 16.d. and 16.e. must also be read to bo consistent with Finding 7.d. of PDP 00-02, as
noted above that:
"The Precise Development Plan PDP 00-02 is consistent with the goals of the South Carlsbad Coastal
Redevelopment Plan in that
d. Locating the Carlsbad Seawater Desalination Plant in a location that creates the least amount of
constraints on any future conversion of the Encina power station facilitates the redevelopment of the
Encina power generating facility to a smaller, more efficient power generating plant. "
Therefore, the location and size/width of the mutually agreeable replacement Easements to be dedicated by
Cabrillo Power to the City for the Coastal Rail Trail and the sewer lift station/sewer easement must minimi/e
constraints on any future conversion of the Encina Power Station to a smaller more efficient power generating
plant, i.e., the Carlsbad Hncrgy Center Project, in order to be consistent with Finding 7.d. of PDP 00-02.
As to the issue of the timing of the dedication of the Lascments prior to occupancy of the Poseidon
Desalination Plant, the term "occupancy" has a specific meaning in the City's codes and typically is related to
when the City building inspector grants the owner of a facility, in this case the Poseidon Desalination Plant,
the right to occupy and use the facility for its permitted use following completion of construction.
Third, there is no specific or implied interrelationship in PDP 00-02 and Conditions 16.d. and 16.c. regarding
the joint location of the interceptor/sewer line Easements to be dedicated and the possible future Coastal Hail
Trail casement dedication. The Coastal Kail Trail ultimate route is entirely separate from the Easements and
should not be co-located with the Lascmcnts, nor is it acceptable to Cabrillo Power to 1 ink the discussion of a
mutually acceptable easement location for the Coastal Rail Trail to the discussion of the mutually acceptable
location for the Liascmcnts. Cabrillo Power has suggested alternative locations for the Coastal Rail Trail to
avoid the outer/middle lagoon rail bridge and rail right-of-way; instead bringing the trail along the northern
edge of the outer lagoon to Carlsbad Boulevard, then connecting back at Cannon Road.
Regarding the si/c of the ICasements proposed by the City for the sewer interceptor pipeline, in the City's
letter dated Septembers, 2008, it is noted by that an additional 20-foot casement is required adjacent to the
City's existing 17.5-foot wide sewer easement. This would result in a combined easement of 37.5 feel. In
accordance with the City Standards Chapter 1 General Design Criteria No. 10, while a public easement for
two facilities is 30-feet "unless a lesser width is specifically authorized by the City Engineer ", not the 37.5
feet noted in the September 5,2008 letter. Further, Cabrillo has always understood that the Easements were
to provide replacement facilities, whereas the City's letters seem to suggest the new facilities would be in
addition to the existing lift station and sewer pipeline. Unnecessary applicative facilities and multiple
casements arc not acceptable to Cabri llo and are not provided for in the PDP 00-02 Conditions. At this time,
Cabrillo Power does not find the City's proposed additional 20-foot easement, combined with the existing
17.5-foot easement to be acceptable.
Regarding the size and configuration for the sewer replacement lift station permanent easement and the
construction laydown area temporary easement shown on Exhibit A of the September 5,2008 letter, both of
Mr. Terry Smith
Cabrillo Power Response to City of Carlsbad's Request for Easements
October, 29, 2008
Page 4 of 4
these casements must be mutually agreeable in accordance with Condition 16.e. Neither the September 5,
2008 letter nor its Exhibit A, provide sufficient information regarding the rationale or requirements for the
size of the permanent easement or the temporary easement for Cabrillo Power to determine if these lift station
easements are acceptable,
As PDP 00-02 Condition 16.e. must be read to compliment Finding 7.d. (sec above), the location and size of
the permanent and temporary casements for the sewer lift station must minimize conflicts to any future
conversion of the lincina Power Station to a smaller more efficient power generating plant, which includes the
Carlsbad Energy Center Project in order to be consistent with Finding 7.d. of PDP 00-02,
Cabrillo Power and tho City have mutually benefited by a productive relationship as evident by Cabrillo
Power's willingness to cooperatively work with the City during the PDP 00-02 proceedings which was a
prerequisite of the City's desire to approve the Poseidon Desalination Plant. As the primary purpose of
PDP 00-02 was to approve the desalination plant, the various conditions of FDD 00-02 are tied to
"occupancy" of the Desalination Plant, not as independent obligations in connection with any subsequent
repowering projects, such as the Carlsbad Knergy Center Project, We trust that the City is also willing to
continue to work in a productive and cooperative way to resolve mutually acceptable liasements locations and
configuration so that important projects such as the replacement lift station, replacement sewer interceptor
pipeline line and the Carlsbad Knergy Center Project at the Encina Power Station can timely move forward to
the mutual benefit of the City, Cabrillo Power and the community.
Sincerely,
Cabrillo Power 1 LLC
Tim Hemig
Director, Environmental Business
Attachment: Planning Commission Resolution No. 6088 - Precise Development Plan (PDP) 00-02
cc: Mike Monasmith, California Energy Commission
Lisa Hildabrand, City Manager, City of Carlsbad
Scott Donnell. Ci?y of Carlsbad Planning Department
Joe Garuba, Municipal Projects Manager, City of Carlsbad
STOEL
RIVES
ALLISON D. COOK
Direct (916) 319-1'5'J
adcook ir.slod.com
October 30. 2008
VIA HAND DELIVERY AND PER PROOF OF SERVICE
J. Mike Monasmith
Siting Project Manager
California Energy Commission
1516 Ninth Street
Sacramento. CA 95814
Re; Carlsbad Energy Center Project (07-AFC-6)
City of Carlsbad Request for Easements for Vista/Carlsbad Interceptor Sewer
Replacement Project
Dear Mr. Monasmith:
On behalf of Carlsbad Energy Center LLC, please find enclosed for docketing correspondence to
Terry Smith, Senior Civil Engineer for the City of Carlsbad, regarding the City's requests for
easements for the Vista/Carlsbad Interceptor Sewer Replacement project over Cabrillo Power I
LLC's real property, including the proposed site for the Carlsbad Energy Center Project. This
letter will be provided to all parties identified on the attached proof of service.
Respectfully submitted,
Allison I). Cook
Enclosure
ec; See attached Proof of Service
Portlmfj-I 647593 1 f)(O5-B-4-0()()0<>
BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT
COMMISSION OF THE STATE OF CALIFORNIA
APPLICATION FOR CERTIFICATION
FOR THE CARLSBAD ENERGY CENTER
PROJECT Docket No. 07-AFC-6 PROOF OF
SERVICE
(Revised 10/30/2008)
Carlsbad Energy Center Project (07-AFC-6)
City of Carlsbad Request for Easements for Vista/Carlsbad Interceptor Sewer
Replacement Project
CALIFORNIA EMERGY COMMISSION
Attn: Docket No, 07-AFC-6
1516 Ninth Street, MS-15
Sacramento, CA 95814-5512
docket@energy.state.ca.us
APPLICANT
David Lloyd
Carlsbad Energy Center, LLC
1817 Aston Avenue, Suite 104
Carlsbad, CA 92008
David. Lloyd(5jnrqenerqy.com
Tim Hemig, Vice President
Carlsbad Energy Center, LLC
1817 Aston Avenue, Suite 104
Carlsbad, CA 92008
TimJHemig@nrgenerqv.corn
APPLICANT'S CONSULTANTS
Robert Mason, Project Manager
CH2M Hill, Inc.
3 Hutton Centre Drive, Ste. 200
Santa Ana, CA 92707
robert.gMason@ch2m.com
Megan Sebra
CH2M Hill, Inc.
2485 Natomas Park Drive, Ste. 600
Sacramento, CA 95833
Megan.Sebra@ch2rn.com
COUNSEL FOR APPLICANT
John A. McKinsey
Stoel Rives LLP
980 Ninth Street, Ste. 1900
Sacramento, CA 95814
iamckinsey@stoel.com
INTERESTED AGENCIES
California ISO
P.O. Box639014
Folsom,CA 95763-9014
e-recipient@caiso.com
City of Carlsbad Joseph
Garuba,
Municipals Project Manager
Ron Ball, Esq., City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
jqaru@ci.carlsbad.ca.us
rball(5)ci.carlsbad .ca. us
Allan J Thompson Attorney
for the City
21 "C"OrindaWay#314
Orinda, CA 94563
INTERVENORS ENERGY COMMISSION
California Unions for Reliable Energy ("CURE"
Suma Peesapati
Marc D. Joseph
Adams Broadwell Joseph & Cardozo
601 Gateway Boulevard, Suite 1000
South San Francisco, CA 94080
speesapali@adarTisbroadwell.com
Center for Biological Diversity
c/o William B, Rostove
EARTHJUSTICE
425 17th Street, 5th Floor
Oakland, CA 94612
wrQStov@earthiustice.org
Rob Simpson
Environmental Consultant
27126 Grandview Avenue
Hayward, CA 94542
510-909-1800
rob(o)redwQQd rob.com
Dick Ratliff
Staff Counsel
drafliff@e.nergy,state.ca.us
Public Advisors Office
pao@energy .state.ca. us
JAMES D. BOYD
Commissioner and Presiding Member
iboyd@energv.state.ca. us
KAREN DOUGLAS
Commissioner and Associate Member
kldougla@energy.state.ca.us
Paul Kramer
Hearing Officer
pkramer@energy,state.ca.us
Mike Monasmitb
Siting Project Manager
DECLARATION OF SERVICE
I, Maria R, Davis, declare that on October 30, 2008,1 deposited copies of the attached document in the
United States mail at Sacramento, California, with first-class postage thereon fully prepaid and addressed
to those identified on the Proof of Service list above.
OR
Transmission via electronic mail was consistent with the requirements of California Code of Regulations,
title 20, sections 1209, 1209.5, and 1210. All electronic copies were sent to all those identified on the
Proof of Service list above,
I declare under penalty of perjury that the foregoing is true and correct.
Maria R. Davis
i'orllndli-164606? 1 0()35-).V1-W.'009
Jay me Foster
From: Ross, Ronald [rross@BrwnCald.com] on behalf of Ross, Ronald
Sent; Tuesday, December 02, 2008 2:00 PM
To: david.lloyd@nrgenergy.com
Subject: Geotechnical Borings (Cabrillo Power Tank Farm)
Attachments: Property Owner Consent Form.pdf; NRG Boring Figure.pdf
David,
Please find attached is the property owner consent form for DEH and the locations of the proposed borings within the tank
farm. Thank you for time and assistance.
Respectfully,
72o*e "RtrAJi
9665 Chesapeake Drive, Suite 201
San Diego, California, 92123
(858) 51 4-8822 (office)
(858) 571-6719 (direct)
(858) 51 4-8833 (fax)
GARYW.ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH JACK MILLER
DIRECTOR LAND AND WATER QUAL|TY D|V1SJON ASSISTANT DtRECTOR
P.O. BOX 129261, SAN DIEGO, CA 92112-9281
61 9-3 3 8-2 2 2 2/F AX 619-338-231S/1-800-2S3-9933
www.sdcounty.ca.gov/deh/lwq
PROPERTY OWNER CONSENT
Proposed locations for subsurface work:
Property Address: ( ^ \ Assessor's Parcel Number (ARM):
•V-
r\AGQIQ43QO
^I, , owner of the property/properties listed above, give my permission to
JAlCNXJQ "t VA0"" ^> (consulting company, contractor) to conduct the following work at the locations
stated above.
7CJ Install monitoring wells Q Destroy monitoring wells F] Drill __1_ soil borings
l understand that MgH^MnP (registered professional) of \H\V\\K? ^ y^Aoor^, (consulting company) and an
authorized signer for >jKo05" Qn wM (drilling company) have submitted a signed application to the Department
ot fcnvironmental He"a1th in whlchthey have agreed to complete the above-stated work according the requirements of the
current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to well/boring
construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring
wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring wells/borings,
V fProperty Owner Signature' ^_ Date:
Print Name: ^_ Title:
, XCompany:
Mailing Address:
DEH-.SAM-9503 (Rev. 5-07)
o
LEGEND
r
BAO: I mojon NJWW
i $E?7£«BER 2008 1349^7
APPROXIMATE LOCATION OFPROPOSEDBGRING
INT ERST ATE 5
•
NRG ENERGY BORING LOCATIONS
AGUA MCOtOHOA tIFT STATION
PREU«NARY CtSCN BEPQRr
CARLS8AD. CAUFOBNIA
0 50 ISO
COPY
Status Update
Vista / Carlsbad Interceptor Sewer, Reaches VC11B - VC15
January 5, 2009
Status:
o Project design is being advanced from preliminary design to 50% design.
o Comments from Vista, EWA and Carlsbad O&M are being incorporated.
o Surveying, utility research, aerial topo and base mapping are complete.
o Soil borings have been completed except for NRG & SDGE property.
o B&C to provide draft plan & profile drawings for review on 1-9-09.
o Manholes are currently being rehab'd.
Major Project Elements;
o Project will be divided into 3 construction contracts.
• Bridge Replacement
• Lift Station and Force Main Replacement
• Construction of Relief Sewer in Avenida Encinas
o A single CEQA document will be prepared for the combined project. CEQA
will begin once 50% design is complete
o Permits will be obtained on an individual project basis. The Planning
Department will ask the Council to waive the requirement to Update SP144.
o Bridge design will accommodate future use as Coastal Rail Trail
Project issues and Constraints:
o NRG has been slow to respond. We are trying to get permission to do soils
investigation on NRG property.
o Correspondence with NRG and SDGE is on-going to acquire easements.
i *-1 ! .
January 7. 2009
Mr. Peter MacLaggan
Poseidon Resources
501 W. Broadway, Suite 1250
Gan Diego. CA 92101
POP 00-02/CARLSBAD DESALINATION PLANT - CONDITIONS 16D AND 16E OF
PLANNING COMMISSION RESOLUTION 6088
Dear Mr. MacLaggan.
