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Central Hudson Gas and Electric Corp. (Extension)

May 2, 2000

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
NOTICE OF EXTENSION OF COMMENT PERIOD

APPLICANTS: Central Hudson Gas and Electric Corp., 284 South Avenue, Poughkeepsie, New York 12601-4838; Consolidated Edison Company of New York, Inc., 4 Irving Place, New York, New York 10003-3502; New York Power Authority, 123 Main Street, White Plains, New York 10601; and Southern Energy Bowline, LLC, 900 Ashwood Parkway, Atlanta, Georgia 30338 (Application Nos. 3-3346-00075/00001, 3-5522-00011/00004, and 3-3922-00003/00003).

PROJECT: The Applicants applied on or about April 20, 1992 for renewals of their State Pollutant Discharge Elimination System permits for the following power plants: Roseton Electric Generating Facility Units 1 and 2, Indian Point Electric Generating Facility Units 2 and 3, and Bowline Point Electric Generating Facility Units 1 and 2.

For the Roseton Electric Generating Facility Units 1 and 2, Central Hudson Gas and Electric Corp. proposes to continue using Hudson River water for once-through cooling. The Applicant also proposes to manage the rates of cooling water flow and to operate traveling screens and dual-flow screens as mitigation measures for entrainment and impingement of aquatic organisms. Central Hudson Gas and Electric will also test a high frequency underwater fish deterrence system to determine its potential to reduce the effects of water withdrawal on fish in the herring family.

For the Bowline Point Electric Generating Facility Units 1 and 2, Southern Energy Bowline LLC proposes to continue using Hudson River water for once-through cooling. The Applicant also proposes to manage the rates of cooling water flow and to operate traveling screens as mitigation measures for entrainment and impingement of aquatic organisms.. Southern Energy proposes to continue to deploy a barrier net in Bowline Point Pond from October through May.

For the Indian Point Electric Generating Facility Units 2 and 3, Consolidated Edison and the Power Authority propose to continue using Hudson River water for once-through cooling. The Applicants also propose to manage the rates of cooling water flow and to continuously rotate the modified Ristroph screens as mitigation measures for entrainment and impingement of aquatic organisms.

PERMITS: State Pollutant Discharge Elimination System ("SPDES") permits pursuant to Environmental Conservation Law ("ECL") Article 17, Title 8 and Parts 750 through 758 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR").

SEQRA STATUS: Pursuant to the State Environmental Quality Review Act ("SEQRA," ECL Article 8), the Department of Environmental Conservation, as lead agency, issued a positive declaration on or about May 20, 1992 which required preparation of an environmental impact statement. The Draft Environmental Impact Statement ("DEIS") was prepared by the Applicants and was accepted by the Department Staff on February 28, 2000 as being adequate for public review.

PUBLIC HEARING: Two hearing sessions to receive unsworn statements from the public regarding the Draft Environmental Impact Statement for the proposed permit modifications and renewals will be held on June 8, 2000 at 2:00 P.M. and at 7:30 P.M. at the Croton Village Hall, One Van Wyck Street, Croton-on-Hudson, New York. All persons, organizations, corporations or government agencies which may be affected by the proposed permit modifications and renewals are invited to attend the hearing and to submit oral or written comments on the DEIS for these actions. It is not necessary to file a written request in advance to speak in this portion of the hearing. Equal weight will be given to both oral and written statements. Lengthy statements should be submitted in writing and summarized on the record. The Administrative Law Judge may limit statements to five minutes to ensure that all persons can be heard. Written statements may be filed with Richard Benas, DEC Division of Environmental Permits, 50 Wolf Road, Albany, New York 12233-1750, on or before June 24, 2000. The comment period which was identified in the notices of complete application has been extended from April 24, 2000 to June 24, 2000.

The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five business days prior to the late of the hearing.

FURTHER PROCEEDINGS: With the agreement of all parties to the Hudson River Settlement Agreement, the Department has not yet issued draft permits for public review and comment. Following the close of the comment period on the DEIS, the parties intend to conduct negotiations regarding the conditions to be included in the draft permits. If the negotiations lead to agreement, the draft permits would be consistent with the agreement. If the negotiations do not lead to agreement, the Department Staff would issue draft permits which reflect the Department Staff's position. Under either outcome of the negotiations, a second hearing and comment period with the draft permits as its subject would be scheduled.

DOCUMENT AVAILABILITY: The DEIS is available for inspection during normal business hours at the following locations: DEC Region 3, Division of Environmental Permits, 21 South Putt Corners Road, New Paltz, New York 12561 (914-256-3054); Richard Benas, DEC Division of Environmental Permits, 50 Wolf Road, Albany, New York (518-457-5941); NYS DEC Office of Hearings and Mediation Services, 50 Wolf Road, Albany, New York 12233-1550, 518-457-3468 (Attn.: Susan J. DuBois, Administrative Law Judge); Adriance Memorial Library, 93 Market Street, Poughkeepsie, New York; Village of Buchanan Hall, 236 Tate Avenue, Buchanan, New York, 10511; Newburgh Town Hall, Union Avenue Extension, Newburgh, New York 12550; Haverstraw Town Hall, 1 Rosman Road, Garnerville, New York 10923; Mid-Manhattan Library, 455 Fifth Avenue, New York, New York, 10016; Columbia-Greene Community College Library, 4400 Route 23, Hudson, New York 12534; and Nyack Library, 59 S. Broadway, Nyack, New York 10960.

Copies of the DEIS may be obtained from Richard Benas at the address above. Electronic copies are available on CD-ROM.

STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (State Environmental Quality Review); Article 11 (Fish and Wildlife); Article 13 (Marine and Coastal Resources); Article 17, Title 8 (State Pollutant Discharge Elimination System); Article 70 (Uniform Procedures); and 6 NYCRR Parts 700-706 (Water Quality Standards); Parts 750 - 758 (SPDES); Part 617 (SEQRA); Part 621 (Uniform Procedures); and Parts 855 through 865 (Lower Hudson River Drainage Basin, Water Classes and Standards); and 33 U.S. Code §1326 (Effluent limitations and cooling water intake structures).

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
May 2, 2000

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