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HomeMy WebLinkAboutLNG Tank Replacement 3/20/25 1 1 _ b fi\ `� MAR 2 4 2025 .._ n- B l)ll-DING ids 'A R t" r tv t__ y Mark R Rielly Assistant General Counsel&Director nationaigrid MEMO TO: Building Commissioner Mark Grylls;Administrator Robert L.Whritenour,Jr. FROM: Mark Rielly DATE: March 20,2025 SUBJECT: Zoning Opinion re:LNG Tank Replacement, 127 White's Path This memo provides a legal opinion regarding the applicability of the Town of Yarmouth's Zoning Bylaw to the proposal of Boston Gas Company d/b/a National Grid ("National Grid"or the"Company")to replace its existing LNG tank(the"Replacement Project")at the National Grid-owned property located at 127 White's Path,South Yarmouth(the "Property"). The Company's South Yarmouth LNG plant(the"Plant")is an essential element of the natural gas distribution system that is needed to supply over 120,000 customers on Cape Cod. The existing 2.1-million-gallon(50,000 barrel)tank has operated safely and reliably for approximately 50 years; however,it is approaching the end of its useful life and,given the importance of the Plant to system reliability on the coldest winter days,it requires prompt attention by National Grid. The Replacement Project will involve the in-kind replacement of the existing LNG storage tank on the Property with a modern,full-containment tank design, consistent with industry safety features. In short,in two related orders the Department of Public Utilities(DPU)exempted the Plant and the Property from local zoning. Therefore,as detailed below,the Replacement Project will not require any local zoning relief or approvals. D.P.U.Zoning Exemptions On January 15, 1969. pursuant to its authority under G.L. Chapter 40A, Section 3.1the DPU issued an Order in Docket D.P.U. 15972 approving with conditions the petition of the Buzzards Bay Gas Company (BBGC),a predecessor operating company of National Grid,for(i) a zoning exemption, (ii)a determination that the manner and the pressures at which gas will be stored, transported and distributed in connection with the proposed LNG plant; and (iii) an exemption to allow a minimum distance to property lines of not less than 300 feet ("1969 Order"). In that docket,BBGC proposed to address"the additional peaking capacity necessary to meet the ever-increasing loads" by initially installing a single 63,000-gallon LNG storage tank t G.L.c.40A,section 3 provides in relevant part as follows: Lands or structures used,or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance or by-law iE upon petition of the corporation,the department of telecommunications and cable or the department of public utilities shall,after notice given pursuant to section eleven and public hearing in the town or city,determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. 1 cti‘ . S' '4"AM _ - • -+ . . • . • . • • • , . .• - • • . • • • •• 5 5 • 55, • . - • ••• • . , 1 • I • - - • • surrounded by an earthen dyke,a vaporizer,and a control building.BBGC anticipated needing to install a second tank within two years. It also proposed that in or about 1975 it would replace these tanks with an LNG processing plant and `'a 50,000 barrel or 185,000 MCF insulated and lined concrete storage vessel." The 1969 Order exempted not only the project proposed at that time(i.e..the construction of the existing facility),but also the Property as a whole: ORDERED: That the parcel af land in the tow-nofYannouth,Beu,stableComity, Massachusetts,located offthe southerly side of White's Path,approximately thirty- five hundred feet easterly of its intersection with Statio n Avenue in said town, substantially as shown ona planon file with the petitionentitled"PlanofLand in South Yarmouth,Massachusetts,Belonging to Buzzards Bay Gas Company Naming Abutters ofRecord and Showing LNGFacility Location-Date 11/9/68 Scale l in=10011."and further identified as Exhibit 3 at the hearing,but more hilly bounded anddescnbed as follows: [metes and bounds description and plan information omitted] and the liquefied natural gas processing,storage facilities and regasification equipment and related structures to be installed thereon and therein be and hereby are exempted from the operation of the zoning by law of the town of Yarmouth under the provisions of section 10 of Chapter 40A of the General Laws ofMassachusetts to the extent that they may be used for or in connection withthe processing.transpottation.liquthclion and regasification and storage of natural gas.(Emphasis added). The proposed tank replacement is intended to enable the continued use of the Property"for or in connection with the processing.transportation,liquefaction and regasificationandstorage ofnatural gas". Accordingly,the 1969 Order remains in full force and effect to exempt the Property from local zoning regulation.: BBGC subsequently petitioned to amend the 1969 Order and to be granted a new exemption because of necessary modifications to the facility, including the installation of two new 60,000-gallon propane storage tanks and the continued use of two existing satellite tanks for a limited period until construction of the larger concrete LNG tank could be completed. On November 5, 1971, the Department approved BBGC's petition by Order in Docket D.P.U. 15972A&B ("1971 Order').The 1971 Order similarly stated that the zoning exemption remained in effect so long as the Property and the facilities and structures on it were used for LNG storage, from local zoning regulation so long as it was used for the processing, transportation, liquefaction and regasification of LNG. In accordance with the DPU's 1969 and 1971 Orders,the Property and the LNG facilities located thereon continue to be exempt from local zoning regulation, meaning that the Project does not require any zoning approvals or relief that it would otherwise require. In granting the requested exemptions from Yarmouth zoning,the DPU imposed certain conditions,including that, "the minimum clear distance from the edge of any container shall not be less than three hundred feet to the nearest property line".and"[t]he total storage of[LNG]at no time shall exceed 50,000 or 185,000MCF".The Project will comply with these conditions. 