The City is preparing improvement plans for three important projects affecting the Encina
Power Station and requiring action by Poseidon Resources, I hese projects - the Coastal Rail
Trail, Aqua Hedsonda Lift Station, and Vista-Carlsbad Interceptor Sewer Pipeline - require
easements across power plant properly, As explained below, conditions placed on the
desalination plant approval cat! for Poseidon Resources to cause Cabrrllo Power to make
offers of dedications for the easements. More information about the projects and easements
are contained in the attached September 2008 correspondence from the City to NRG West,
Conditions 13d Hud 16e of Planning Commission Resolution 6088, the resolution approving
Precise Development Plan PDP 00-02. state !he following-
16. Prior to issuance of grading or building permits for the desalination plant.
Dcvelopci shall cause Owner or its sLTCRS.snr i:n interest to make an irrevocable offer of
dedication to the City and/or other appropriate entities for all public streets, lands, and
easements shown on the Precise Development Plan listed below, except as otherwise
provided in the Procise Dovelopmnnt Plan The offer shall be made by a separate
document, All land so offered shall be offered free and clear of a!! liens and
encumbrances and without cost. Streets that are already puDlic are not required to be
rodecicated.
d Coastal Rail Trail - PIIOI to occupancy, dedicate an easement ror tr.e Uoastal Kail
Trail in a location wthm the boundaries of the Procise Development Plan 'hat is
mutually acceptable to the City and Owner or its successor in interest.
e, Agiia Hfirlionda Li'"t Station Site and Vista-Carlsbad Interceptor Sewer Pipeline -
Prior so occupancy dedicate an easement for the Agua Hedionda Lift Station Site
and V-sta-Carlsbad Interceptor Sewer Pipe-lino in a location within the boundaries of
the Precise Development Plan that is mutually acceptable to the City and Owner ot
its s;;ccesso;s in interest.
January 7, 2008
POP 00-C2/CARLSBAD DESALINATION PLANT - CONDITIONS 16D AND 16E OF PLANNING COMMISSION
RESOLUTION 6088
Page 2
In the above, "Developer" is Poseidon Resources Channelside LLC and "Owner" is Cabrillo
Power. Resolution 6088 is attached.
While the above conditions note they are tn he fulfilled before desalination plant occupancy,
the three projects have advanced to the point that easement dedication is appropriate now.
ITierefoie, cily staff respectfully requests Poseidon Resources, if it has yet to do so, begin
discussion on fulfilling these conditions with Cabrillo Power.
We appreciate your assistance. Please contact me if you have any questions or would like to
meet. I can be contacted at (760) 602-2765 or tsmjt@.ci,carlsbad. ca i is
Sincerely
THRRYL SMITH
Senior Civil Engineer
c: Scott Donnell. Senior Planner
Joe Garuba, Municipal Projects Manager
JaymeFoster
From: Terry Smith [TSmit@ci.carlsbad.ca.us]
Sent: Thursday, January 15, 2009 5:36 PM
To: david.lloyd@nrgenergy.com
Cc: Ross, Ronald
Subject: Vista Carlsbad Interceptor Sewer Meeting
Follow Up Flag: Follow up
Flag Status: Flagged
David,
I will be out of the office on Friday and Monday, but I would like to set up a meeting with you for next week. I am
available anytime Tuesday through Friday, except tor ^30 to 9:30 on Tuesday. Ron Ross from Brown and Caldwell will
be attending also. Please copy Ron on your response to this e-mail so that he can plan to attend.
Thanks,
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci. carlsbad. cays
Jayme Foster
From: Ross, Ronald [rross@BrwnCaldcom] on behalf of Ross, Ronald
Sent: Friday, January 23, 2009 3:04 PM
To: david.lloyd@nrgenergy.com
Subject: Geotechnical Borings (Cabrillo Power Tank Farm)
Attachments: Property Owner Consent Form pdf
David,
Please find attached is the property owner consent form for DEH for the proposed borings within the tank farm. Thank you
for time and assistance.
Respectfully,
TZcrdJl
9665 Chesapeake Drive, Suite 201
San Diego, California, 92123
(858) 514-8822 (office)
(858) 571-6719 (direct)
(858) 51 4-8833 (fax)
fflonnt of»
GARYW.ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH ,„,.,„,„„„„
UIKtCTOR LAND AND WATER QUALITY DIVISION ASSISTANT °IRECTOR
P.O. BOX 129261, SAN DI68O, CA 92113.9!>61
S19-338-Z222/FAX619-338-2316/1-8 00-2 63-9933
www.sdcounty.ca.goWdeh/lwq
PROPERTY OWNER CONSENT
Proposed locations for subsurface work:
Property Address: \ Assessor's Parcel Number (APN):
CA
_, owner of the property/properties listed above, give my permission to
v^ (consulting company, contractor) to conduct the following work at the locations
stated above.
Lj I n stail monitoring weds CU Destroy monitoring wells SH Drill ~\ soil borings^. t-,1^ » /*r^ints . . i. * i
I understand that VlgV^X^J^r (registered professional) of NVgyUff ^ V-^QO<>H, (consulting company) and an
authorized signerfoflsJ^3]5>' pfa..^^4 , (drilling company) hafe submitted a signed application to the Department
of Environmental Health in which they have agreed to complete (he above-stated work according the requirements of the
current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to well/boring
construction and destruction, I have arranged with the Responsible Party, the person who causes to have monitoring
wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring wells/borings.
V XProperty Owner Signature: *_ Date:
Print Name: £_ Title:,
Company: ^
Mailing Address:
DEH SAM-9503 (Rev, 5-07)
Jayme Foster
From: Terry Smith [TSmit@ci.carlsbad.ca.us]
Sent: Friday, January 23, 2009 2:35 PM
To: David.LLoyd@nrgenergy.com
Cc: Ross, Ronald
Subject: Approval for Soils Investigation
Follow Up Flag: Follow up
Flag Status: Flagged
David,
Thanks for taking the time to meet with us yesterday, I appreciate your cooperation during this somewhat difficult period
between NRG and the City. I am hopeful that we can get your approval (signed forms for Ihe County) sometime next
week so that the soil borings can be performed in early February. If you have any questions or further concerns, please
contact Ron Ross in my absence.
I will be out of the office on Monday and Tuesday next week.
Thanks,
Terry Smith
Terry L Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci. carlsbad.ca. us
City of Carlsbad
O.f f J,e;e;-;ojf. t h o-;."G,;i ty •. Jyi, a n a g i
January 30, 2009
Mr. Mike Monasmith
Siting Project Manager
California Energy Commission
1516 Ninth Street, MS-15
Sacramento, CA 95814
RE: City of Carlsbad Comments on Preliminary Staff Assessment of Carlsbad
Energy Center Project (07-AFC-6)
Dear Mr. Monasmith:
The City of Carlsbad submits the following comments on the California Energy
Commission's Preliminary Staff Assessment (PSA) of the Carlsbad Energy Center
Project (CECP). For ease of use, issues raised in this letter are presented in the same
order as the PSA. Page numbers (example 1-1) are referenced where appropriate.
If you have any questions regarding the issues the City raises please do not hesitate to
contact me at (760) 434-2820 or at jgaru@ci.carisbad.ca.us.
Respectfully,
^fx--?-^—-
•Ooe Garuba
Municipal Projects Manager
City of Carlsbad
Enclosure
JG/ad
c: Proof of Service List (Rev. 1 /12/2009)
1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2821 • FAX (760) 720-9461
January 30, 2009
City of Carlsbad Comments on CECP PSA (07-AFC-6)
CECP inconsistent with all applicable land use laws, ordinances,
regulations, and standards.
2-3: Agency Coordination
The list of agencies with applicable LORS needs to include the City of
Carlsbad.
Since the release of the PSA, the CECP has been directed by CEC staff to submit
project information incorporating Caltrans widening of Interstate 5. This information wilt
undoubtedly affect areas such as Visual Impacts, Worker Safety, Noise, and Air Quality
(depending on mitigation). The City looks forward to the Applicant's response to this
request and will provide additional comments/questions once the CEC staff has an
opportunity to review and analyze Applicant's response.
Project Description - Section 3
3-1: Parcel size is not 23 acres but 32 acres.
3-1: Please include a comprehensive site plan which contains the boundaries of the
widened I-5 Freeway, the proposed CECP, and the expanded Carls bad-Vista Sewer
interceptor facility.
3-2: Please reflect that the Applicant is a merchant power provider and as such has
the ability to sell power to anyone, not just SDG&E. Also, please reflect that at the time
of the PSA comment deadline, NRG still has not secured a power purchase agreement
with SDG&E.
3-2: Schedule seems overly optimistic. Please reflect a more realistic schedule, such
as:
2nd Quarter 2010 - CECP construction begins (30-36 months, including
demolition)
2nd Quarter 2013 - CECP Startup and Testing
3-3: Capital cost of $440 million appears to be low. Please verify capital cost of
project.
3-3: Water discussion is not accurate. As has been stated on numerous occasions,
the City of Carlsbad does not currently have the reclaimed water capacity available to
supply the proposed CECP (see Clarification of Carlsbad Municipal Water District
Reclaimed Water Supply, dated February 20, 2008). Please reflect that the Applicant's
proposed desalination water is the ONLY supply of industrial water for the CECP.
3-3: Use of the City's sewer system for industrial wastewater discharge is not
considered an option. Please reflect that the Applicant's only source for industrial
wastewater discharge is use of the existing EPS ocean outfall.
Page 3 of 45
January 30, 2009
City of Carlsbad Comments on CECP PSA (07-AFC-6)
3-4: The summary discussion on Zoning/General Plan ignores the requirements of
the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan which applies from a
land use regulatory standpoint. The Redevelopment Plan indicates that electrical power-
generating facilities are only permitted if the findings of extraordinary public purpose are
made by the legislative body. Please explain why the requirements of the SCCRA Plan
were not considered in the analysis.
3-4: In the list of other project-related features and facilities, include the planned 138
kV switchyard relocation shown on Figure 3 and the transmission lines considering their
prominence (nine poles with heights between 74 and 100 feet).
3-5: Noteworthy Public Benefits
The summary discussion on public benefits indicates that the project will accomplish a
brownfield redevelopment of an existing power plant for a net increase in electrical
capacity. Please explain and/or clarify the meaning of this public benefit from the CEC's
perspective. City staff does not believe that the proposed project accomplishes
brownfield redevelopment because the industrial use is being continued and there is no
guarantee that the existing power plant will ever be demolished and the site
redeveloped. From the City's perspective, the proposed project only intensifies an
industrial use on the site and accomplishes no redevelopment. While increased or
reuse development on an inland brownfield site may be in the best interests of the state,
increased industrial intensification in a prime coastal location is not in the public's
interests.
3-8; Project Description - Figure 3
This figure is difficult to read because of its small size and amount of detail. It would be
a more helpful exhibit with these changes:
* Please enlarge the exhibit size (e.g., to a fold-out 11"x17" exhibit)
* Label and, as necessary, identify relevant adjacent features, such as the
lagoon, the widened I-5, the expanded Carlsbad-Vista Interceptor Sewer
and lift station, the Coastal Rail Trail, Carlsbad Seawater Desalination
Plant, homes in the adjacent Terramar development, and the West Resort
» Use uniform, larger, and bold street name fonts
Environmental Assessment
Air Quality - Section 4.1
The City provided extensive comments to the San Diego Air Pollution Control District
(SDAPCD) on its Preliminary Determination of Compliance (PDOC) and has docketed
those comments with the CEC.
Since the release of the PSA, the CECP has been directed by CEC Staff to submit
project information incorporating Caltrans widening of Interstate 5. This information will
Page 4 of 45
January 30, 2009
City of Carlsbad Comments on CECP PSA (07-AFC-6)
Sewer, Agua Hedionda Lift Station and 1-5 widening projects as "foreseeable,"
meaning they are due a comprehensive analysis.
While the PSA analyzes the compatibility of these projects with the proposed
CECP from a land use perspective, it fails to provide a comprehensive
analysis of compatibility. This is important as components of a project of note
may render as infeasible a feature or mitigation measure of the proposed
CECP. It Is not also possible to determine compliance with dimensional
requirements, such as setbacks, of the Precise Development Plan. As the
PSA does not provide any analysis from a spatial perspective, it is not
possible to know how the proposed CECP would "fit" with the projects of note
and with land use regulations.
Additionally, the PSA fails to consider the impacts the projects of note may
have on critical aspects of the proposed CECP and vice versa, including in
the areas of Visual Resources, Traffic and Transportation, Noise and
Vibration, and Hazardous Materials. The PSA also needs to fully report on
cumulative impacts that may result from construction of the projects of note
simultaneously with the proposed CECP.
To help demonstrate compatibility, the PSA must include at a minimum a fully
dimensioned and scalable site plan(s) to legibly show how the proposed
CECP would "fit" with the projects of note. In addition to the CECP, the plan
needs to include the proposed new and relocated switchyards and CECP
improvements proposed west of the railroad tracks. The plan needs to show
dimensions between critical features, such as the distances from the
proposed CECP improvements to the proposed Interstate 5 right of way
(widened condition), the proposed Vista Carlsbad Interceptor Sewer
easement, the proposed Agua Hedionda Lift Station, and the existing West
Resort.
b. The approved Carlsbad Seawater Desalination Plant (CSDP) has intake and
discharge pipelines to the EPS ocean outfall. Similar outfall pipelines of the
proposed CECP may conflict with those of the approved project.
Be advised as well that the CSDP proponent has submitted a Consistency
Determination application to the City to make changes to the CSDP. The
changes including a realignment of the plant in a north-south dfrection, so it
extends parallel with the railroad tracks and in the location where proposed
CECP outfall intake and discharge pipelines are planned to cross.
c. City staff does not agree with the following sentence from 4.5-37
Page 25 of 45
Page 1 of 2
Terry Smith - RE: Approval to Perform Soil Borings
*'rom: Terry Smith
To: Lloyd, David
Date: 02/19/2009 12:46 PM
Subject: RE: Approval to Perform Soil Borings
CC: Hemig, Tim
David,
A response letter has been bouncing around here for a number of weeks as everyone puts in their comments, 1 am told
the letter should go out next week. The letter is primarily coming from the Planning Department since most of the
issues raised were issues related to PDF 00-02. These issues need to be addressed and resolved before we can expect
to acquire easements from you; however, I was hoping that we would be able to at least proceed with our
geotechnical investigation. We are probably not going to resolve the larger issues in a few weeks time because of the
other issues between the City and NRG. If we only had engineering issues to resolve, 1 am sure we could resolve
those in short meeting.
As I told you in our last meeting, when the City's consultant has laid out a plan & profile that is constructable and
acceptable to our O&M staff, we will know if we can back-off on the amount of easement we need. I know we need a
minimum of 10-fcct, but at this point 1 can't back-off from the 20' we requested. I expect to have a plan & profile
some time next month that we can all review. The 9' utility tunnel has caused us a number of problems that we are
working through.
I would be glad to come over tomorrow and answer any questions you may have about our easement needs and
:ility layout. At this point in time, I only need your approval as owner to sign the County's form so that we can
perform the soil borings on your property. Most of the borings are located in our current easement.
