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Niagara Mohawk Power Corporation - Ruling 5, August 12, 1998

Ruling 5, August 12,1998

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of the Application of the NIAGARA MOHAWK POWER CORPORATION for §401 Water Quality Certifications for Nine Hydroelectric Power Facilities:

(August 12,1998)

RULING ON PARTY MOTION FOR STATUS

Facility DEC Project No. FERC Project No.
Beaver River 6-2240-00038/00001-9 2645
E.J. West 5-4136-00016/00001-9 2318
Middle Raquette 6-4099-00006/00001-9 2320
Lower Raquette 6-4009-00006/00001-9 2330
School Street 4-6103-00027/00001-9 2539
Hudson River 5-4100-00019/00001-9 2482
Hoosic River 4-9904-00017/00001-9 2616
Oswego River 7-3500-00001/00001-9 2474

By letter dated August 3, 1998, the County of Saratoga (the County) filed a petition for party status in the Stewart Bridge Project (FERC #2047) and the Feeder Dam Project (FERC #2554). The petition was received by this Office on August 11, 1998. These projects are the subject of settlement negotiations in conjunction with the E.J. West or Hudson River projects, above referenced.

The County previously made this request for party status and was denied because the Stewarts Bridge and Feeder Dam Projects had not been the subject of a formal water quality certification hearing before this Office, a circumstance which has not changed. In the Matter of Application of Niagara Mohawk Power Corporation, Commissioner's Interim Decision (September 25, 1996; copy attached).

Ruling

The County of Saratoga's application for party status

Mohawk Power Corporation/Stewarts Bridge and Feeder Dam Projects is premature. Before the Department issues water quality certifications for the Stewarts Bridge and Feeder Dam Projects, the County and other members of the public will be afforded an opportunity to comment upon, or raise objections to the terms and conditions of any such certification pursuant to the provisions of ECL Article 70 and 6 NYCRR Part 621. The County of Saratoga's application for party status is denied without prejudice to renew at such time as a public hearing is convened with respect to water quality certification for the Stewarts Bridge or Feeder Dam Projects.

Appeals

This ruling may be appealed to the Commissioner in writing by August 28, 1998. Replies to any such appeals must be filed by September 9, 1998. Any request for an adjustment to the appeal schedule must be made to the Chief ALJ. All appeals and replies must be addressed to the Office of the Commissioner, NYSDEC, Room 604, 50 Wolf Road, Albany, New York 12233-1010, must include an original and two copies, and must be received by that Office by the dates indicated herein. Additionally, three copies of all such appeals, replies, briefs, and other related filings must also be sent to the ALJ's attention at the Department's Office of Hearings and Mediation Services, and to all persons indicated on the current Service List. Transmittal of documents must be made at substantially the same time and in the same manner to all persons.

/s/
Kevin J. Casutto
Administrative Law Judge

DATED: August 12, 1998
Albany, New York

TO: Distribution List
Hon. J. Raymond

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