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Niagara Mohawk Power Corporation - Ruling 6, December 16, 1998

Ruling 6, December 16, 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:

RULING ON MOTION FOR PARTY STATUS

(December 16,1998)

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
Black River 6-2240-00038/00001-9 2569
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 December 7, 1998, the County of Fulton (the County) filed a petition for party status in the Stewarts Bridge Project (FERC #2047). The petition was received by this Office on December 14, 1998. This project is the subject of settlement negotiations in conjunction other Niagara Mohawk Power Corp. projects, above referenced.

The County of Saratoga has previously made a similar request for party status in the Stewarts Bridge Project. That request was denied because the Stewarts Bridge Project had not been the subject of a formal water quality certification hearing before this Office. In the Matter of Application of Niagara Mohawk Power Corporation, Ruling, August 12, 1998. That circumstance has not changed.

Ruling

The County of Fulton's application for party status for the Niagara Mohawk Power Corporation/Stewarts Bridge Project is premature. Before the Department issues a water quality certification for the Stewarts Bridge Project, 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 Fulton's application for party status is denied without prejudice to renew at such time as a public hearing is convened before this Office with respect to water quality certification for the Stewarts Bridge Project.

Appeals

This ruling may be appealed to the Commissioner in writing by December 30, 1998. Replies to any such appeals must be filed by January 6, 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 and must include an original and two copies. All appeals and replies 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 Distribution 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: December 16, 1998
Albany, New York

TO: Distribution List

Hon. L. Bessy Floyd (BY FAX)

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