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Wallkill Generating Co. - Ruling & Order, September 9, 1993

Ruling & Order, September 9, 1993

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

the Applications of WALLKILL GENERATING COMPANY, L.P.
for permits to construct and operate a 150 megawatt natural gas fired electric generating facility
to be located in the Town of Wallkill, Orange County.

RULING AND ORDER

The requests for party status by Mr. Stuart Schwartz on behalf of the Wallkill Area Residents and Mr. Brian Kilcommons which were received on September 3, 1993 do not comply with the requirements of 6 NYCRR 624.4(b), 624.4(e) or with the instructions for filing for party status contained in the Notice of Hearing issued July 6, 1993. The requests do not set forth an offer of proof with respect to any evidence which Mr. Schwartz and Mr. Kilcommons intend to present. Mr. Kilcommons' request contains a series of questions and comments on the Draft Environmental Impact Statement. Neither request raises substantive and significant issues nor do the requests indicate any good cause for not filing the request for party status on time. The requests are denied.

Pursuant to 6 NYCRR 624.4 (f), any ruling of the Administrative Law Judge denying party status may, within three days of the ruling, be appealed in writing to the Commissioner.

Notice of the appeal, and a copy of all briefs submitted in support thereof, shall be given to the Administrative Law Judge.

The Order made on the record of the Issues Conference held on August 25, 1993 is affirmed and the applications are remanded back to the Department Staff for completion of the Final Environmental Impact Statement ("FEIS") and processing of the permit applications. Mr. Kilcommons' comments in his request for party status are to be addressed in the FEIS.

/s/
William J. Dickerson
Administrative Law Judge

Albany, New York
September 9, 1993

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