2 Zoning Requirements In the absence of the zoning exemptions granted by the DPU,the Project likely would require a Special Permit from the Board of Appeals. leg Zoning Bylaw Use Table at§202.5(F8) (designating"Public Utility"uses as`BA",meaning that it is"Permitted only under a Special Permit issued by the Board of Appeals",for properties located in the B3 Business Zoning District).The tank might also require a dimensional variance for height as it is proposed to exceed 85 feet in height.greater than the 35-foot maximum height set forth in Section 203.4.2, Table of Maximum Building Height.3 The Company will secure all other necessary permits and approvals. Notably, the Company and its consultants have determined that the Replacement Project will not require any Federal or state environmental permits, including review pursuant to the Massachusetts Environmental Policy Act ("MEPA"). The Company will notify the DPU Division of Pipeline Safety, acting as the agent for the federal Pipeline and Hazardous Materials Safety Administration, at least 60 days before construction as required under 49 C.F.R. 191.22(c). The Project will be covered under the National Pollutant Discharge Elimination System("NPDES") Construction General Permit.Locally,the Company will secure stormwater permits and once the replacement tank is in-service, the Compam anticipates seeking a demolition permit from the Town pursuant to 780 C.M.R. 105(Demolition Permit). Conclusion The DPU's 1969 and 1971 Orders exempt the Plant and the Property from the Town of Yarmouth's zoning regulations for so long as"they may be used for of in connection with the processing,transportation.liquefaction and regasification and storage of natural gas".Because the Company will continue the use of the Property for those purposes,the DPU's Orders continue in full force and effect such that the Company does not require any local zoning relief or approvals for the Replacement Project. 3 The Replacement Project will not generate,treat,store or dispose of hazardous waste subject to M.G.L.c.21C and 310 CMR 30.000,and thus will comply with the Aquifer Protection Overlay regulations. See Zoning Bylaw,§ 406.4.1. 3 Pnrm UM 01,50M.4.71.049126. U�S11r Cnnmmnntwgalt1 n ia,5littrlrito rtt DEPARTMENT OF PUBLIC UTILITIES November..5,..1971 D.P.U. 15972A Petition of Buzzards Bay Gas Company for reopening of D.P.U. 15972 and for an ex- emption from operation of zoning by-laws of town of Yarmouth re construction of Propane Gas Plant in town of Yarmouth. D.P.U. 15972B Petition of Buzzards Bay Gas Company for reopening of D.P.U. 15972 and D.P.U. 15972A and for an exemption from operation of zoning by-laws of town of Yarmouth re con- struction of (LNG) and/or Propane Gas Plant. Appearances: Norman Mason, Esq. 50 Congress Street Boston, Massachusetts Attorney representing the Petitioner, Buzzards Bay Gas Company I .P.U. 15972A is a petition of the Buzzards Bay Gas under the provisions of section 10 Chapter 40A of the General Laws for a determination by the Department that the present and proposed situation of the parcel of land located on the south- erly side of White's Path approximately 3500 feet easterly of its intersection with Station Avenue and the Liquid Natural Gas (LNG) storage and related facilities in- cluding similar facilities for propane constructed and to be constructed therein and thereon are reasonably necessary for the convenience and welfare of the public and that said land, structures and gas processing and storage facilities be exempt- ed from the zoning by-law of the town of Yarmouth. D.P.U. 15972E is similar petition except that two additional propane stor- age tanks are involved and permission is requested to continue to use the two existing satellite (LNG) tanks for a limited period as permitted in D.P.U. 15972 dated January 15, 1969. Further, in both cases and under the provisions of section 105A of Chapter 2. 164 of said General Laws approval is requested of the manner in which and the pressures at which all gas will be stored, processed, transported and distributed in connection with the present and proposed (LNG) and propane facilities located on the site in question. The petitioner is a gas company as defined by Chapter 164 of the General saws and is a public service corporation providing gas service to the town of Yarmouth and several other towns in the Cape Cod area. In the case of D.P.U. 15972A a public hearing was held at the Leverett Saltonstall Building on August 3, 1971. A similar hearing was held at the same loeation on September 23, 1971 for A.P.U. 15972B. In both cases all parties in in- terest were given an opportunity to be heard and no one appeared in opposition. The estimated peak day send out for 1971-72 is estimated to be 34,900 MCF and will consist of 16,176 MCF of natural gas and 18,724 MCF of peak shaving gas. No additional pipeline gas will be available until 1973-4 when 3000 MCF/day of synthetic (Naptha) natural gas will be supplied by Algonquin Gas Transmission Com- pany. No further additional pipeline gas will be available for the foreseeable future. Peak load forecasts have nearly doubled since the 1968 hearing. The only gray this peak load can be supplied is by making available more propane and (LNG) which will require the addition of the storage tanks outlined herein. At the time of the D.P.U. 15972A hearing, it was anticipated that the petitioner's 50,000 barrel insulated and lined concrete storage vessel would be complete and in service and it was proposed that the two smaller (LNG) tanks be converted to propane storage. A similar concrete tank presently under construction in Rhode Island has developed cold spots on the walls of the structure due to con- traction. These cold spots were anticipated and have now been measured and the necessary changes in design have been made. However, it is too late now to com- plete the large tank for this heating season. Therefore the two small tanks must continue to be used for (LNG) storage this season but will hopefully be converted to propane storage before the 72-73 season. It has become necessary to install 3. two new propane storage tanks immediately and to continue to fill the existing satellite tanks with (LNG) to meet this season's peak. Due to the inability of the petitioner to purchase sufficient quantities of pipe line gas to meet its peak requirements for some time to come it will be necessary to install more propane