As we discussed in our last meeting, we will certainly comply with any safety meetings that need to occur before our
driller accesses your site. 1 hope you will reconsider your position on the issue of granting access for our soils
investigation prior to resolving the larger issues. If you have any further questions, please call me.
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760)602-2765
tsmit@ci.carlsbad.ca.us
»> On 02/19/2009 at 11:41 AM, in message
<AA9F67950F82AC488BD618AlA548888A0452BDlC@HQ2K3MAIL02.nrgenergy.com>, "Lloyd, David"
<David.LLoyd@nrgenergy.com> wrote:
I am reminded that we have not had a response to the letter sent several months ago - a copy is attached. Drilling in the
additional sewer line easement area is a problem until we solve the larger issues.
David Lloyd
NRG West
1817 Aston Avenue. Suite 104
Carlsbad, CA 92008 „_ y „ r -
Cell: 760-535-2058 /*-, X-C «? ( "* 7
Office: 760-710-2147 _ -~-~ ,, ^ ^
£ *J> s> s* *Jif>, '*' •' / -
file://C:\DocumentsandSettings\Tsmit\LocalS€ttings\Temp\XPGrpWise\499D54AFGW-DomainPO-F... 02/20/2009
Page 2 of 2
Fax: 760-918-0310
From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us]
Sent: Thursday, February 19, 2009 11:09 AM
To: Lloyd, David
Subject: Approval to Perform Soil Borings
David,
Please keep me posted on your progress with this issue. I am hoping that we can resolve this issue by the end of next week
so that I can get the driller out there by the 2nd week of March at the latest.
Let me know if there is anything I can do to help expedite the process.
Thanks,
Terry L. Smith
Senior Engineer
City of Carlsbad - Public Works Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2765
tsmit@ci.carlsbad.ca.us
file://C:\Doeuments and Settings\Tsmit\Local Settings\Temp\XPGrpWise\499D54AFGW-DomainPO-F... 02/20/2009
City of Carlsbada# —- — m"«<i1i!*iL'»mi'wtmML*i''f'mmrmmmn
February 19, 2009
Tim Hemig
Director, Environmental Business
Cabrillo Power I LLC
Suite 104
1817 Aston Avenue
Carlsbad, CA 92008
SUBJECT: EASEMENTS FOR VISTA/CARLSBAD INTERCEPTOR SEWER
PIPELINE, AGUA HEDIONDA LIFT STATION, AND COASTAL RAIL
TRAIL
Dear Mr. Hemig:
Thank you for your letter of October 29, 2008, regarding the Vista/Carlsbad Interceptor Sewer
Replacement project as it relates to the proposed Carlsbad Energy Center Project (CECP). The
letter responds to a September 5,2008, letter to you from Terry Smith, Senior Civil Engineer, on
the same subject.
We appreciate the clarification that Cabrillo Power I LLC (Cabrillo Power) remains the owner of
the entire Encina Power Station. The City also acknowledges, as your letter notes, the several
cooperative meetings over the past years in which we have discussed the replacement of the
Vista/Carlsbad Interceptor Sewer Pipeline and the Agua Hedionda Lift Station, the development
of the Coastal Rail Trail (CRT), and the need for easements (collectively "Easements") for these
three projects. City staff appreciates this cooperation and looks forward to a continued
productive relationship.
It is necessary to respond to and clarify several points raised in your October 29 correspondence,
and that is this letter's purpose. Specifically, our response will address:
1. The primary purpose of Precise Development Plan PDP 00-02;
2. The relevance of PDP 00-02 conditions of approval to the proposed CECP, particularly
with regard to the needed Easements;
3. The relevance of the Easements to the CECP;
1635 Faraday Avenue • Carlsbad. CA 92OQ8-7314 * (76O) 602-273O • FAX (760) 6O2-8562
Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal
Rail Trail
February 19,2009
Page 2
4. The Redevelopment Plan goal to facilitate the redevelopment of the existing power plant
and the relationship of the Easements and the proposed CECP to this goal; and
5. Siting possibilities and constraints for the CRT.
Each of these five items is addressed below,
1. The primary purpose of Precise Development Plan POP 00-02, Your letter states the
primary purpose of POP 00-02 was to approve the desalination plant proposed by
Poseidon Resources Channelside LLC and approved by the City in 2006. POP 00-02
actually had two primary purposes: First, as stated in the introduction to the approved
POP document, "the [PDP] is intended to serve as an information and regulatory
document to meet the City's zoning requirements for the Public Utility Zone as the zone
applies to the Kncina Power Station (EPS)." Second, as the introduction ako notes, "the
PDP is also the primary approval process for the Carlsbad Seawater Desalination
Project..."
Zoning Ordinance Section 21.36.030 states in part that "no building permit or other
entitlement for any use in the P-U zone shall be issued until a precise development plan
has been approved for the property." Approval of PDP 00-02, therefore, was necessary to
enable Cabrillo Power to obtain permits for any improvements at the EPS, regardless of
the desalination plant.
Finally, Cabrillo Power's original submittaJ of PUP 00-02 in September 2000 did not
include the desalination plant or any other development plan. The document was first
submitted to provide baseline information on existing EPS structures and meet the above
stated Zoning Ordinance requirements, among other things. Not until May 2002 was the
PDP 00-02 application amended to include the desalination plant.
2. The relevance of PDP 00-02 conditions of approval to the proposed CECP, At the
bottom of the first page, your letter states "the PDP 00-02 provisions for the Easements
are unrelated to the proposed CECP application pending before the California Energy
Commission," Further, a sentence in the letter's final paragraph concludes, "...the
various conditions of PDP 00-02 are tied to "occupancy" of the Desalination Plant, not as
independent obligations in connection with any subsequent repowering projects, such as
the Carlsbad Energy Center Project."
City staff disagrees with your interpretation. Requirements for the Easements, as well as
other requirements outlined in the PDP 00-02 conditions, are indeed related to the
proposed CECP and any other potential development at the EPS besides the desalination
plant. Although some PDP 00-02 conditions are tied to the permitting or occupancy of
the desalination plant and/or involve the plant's applicant, Poseidon Resources, those
conditions also obligate Cabrillo Power, the EPS owner and PDP joint applicant with
Poseidon Resources.
Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal
Rail Trail
February 19, 2009
Page 3
Additionally, several other PDF 00-02 conditions do not involve the desalination plant or
Poseidon Resources and are solely obligations of Cabrillo Power. Conditions 17i) and
17ii), for example, requiring Cabrillo Power (or its successor in interest) to pay a
drainage fee and construct a drainage facility "prior to the issuance of any grading or
building permits for construction within the Precise Development Plan area, other than
the desalination plant..." All conditions discussed are contained in the City of Carlsbad's
Planning Commission Resolution 6088.
Conditions 16d., and 16e. of Resolution 6088 are listed below and require Poseidon
Resources to cause Cabrillo Power to make irrevocable offers of dedication for the
Easements:
16. Prior to issuance of grading or building permits for the desalination plant,
Developer shall cause Owner or its successor in interest to make an
irrevocable offer of dedication to the City and/or other appropriate entities for
all public streets, lands, and easements shown on the Precise Development
Plan listed below, except as otherwise provided in the Precise Development
Plan. The offer shall be made by a separate document. All land so offered
shall be offered free and clear of all liens and encumbrances and without cost.
Streets that are already public are not required to be rededicated.
d. Coastal Rail Trail - Prior to occupancy, dedicate an easement for
the Coastal Rail Trail in a location within the boundaries of the
Precise Development Plan that is mutually acceptable to the City
and Owner or its successor in interest.
e. Agua Hedionda Lift Station Site and Vista-Carlsbad Interceptor
Sewer Pipeline - Prior to occupancy, dedicate an easement for the
Agua Hedionda Lift Station Site and Vista-Carlsbad Interceptor
Sewer Pipeline in a location within the boundaries of the Precise
Development Plan that is mutually»acceptable to the City and
Owner or its successors in interest.
In the above, "Developer" is Poseidon Resources Channelside LLC, the desalination
project applicant, and "Owner" is Cabrillo Power.
Upon conditioning of PDP 00-02 in 2006, the City chose this "prior to occupancy"
deadline merely to ensure the timely fulfillment of these important conditions as they
provide dedication of easements for critical sewer infrastructure and a partially completed
regional trail. Therefore, and contrary to what your letter appears to suggest, this deadline
does not change the fact that dedication is an obligation of Cabrillo Power to fulfill and is
certainly applicable to the proposed CECP. Furthermore, when the conditions were
approved in June 2006, neither the proposed CECP nor any other project by Cabrillo
Power or another entity had been proposed at the EPS to which the conditions could be
Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal
Rail Trail
February 19,2009
Page 4 ;
attached. Finally, recognizing Poseidon Resources' obligation per the conditions to cause
Cabrillo Power to make the dedication offers, city staff has sent a letter to the company
requesting its cooperation in securing the Easements per the conditions.
3, The relevance of the Easements to the proposed CECP, The above discussion clarifies the
timing of, and responsibility to fulfill, the conditions requiring the Easements. In no way,
however, do the conditions suggest the proposed CECP and Easements are unrelated.
For context, condition 16d. requires an easement dedication of the Coastal Rail Trail, a
bike/pedestrian path planned between Oceanside and San Diego. Condition 16e. requires
dedication of easements for the sewer pipeline and lift station, which were constructed in
the late 1960's and have either reached their useftil life or are undersized to meet the
future needs of the area. They are part of the critical sewer infrastructure serving tens of
thousands of residents in Carlsbad and Vista and are jointly-owned by both agencies.
For at least 5 years, Carlsbad has consulted with Cabrillo Power to plan the alignment of
the CRT and to replace the sewer interceptor and lift station. As you are aware, this
alignment is fairly constrained through the EPS property. These constraints are caused by
Ihc existing sewer and trail alignments to the north and south, existing power plant
improvements, the approved desalination plant, Interstate 5, the railroad, and the lagoon.
Of course, the existing sewer alignment is located within the proposed CECP site, just
inside its west boundary, and the existing lift station is just north of the proposed CECP.
In an effort to minimize impacts to the EPS, the City has identified the ability to co-locate
the space needed for both the sewer pipeline and the CRT. More information on locating
the CRT on top of the sewer pipeline is provided in item five below.
Despite statements in your letter to the contrary, consideration of the Easements must
occur with the planning of the proposed CECP because of the constraints and location of
the existing sewer improvements noted above. Furthermore, in reviewing documents that
your company has submitted to the California Energy Commission (CEC), NRG reflects
CECP components that are located on top of the Easements. Clearly this is not accurate
and needs to be clarified for the CEC's deliberations so that improvements to the sewer
system and CRT arc not jeopardized.
Additionally, it is imperative that the existing sewer facilities be replaced as soon as
possible due to the age and poor condition of the system. This important sewer
replacement project must remain on schedule and cannot be delayed by the process of
acquiring easements without exposing the lagoon area to an increased risk of a sewage
spill.
City staff looks forward to continued discussions with Cabrillo Power to finalize the
dedication of the Easements. However, if these discussions do not occur in a timely
manner, staff will recommend the City Council explore alternative ways of obtaining the
required easements.
Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal
Rail Trail
February 19, 2009
Page 5 .
4. The Redevelopment Plan goal to facilitate (he redevelopment of the existing power plant
and the relationship of the Easements and the proposed CECP to this goal A goal of the
South Carlsbad Coastal Redevelopment Plan is "facilitating the redevelopment of the
Encina power generating facility to a smaller, more efficient power generating plant."
Your letter notes that to be consistent with this goal, the location and size/width of the
Easements for the CRT and sewer pipeline and lift station must minimize constraints on
the proposed CECP.
To clarify, this Redevelopment Plan goal contemplated redevelopment, or replacement,
of the existing power plant. It did not contemplate Carlsbad Energy Center LLC's
proposal to develop an additional power plant (the proposed CECP) with no guarantee of
existing power plant removal. Additionally, the goal is not site specific; while the
currently proposed CECP location has been discussed as a likely place for a new power
plant, no particular site was targeted by the Redevelopment Plan.
Third, this particular goal must be balanced with other Redevelopment Plan goals. For
example, "eliminating blight and environmental deficiencies in the Project Area"
supports the need for replacement of sewer facilities that are outdated and inadequate to
accommodate future growth. Finally, and as your letter concludes, the City and Cabrillo
Power should continue cooperative discussions to determine mutually acceptable
locations for the Easements.
5, Siting possibilities and constraints for the CRT. Your letter sets forth Cabrillo Power's
position that it is not acceptable to co-locate the CRT with the easements for the sewer
pipeline and lift station and that the ultimate route of the trail is entirely separate from the
easements for those facilities. Moreover, the letter suggests an alternative CRT routing
that would avoid traversing the EPS.
As its name implies, the Coastal Rail Trail was originally approved in conceptual form to
parallel closely the railroad tracks between Oceanside and San Diego. However, as
discussed in Planning Commission Resolution 6088, Finding 13, the CRT "...cannot be
accommodated in its originally intended location within the North County Transit District
Railroad right of way due to various reasons including space limitations, security, and
safety concerns." Despite these limitations, it remains the intent of agencies planning and
funding the CRT to locate the trail along and near the rail corridor as much as possible. In
Carlsbad, parts of the CRT have been constructed north and south of the EPS.
Since a railroad right of location is no longer feasible, the PDF identifies the CRT as
"...an allowed and supported land use with the Precise Development Plan." It further
goes on to describe an alignment that would cross the Agua Hedionda Lagoon on the
existing bridge supporting the Vista Carlsbad Interceptor Sewer and then enter on and
continue through the EPS property north to south along Interstate 5. Because this
suggested alignment appears difficult to achieve due to contemplated freeway widening,
the City's Engineering Department has identified that the Easements necessary for the
Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal
Rail Trail
February 19,2009
Page 6
Vista Carlsbad Interceptor Sewer replacement would be adequate to accommodate the
CRT.
Your letter suggests an alternate routing of the CRT that would avoid the EPS and thus an
alignment within the PDF. This alternate would extend along the north shore of the
lagoon, then south along Carlsbad Boulevard, and then east along Cannon Road to
connect with the original, contemplated alignment of the CRT.
This alternate route is unacceptable because it deviates from the desired alignment and
would not be practicable to build. It would require crossing under the existing railroad
and interceptor sewer bridges that traverse Agua Hedionda Lagoon. Further, locating the
trail along Carlsbad Boulevard would require widening of two street bridges. Instead,
development proposed at the EPS must accommodate the CRT in an alignment closely
paralleling the tracks as intended.
As stated in both our letters, the City looks forward to continue to work with Cabrillo Power in
an effort to mutually achieve our goals. Along those lines, we will contact you within the next
two weeks to schedule a meeting.
