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Dynegy Northeast Generation, Inc. - Danskammer Generating Station (Issues Conference)

September 5, 2003

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ISSUES CONFERENCE

Applicant: Dynegy Northeast Generation, Inc., 992-994 River Road, Newburgh, NY 12550

Application Number: DEC Number 3-3346-00011/00002

Previous Notices: An Announcement of Public Comment Period, and Combined Notice of Complete Application and Legislative Public Hearing appeared in the Department's Environmental Notice Bulletin on June 25, 2003. The Announcement and Combined Notice provided details concerning the project description, the SEQRA status, a SHPA Determination, and Coastal Zone Management applicability.

Project Description: The pending application concerns the modification and renewal of the State Pollutant Discharge Elimination System (SPDES) permit for the Danskammer Generating Station (Danskammer). Applicant filed a renewal application pursuant to Environmental Conservation Law (ECL) §17-0823 and implementing regulations. In November 2002, DEC Staff initiated a modification of the previously filed renewal application for the SPDES permit.

NYS Environmental Conservation Law and Implementing Regulations: The subject SPDES permit application is being processed pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 70 (Uniform Procedures), and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR) Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), and Parts 750 et seq. (State Pollutant Discharge Elimination System).

Tentative DEC Staff Position and Document Availability: DEC Staff has prepared a draft permit and fact sheets. The draft SPDES permit, fact sheets and application materials are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

1) NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550. Contact: Administrative Law Judge Daniel P. O'Connell at (518) 402-9003;

2) NYSDEC Division of Environmental Permits, 625 Broadway, Fourth Floor, Albany, New York 12233-1750. Contact: Barbara Rinaldi, Project Manager, at (518) 402-9171; and

3) NYSDEC Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561. Contact: Mike Merriman or Margaret Duke at (845) 256-3054.

Legislative Public Hearing and Written Comment Period: Legislative hearing sessions were held at 2:00 p.m. and 7:00 p.m. on July 31, 2003 at the Newburgh Town Hall, 1496 Route 300, Newburgh, New York. The written comment period closed on August 11, 2003. All comments have been incorporated into the administrative record.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory hearing Issues Conference will be held at 10:00 A.M. on October 29 and 30, 2003, and as necessary on October 31, 2003, at the Newburgh Town Hall, 1496 Rt. 300, Newburgh, New York. The purpose of the Issues Conference will be to determine party status for any person who has properly filed a petition (as indicated below), and to narrow and define the scope of issues that will require adjudication. Participation at the Issues Conference will be limited to DEC Staff, Applicant, and those persons requesting party status.

Filing for Party Status: Persons seeking to participate in the Issues Conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. For the required contents of petitions for full party status see 6 NYCRR 624.5(b)(1 and 2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1 and 3).

All filings for party status must be received at the Department's Office of Hearings and Mediation Services by October 14, 2003. Send them to: Daniel P. O'Connell, Administrative Law Judge, Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, [telephone: (518) 402-9003]. Telefaxed petitions will not be accepted. Send copies at the same time and in the same manner to Department Staff' Counsel, Mark Sanza, Esq., Associate Counsel, Division of Legal Affairs, New York State Department of Environmental Conservation, 625 Broadway, 14th Floor, Albany, New York 12233-1500 [telephone: (518) 402-9184]; and to the Applicant's Counsel, Robert J. Alessi, Esq., LeBoeuf, Lamb, Greene & MacRae, LLP, 99 Washington Avenue, Albany, New York 12210-2820 [telephone: (518) 626-9400].

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
September 5, 2003

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