storage and continue to use a mixture of propane and (LNG) on days of heavy demand. The petitioner, therefore, proposes to convert the two existing satellite tancs for additional propane storage upon completion of the larger cement tank in early 1972. This will require certain modification of piping systems and controls as well as the removal of the diLte and the leveling of the diked area. Tb provide peak shaving gas for this heating season (71-72) the petitioner proposes to install two new propane tanks on the site each with a water capacity of 60,000 gallons. They will be located in a separately fenced area about 150 feet from the nearest (LNG) tank. In addition there will be new propane unloading station and pump pad plus a propane air plant. The tanks will be 90 feet k 5/8 inches overall in length and 10 feet 11 7/8 inches in diameter. The heads will be made of SA-455-B steel and the shell of SA-515-(0 all having a thickness of 0.9375 inches. The tanks will be supported by curved concrete piers increasing the over- all height to 15 feet and painted white. The propane-air plant will consist of two units, a vaporizer housed in a fiber glass box-like pre-fabricated structure 14 feet in length 11 feet wide and 10 feet high. The body will be 5 feet in diameter and 12 feet in length with a 12 inch stack 18 feet in height above ground. The second building will be similar in design and construction, 18 X 11 X 10 feet high housing the 2 compressors, electrical control panels and related apparatus. Both buildings will be painted white with blue trim. Construction authorized in D.P.U. 15972 is in process according to plan. However, due to the short supply of pipeline gas, the date of construction for the liquefaction plant has not been set. Originally it was planned to mound the area around the large storage vessel. Present plans, however, provide for a berm of 4. similar height around this vessel. In additions initial plans provided a minimum distance of 300 feet from this .tank to the nearest property line. It is now pro- posed to reddee this distance to 237 feet on the side adjacent to the railroad right of way which is well within the limits of our present code. LNG is a relatively new field of cryogenic technology. This Department's first construction and maintenance standards were issued in 1965 and are presently being reviewed. New standards will be adopted in the near future. The petitioner is aware of this and agrees that when new code requirements indicate the need for improvement in its safety precautions, it will make such improvements. As previously stated the dike presently surrounding the two satellite tanks must be removed and the containment area filled before the tanks can be used for (LNG) at this location. Diking requirements in existence at that time must be complied with. All fire protection required in D.P.U. 159(2 will be installed and two dry type portable fire extinguishers will be added. Combustible gas detectors will be placed in the immediate area of the new storage vessel outlets and pumps to deter, any leakage of propane vapors. The site is presently in an industrial zone under the zoning by-laws of the town of Yarmouth and the use of the land for the purpose alleged is not permitted by said by-law. After notice, public hearings, investigation and consideration the Depart- ment hereby DECIDES that the situation of the parcel of land in question and the pro- posed facilities for the storage and processing of propane and the facilities for the linuefaction of natural gas and the storage and regasification of (LNG) and related equipment constructed or to be constructed or modified thereon and therein are reasonably necessary for the convenience and welfare of the public providing there is compliance with the provisions of this order. Accordingly, it is 5. ORDERED: That the parcel of land in the town of Yarmouth, Barnstable County, Massachusetts, located off the southerly side of White's Path, approxi- mately thirty-five hundred feet easterly of its intersection with Station Avenue in said town, substantially as shown on a plan on file with the petition entitled "Plan of Land in South Yarmouth, Massachusetts, belonging to Buzzards Bay Gas Com- pany Naming Abutters of Record and Showing LNG Facility Location - Date 11/9/68 Scale 1 in. = 100 ft." and further identified as Exhibit 3 at the original hear- ing, also shown on a land court plan entitled "Subdivision plan of land in South Yarmouth - Scale One hundred feet to an inch - Thomas E. Kelley, Surveyor - South Yarmouth, Massachusetts - November 30, 1970 and further identified as Exhibit 14 at the August 3, 1971 hearing, but more fully bounded and described as follows: EASTERLY by White's Path, a public way, Forty-five and 11/10Oths (45.11) feet; SOUTHEASTERLY by Lot 5 as shown on Plan hereinafter mentioned, Four Hundred Ninety-Two and 18/lOOths (492.18) feet; NORTHEASTERLY by said Lot 5, Four Hundred Fifty-three and 96/lOOths (493.96) feet; NORTHEASTERLY by land of Ken-Mac Realty Trust Six Hundred Ninety-eight and 16/100ths (698.16) feet; NORTHEASTERLY by land of Thomas E. Kelley, One Hundred Ninety-seven and 78/100ths (197.78) feet; SOUTHEASTERLY by land of Ken-Mac Realty Trust, Five Hundred Ninety-three and 69flOOths (593.69) NORTHEASTERLY again by said land of Ken-Mac Realty Trust Two Hundred Twenty-seven and 57/laOths (227.57) feet; NORTHWESTERLY again by said land of Ken-Mac Realty Trust Six Hundred Two and 71/lOOths (602.71) feet; EASTERLY by White's Path, a public way, one Hundred Seventeen and 58/lOOths (117.58); SOUTHEASTERLY by Lot 7, as shown on plan herein mentioned, Nine Hundred Twenty-four and 72/100ths (924.72) feet; SOUTHWESTERLY by land of the Trustees of The New York, New Haven and Hartford Railroad Company, One Thousand Seven Hundred Forty-seven and 4/100ths (1,747.04) feet and NORTHWESTERLY by land of Alice B. Davis One Thousand Two Hundred Forty- eight and 59/100ths (1,248.59) feet; 6. and containing twenty-nine acre© more or less and the liquefied natural gas pro- cessing, storage facilities and regasification equipment, the storage and process- ing facilities for propane and all related structures to be installed and presently installed thereon and therein be and hereby are exempted from the operation of the zoning by-law of the town of Yarmouth