In the meantime, if you have any questions of desire further clarification, please contact Terry
Smith, Senior Civil Engineer at (760) 602-2765 or Scott Donnell, Senior Planner, at (760) 602-
4618,
Sincerely,
GLENN PRUIM DON NEU
Public Works Director Planning Director
c: Lisa Hildabrand, City Manager
Ron Ball, City Attorney
Debbie Fountain, Housing and Redevelopment Director
Joe Ganiba, Municipal Projects Manager
Terry Smith, Senior Civil Engineer
Scott Donnell, Senior Planner
Jayme Foster
From: Ross, Ronald [rross@BrwnCald.com] on behalf of Ross, Ronald
Sent: Wednesday, March 1 1 , 2009 3:22 PM
To: david.lloyd@nrgenergy.com
Cc: Terry Smith
Subject: Geotechnical Borings (Cabrillo Power Tank Farm)
Attachments: NRG Boring Flgure.pdf; Property Owner Consent Form.pdf
David,
Please find attached is the property owner consent form for DEH and the locations of the proposed borings within the tank
farm Thank you for time and assistance. Please feel free to contact me or Terry Smith if you have any questions.
Respectfully,
"Rcr±A. !?.£..
9665 Chesapeake Drive, Suite 201
San Diego, California, 92123
(858) 514-8822 (office)
(858) 571-671 9 (direct)
(858) 514-8833 (fax)
GARYW. ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH JACK MILLER
DIRECTOR LAND AND WATER QUALITY DIVISION ASSISTANT DfRECTOR
P.O. BOX 129261, SAN DIEGO, CA 92112-9261
619-338-222 2/FAX 81 9-338-231 S/1-800-253-9933
www.sdcoutity.ca.gov/deh/lwq
PROPERTY OWNER CONSENT
Proposed locations for subsurface work:
Property Address: \ Assessor's Parcel Number (APN):
CA
_, owner of the property/properties listed above, give my permission to
toted above.
(consulting company, contractor) to conduct the following work at the locations
Install monitoring wells D Destroy monitoring wells f] Drill __J_ soil boringsQl ^
I understand that Vtg>y^,\g»^T,p (registered professional) of p|\V\\JQ ^ r-/yoorjv (consulting company) and an
authorized signerfor _ Cij^oOiS ...".£X\ yAt\^i (drilling ccrnpanyjhavesob mifted a signed application to the Department
of Environmental Health inwhicn theynave agreed to complete the above-stated work according the requirements of the
current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to well/boring
construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring
wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring wells/borings.
V y
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Jayme Foster
From: Kodis, Marc [Marc.Kodis@nrgenergy.com]
Sent: Friday, March 13, 2009 1:52 PM
To: Ross, Ronald
Subject: Call this PM
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Green Category
I am running over on a call. Can we move our call to 2:30?
Marc A. Kodis, n:
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
Jayme Foster
From: Ross, Ronald
Sent: Monday, March 16, 2009 10:28 AM
To: Kodis, Marc
Cc: Terry Smith
Subject: Agua Hedionda Lift Station - Force Main
Attachments: FM Plan and Profile.pdf
Marc,
Attached is the proposed plan and profile for the force main thru the tank farm. Please feel free to contact me if you have
any questions.
Respectfully,
cJ*e_«jurt. Civil
(656) 5 1 4-8822 (Office)
(858) 5 14-8833 (fax)
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Jay me Foster
From: Ross, Ronald
Sent: Tuesday, March 17, 2009 10:51 AM
To: Kodis, Marc
Cc: Terry Smith
Subject: Agua Hedionda Lift Station - Force Main
Marc,
Attached is a cross section for the utilities in the corridor we spoke about on Friday. Dimensioned are some of the utility
easements in the area. The trench is shown as 6-feet in width (minimum width). The remaining width of the 20-feet
easement would be for equipment access (excavators, pile drivers, etc.). Also included is an as-built drawing for the 9'
tunnel that has utility information in the same area. Feel free to contact me if you need anything else.
NRG Cross 137269S403.pdf
Section.pdf
Respectfully,
9665 Chesapeake Drive, Suite 201
San Diego, California, 92123
(858) 514-8822 (office)
(858) 571-6719 (direct)
(858) 514-8833 (fax)
Railroad — x
Right-of-Way vj i -5'-0".1 Gas !
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12" HP Gas
Existing 42" Sewer
17'-6"
Existing Sewer
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Additional Sewer
Easement
Telephone
Easement
2" Telephone
— New 32" to 34" Force Main
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Jayme Foster
From: Kodis, Marc [Marc. Kodis@nrgenergy.com]
Sent: Wednesday, March 18, 2009 5:23 AM
To: Ross, Ronald
Cc: Terry Smith
Subject: RE: Agua Hedionda Lift Station - Force Main
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Green Category
Thanks Ron. Good information.
Do you have the drawings S40G, S407, S408 and S409 and the plan from which the section is identified that you can send
us? Thanks.
Is there a scale on the sketch and where is this section taken from, perhaps at the tunnel?
Thanks again.
From: Ross, Ronald [mailto:rros5iaBrwnCald.com]
Sent: Tuesday, March 17, 2009 10:51 AM
To: Kodis, Marc
Cc: Terry Smith
Subject: Agua Hedionda Lift Station - Force Main
Marc,
Attached is a cross section for the utilities in the corridor we spoke about on Friday. Dimensioned are some of the utility
easements in the area. The trench is shown as 6-feet in width (minimum width). The remaining width of the 20-feet
easement would be for equipment access (excavators, pile drivers, etc.). Also included is an as-built drawing for the 9'
tunnel that has utility information in the same area. Feel free to contact me if you need anything else.
«NRG Cross Section. pdf» «137269S403.pdf»
Respectfully,
9665 Chesapeake Drive, Suite 201
San Diego, California, 92123
(050) 5 14-0022 (office)
(S5B) t»n -6 na (direct)
(858) 514-8833 (fax)
Jayme Foster
From: Ross, Ronald
Sent: Wednesday, March 18, 2009 9:03 AM
To: Kodis, Marc
Cc; Terry Smith
Subject: RE: Agua Hedionda Lift Station - Force Main
Attachments: 137269S407.pdf; S406 S408 S409 PDF; Utility Cross Section Layoutl (1).pdf; Utility Cross
Section Layoutl (2).pdf
Marc,
The cross section was taken from Station 3+00 on the Force Main Plan and Profile Attached is an additional cross
section taken at the tunnel. Both cross sections are at 1/8" = 1' scale. Also attached are the tunnel drawings you
requested. Hope this helps.
Respectfully,
CiviL
(858) 51 4-8822 (office)
(858) 5 14-8833 (fax)
From: Kodis, Marc [mailto:Marc.KQd.j.s.@nrq.energy.com]
Sent: Wednesday, March 18, 2009 5:23 AM
To: Ross, Ronald
Cc: Terry Smith
Subject: RE: Agua Hedionda Lift Station - Force Main
Thanks Ron, Good information.
Do you have the drawings S406, S407, S408 and S409 and the plan from which the section is identified that you can send
us? Thanks.
Is there a scale on the sketch and where is this section taken from, perhaps at the tunnel?
Thanks again.
From: Ross, Ronald [mailto:rro5S@BrwnCald.com]
Sent: Tuesday, March 17, 2009 10:51 AM
To: Kodis, Marc
Cc: Terry Smith
Subject: Agua Hedionda Lifl. Station - Force Main
Marc,
Attached is a cross section for the utilities in the corridor we spoke about on Friday. Dimensioned are some of the utility
easements in the area. The trench is shown as 6-feet in width (minimum width). The remaining width of the 20-feet
easement would be for equipment access (excavators, pile drivers, etc.). Also included is an as-built drawing for the 9'
tunnel that has utility information in the same area. Feel free to contact me if you need anything else.
«NRG Cross Section,pdf» «137269S403.pdf»
Respectfully,
9685 Chesapeake Drive, Suite 201
San Diego, California, 92123
(658) 514-8822 (office)
(858) 571-6719 (direct)
(858) 514-8833 (fax)
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Jayme Foster
From: Kodis, Marc [Marc.Kodis@nrgersergy.com]
Sent: Friday, April 03, 2009 2:31 PM
To: • Terry Smith
Cc: Ross, Ronald
Subject: RE: Status on Consent
Attachments: Geotech Drilling Consent.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Green Category
Attachment, The original is being sent to you by mail.
From: Kodis, Marc
Sent: Friday, April 03, 2009 ?:?3 PM
To: Terry Smith
Cc: Ross, Ronald
Subject; RE; Status on Consent
Thanks Terry.
Attached is the consent as requested. Please note that personnel cannot start work until access agreements are in place
and a work plan is provided, reviewed and approved by Cabrillo. I would suggest we have a pre-work meeting with your
contractors at the site to go over work plan and site work issues.
Regards, Marc
Marc A. Kodis, n:
Regional Engineering Managci
NRG West
Suite 104
1817 Aston Avc
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2! 19
Fax 760-710-2158
From: Terry Smith [mailto:Terry.Smjth@carl5badca.gQv]
Sent: Friday, April 03, 2009 12:06 PM
To: Kodis, Marc
Cc: Ross, Ronald
Subject: RE: Status on Consent
Marc,
We'll get this information to you by early next week. Please e-mail us a pelf of the agreement when it is ready.
Also, please copy Ron since I will be out of the office on Monday and Tuesday next week.
Thank.
Terry
From: Kodis, Marc [mailto:Miarc.Kodis@nrqenergv.com]
Sent; Friday, April 03, 2009 11:59 AM
To; Terry Smith
Subject: Status on Consent
Terry, good meeting with you the other day regarding collaboration on your new lift station/forced sewer pipeline/bridge
projects.
Got your voicemail. We are working through the consent.
In checking with our folks we will need to have an access agreement from your contractors. We will need addresses and
fax #s for Ninyo & Moore & Scotts Drilling. Please confirm that these will be the only contractors on site. We will also
need insurance accords from your contractors.
Additionally, we will need to a work plan that identifies the work scope/methods to be used including treatment of any
wastes that are generated. This will not be needed for the consent but will be required for review and approval by us prior
to start of work.
Marc A. Kottis, n:
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
OAJJY W. ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH
LAND AND WATER QUALITY DIVISION
P.O. BOX 1J9H1, SAN DtlOO. CA 8Z111-J281619-3 38-22 22/FAX 619-338-231 6M .800-263-9»33
www.8dcounty.ea.gov/deh/1wq
AM,ASSISTANT DIRECTOR
PROPERTY OWNER CONSENT
Proposed locations for subsurface work:
Property Address:Pcu*i~ Wr.)Assessor's Parcel Number (APN):
i too. .2*00 IQ.4 2.QQ,
_. owner of the property/properties listed above, give my permission to
stated above.
n Install
(consulting company, contractor) to conduct the following work at the locations
monitoring wells O Destroy monitoring wells
(registered professional) of N\V\\\K> ^
ha^e s
in Dri II J*|soil borings
(consulting company) and an
i \\Hsrt (drtling company) ha^e submrtt»d a signed application to the Department
I understand thai
authorized sionerfor
of Environmental Health in which they have speed to complete the above-stated work according the requirements of trie
current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to well/boring
construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring
wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring well*/boring*.
I Y_ . ;. ____ -'_j , _________ : _ „ _ ____tls)Property Owner Signature-
Print Name:Title:
Company:
Mailing Address:
OEM SAM-9503 (Rev. 5-07)
3
Jayme Foster
From: Kodis, Marc [Marc.Kodis@nrgenergy.com]
Sent: Thursday, April 09, 2009 10:55 AM
To: Gregory Farrand
Cc: Ross, Ronald, Frank Moreland, Lisa Hill
Subject: RE: AHLS, NRG Access Agreement
Attachments: License and Access Agreement - Ninyo & Moore.doc
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Green Category
Hi Gregory,
We will need to have to ask you to sign another copy. We asked the city for the following information for each contractor
doing work on site so that we can complete the draft access agreement and send to you for signature:
• Addresses
• Fax #s
We will need same information for Scott Drilling as well. Also, we have some modified insurance provisions that I have
added in the attachment.
Could you also send a pdf version of the boring locations on a plot plan that will be an attachment to the access
agreement.
Thank you,
Marc A. Kodis. rp:
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
From: Gregory Farrand [mailto:gfarrand@ninyoandmoore.com]
Sent: Thursday, April 09, 2009 10:11 AM
To: Kodis, Marc
Cc: Ross, Ronald; Frank Moreland; Lisa Hill
Subject: AHLS, NRG Access Agreement
Marc-
Attached is a PDF of the Access Agreement signed by us. A hard copy should arrive later today,
i
Please contact me at your convenience if you have, any questions.
Gregory T. Farrand, PG, CEG
Principal Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road, San Diego, California 92123
(858)576-1000, x1220 (office)
(619)208-6355 (cell)
nfarrand@ninyoandmoore.com
4/9/09
Original Message
From: Ross, Ronald [mailto:rros5@BrwnCald.com]
Sent: Wednesday, April 08, 2009 1:07 PM
To: Lisa Hili
Cc; Frank Moreland; Gregory Farrand
Subject: NRG Access Agreement
Lisa,
Attached is the license agreement for access to the NRG site. Also, I am working on a confirmation from Encina
that we can still store the drums at the existing lift station.
Respectfully,
"Rjtm. T&r&JL T>.£..
(658) 514-8822 (office)
(858) 514-8833 (fax)
From; Terry Smith [mailto:Terry.Srrjith@carlsbadcai,govl
Sent; Wednesday, April 08, 2009 8:40 AM
To: Ross, Ronald
Subject: FW: Status on Consent
See Attached.
Terry
From: Kodis, Marc [mailto:Marc.Kodis@nrgenerqy.com1
Sent: Monday, April 06, 2009 9:27 AM
To: Terry Smith
Subject: RE: Status on Consent
Terry, here is the draft of the Access Agreement for N&M, Once we get the right info we can complete and
execute. Same form needs to be executed by Scotts Drilling which we can complete once we get the
information. Thanks.
From: Kodis, Marc
Sent: Friday, April 03, 2009 3:19 PM
To: Terry Smith
Subject: RE: Status on Consent
The access agreements need to be signed with your contractors and will require insurance accords from each
one. As soon as we get the information requested we can complete the draft access agreements and I will send
on to you.
From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov]
Sent: Friday, April 03, 2009 2:56 PM
Tot Kodis, Marc
Subject: RE: Status on Consent
No problem. When do you think you will have the access agreement ready for us to execute?
