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Kings Park Energy, LLC (Supplemental)

April 9, 2002

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

Applicant: Kings Park Energy, LLC, 11350 Random Hills Road, Suite 400, Fairfax, VA 22030 (DEC Application No. 1-4734-00333/00003; PSC Case # 00-F-1356).

Project: The applicant, Kings Park Energy, LLC, proposes to construct and operate a gas-fired simple cycle electric power generation facility consisting of six General Electric (GE) LM6000 combustion turbine generators (CTGs), and associated balance-of-plant systems and facilities. The fuel will be natural gas with low-sulphur distillate oil (0.05 percent) backup under emergency conditions. The nominal electric generating capacity of the proposed Facility will be approximately 300 megawatts (MW). The project site is on Town Line Road, south of Old Northport Road, in the Town of Smithtown, Suffolk County.

Prior notice: The project was the subject of a combined Notice of Public Comment Period, Notice of Complete Application and Notice of Public Hearing which was issued on March 22, 2002 and which provided further description of the permit applications and regulatory provisions. The DEC public hearing is being held contemporaneously and on a joint record with the related Public Service Law Article X proceedings concerning the application filed by Kings Park Energy LLC, for a Certificate (PSC Case #00-F-1356).

The March 22, 2002 notice scheduled the legislative hearing sessions to receive unsworn statements from the public on the applications and the draft permits, which are to be held on Monday, April 29, 2002 at 3:00 P.M. to 6:00 P.M. and at 7:00 P.M. to 10:00 P.M., at the Kings Park High School, 200 Route 25A, Kings Park, New York. The March 22, 2002 notice stated that the pre-adjudicatory hearing issues conference would be held at a date, time, and place to be announced later.

Issues Conference: The issues conference regarding the above project will be held at 1:00 P.M. on Monday, May 13, 2002 at the H. Lee Dennison Building, Media Room, Floor 1-S, 100 Veterans Memorial Highway, Hauppauge, New York. The purpose of the issues conference is to determine what issues, if any, require adjudication, and to define the scope of such issues. The issues conference may be canceled if no filings for party status are received by the deadline listed below. Participation at the issues conference will be limited to the DEC Staff, the Applicant and those persons requesting party status pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Sections 624.4 and 624.5 in advance of the issues conference. Party status in the DEC proceeding is NOT automatically conferred upon the parties to the PSL Article X proceeding, other than the DEC Staff and the Applicant.

Filing for Party Status and Proposed Issues: To participate at the issue conference, parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interest in the proceeding, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues.

All petitions must be received by 4:00 P.M. on Monday, May 6, 2002. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

  • Administrative Law Judge Susan J. DuBois, NYSDEC Office of Hearings and Mediation Services, NYSDEC, 625 Broadway, First Floor, Albany, NY 12233-1550,
  • Administrative Law Judge Gerald L. Lynch, NYSDPS, Office of Hearings and Alternative Dispute Resolution, 3 Empire State Plaza, Albany, New York 12223-1350,
  • Meghan Purvee, Esq., Office of General Counsel, NYSDEC, 625 Broadway, Albany, New York 12233-1500, and
  • Richard M. Cogen, Esq., Nixon Peabody LLP, Omni Plaza, Suite 900, 30 South Pearl Street, Albany, NY 12207-3497.

Service by fax is NOT authorized.

Daniel E. Louis
Chief Administrative Law Judge

April 9, 2002

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