under the provisions of section 10 of Chapter 40A of the General Laws of Massachusetts to the extent that they may be used for or in connection with the processing, transportation, liquefaction and regasifica- tioA and storage of liquefied natural gas, and the storage, processing and use of propane, subject, however, to the following restrictions and conditions: A. That the proposed facilities shall be constructed in accordance with all the requirements of Massachusetts Department of Public Utilities Order 11725-E. B. That fire protection equipment shall be satisfactory to the Department. C. That gas leakage detection devices shall be satisfactory to the De- partment. D. That the site shall be suitably landscaped in a manner to be approved by the Department and that a tree belt around the perimeter of the property be maintained. E. The emission of contaminants from the exhaust stacks shall not exceed 5 ppm of the following: Sulphur Dioxide (SO2), Ethylene (CH2CH2) and Aldehydes (HCHO & CHO). The ambient air at the property line shall not contain More than the following quantities of contaminants: Contaminants Air Quality Criteria mission Limitations Sulphur dioxide 0.22 ppm 1 graWsee. (SO2) Ethylene 0.1 ppm 0.5 gram/sec. (CH2CH2) Aldehydes 0.22 ppm 1.25 gram/sec. (CHO) as formaldehydea (HCHO) 7. F. Notice in writing shaL g vnn t the i,ief Engineer )f the Depart- ment not less than forty-eight hours before the start of construction or installa- tion of the first container and related facilities, the second container and relat- ed facilities and the liquefaction plant, auxiliary equipment and storage vessels and all other facilities authorized herein, and no change in design, size or loca- tion of any of the proposed storage and processing facilities shall be made with- out the approval of the Department. G. The total storage of liquefied natural gas at no time shall exceed 50,000 barrels or 185,000 MCF except to the extent authorized by the Department after notice and hearing. H. The total storage of liquid propane and ethylene for processing (LNG) shall not exceed 9,000 gallons in each tank except to the extent authorized by the Department. I. The total storage of propane for peak shaving purposes shall not ex- ceed 200,200 gallons except to the extent authorized by the Department after notice and hearing. J. Sound levels at the petitioner's property line shall not exceed 65 dB on the A weighted scale (as prescribed by the USA Standards Institute) at any time. The Department may, however, modify the sound levels from time to time. K. When using (LNG) tanks for propane storage all dikes related to that vessel or vessels shall be removed and containment areas filled. By order of the Department /s/ FRANCIS J. HICKEY, JR. Secretary A true copy Attest: Secretary Form UM 03. 80M-I0-67.94605Z fir (immntnnuurttltil f i'{: assarilnwr#t, DEPARTMENT OF PUBLIC UTILITIES ....January 15, 1969 D.P.U. 15972 Petition of the Buzzards Bay Gas Company pursuant to the provisions of section 10 of Chapter 40A and section 105A of Chapter 164 of the General Laws for a determination by the Department that it is reason- ably necessary for the convenience and welfare of the public that a certain parcel of land located by White's Path, owned by said-Buzzards Bay Gas Company in the town of Yarmouth, and more specifically the facilities to be constructed thereon and therein, including a liquefied natural gas (LNG) container, be exempt from the operation of the zoning by laws of the town of Yarmouth. The petitioner further seeks a de- termination by the Department that said LNG facilities proposed to be erected thereon and therein are wholly proper and appropriate and that said proposed structures and land are to be used in connection with the petitioner's business of transmission, distribution, manufacture and modification of gas. Appearances : George I. Mulhern, (Palmer, Dodge, Gardner and Bradford) , 53 State Street, Boston, for the Petitioner. The Buzzards Bay Gas Company filed a petition with the Department on September 26 , 1968 , requesting: (a) Under the provisions of section 10 of Chapter 40A of the General Laws, a determination that the proposed situation of a parcel of land on the southerly side of White 's Path, approximately 3500 feet easterly of its• intersection with Station Avenue and the Liquid Natural Gas Facilities (LNG) and related facilities to be con- structed thereon and therein are reasonably necessary for the public convenience and welfare and that said land, structures and gas facili- ties be exempted from the zoning by laws of the' town of Yarmouth 2 . (b) Under the provisions of section 105A of Chapter 164 of said General Laws , approval of the manner in which and the pres- sures at which gas will be stored, transported and distributed in connection with the proposed LNG plant (c) Under the provisions of paragraph 3 of the Department's order D.P.U. 11725-C dated February 15, 1967 , an exemption from sec- tion 864.361(b) of said order to allow a minimum distance to property line of not less than 300 feet. The petitioner is a gas company as defined by Chapter 164 of the General Laws and is a public service corporation providing gas service to the town of Yarmouth and several other towns in the Cape Cod area. On the above matter a public hearing was held at the State Office Building at 100 Cambridge Street, Poston, Massachusetts, on November 18, 1968, at which time all parties in interest were given an opportunity to be heard and no one appeared in opposition. The Buzzards Bay Gas Company is principally supplied by the Algonquin Gas Transmission Company at two locations in Bourne° one designated as the Bourne station, the other, the Sagamore station. In addition, peak shaving propane plants are located at Chatham, Hyannis and the Cataumet section of Bourne. The peak shaving capabilities of the Cataumet plant are 3 ,000 ,MCF per day, the Hyannis plant, 1,500 MCF and the Chatham plant 1,000 MCF providing a combined peak shaving capability of 5,500 MCF per day. The 1967-1968 peak day send-out was 20 ,776 MCF and it is estimated that by the 1977-1978 season, the peak day will be 35 ,000 MCF. Customer growth this year has been far beyond company expecta- tions in the house heating category where 1,400 additional customers 3. were added. In