From: Kodis, Marc [mailtoiMarc.KodisCcgnrqenergy.cornj
Sent: Friday, April 03, 2009 2:23 PM
To: Terry Smith
Cc: Ross, Ronald
Subject: RE: Status on Consent
Thanks Terry.
Attached is the consent as requested. Please note that personnel cannot start work until access agreements are
in place and a work plan is provided, reviewed and approved by Cabrillo. I would suggest we have a pre-work
meeting with your contractors at the site to go over work plan and site work issues.
Regards, Marc
Marc A. Kodis, f'E
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off760-710-2142
Cell 760-535-2119
Fax 760-710-2158
From: Terry Smith toajIto.Olej^Sinj^^
Sent: Friday, April 03, 2009 12:06 PM
To: Kodis, Marc
Cc: Ross, Ronald
Subject: RE: Status on Consent
Marc,
We'll get this information to you by early next week. Please e-mail us a pcif of the agreement when it is
ready. Also please copy Ron since I will be out of the office on Monday and Tuesday next week.
Thank,
Terry
From: Kodis, Marc [mailto:Marc.Kodis@nrqenerqy.com1
Sent: Friday, April 03, 2009 11:59 AM
To: Terry Smith
Subject: Status on Consent
Terry, good meeting with you the other day regarding collaboration on your new lift station/forced sewer
pipeline/bridge projects.
Got your voicemail. We are working through the consent.
In checking with our folks we will need to have an access agreement from your contractors. We will need
addresses and fax #s for Ninyo & Moore & Scotts Drilling, Please confirm that these will be the only contractors
on site. We will also need insurance accords from your contractors.
Additionally, we will need to a work plan that identifies the work scope/methods to be used including treatment of
any wastes that are generated. This will not be needed for the consent but will be required for review and
approval by us prior to start of work.
Marc A, Kodis, in-:
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
ACCESS AGREEMENT
1. This Access Agreement is made as of April 3, 2009, between the
undersigned Licensor as owner of the premises (or as agent for or authorized
representative of such owner) described herein ("Licensor") and Ninyo & Moore,
address (fax ) ("Licensee") in connection with conducting geotechnical borings
along a potential sewer line casement requested by the City of Carlsbad from
Licensor at Licensor's premises generally described as follows (the "Premises"): an
area adjacent to an existing main line sewer pipeline along the western edge of
Licensor's tank farm properly bordered by the 1-5 Freeway and the NCTD rail tracks
at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points
marked on a drawing provided by the City of Carlsbad to Licensor.
2. Licensor hereby grants to Licensee the right to enter onto the Premises
and conduct geotechnical borings in accordance with a Licensor approved work plan
to be submitted by Licensee to Licensor (the "Drilling Program").
3. Licensor is the owner of said Premises, and Licensor is fully authorized
to enter into this Access Agreement and has the right to grant Licensee the use of said
Premises and each and all of the rights herein granted and that no one else's
permission is required.
4. Licensor is providing access for the Drilling Program without
compensation at the request of, and as an accommodation to, the City of Carlsbad,
without conceding that any particular expansion of the existing sewer line easements
will be identified as a result of the Drilling Program.
5. Licensee shall leave said Premises in substantially as good condition as
when received by it, excepting reasonable wear and tear and use of said Premises for
the purposes herein permitted. Licensee shall dispose of any core drilling spoils in
accordance with applicable environmental rules and regulations. Licensee shall clean
any debris or rubbish left by its visitors on the Premises. Any property of Licensee
left on the Premises after clean-up and removal has occurred shall be considered
abandoned after thirty (30) days, and may be disposed of by Licensor, at its
discretion.
6. Licensee does hereby for itself and its legal representatives, successors
and assigns, agree to and hereby does expressly and fully release, indemnify, defend
and hold harmless Licensor and its affiliates and its and their respective agents,
representatives, members, employees, successors, assigns, officers, directors, and
representatives (collectively, "Licensor's Related Parties") from and against any and
all claims, suits, losses, damages, demands, causes of action and liabilities of any kind
or character (including, but not limited to, attorneys' fees, costs of litigation and
i
ACCT.SS AGREEMENT - Ninvo & Moore
investigation and other costs associated therewith) (collectively, "Claims") caused by
or arising out of or in any way incidental to or connected with the entry or presence of
Licensee or its affiliates or its or their agents, representatives, servants, employees,
contractors, customers, or invitees in, on or about the Premises, or their activities in
setting up scenery, equipment, sets, or use of any Premises equipment, whether
imposed by statute, rule or regulation or theory of strict liability and regardless of
cause or of the negligence or fault of Licensor and/or Licensor's Related Parties,
WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT,
COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED
PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER
EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S
RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR
AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to
not less than five million dollars (55,000,000) or such greater amount as provided in
Licensee's general liability insurance policy. Licensee shall not be admitted to the
Premises without first providing evidence of general liability insurance naming
Licensor (Cabrillo Power I LLC, and its parent, NRG Energy, Inc.) and its site
operator. NRG Cabrillo Power Operations Inc., and their respective officers,
employees, contractors and agents., as additional insureds with limits of not less than
the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's
insurance department. Prior to proceeding with any activity which may involve risk
to persons or property, Licensee shall meet with Licensor's site safety representative
to review the proposed activity, and the safety measures to be employed during the
activity. Licensor may halt any further activity if Licensor's site safety representative
determines the activity to be unreasonably unsafe. Notwithstanding this requirement,
Licensee shall be solely responsible for any activities involving its Drilling Program,
and Licensee shall not request the use or operation of any Premises equipment by its
technicians or by any Licensor operating personnel or Licensor's contractors, and
Licensee shall be solely responsible for any accident or injury resulting from such
use, regardless of fault or cause. Licensee shall provide an insurance certificate to
Licensor which contains the provisions set forth in Exhibit A attached hereto and
incorporated by this reference.
7. THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND
LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID
STATE.
8. This Agreement is entered into as of the date indicated below, represents and
the entire agreement between the parties, and may be amended only in writing signed
by the parties. If the safety officer for Licensor observes any unsafe practices, he may
terminate the license granted herein without further notice.
ACCFSS AGRRBMENT - Ninyo & Moore
CABRILLO POWER I LLC
(Licensor)
NINYO & MOORE
(Licensee)
BY:
Authorized officer Its: Executive Director
ACCESS AOREl-MloNT - Ninvo & Moore
EXHIBIT A
Insurance Provisions
1. Insurance. Licensee agrees that it is ultimately responsible to ensure
that Licensee, its agents, representative, servants, employees, contractors, customers,
or invitees (collectively referred to as "Licensee Related Parties" in this insurance
provision) who enter in, on, or about the Premises have, or shall have in place at the
lime of such entry ("Date of Entry"), Commercial General Liability insurance,
including coverages for bodily injury liability ;IK luJin^eath. iierMiiMJlliilO^
property damage, premises/operations, ,-ii'Hiu t, »>mpleted operationsproper-ty
tlamage, independent contractors. a«tfbroad form contractual liability, :>c|-^i.itiun of
msinvits. and no exclusions Jor any of XC'&JU exposures- in support of Licensee's
indemnification hereunder, with per occurrence limits of not less than $5.000,000.00
(whether in a primary policy or a combination of primary and excess coversage).
MliUen on an occurrence basis. Licensee Related Parties shall also maintain statutory
Workers' Compensation Insurance that extends coverage to anyone who enters in, on,
or about the Premises, includingJ.ymployers Liability Luxiillj5ilil^^ If
vehicles will be operated in, on, or .about the Premises by Licensee Related Parties,
Licensee shall maintain an Automobile Liability policy with a combined single limit
of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All
insurance coverage maintained hereunder, shall be placed with companies, on forms
and in such amounts as Licensor may, from time to time, reasonably require, with the
premiums fully paid on or before the due dates. The Commercial General Liability
and Automobile Liability (if applicable) insurance policies < , ' icej.o l'> L,u%'l
'>aili^ shall be endorsed to include Licensor P i >u J P., i , . » Miv a i I". Uulcs as
additional insureds. 1 he. '.M.I,.', hi u,cd u'i on ilu- IK-IK' jl 1 iai .lit) insurance
polio shulj_extend i.i I-•'! ',i.,':;i_ nivU -.>•, U1 d upcKitions. The Workers'
Compensation policy maintained by Licensee shall contain a waiver of subrogation
clause in favor of Licensor 1-U Uucd Pai IK^ dikhivalfiliaies. All policies of insurance
required to be maintained by Licensee Related Parties shall specifically provide that
Licensor shall be given at least thirty (30) days prior written notice of any
cancellation or nonrenewal of any such policy. A duly executed certificate of
insurance with respect to each such policy shall be deposited with Licensor on or
before the initial Date of Entry, and a duly executed certificate of insurance with
respect to each subsequent policy shall be deposited with Licensor at least thirty (30)
days prior to the expiration of the preceding such policy. All insurance policies
obtained by Licensee Related Parties hereunder shall be written as primary policies
(primary over any insurance carried by Licensor IU>hltv^^lJ^Uo^H^u•^tH-•^^^•al'•(•ll•iaI:es),
not contributing with and not in excess of coverage which Licensor Rehij^iJ^arues
mid/er4te-a-PT41 iatcs may carry, if any. In the event of any Claim, Licensee shall look
solely to such insurance and/or any other insurance carried by Licensee.
ACCESS AGREEMENT-Ninyo & Moore
Jayme Foster
From: Frank Moreland [fmoreland@ninyoandmoore.com]
Sent: Thursday, April 09, 2009 3:18 PM
To: Kodis, Marc; Gregory Farrand
Cc: Ross, Ronald; Lisa Hill; Lloyd, David
Subject: RE: AHLS, NRG Access Agreement
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Green Category
Yes, use the address below.
Frank
Frank 0. Moreland, P.O., C.E.G.
Senior Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road
San Diego, California 92123
(858) 576-1000 (X1225)
(858) 576-9600 (Fax)
fmoreiand@ninyoandrnoore.com
Experience • Quality • Commitment
Original Message
From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Thursday, April 09, 2009 2:59 PM
To: Frank Moreland; Gregory Farrand
Cc: Ross, Ronald; Lisa Hill; Lloyd, David
Subject: RE: AHLS, NRG Access Agreement
Thank you, Frank. So it looks like we need to have 3 agreements. Should we use the address for N&M that is in
your contact info?
From; Frank Moreland [mailto:fmoreland@ninyoandmoore.com]
Sent: Thursday, April 09, 2009 2:18 PM
To: Kodis, Marc; Gregory Farrand
Cc: Ross, Ronald; Lisa Hill
Subject: RE: AHLS, NRG Access Agreement
Hi Marc,
Our drillers are Scott's Drilling and Tri-County Drilling, their information is below:
Sends Drilling
271 Roymar Road, Suite D
Oceanside, California 92056
(760)966-1613
email Sconsdrilling@cox.net
Jayme Foster
From: Frank Moreland [fmoreland@ninyoandmoore.com]
Sent: Monday, May 11, 2009 10:15 AM
To: Kodis, Marc; Gregory Farrand
Cc: Ross, Ronald; Lisa Hill; Lloyd, David
Subject: RE: AHLS, NRG Access Agreement
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Red Category
Hi Marc,
One of our drillers has changed. Instead of Tri-County, we will be using Pacific Drilling. Their information is below.
Tod Clark
Pacific Drilling
P.O. Box 84627
San Diego, California 92138
(619)294-3682
(619} 294-3283 FAX
tod@pacdrill.com
I will have them send insurance certs.
Frank
Frank 0. Moreland, P.G., C.E.G.
Senior Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Puffin Road
San Diego, California 92123
(858) 576-1000 (x1225)
(858) 576-9600 (Fax)
fmoreland@ninyoandmoore.com
Experience • Quality • Commitment
Original Message
From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Thursday, April 09, 2009 2:59 PM
To: Frank Moreland; Gregory Farrand
Cc: Ross, Ronald; Lisa Hill; Lloyd, David
Subject: RE: AHLS, NRG Access Agreement
Thank you, Frank. So it looks like we need to have 3 agreements. Should we use the address for N&M that is in
your contact info?
From: Frank Moreland [mailto:fmoreland@ninyoandmoore.com]
Sent: Thursday, April 09, 2009 2:18 PM
To: Kodis, Marc; Gregory Farrand
Cc: Ross, Ronald; Lisa Hill
Subject: RE: AHLS, NRG Access Agreement
Hi Marc,
Our drillers are Scott's Drilling and Tri-County Drilling, their information is below;
Scotts Drilling
271 Roymar Road, Suite D
Oceanside, California 92056
(760)966-1613
email Scpttsdrilling@cox.net
• Tri-County Drilling
9631 Candida Street
San Diego, California 92126
(858)271 0099
(858) 784-0342 FAX
email linidrtiucdrillinii.com
I will have them forward insurance certificates,
Frank
Frank O. Moreland, P.O., C.E.G
Senior Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road
San Diego, California 92123
(858) 576-1000 (X1225)
(858) 576-9600 (Fax)
fmoreland@ninyoanamoore com
Experience • Quality • Commitment
Original Message
From: Kodb, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Thursday, April 09, 2009 10:55 AM
To: Gregory Farrand
Cc: Ross, Ronald; Frank Moreland; Lisa Hill
Subject: RE: AHLS, NRG Access Agreement
Hi Gregory,
We will need to have to ask you to sign another copy. We asked the city for the following information for
each contractor doing work on site so that we can complete the draft access agreement and send to you
for signature:
• Addresses
• Fax #s
We will need same information for Scott Drilling as well. Also, we have some modified insurance
provisions that I have added in the attachment.
Could you also send a pdf version of the boring locations on a plot plan that will be an attachment to the
access agreement.
Thank you,
Marc A. Kodis. PE
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Avc
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
From: Gregory Farrand [mailto:gfarrand@ninyoandmoore.com]
Sent; Thursday, April 09, 2009 10: 11 AM
To: Kodis, Marc
Cc: Ross, Ronald; Frank Moreland; Lisa Hill
Subject: AMIS, NRG Access Agreement
Marc-
Attached is a PDF of the Access Agreement signed by us. A hard copy should arrive later today.
Please contact me at your convenience if you have any questions.
Gregory T. Farrand, PG, CEG
Principal Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Puffin Road, San Diego, California 92123
(858)576-1000, x1220 (office)
(619)208-6355 (cell)
gfarrand@ninyoandmoore.com
4/9/09
..... Original Message -----
From: Ross, Ronald [mailto:rross@BrwnCald.com]
Sent: Wednesday, April 08, 2009 1:07 PM
To: Lisa Hill
Cc: Frank Moreland; Gregory Farrand
Subject: NRG Access Agreement
Lisa,
Attached is the license agreement for access to the NRG site. Also, 1 am working on a
confirmation from Encina that we can still store the drums at the existing lift station.
