Of duke energy frederick, llc for a certificate of public convenience and necessity to

IN THE MATTER OF THE APPLICATION

OF DUKE ENERGY FREDERICK, LLC

FOR A CERTIFICATE OF PUBLIC

CONVENIENCE AND NECESSITY TO

CONSTRUCT A 640MW GENERATING

FACILITY IN FREDERICK COUNTY, MARYLAND

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CASE NO. 8891

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MOTION TO INTERVENE BY THE VESTRY OF ST. PAUL’S EPISCOPAL PARISH

POINT OF ROCKS, MARYLAND
Pursuant to the Rules of the Public Service Commission of Maryland (“Commission” or “PSC”), the Vestry of St. Paul’s Episcopal Parish hereby files this Motion to Intervene in the above-captioned matter. In support of the motion, the Vestry of St. Paul’s states:
1. On June 18, 2001, Duke Energy Frederick, LLC filed an application for a Certificate of Public Convenience and Necessity (“CPCN”) to construct a 640 MW generating facility of electricity. The Facility’s primary power generation equipment will consist of: two F-Class advanced combustion turbines; two heat recovery steam generators equipped with duct firing capabilities; and one steam turbine arranged in a combined-cycle configuration to maximize plant efficiency. According to the Duke Energy Frederick, LLC case jacket to the Public Service Commission “the current design plans call for clean-buringing natural gas to serve as the Facility’s generation fuel source,” although the possibility of adding oil-backup capability is under consideration.
2. The proposed height of the plant will be approximately 161 feet. The plume from the stacks will, of course, be much higher and draw even greater attention to the plant.
3. The Vestry of St. Paul’s Episcopal Parish, the undersigned, is the owner of the historic church, church grounds and cemetery located at 1914 Ballenger Creek Road, Point of Rocks, Maryland. The church building is listed on the U. S. Department of Interior’s National Historic Register. The building was constructed in 1842 of bricks made on the premises. There is not only architectural significance to the building but an equally important cultural significance. There are two front doors to St. Paul’s, one of which was for the entry of African American worshipers, who immediately upon entering the church building, proceeded upstairs to the slave gallery on the second floor. St. Paul’s also served as a hospital during the Civil War. The

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Vestry at that time sued the United States Congress for damages done by the occupancy of Union troops and was awarded monitary damages. We believe that the proposed location of this power plant will adversely affect the viewshed of St. Paul’s and its historic rural setting and that toxic emissions from the plant could harm the church building itself
4. St. Paul’s Episcopal Parish may be contacted by mail at P. 0. Box 216, Point of Rocks, Maryland 21777.
5. Based on the above as described in items number 2 and 3, the Vestry of St. Paul’s Episcopal Parish, has substantial interests that are affected by the Duke Energy Frederick, LLC proposal to construct a power plant in Frederick County in close proximity to the Parish. These specific interests are not represented by any other party.

WHEREFORE, the Vestry of St. Paul’s Episcopal Parish, respectfully prays that we be permitted, by order of this Commission, to intervene in and be admitted as a party in this proceeding, with all the rights of a party as set forth in Sections 3-106 and 3-107 of the Public Utility Companies Code of Maryland.

Respectfully submitted,

Vestry of St. Paul’s Episcopal Parish

Point of Rocks, Maryland

Toni Lake, Senior Warden

.AUL~.