addition, Otis Air Force Base has requested a supply of gas on a firm basis and their demand is estimated at 480 MCF per day. Testimony presented at the hearing indicated that the Algonquin Gas Transmission Company is unable to supply additional firm or winter service gas. Penalty gas is available. However, it is expensive and would create an economic burden on the company which could also have an adverse effect on the rate schedule. Growth on the Cape has been concentrated in the Barnstable- Yarmouth-Dennis area, being principally in Yarmouth . Building con- struction still continues very heavy in this area and the proposed site was selected because of its strategic location at the system. load center, its roximity to the petitioner's main feeder line and acces- sibility to the Mid-Cape highway. Engineering studies have determined that the additional peaking capacity necessary to meet the ever-increasing loads can best be provided by the introduction of an LNG storage and production facility at or near the load center. The proposed site is comprised of 29 acres of wooded un- developed land located about 200 feet off White 's Path and northerly of, but contiguous to, The New York, Mew Haven and Hartford Railroad Company right of way. The nearest existing building north of the rail- road right of way is 1,000 feet from the site : southwesterly of this right of way there is a residence 300 feet from the petitioner's propert: line. In 1962 this property and the abutting property were zoned for industry or commercial development and the site presently is in an in- dustrial zone under the zoning by laws of the town of Yarmouth but the use of the land for the purposes alleged. is not permitted by said by law. 4. Initially, the company proposes to install a single 63 ,000 gallon liquefied natural gas storage tank and vaporizer on the site. This facility will be comprised of an inner tank of 3/8° stainless steel 10 °-10" in diameter and 90 '-6r in length with 12" of Perlite insulation between the inner and outer vessel. The outer tank will be made of 3/8" steel with an over all diameter of 13 ' and an overall length of 92 '-6" and there will be a vacuum of 50 microns between the inner and outer vessels. The tank will be surrounded by a diked area 98' x 138 ° . An earthen dike two feet in height will surround the area. The reservoir will be generally three feet in depth with the sides having a three to one slope and slightly pitched to one end. Provision will be made for the installation of a second similar tank when required and the tanks will be symmetrically located, separated by a dike within this area. The tanks will be supported by cryogenic concrete bunkers one foot by eight feet and approximately eight feet in height. The second tank will be installed within two years. Four 30 ,000 MCP per hour ambient vaporizers will be located between the two tanks. They will be eight and one half feet by seven and one half feet and ten and one half feet in height each and mounted on concrete piers. Fire protection for this installation will be provided by two 2 ,000 pound dry chemical assemblies , one on either side of the diked area. in close proximity to the chemical containers will be installed ultra- violet flame detectors so located as to monitor the diked area in event of a flame. These detectors will send signals via telephone circuits to the company's control center and the local fire department. 5. Both locations are manned at all times. In addition, in the area in front of the tank, where all the controls and loading facilities are located, a thirty pound dry chemical cylinder will be installed. This installation will operate automatically in the event of a fire at this location. Facilities will be provided for fire control outside the diked area by conventional fire hydrants connected to the town system. A ranch type control building will be erected on the side one hundred ten feet beyond the diked area. It will be twenty-two feet by forty feet and approximately sixteen feet in height, constructed of concrete blocks. The roof will be made of fire proof material and designed to lift in the event of an explosion. It will house heat ex- changers, orifice meters, control valves , boiler and related apparatus. The boiler will be housed in a section of this building isolated from the control room by a solid fire wall. The station will be normally unattended; however, it will be under supervisory control at all times from the company's Hyannis or Cataumet control center. The control building will be surrounded by a chain link fence entirely independent of the fence enclosing the diked area. All trees and underbrush will be cleared and kept cleared for at least one hundred feet beyond the perimeter of the diked area. All remaining trees will be retained to provide a screen to abutting property. Liquefied natural gas will be brought in by truck and stored in these tanks for use on peak days. t7hen required, the ambient vaporizers will convert the liquefied gas to a vapor at the proper temperature and pressure and it will enter the company's ten inch 6. high pressure main on T?hite °s Path via a new eight inch gas main. About 1975 , the company proposes to install an LNG proces- sing plant and concrete storage container on this site. When completed, this will replace the existing storage facilities and all existing equipment except the control building will be removed. This installation will consist of a 50,000 barrel or 185 ,000 PZCF insulated and lined concrete storage vessel. It will be approx- imately fifty-eight feet in height with base recessed in ground ap- proximately ten feet and the top of the dome will be forty-eight feet above the surrounding terrain. The storage vessel will be surrounded by an earthen berm approximately thirty feet in height leaving only the dome visible above this man-made hill. The tank will be ninety- seven feet in diameter and located approximately one hundred feet to the east of the original storage tanks. The company proposes to use the Cascade Liquefaction process for refrigeration of the natural gas. The equipment consists of com - pressors , heat exchangers, storage vessels for the propane and ethylene used in the liquefaction process. The main building will be of Colonial design, T-shaped, with the short section