Respectfully,
~p.£.
(858) 014-8822 (office)
(858) 514-8833 (fax)
From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov]
Sent: Wednesday, April 08, 2009 8:40 AM
To: Ross, Ronald
Subject: FW; Status on Consent
See Attached.
Terry
From: Kodis, Marc[mailto:Marc,Kodis@nrgenergy,com]
Sent: Monday, April 06, 2009 9:27 AM
To: Terry Smith
Subject: RE: Status on Consent
Terry, here is the draft of the Access Agreement for N&M. Once we get the right info we can
complete and execute. Same form needs to be executed by Scotts Drilling which we can
complete once we get the information. Thanks.
From: Kodis, Marc
Sent: Friday, April 03, 2009 3:19 PM
To: Terry Smith
Subject: RE: Status on Consent
The access agreements need to be signed with your contractors and will require insurance
accords from each one. As soon as we get the information requested we can complete the draft
access agreements and I will send on to you.
From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov]
Sent: Friday, April 03, 2009 2:56 PM
To: Kodis, Marc
Subject: RE: Status on Consent
No problem. When do you think you will have the access agreement ready for us to
execute?
From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Friday, April 03, 2009 2:23 PM
To: Terry Smith
Cc: Ross, Ronald
Subject: RE: Status on Consent
Thanks Terry.
Attached is the consent as requested. Please note that personnel cannot start worK until access
agreements are in place and a work plan is provided, reviewed and approved by Cabrillo. I would
suggest we have a pre-work meeting with your contractors at the site to go over work plan and
site work issues
Regards, Marc
Marc A. Kodis, PF.
Regional Engineering Manager
NRC West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov]
Sent: Friday, April 03, 2009 12:06 PM
To; Kodis, Marc
Cc: Ross, Ronald
Subject: RE: Status on Consent
Marc,
We'll get this information to you by early next week. Please e-mail us a pdf of the
agreement when it is ready. Also, please copy Ren since I will be out of the office on
Monday and Tuesday next week.
Thank,
Terry
From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Friday, April 03, 2009 11:59 AM
To: Terry Smith
Subject: Status on Consent
Terry, good meeting with you the other day regarding collaboration on your new lift station/forced
sewer pipeline/bridge projects.
Got your voicemail. We are working through the consent.
In checking with our folks we will need to have an access agreement from your contractors. We
will need addresses and fax #s for Ninyo & Moore & Scotts Drilling. Please confirm that these will
be the only contractors on site. We will also need insurance accords from your contractors.
Additionally, we will need to a work plan that identifies the work scope/methods to be used
including treatment of any wastes that are generated. This will not be needed for the consent but
will be required for review and approval by us prior to start of work.
Marc A. Kodis, PI-.
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Avc
Carlsbad, CA 92(108
Off 760-710-2142
Cell 760-535-2119
FHX 760-710-2158
Jayme Foster
From: Gregory Farrand [gfarrand@ninyoandmoore.com]
Sent: Monday, April 13, 2009 3:24 PM
To: Kodis, Marc
Cc: Ross, Ronald; Frank Moreland
Subject: AHLS, NRG Access Agreement + Insurance Certificate
Attachments: NRG AHLS Access Agreement •*• Ins Cert 4-13-09.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Green Category
Marc-
Attached is a PDF of the Access Agreement signed by Ninyo & Moore and our insurance certificate. Two hardcopies are
in the overnight mail to your attention. Our subcontractors, Tri-County Drilling and Scott's Drilling, are also forwarding their
signed Access Agreements and insurance certificates directly to your attention.
Please contact me at your convenience if you have any questions.
Gregory T. Farrand, PG, CEG
Principal Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road, San Diego, California 92123
(050) 576-1000. x1220 (office)
(619)208-6355 (cell)
gfarrand@ninyoandmoore.com
4/13/09
Original Message
From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Saturday, April 11, 2009 7:44 AIM
To: Gregory Farrand
Cc: Ross, Ronald; Lisa Hill; Frank Moreland
Subject: RE: AHLS, NRG Access Agreement
Attached are revised access agreement drafts. Please provide comments. Thank you,
Miirc ,!, Kodis, /'£
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
From: Gregory Farrand [mailto:gfarrand@ninyoandmoore.com]
Sent: Thursday, April 09, 2009 2:12 PM
To: Kodis, Marc
Subject: RE: AHLS, NRG Access Agreement
Marc-
I'll have our insurance broker also review the revisions and get back to you as soon as possible.
Gregory T. Farrand, PG, CEG
Principal Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road, San Diego, California 92123
(858) 576-1000, x1220 (office)
(619)208-6355 (cell)
gfarrand@ninyoandmoore.com
4/9/09
Original Message—
From: Kodis, Marc [maiito:Marc.Kodis@nrgenergy.cornl
Sent: Thursday, April 09, 2009 10:55 AM
To: Gregory Farrand
Cc: Ross, Ronald; Frank Moreland; Lisa Hill
Subject: RE: AHLS, NRG Access Agreement
Hi Gregory,
We will need to have to ask you to sign another copy. We asked the city for the following information for
each contractor doing work on site so that we can complete the draft access agreement and send to you
for signature:
• Addresses
• Fax #s
We will need same information for Scott Drilling as well. Also, we have some modified insurance
provisions that I have added in the attachment.
Could you also send a pdf version of the boring locations on a plot plan that will be an attachment to the
access agreement.
Thank you,
Marc ,1. Kodis. i'i.
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad, CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
From: Gregory Farrand [mailto:gfarrand@ninyoandmoore.com]
Sent: Thursday, April 09, 2009 10:11 AM
To: Kodis, Marc
Cc: Ross, Ronald; Frank Moreland; Lisa Hill
Subject: AHLS, NRG Access Agreement
Marc-
Attached is a PDF of the Access Agreement signed by us. A hard copy should arrive later today.
Please contact me at your convenience if you have any questions.
Gregory T. Farrand, PG, CEG
Principal Geologist
Ninyo & Moore
Geotechnical & Environmental Sciences Consultants
5710 Ruffin Road, San Diego, California 92123
(858)576-1000, x1 220 (office)
(619)208-6355 (cell)
gfarrand@ninyoandrnoore.com
4/9/09
..... Original Message -----
From: Ross, Ronald [mailto:rross@BrwnCald.com]
Sent: Wednesday, April 08, 2009 1:07 PM
To: Lisa Hill
Cc: Frank Moreland; Gregory Farrand
Subject: NRG Access Agreement
Lisa,
Attached is the license agreement for access to the NRG site. Also, I am working on a
confirmation from Encina that we can still stare the drums at the existing lift station.
Respectfully,
cToutrt. Civil
(858) 514-8822 (Office)
(858) 51 4-8833 (fax)
From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov]
Sent: Wednesday, April 08, 2009 8:40 AM
To: Ross, Ronald
Subject: FW: Status on Consent
See Attached.
Terry
From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Monday, April 06, 2009 9:27 AM
To: Terry Smith
Subject: RE: Status on Consent
Terry, here is the draft of the Access Agreement for N&M. Once we get the right info we can
complete and execute. Same form needs to be executed by Scotts Drilling which we can
complete once we get the information. Thanks.
From: Kodis, Marc
Sent: Friday, April 03, 2009 3:19 PM
To: Terry Smith
Subject: RE: Status on Consent
The access agreements need to be signed with your contractors and will require insurance
accords from each one. As soon as we get the information requested we can complete the draft
access agreements and I will send on to you.
From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov]
Sent: Friday, April 03, 2009 2:56 PM
To: Kodis, Marc
Subject: RE: Status on Consent
No problem. When do you think you will have the access agreement ready for us to
execute^
From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com]
Sent: Friday, April 03, 2009 2:23 PM
To: Terry Smith
Cc: Ross, Ronald
Subject: RE: Status on Consent
Thanks Terry.
Attached is the consent as requested. Please note that personnel cannot start work until access
agreements are in place and a work plan is provided, reviewed and approved by Cabrillo. I would
suggest we have a pre-work meeting with your contractors at the site to go over work plan and
site work issues.
Regards, Marc
Marc A. Kodis, ri::
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad,CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov]
Sent: Friday, April 03, 2009 12:06 PM
To: Kodis, Marc
Cc: Ross, Ronald
Subject: RE: Status on Consent
Marc,
Well got this information to you by early next week. Please e-maii us a pdf of the
agreement when it is ready. Also, please copy Ron since I will be out of the office on
Monday and Tuesday next week.
Thank,
Terry
From; Kodis, Marc |"rnailto:Marc.Kodis@nrgenergy,com]
Sent: Friday, April 03, 2009 11:59 AM
To: Terry Smith
Subject: Status on Consent
Terry, good meeting with you the other day regarding collaboration on your new lift station/forced
sewer pipeline/bridge projects.
Got your voicemail. We are working through the consent.
In checking with our folks we will need to have an access agreement from your contractors. We
will need addresses and fax #s for Ninyo & Moore & Scotts Drilling, Please confirm that these will
be the only contractors on site. We will also need insurance accords from your contractors.
Additionally, we will need to a work plan that identifies the work scope/methods to be used
including treatment of any wastes that are generated. This will not be needed for the consent but
will be required for review and approval by us prior to start of work
Metre A. K.odis, I'l:
Regional Engineering Manager
NRG West
Suite 104
1817 Aston Ave
Carlsbad,CA 92008
Off 760-710-2142
Cell 760-535-2119
Fax 760-710-2158
Transmittal
5710 Ruffin Road, San Diego, California 92123 * Phone 858/576-1000 » Fax 858/576-9600 * www.ninyoandmoore.com
To: Marc Kodis Date: April 13, 2009
Firm: NRG Energy, Inc.
1817 Aston Ave, Suite 104Address:
Carlsbad, CA 92008
Gregory T, Farrand, Principal GeologistFrom:
gfarrand@ninyoandmoore.com
Sub' ct- Access Agreement, Encina Generating Property, 4600 Carlsbad
J ' Carlsbad, CA; signed on 4-13-09
D Urgent EJ For Approval O For Your Use
Original Document: D Will Not Follow D Will Follow
Fax No:
Telephone
No:
Total Pages
Including
Transmittal:
Blvd/ Project No:
D Please Reply
D By U.S. Mail
D As Requested
D By Other
Marc-
Attached are two copies the Access Agreement signed 4-13-09 by me relative to
our planned field evaluation of the City of Carlsbad's Agua Hedtonda Lift Station
and associated sewer pipeline, Our insurance certificates are also attached.
Similar Access Agreements and insurance certificates by our subcontractors, Tri-
County Drilling and Scott's Drilling, will be forwarded by those firms directly to
your attention.
Thanks,
' "
Greg Farrand
Principal Geologist
858-576-1000, X1220
qfarrand@ninvoandmoufe.com
• Geotechnical Engineering
m Engineering Geology
• Materials Testing and Inspection
• Construction Management
• Engineering Design
• Environmental Engineering
H Environmental Site Assessments
• Regulatory Compliance and
Permitting
• Water Quality and Resource
Evaluations
• Hazardous Waste Management
« Soi! and Groundwater
Remediation
• Asbestos and lead-Based Paint
Surveys
a Geophysical Studies
• Mineral Resource Evaluations
B Value Engineering
» Forensic Studies
B Expert Witness Testimony
• San Francisco » Irvine • San Diego * Los Angeles « Ontario « Oakland « Las Vegas Salt Lake City Phoenix
ACCESS AGREEMENT
1. This Access Agreement is made as of April 10, 2009, between the
undersigned Licensor as owner of the premises (or as agent for or authorized
representative of such owner) described herein ("Licensor") and Ninyo & Moore,
5710 Ruffm Road, San Diego, CA 92123 (fax: 858-576-9600) ("Licensee") in
connection with conducting geotechnical borings along a potential sewer line
easement requested by the City of Carlsbad from Licensor at Licensor's premises
generally described as follows (the "Premises"): an area adjacent to an existing main
line sewer pipeline along the western edge of Licensor's tank farm property bordered
by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600
Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the
City of Carlsbad to Licensor,
2. Licensor hereby grants to Licensee the right to enter onto the Premises
and conduct geulcchniciil borings in accordance with a Licensor approved work plan
to be submitted by Licensee to Licensor (the ''Drilling Program").
3. Licensor is the owner of said Premises, and Licensor is fully authorized
to enter into this Access Agreement and has the right to grant Licensee the use of said
Premises and each and all of the rights herein granted and that no one else's
permission is required.
4. Licensor is providing access for the Drilling Program without
compensation at the request of, and as an accommodation to, the City of Carlsbad,
without conceding that any particular expansion of the existing sewer line easements
will be identified as a result of the Drilling Program.
5. Licensee shall leave said Premises in substantially as good condition as
when received by it, excepting reasonable wear and tear and use of said Premises for
the purposes herein permitted. Licensee shall dispose of any core drilling spoils in
accordance with applicable environmental rules and regulations. Licensee shall clean
any debris or rubbish left by its visitors on the Premises. Any properly of Licensee
left on the Premises after clean-up and removal has occurred shall be considered
abandoned after thirty (30) days, and may be disposed of by Licensor, at its
discretion.
6. Licensee does hereby for itself and its legal representatives, successors
and assigns, agree to and hereby does expressly and fully release, indemnify, defend
and hold harmless Licensor and its affiliates and its and their respective agents,
representatives, members, employees, successors, assigns, officers, directors, and
representatives (collectively, "Licensor's Related Parties") from and against any and
all claims, suits, losses, damages, demands, causes of action and liabilities of any kind
i
ACCESS AGREEMENT - Ninyo & Moore
or character (including, but not limited to, attorneys' fees, costs of litigation and
investigation and other costs associated therewith) (collectively, "Claims") caused by
or arising out of or in any way incidental to or connected with the entry or presence of
Licensee or its affiliates or its or their agents, representatives, servants, employees,
contractors, customers, or invitees in, on or about the Premises, or their activities in
setting up scenery, equipment, sets, or use of any Premises equipment, whether
imposed by statute, rule or regulation or theory of strict liability and regardless of
cause or of the negligence or fault of Licensor and/or Licensor's Related Parties,
WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT,
COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED
PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER
EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S
RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR
AND/OR LICENSOR'S RELATED PARTIES, Licensee's liability may be limited to
not less than five million dollars ($5,000,000) or such greater amount as provided in
Licensee's general liability insurance policy. Licensee shall not be admitted to the
Premises without first providing evidence of general liability insurance naming
Licensor (Cabrillo Power I LLC, and its parent, NRG Energy, Inc.) and its site
operator, NRG Cabrillo Power Operations Inc., and their respective officers,
employees, contractors and agents, as additional insureds with limits of not less than
the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's
insurance department. Prior to proceeding with any activity which may involve risk
to persons or property, Licensee shall meet with Licensor's site safety representative
to review the proposed activity, and the safety measures to be employed during the
activity. Licensor may halt any further activity if Licensor's site safety representative
determines the activity to be unreasonably unsafe. Notwithstanding this requirement,
Licensee shall be solely responsible for any activities involving its Drilling Program,
and Licensee shall not request the use or operation of any Premises equipment by its
technicians or by any Licensor operating personnel or Licensor's contractors, and
Licensee shall be solely responsible for any accident or injury resulting from such
use. regardless of fault or cause. Licensee shall provide an insurance certificate to
Licensor which contains the provisions set forth in Exhibit A attached hereto and
incorporated by this reference.
7. THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND
LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID
STATE.
8. This Agreement is entered into as of the date indicated below, represents and
the entire agreement between the parties, and may be amended only in writing signed
by the parties. If the safety officer for Licensor observes any unsafe practices, he may
terminate the license granted herein without further notice.
2
ACCESS AGREEMENT - Ninvo & Moore
CABRILLO POWER I LLC
(Licensor)
NINYO & MOORE
(Licensee)
BY:
Authorized officer Gregory T. Farfand, Principal Geologist
ACCI2SS AGREEMENT - Ninyo & Moore
EXHIBIT A
Insurance Provisions
I. Insurance. Licensee agrees that it is ultimately responsible to ensure
that Licensee, its agents, representative, servants, employees, contractors, customers,
or invitees (collectively referred to as "Licensee Related Parties" in this insurance
provision) who enter in, on, or about the Premises have, or shall have in place at the
time of such entry ("Date of Entry"), Commercial General Liability insurance,
including, coverages for bodily injury liability, including death, personal injury,
property damage, premises/operations, products/completed operations, independent
contractors, broad form contractual liability, separation of insureds, and no exclusions
for any of XC&U exposures, in support of Licensee's indemnification hereunder,
with per occurrence limits of not less than $5.000,000,00 (whether in a primary policy
or a combination of primary and excess coverage), written on an occurrence basis.
Licensee Related Parties shall also maintain statutory Workers' Compensation
Insurance that extends coverage to anyone who enters in, on, or about the Premises,
including Employer's Liability limits of $1,000,000. If vehicles will be operated in,
on. or about the Premises by Licensee Related Parties, Licensee shall maintain an
Automobile Liability policy with a combined single limit of $5,000,000.00 that will
extend coverage to such Licensee Related Parties. All insurance coverage maintained
hereunder, shall be placed with companies, on forms and in such amounts as Licensor
may, from time to time, reasonably require, with the premiums fully paid on or before
the due dates. The Commercial General Liability and Automobile Liability (if
applicable) insurance policies of Licensee Related Parties shall be endorsed to include
Licensor Related Parties as additional insureds. The additional insured status on Ihe
General Liability insurance policy shall extend to both ongoing and completed
operations. The Workers' Compensation policy maintained by Licensee shall contain
a waiver of subrogation clause in favor of Licensor Related Parties. All policies of
insurance required to be maintained by Licensee Related Parties shall specifically
provide that Licensor shall be given at least thirty (30) days prior written notice of
any cancellation or nonrenevval of any such policy. A duly executed certificate of
insurance with respect to each such policy shall be deposited with Licensor on or
before the initial Date of Entry, and a duly executed certificate of insurance with
respect to each subsequent policy shall be deposited with Licensor at least thirty (30)
days prior to the expiration of the preceding such policy. All insurance policies
obtained by Licensee Related Parties hereunder shall be written as primary policies
(primary over any insurance carried by Licensor Related Parties), not contributing
with and not in excess of coverage which Licensor Related Parties may carry, if any.
In the event of any Claim, Licensee shall look solely to such insurance and/or any
other insurance carried by Licensee.
ACCI-SS AGREEMENT - Ninyo & Moore
Client*: 704 NINYOMOOR1
ACQSD,- CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Dealey, Renton & Associates
P. O. Box 12675
Oakland, CA 94604-2675
510 465-3090 Ted Klyama
INSURED
Ninyo & Moore Geotechnical &
Environmental Sciences Consultants
571 ORuffin Road
( San Diego, CA 92123
DATE (MM/DtVYY)
04/10/09
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
IVARERA American Automobile ins. Co.
WLRFRB Fireman's Fund Insurance Co.
iMBLRimr Lexington Ins. Co,
INSURER 0:
INSURER 6:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVt FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
'LTR TYPE OF INSURANCE POLICY NUMBER l^k'f/ilSISw?
A ' GENERAL LIABILITY
X T""FR(-1AI C.PMPRAI IIARIIITY
., a.1 MS MADE ; X ! OCCUR
X Contractual
. X RR Corat..CG24J!
i f-Kt. Anr.REGATEUMITAPPLIESPER,
-..'.; 7 : s& TUoc
A AUTOMOBILE LIABILITY
X AKi-AUTO
1 ALL OWNED AUTOS
1 SCHEDULED AUTOS
X HIRED AUTOS
X | NON-OWNED AUTOS
MZG80 894367 i 10/03/08
MZG80894367 j 10/03/08
POLICY EXPIRATION
10/03/09
10/03/09
GARAGE LIABILITY• : i
ANY AUTO :
B EXCESS LIABILITY
X OCCUR , CLAIMS MADE
DEDUCTIBLE
RETENTION S
A WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
C OTHER Professional
& Contractor's
Pollution Liab.
CGX60485455 10/03/08
WZP80961358 05/01/08
10/03/09
05/01/09
7360276 10/03/08 10/03/09
LIMIT
EACH OCCURRENCE
PIRE DAMAGE (Any ona litu)
MED EXP (Any ono person)
»6RSONAL & ADV INJURY
PRODUCTS .COMP/O-PAQG
s
sijOOOJHJO
siJLQfi.OOO
510,000
51,000,000
32,000,000
COMBINED SINGLE LIMIT
BODILY INJURY(Per person)
BODILY INJURY(Per accident)
PROPERTY DAMAGE(?et actldeni)
51,000,000
s
s
s
AUTO ONLY - EA ACCIDENT S
OTHER THAN **£Wi
AUTO ONLY; AQG
6ACH OCCURRENCE
AGGREGATE
t.
s
sgjOoo.ooo
s
Is
^v WCSTATU- I lOTH-* TORY LIMITS I I ER
E.L. EACH ACCIDENT
E.L. DISEASE - FA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
s
1L25MPJL
s1, 000,000
$5,000,000 per Claim
$5,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL
SERVICES.
REF: ALL OPERATIONS OF THE NAMED INSURED.
(See Attached Descriptions)
CERTIFICATE HOLDER ADO mONAL INSURED; INSURER LETTER-CANCELLATION
NRG Energy, Inc.
Attn: Mark Kodis
1817 Aston Ave, Suite 104
Carlsbad, CA 92008
SHOULD AMYOF THE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE TOE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIMX5WOia*X$B< TO MAIL 30 _ DAYS WRITTEN
NOTICE TOWE CERTIFICATE HOLDERNAMED TOTHELEFT.>8tH'XWXW»(K)OC(3OQtt»eK
Jflffi03G(KX«>tt«WIWaKXt^>Ua>»Wf#m^
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97)1 of 2 #M237804 NMF . ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: Cabrillo Power
I LLC, NRG Energy, Inc. NRG Cabrillo Power Operations,
COMMERCIAL GENERAL LIABILITY Insurance Is primary and non-contributory per
policy form wording.
Waiver of Subrogation applies to Commercial General Liability, Automobile
Liability and Workers Compensation in favour of:- Cabrillo Powor
I LLC, NRG Energy, Inc. NRG Cabrillo Power Operations.
AMS 25.3 (07/97) 2 Of 2 #MZ37804
ACCESS AGREEMENT
1. This Access Agreement is made as of April 10, 2009. between the
undersigned Licensor as owner of the premises (or as agent for or authorized
representative of such owner) described herein ("Licensor") and Tri-County Drilling,
9631 Candida Street, San Diego, CA 92126 (fax: 858-784-0342) ("Licensee") in
connection with conducting geoteehnical borings along a potential sewer line
easement requested by the City of Carlsbad from Licensor at Licensor's premises
generally described as follows (the "Premises"): an area adjacent to an existing main
line sewer pipeline along the western edge of Licensor's lank farm property bordered
by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600
Carlsbad Blvd., Carlsbad. CA 92008 at points marked on a drawing provided by the
City of Carlsbad to Licensor.
2. Licensor hereby grants to Licensee the right to enter onto the Premises
and conduct geoteehnical borings in accordance with a Licensor approved work plan
to be submitted by Licensee to Licensor (the "'Drilling Program").
3. Licensor is the owner of said Premises, and Licensor is fully authorized
to enter into this Access Agreement and has the right to grant Licensee the use of said
Premises and each and all of the rights herein granted and that no one else's
permission is required.
4. Licensor is providing access for the Drilling Program without
compensation at the request of, and as an accommodation to, the City of Carlsbad,
without conceding that any particular expansion of the existing sewer line easements
will be identified as a result of the Drilling Program.
5. Licensee shall leave said Premises in substantially as good condition as
when received by it, excepting reasonable wear and tear and use of said Premises for
the purposes herein permitted. Licensee shall dispose of any core drilling spoils in
accordance with applicable environmental rules and regulations. Licensee shall clean
any debris or rubbish left by its visitors on the Premises. Any property of Licensee
left on the Premises after clean-up and removal has occurred shall be considered
abandoned after thirty (30) days, and may be disposed of by Licensor, at its
discretion.
6. Licensee does hereby for itself and its legal representatives, successors
and assigns, agree to and hereby does expressly and fully release, indemnify, defend
and hold harmless Licensor and its affiliates and its and their respective agents,
representatives, members, employees, successors, assigns, officers, directors, and
representatives (collectively, "Licensor's Related Parties") from and against any and
all claims, suits, losses, damages, demands, causes of action and liabilities of any kind
i
ACCESS AGREEMENT- Ninyo & Moore
or character (including, but not limited to, attorneys' fees, costs of litigation and
investigation and other costs associated therewith) (collectively, "Claims") caused by
or arising out of or in any way incidental to or connected with the entry or presence of
Licensee or its affiliates or its or their agents, representatives, servants, employees,
contractors, customers, or invitees in, on or about the Premises., or their activities in
setting up scenery, equipment, sets, or use of any Premises equipment, whether
imposed by statute, rule or regulation or theory of strict liability and regardless of
cause or of the negligence or fault of Licensor and/or Licensor's Related Parties,
WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT,
COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED
PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER
EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S
RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR
AND/OR LICENSOR'S RELATED PARTIES, Licensee's liability may be limited to
not less than five million dollars ($5,000,000) or such greater amount as provided in
Licensee's general liability insurance policy. Licensee shall not be admitted to the
Premises without first providing evidence of general liability insurance naming
Licensor (Cabrillo Power I LLC, and its parent, NRG Energy, Inc.) and its site
operator, NRG Cabrillo Power Operations Inc., and their respective officers,
employees, contractors and agents, as additional insureds with limits of not less than
the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's
insurance department. Prior to proceeding with any activity which may involve risk
to persons or property, Licensee shall meet with Licensor's site safety representative
to review the proposed activity, and the safety measures to be employed during the
activity. Licensor may halt any further activity if Licensor's site safety representative
determines the activity to be unreasonably unsafe. Notwithstanding this requirement,
Licensee shall be solely responsible for any activities involving its Drilling Program,
and Licensee shall not request the use or operation of any Premises equipment by its
technicians or by any Licensor operating personnel or Licensor's contractors, and
Licensee shall be solely responsible for any accident or injury resulting from such
use, regardless of fault or cause. Licensee shall provide an insurance certificate to
Licensor which contains the provisions set forth in Exhibit A attached hereto and
incorporated by this reference.
7. THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND
LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID
STATE.
8. This Agreement is entered into as of the date indicated below, represents and
the entire agreement between the parties, and may be amended only in writing signed
by the parties. If the safety officer for Licensor observes any unsafe practices, he may
terminate the license granted herein without further notice.
2
ACCESS AGREEMENT - Ninvo & Moore
CABRILLO POWER I LLC TRI-COUNTY DRILLING
(Licensor) (Licensee)
BY: By:_
Authorized officer Its:
ACCESS AGREEMENT - Ninyo & Moore
EXHIBIT A
Insurance Provisions
1, Insurance. Licensee agrees that it is ultimately responsible to ensure
that Licensee, its agents, representative, servants, employees, contractors, customers,
or invitees (collectively referred to as "Licensee Related Parties" in this insurance
provision) who enter in, on, or about the Premises have, or shall have in place at the
time of such entry ("Date of Entry"), Commercial General Liability insurance,
including coverages for bodily injury liability, including death, personal injury,
property damage, premises/operations, products/completed operations, independent
contractors, broad form contractual liability, separation of insureds, and no exclusions
for any of XC&U exposures, in support of Licensee's indemnification hereunder,
with per occurrence limits of not less than $5,000,000.00 (whether in a primary policy
or a combination of primary and excess coverage), written on an occurrence basis.
Licensee Related Parties shall also maintain statutory Workers* Compensation
Insurance that extends coverage to anyone who enters in, on, or about the Premises,
including Employer's Liability limits of $1,000,000. If vehicles will be operated in,
on, or about the Premises by Licensee Related Parties, Licensee shall maintain an
Automobile Liability policy with a combined single limit of $5,000,000.00 that will
extend coverage to such Licensee Related Parties. All insurance coverage maintained
hereunder, shall be placed with companies, on forms and in such amounts as Licensor
may, from time to time, reasonably require, with the premiums fully paid on or before
the due dates. The Commercial General Liability and Automobile Liability (if
applicable) insurance policies of Licensee Related Parties shall be endorsed to include
Licensor Related Parties as additional insureds. The additional insured status on the
General Liability insurance policy shall extend to both ongoing and completed
operations. The Workers' Compensation policy maintained by Licensee shall contain
a waiver of subrogation clause in favor of Licensor Related Parties. All policies of
insurance required to be maintained by Licensee Related Parties shall specifically
provide that Licensor shall be given at least thirty (30) days prior written notice of
any cancellation or nonrenewal of any such policy. A duly executed certificate of
insurance with respect to each such policy shall be deposited with Licensor on or
before the initial Date of Entry, and a duly executed certificate of insurance with
respect to each subsequent policy shall be deposited with Licensor at least thirty (30)
days prior to the expiration of the preceding such policy. All insurance policies
obtained by Licensee Related Parties hereunder shall be written as primary policies
(primary over any insurance canned by Licensor Related Parties), not contributing
with and not in excess of coverage which Licensor Related Parties may carry, if any.