being thirty feet by forty feet by eighteen feet in height and the main section forty feet by ninety feet by twenty-four feet in height. All LNG controls will be located in the short section and eventually the entire system will be controlled from this location. The main section will house the compressors and auxiliary equipment. Located directly behind and to the east of the main section will be the cold box , cooling tower, heat exchangers, propane and ethylene storage tanks. The cold box will be ten feet by ten feet and twenty-six feet in height, extending slightly 7, above the roof of the main building. The propane and ethylene tanks will have a capacity of 9 ,000 gallons each. The propane tank will be installed horizontally and will be seven feet in diameter and twenty- eight feet in length. The ethylene tank will be installed vertically and will be twelve feet in diameter and twenty-two feet in height and will be insulated. The flare stack will be located northeasterly of the main building and will be fifty-three f-et in height. There will be three vaporizers of 40 ,000 MCF capacity, each having a discharge pressure of 200 psig and having an over all length of twenty-four feet, a width of eight feet six inches and a height of thirteen feet with the stacks extending three feet above the tanks and will be located between the main building and the storage tank. Receiving and shipping facilities for LNG will be provided for both the initial and final installations and will be located out- side the diked area. The original fire fighting equipment and protective devices will be relocated to properly protect the new equipment and in addition a new thirty pound automatic dry chemical system will be installed in the control house with total flood nozzles. The petitioner has agreed to establish a periodic maintenance program to ensure satisfactory operating condition of all fire protective devices. Although the plant will be fully automated with supervisory control, there will be an operator on duty at the plant at all times. The site will be landscaped and posted to prevent hunting and the entrance will be provided with a locked gate to prevent access by unauthorized persons. 8 . The installation of liquefaction and storage facilities at this location will provide the entire Cape area with an independent source of supply capable of sustaining the entire company system load for an entire week during the peak season and, in addition, it will provide the company with adequate natural gas peak shaving facilities for the foreseeable future. The use of naturalgas for peak shaving purposes will reduce or eliminate the many service problems associated with the use of liquid propane gas. After notice , public hearing, investigation and considera- tion, the Department hereby DECIDES that the situation of the parcel of land in question and the proposed facilities for the liquefaction, storage and regasi- fication of natural gas and the related structures proposed to be con- structed or installed thereon by the Buzzards Bay Gas Company are reasonably necessary for the convenience and welfare of the public pro- vided there is compliance with the provisions of the order. Accordingly, it is ORDERED: That the parcel of land in the town of Yarmouth, Barnstable County, Massachusetts, located off the southerly side of White 's Path, approximately thirty-five hundred feet easterly of its intersection with Station Avenue in said town, substantially as shown on a plan on file with the petition entitled 'Plan of Land in South Yarmouth, Massachusetts , Belonging to Buzzards Bay Gas Company Naming Abutters of Record and Showing LNG Facility Location - Date 11/9/68 Scale 1 in. = 100 ft. " and further identified as Exhibit 3 at the hearing, but more fully bounded and described as follows 9. EASTERLY by White 's Path, a public way, Forty-five and 11/100th.s (45. 11) feet SOUTHEASTERLY by Lot 5 as shown on Plan hereinafter mention- ed, Four Hundred Ninety-two and 18/100ths (492.18) feet; NORTHEASTERLY by said Lot 5 , Four Hundred Fifty-three and 96/100ths (453.96) feet- NORTHEASTERLY by land of Ken-Mac realty Trust Six Hun- dred Ninety-eight and 16/100ths (698.16) feet NORTHEASTERLY by land of Thomas F. Kelley, One Hundred Ninety-seven and 78/lOOths (197.78) feet; SOUTHEASTERLY by land of Ken-Mac Realty Trust, Five Hun- dred Ninety-three and 69/100ths (593.69) feet; NORTHEASTERLY again by said land of Ken-Mac Realty Trust Two Hundred Twenty-seven and 57/lOOths (227.57) feet; NORTHWESTERLY again by said land of Ken-Mac Realty Trust Six Hundred Two and 71/100ths (602.71) feet; EASTERLY by White 's Path, a public way, One Hundred Seventeen and 58/10Oths (117.58) ; SOUTHEASTERLY by Lot 7 , as shown on plan herein mentioned, Nine Hundred Twenty-four and 72/10Oths (924.72) feet; SOUTHWESTERLY by land of the Trustees of The New York, New Haven and Hartford Railroad Company, One Thousand Seven Hundred Forty-seven and 4/lOOths (1,747.04) feet; and NORTHWESTERLY by land of Alice B. Davis One Thousand Two Hundred Forty-eight and 59/100ths (1 ,248.59) feet, and containing twenty-nine acres more or less and the liquefied natural gas processing, storage facilities and regasification equipment and related structures to be installed thereon and therein be and hereby are exempted from the operation of the zoning by law of the town of Yarmouth under theprovisions of section 10 of Chapter 40A of the General Laws of Massachusetts to the extent that they may be used for 10. or in connection with the processing, transportation , liquefaction and regasification and storage of natural gas , subject, however, to the following restrictions and conditions; A. That the proposed facilities shall be constructed in accordance with all the requirements of Section II of Massachusetts Department of Public Utilities order 11725-C of February 15 , 1967 , except that the minimum clear distance from the edge of any container shall be not less than three hundred feet to the nearest property line. B. That fire protection equipment shall be satisfactory to the Department. C. That gas leakage detection devices shall be satis- factory to the Department. D. That the site shall be suitably landscaped in a manner to be approved by the Department and that a tree belt around the perimeter of the property be maintained. E. The emission of contaminants from the exhaust stacks shall not exceed 5 ppm of the following; Sulphur Dioxide (SO2) , Ethylene (CH2CH2) and Aldehydes (HCHO & CHO) . The ambient air at the property line shall not contain more than the following quantities of contaminants ; Contaminants Air Quality Criteria Emission Limita- tions Sulphur dioxide 0.22 ppm 1 gram/sec. (SO2) Ethylene 0. 1 ppm 0.5 gram/sec. (CH2CH2) Aldehydes 0, 22 ppm 1.25 gram/sec. (Cub) as formaldehydes (HCHO) 11. F. Notice in writing shall be given to the Chief Engineer of the Department not less than forty-eight hours before the start of construction or installation of the first container and related fa- cilities, the second container and related facilities and the lique- faction plant, auxiliary equipment and storage vessels , an.d no change in the design, size or location of the proposed storage and processing facilities shall be made without the approval of the Department. G. The total storage of liquefied natural gas at no time shall exceed 50 ,000 barrels or 185 ,000 MCF except to the extent author- ized by the Department after notice and hearing. H. The total storage of liquid propane and ethylene shall not exceed 9 ,000 gallons in each tank except to the extent authorized by the Department. I. Sound levels at the petitioner's property line shall not exceed 65 dB on the A weighted scale (as prescribed by the USA Standards Institute) at any time. The Department may, however, modify the sound levels from time to time. And it is FURTHER ORDERED That the Department FINDS that the manner in which and the pressure at which gas is to be transported and dis- tributed to and from and processed and stored at the proposed liquefied natural gas processing and storage facility, are proper and appropriate 12, in the circumstances and are hereby approved. Ey order of t?^e Department, (signed) FRANCIS J. HICKEY, Jr. Secretary A true copy Attes r' i& Secret ry Appeal as to matters of law from any final decision, order or ruling of the commission may be taken to the Supreme Judicial Court by an aggrieved party in interest by the filing of a written petition pray- ing that the order of the Commission be modified or set aside in whole or in part. Such petition for appeal shall be filed with the secretary of the com- mission within twenty days after the date of the decision, order or ruling of the commission or within such further time as the commission may allow upon request filed prior to the expiration of the twenty days after said decision, order or ruling. (Sec. 5, Chap. 25, G.L. Ter. Ed. ) . Mark R.Rielly • Asst.General Counsel&Director nationalgrid via email April 17, 2025 Mark Grylls, Director of Inspectional Services/Building Commissioner Robert Whritenour, Town Administrator Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 Re:National Grid LNG Tank Replacement Project Dear Commissioner Grylls &Administrator Whritenour: I am writing on behalf of Boston Gas Company d/b/a National Grid ("National Grid"or the"Company")regarding the liquified natural gas ("LNG")tank replacement project(the "Project")that the Company plans to undertake at the site of the existing tank on Company- owned property at 127 White's Path, South Yarmouth, MA (the "Property"). At the Town's request,the Company provided a legal opinion that the Project did not require local zoning approval because the facility as well as the entire Property were exempted from local zoning by order of the Department of Public Utilities(DPU) in 1968 and 1971 pursuant to G.L. c. 40A, § 10.1 The Company subsequently provided copies of those DPU orders. Town Counsel responded as follows: I find this dubious. While I see it as likely that they will get an exemption from DPU, I believe they need to apply for it. The original exemption cannot reasonably be read to exclude all future permitting and the statute (and history in this matter)contemplate separate applications for each new requirement for an exemption. Mark: This [i.e.,the DPU orders] does nothing to alter my original position. In fact,these decisions are for very specific installations. The second one also expressly notes certain limitations on the size of tanks so if they are now exceeding that,they need further relief. In my opinion,they need to go back to DPU again to get an amended decision. Since I have not been provided with Town Counsel's name or contact information and he has not contacted me directly, I write to provide the Town and Town Counsel with additional relevant information about the Project and to respond specifically to Town Counsel's opinions. Accordingly, I ask that you please pass this on to Town Counsel. ' G.L.c.40A,§ 10 is the predecessor of G.L.c.40A, §3. 170 Data Drive,Waltham,MA 02451 T:781-902-4208 ■ C:781-589-0283 • Mark.Rielly@nationalgrid.corn • www.nationalgrid.com Mark Grylls, Director of Inspectional Services/Building Commissioner Robert Whritenour,Town Administrator April 17,2025 Page 2 I. Project Need and Background The South Yarmouth LNG plant(the"Plant") is an essential element of the natural gas distribution system that is needed to supply over 120,000 customers on Cape Cod. The existing tank has operated safely and reliably for approximately 50 years; however,the Company's assessments of the tank condition reveals that it is rapidly approaching the end of its useful life. Given the importance of the Plant to system reliability on the coldest winter days,National Grid must replace the tank. The Project represents a straightforward maintenance and replacement activity that is proposed to continue safe and reliable service from the Plant. The Project consists of the necessary"like-for-like" in-kind replacement of the existing LNG tank(other than using improved, industry-standard versions of the same equipment). In light of Town Counsel's opinion that"if they are now exceeding that,they need further relief" from the DPU, it is important to highlight that the new tank will not increase the LNG storage capacity at the Property; in fact,the capacity will be decreased by approximately 20%(2.1 M gallons to 1.7 M gallons). II. Neither the Statute nor the DPU Orders Require the Company to Petition the DPU to Amend or Obtain New Zoning Exemptions. Town Counsel opines that"[t]he original exemption cannot reasonably be read to exclude