In the event of any Claim, Licensee shall look solely to such insurance and/or any
other insurance carried by Licensee.
ACCESS AGREEMENT - Ninyo & Moore
ACCESS AGREEMENT
1. This Access Agreement is made as of April 105, 2009, between the
undersigned Licensor as owner of the premises (or as agent for or authorized
representative of such owner) described herein ('"Licensor") and Ninyo & Moore,
a<Mrefw57JlLRuniiLRo;;KL Sun .Diego. (."A l)2 1 23 (tax: ...H18-576:%Wj4fe )
("Licensee") in connection with conducting geotechnical borings along a potential
sewer line easement requested by the City of Carlsbad from Licensor at Licensor's
premises generally described as follows (the "Premises"): an area adjacent to an
existing main line sewer pipeline along the western edge of Licensor's tank farm
property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina
Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a
drawing provided by the City of Carlsbad to Licensor.
2. Licensor hereby grants to Licensee the right to enter onto the Premises
and conduct geotechnical borings in accordance with a Licensor approved work plan
to be submitted by Licensee to Licensor (the "Drilling Program").
3. Licensor is the owner of said Premises, and Licensor is fully authorized
to enter into this Access Agreement and has the right to grant Licensee the use of said
Premises and each and all of the rights herein granted and that no one else's
permission is required,
4. Licensor is providing access for the Drilling Program without
compensation at the request of, and as an accommodation to, the City of Carlsbad,
without conceding that any particular expansion of the existing sewer line easements
will be identified as a result of the Drilling Program.
5. Licensee shall leave said Premises in substantially as good condition as
when received by it, excepting reasonable wear and tear and use of said Premises for
the purposes herein permitted. Licensee shall dispose of any core drilling spoils in
accordance with applicable environmental rales and regulations. Licensee shall clean
any debris or rubbish left by its visitors on the Premises. Any property of Licensee
left on the Premises after clean-up and removal has occurred shall be considered
abandoned after thirty (30) days, and may be disposed of by Licensor, at its
discretion.
6. Licensee does hereby for itself and its legal representatives, successors
and assigns, agree to and hereby does expressly and fully release, indemnify, defend
and hold harmless Licensor and its affiliates and its and their respective agents,
representatives, members, employees, successors, assigns, officers, directors, and
representatives (collectively, "Licensor's Related Parties") from and against any and
all claims, suits, losses, damages, demands, causes of action and liabilities of any kind
i
ACCL'SS AGRfctMKNT Ntnvo & Moore
or character (including, but not limited to, attorneys' fees, costs of litigation and
investigation and other costs associated therewith) (collectively, "Claims") caused by
or arising out of or in any way incidental to or connected with the entry or presence of
Licensee or its affiliates or its or their agents, representatives, servants, employees,
contractors, customers, or invitees in, on or about the Premises, or their activities in
setting up scenery, equipment, sets, or use of any Premises equipment, whether
imposed by statute, rule or regulation or theory of strict liability and regardless of
cause or of the negligence or fault of Licensor and/or Licensor's Related Parties,
WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT,
COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED
PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER
EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S
RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR
AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to
not less than five million dollars ($5,000,000) or such greater amount as provided in
Licensee's general liability insurance policy. Licensee shall not be admitted to the
Premises without first providing evidence of general liability insurance naming
Licensor (Cabrillo Power I LLC, and its parent, NRG Energy, Inc.) and its site
operator, NRG Cabrillo Power Operations Inc., and their respective officers,
employees, contractors and agents, as additional insureds with limits of not less than
the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's
insurance department. Prior to proceeding with any activity which may involve risk
to persons or property, Licensee shall meet with Licensor's site safety representative
to review the proposed activity, and the safety measures to be employed during the
activity. Licensor may halt any further activity if Licensor's site safety representative
determines the activity to be unreasonably unsafe. Notwithstanding this requirement,
Licensee shall be solely responsible for any activities involving its Drilling Program,
and Licensee shall not request the use or operation of any Premises equipment by its
technicians or by any Licensor operating personnel or Licensor's contractors, and
Licensee shall be solely responsible for any accident or injury resulting from such
use, regardless of fault or cause. Licensee shall provide an insurance certificate to
Licensor which contains the provisions set forth in Exhibit A attached hereto and
incorporated by this reference,
7. THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND
LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID
STATE.
8. This Agreement is entered into as of the date indicated below, represents and
the entire agreement between the parties, and may be amended only in writing signed
by the parlies. If the safety officer for Licensor observes any unsafe practices, he may
terminate the license granted herein without further notice.
2
ACCRSS AGREEMENT - Nmvo & Moore
CABRILLO POWER I LLC
(Licensor)
NINYO & MOORE
(Licensee)
BY:
Authorized officer
By:
Its: Executive Director
ACCESS AGREEMENT - Ninvo & Moore
EXHIBIT A
Insurance Provisions
I. Insurance, Licensee agrees that it is ultimately responsible to ensure
that Licensee, its agents, representative, servants, employees, contractors, customers,
or invitees (collectively referred to as ''Licensee Related Parties" in this insurance
provision) who enter in, on, or about the Premises have, or shall have in place at the
time of such entry ("Date of Entry"), Commercial General Liability insurance,
including coverages for bodily injury liabilityt including death, personal injury..
property damage, premises/operations, products/completed operationspfeperty
ttomttge, independent contractor and-broad form contractual liability, separation of
insureds. and no exclusions for any oi'XC&U exposures, in support of Licensee's
indemnification hereunder, with per occurrence limits of not less than $5,000.000.00
(whether in a primary policy or a combination of primary and excess coversage).
written on an occurrence basis. Licensee Related Parties shall also maintain statutory
Workers' Compensation Insurance that extends coverage to anyone who enters in, on,
or about the Premises, including Employer's Liability limits of $1.000.000. If
vehicles will be operated in, on, or about the Premises by Licensee Related Parties,
Licensee shall maintain an Automobile Liability policy with a combined single limit
of $5,000,000,00 that will extend coverage to such Licensee Related Parties. All
insurance coverage maintained hereunder, shall be placed with companies, on forms
and in such amounts as Licensor may, from time to time, reasonably require, with the
premiums fully paid on or before the due dates. The Commercial General Liability
and Automobile Liability (if applicable) insurance policies_of Licensee Related
Parties shall be endorsed to include Licensor Reiated Parti.es aft44ter-affiHates as
additional insureds. The additional insured status on the General 1.lability insurance
policy shall extend to both ongoing and completed operations^The Workers'
Compensation policy maintained by Licensee shall contain a waiver of subrogation
clause in favor of Licensor jlglated Parties-and fe-affiliate-s. All policies of insurance
required to be maintained by Licensee Related Parties shall specifically provide that
Licensor shall be given at least thirty (30) days prior written notice of any
cancellation or nonrenewal of any such policy. A duly executed certificate of
insurance with respect to each such policy shall be deposited with Licensor on or
before the initial Date of Entry, and a duly executed certificate of insurance with
respect to each subsequent policy shall be deposited with Licensor at least thirty (30)
days prior to the expiration of the preceding such policy. All insurance policies
obtained by Licensee Related Parties hereunder shall be written as primary policies
(primary over any insurance carried by Licensor Related Particsawl/or-its affiliates),
not contributing with and not in excess of coverage which Licensor Related Parties
aad/eiHte-affiHates may carry, if any. In the event of any Claim, Licensee shall look
solely to such insurance and/or any other insurance can-led by Licensee.
ACCESS AGREEMENT - Ninyo & Moore
ACCESS AGREEMENT
1. This Access Agreement is made as of April 3, 2009, between the
undersigned Licensor as owner of the premises (or as agent for or authorized
representative of such owner) described herein ("Licensor") and Ninyo & Moore,
address (fax ) ("Licensee") in connection with conducting geotechnical borings
along a potential sewer line easement requested by the City of Carlsbad from
Licensor at Licensor's premises generally described as follows (the "Premises"): an
area adjacent to an existing main line sewer pipeline along the western edge of
Licensor's tank form property bordered by the 1-5 Freeway and the NCTD rail tracks
at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points
marked on a drawing provided by the City of Carlsbad to Licensor.
2. Licensor hereby grants to Licensee the right to enter onto the Premises
and conduct geotechnical borings in accordance with a Licensor approved work plan
to be submitted by Licensee to Licensor (the "Drilling Program").
3. Licensor is the owner of said Premises, and Licensor is fully authorized
to enter into this Access Agreement and has the right to grant Licensee the use of said
Premises and fetch and all of the rights herein granted and that no one else's
permission is required.
4. L icensor is providing access for the Drilling Program without
compensation at the request of, and as an accommodation to, the City of Carlsbad,
without conceding that any particular expansion of the existing sewer line easements
will be identified as a result of the Drilling Program.
.5. Licensee shall leave said Premises in substantially as good condition as
when received by it, excepting reasonable wear and tear and use of said Premises for
the purposes herein permitted. Licensee shall dispose of any core drilling spoils in
accordance with applicable environmental rules and regulations. Licensee shall clean
any debris or rubbish left by its visitors on the Premises. Any property of Licensee
left on the Premises after clean-up and removal has occurred shall be considered
abandoned after thirty (30) days, and may be disposed of by Licensor, at its
discretion.
6. Licensee does hereby for itself and its legal representatives, successors
and assigns, agree to and hereby does expressly and fully release, indemnify, defend
and hold harmless Licensor and its affiliates and its and their respective agents,
representatives, members, employees, successors, assigns, officers, directors, and
representatives (collectively, "Licensor's Related Parties") from and against any and
all claims, suits, losses, damages, demands, causes of action and liabilities of any kind
or character (including, but not limited to, attorneys' fees, costs of litigation and
i
ACCESS AGREEMENT - Ninyo & Moore
investigation and other costs associated therewith) (collectively, "Claims") caused by
or arising out of or in any way incidental to or connected with the entry or presence of
Licensee or its affiliates or its or their agents, representatives, servants, employees,
contractors, customers, or invitees in, on or about the Premises, or their activities in
setting up scenery, equipment, sets, or use of any Premises equipment, whether
imposed by statute, rule or regulation or theory of strict liability and regardless of
cause or of the negligence or fault of Licensor and/or Licensor's Related Parties,
WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT,
COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED
PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER
EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S
RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR
AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to
not less than live million dollars ($5,000,000) or such greater amount as provided in
Licensee's general liability insurance policy. Licensee shall not be admitted to the
Premises without first providing evidence of general liability insurance naming
Licensor (Cabrillo Power 1 LLC, and its parent, NRG Energy, Inc.) and its site
operator, NRG Cabrillo Power Operations Inc., and their respective officers,
employees, contractors and agents, as additional insureds with limits of not less than
the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's
insurance department. Prior to proceeding with any activity which may involve risk
to persons or property, Licensee shall meet with Licensor's site safety representative
to review the proposed activity, and the safety measures to be employed during the
activity. Licensor may halt any further activity if Licensor's site safety representative
determines the activity to be unreasonably unsafe. Notwithstanding this requirement,
Licensee shall be solely responsible for any activities involving its Drilling Program,
and Licensee shall not request the use or operation of any Premises equipment by its
technicians or by any Licensor operating personnel or Licensor's contractors, and
Licensee shall be solely responsible for any accident or injury resulting from such
use, regardless of fault or cause. Licensee shall provide an insurance certificate to
Licensor which contains the provisions set forth in Exhibit A attached hereto and
incorporated by this reference.
7. THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND
LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID
STATE.
8. This Agreement is entered into as of the date indicated below, represents and
the entire agreement between the parlies, and may be amended only in writing signed
by the parties. I fine safety officer for Licensor observes any unsafe practices, he may
terminate the license granted herein without further notice.
ACCESS AGREEMENT - Ninyo & Moore
CABRILLO POWER I LLC NINYO & MOORE
(Licensor) (Licensee)
BY: By:
Authorized officer Gregory T. Farrund, CEO
Principal Geologist
ACCESS AGREEMENT - Ninvo & Moore
EXHIBIT A
Insurance Provisions
1. Insurance. Licensee agrees that it is ultimately responsible to ensure
that Licensee, its agents, representative, servants, employees, contractors, customers,
or invitees (collectively referred to as "Licensee Related Parties" in this insurance
provision) who enter in, on, or about the Premises have, or shall have in place at the
time of such entry ("Date of Entry"), Commercial General Liability insurance,
including coverages for bodily injury liability, premises/operation, property damage,
independent contractors and broad form contractual liability in support of Licensee's
indemnification hereunder, with per occurrence limits of not less than $5,000,000.00
(whether in a primary policy or a combination of primary and excess coversage).
Licensee Related Parties shall also maintain statutory Workers' Compensation
Insurance that extends coverage to anyone who enters in, on, or about the Premises.
If vehicles will be operated in, on, or about the Premises by Licensee Related Parties,
Licensee shall maintain an Automobile Liability policy with a combined single limit
of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All
insurance coverage maintained hereunder. shall be placed with companies, on forms
and in such amounts as Licensor may, from time to time, reasonably require, with the
premiums fully paid on or before the due elates. The Commercial General Liability
and Automobile Liability (if applicable) insurance policies shall be endorsed to
include Licensor and its affiliates as additional insureds. The Workers'
Compensation policy maintained by Licensee shall contain a waiver of subrogation
clause in favor of Licensor and its affiliates, All policies of insurance required to be
maintained by Licensee Related Parties shall specifically provide that Licensor shall
be given at least thirty (30) days prior written notice of any cancellation or
nonrencwal of any such policy. A duly executed certificate of insurance with respect
to each such policy shall be deposited with Licensor on or before the initial Date of
Entry, and a duly executed certificate of insurance with respect to each subsequent
policy shall be deposited with Licensor at least thirty (30) days prior to the expiration
of the preceding such policy. All insurance policies obtained by Licensee Related
Parties hereunder shall be written as primary policies (primary over any insurance
carried by Licensor and/or its affiliates), not contributing with and not in excess of
coverage which Licensor and/or its affiliates may carry, if any. In the event of any
Claim. Licensee shall look solely to such insurance and/or any other insurance earned
by Licensee.
ACCI-SS AGREEMENT - Ninyo & Moore