all future permitting and the statute(and history in this matter)contemplate separate applications for each new requirement for an exemption."This view is incorrect for several reasons. First,the operative statue, G.L. c. 40A, § 3, grants the DPU broad authority to exempt both"lands or structures" from local zoning. In this case, it is undisputable that the DPU exercised its authority in both respects; it exempted the LNG and propane facilities proposed at the time and also the entire approximately 29-acre Property. Second,the DPU expressly stated that its zoning exemption decision would remain in effect"to the extent that they may be used for or in connection with the processing, transportation, liquefaction and regasification and storage of natural gas". This sentence makes absolutely clear that the DPU did not intend for the exemption to apply only to the operation of the current LNG Plant. The current Project merely replaces an asset; it does not change the LNG use of the Property or the Plant. Third,the DPU did not impose a condition that directed the Company to return to the DPU to amend its decision when the Company replaced,modified, or modernized the facility over time. In that regard, while the DPU decision imposes many conditions on its grant of the exemption of the Plant, only one exemption relates to the Property itself—that it continue to be used for LNG purposes. This is a condition with which the Company's Project clearly complies. The only reason why the Company might need to seek an amended or a new exemption would be if the Company exceeded the storage limits imposed by the DPU or if the Company proposed a project that would not"be used for or in connection with the processing,transportation, liquefaction and regasification and storage of natural gas." Mark Grylls, Director of Inspectional Services/Building Commissioner Robert Whritenour,Town Administrator April 17, 2025 Page 3 The DPU's 1971 Order bears out this interpretation of the DPU's Orders. The Company petitioned the DPU again because it proposed to add more propane storage than the 1969 Order allowed. Specifically,to provide peak shaving gas for the 1971-72 heating season,the Company proposed to install two additional propane tanks for a total of 60,000 gallons. That exceeded the total propane storage of 9,000 gallons that the DPU allowed under Condition H of its 1969 Order. Thus,the Company returned to the DPU not merely because it proposed to add new equipment to the Plant, but only because it would exceed the storage limitations previously imposed by the DPU. By contrast,the Company now proposes to reduce the total LNG storage capacity on site. Lastly,the fact that the DPU Orders are over 50 years old is irrelevant. As noted above, only one condition was placed on the exemption of the Property -that it continue to be used for LNG purposes.No conditions established any time limitations or ownership constraints. It bears recognizing that National Grid, Eversource and other utilities own and operate a host of old assets and facilities, many of which are subject to DPU zoning exemptions. For instance,the DPU routinely granted zoning exemptions for electrical transmission lines when they were originally constructed in the 1950s and 1960s. When the Company refurbishes those lines,which it does regularly and which often involve the replacement of hundreds of structures from wood to steel,the Company does not need to petition the DPU to amend its original zoning exemption order. Similarly here,the replacement of an old asset does not trigger the need for a new zoning exemption (unless, as discussed,there is an exceedance of condition or limitation). There is no support or precedent for the proposition that the replacement of a utility asset that has been granted an exemption by the DPU for both the facility(here the LNG Plant) and the Property requires a further exemption or other form of zoning relief by virtue of replacing that facility at the end of its useful life. In closing, I hope that this letter helps to explain why the replacement of an existing Plant asset is exempt from local zoning and why the Company is not required to return to the EFSB for any further exemption or to amend the existing exemptions. I ask that the Town or Town Counsel respond to this letter so the Company knows what the Town's position is on this issue. In the meantime, please do not hesitate to reach out if you have any questions or would like to discuss further. Yours truly, Mark R. Rielly Assistant General Counsel National Grid Service Company Inc. cc: Brendan Maloney,Project Manager,NG Bill Ciocca, Community Manager,NG og YAK TOWN OF YARMOUTH o.k Office of the Building Commissioner •' 1146 Route 28, South Yarmouth, MA 02664 - y/ MATM TA TACNEESE 508-398-2231 ext. 1260 Fax 508-398-0836 /+' •` "c; 0.''PORATE0 Mr. William Ciocca May 16, 2025 Community Engagement Manager National Grid Re: LNG Tank Replacement Dear Mr Ciocca, Thank you for your patience while the details of the proposed project were under review. While it is understood how important this project is to the Town of Yarmouth as well as Cape Cod,a thorough review was required to start the project on the right foot. I have reviewed the original D.P.U. decision #15972, Jan. 15, 1969, and decisions #15972A and #15972B dated Nov. 5, 1971. I have also reviewed the legal opinion dated April 17, 2025, by Asst. General Counsel Mark R. Rielly. I have also had communication with Town Counsel and have come to the conclusion that at a minimum, a modification of the existing order(s) will be necessary to replace the LNG tank. Absent any modification to existing decisions or a new decision from the Department of Public Utilities, a Special Permit will be required from the Town of Yarmouth Zoning Board of Appeals as required by Table 202.5. Use F8. Alternatively,you may appeal this order to the Zoning Board of Appeals as allowed by MGL c.40a §7 & §15. I am available for any questions you may have. Very truly, Mark Grylls Director of Inspectional Services/ Building Commissioner C:Town Counsel Robert Whritenour—Town Administrator • 127 Whites Path South Yarmouth,MA 02664 nation a l g r i d William Ciocca Manager,Community&Customer Management T:(508)760-7434 william.ciocca@nationalgrid.com M:(508)726-0197 www.nationalgrid.com F:(508)394-5019