New York State Department of Environmental Conservation

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Wednesday April 26, 2023
9:30 AM
Contact  Administrative Law Judge Timothy MacPherson
OHMS, NYSDEC, 625 Broadway, 1st Floor, Albany, NY, 12233-1550, Phone: (518) 402-9003, Email:

This Issues Conference scheduled for Wednesday April 26, 2023 has been canceled at the request of the parties. Please contact Administrative Law Judge ALJ Timothy MacPherson, NYSDEC Office of Hearings and Mediation Services with any questions you may have regarding this matter. ALJ MacPherson can be reached at (518) 402-9003 or at

Adjudicatory Hearing: The adjudicatory hearing is scheduled for Wednesday, June 21, 2023 at 9:30 a.m. and continuing on subsequent days as necessary. If you would like information on how to attend the adjudicatory hearing, please contact NYSDEC Office of Hearings and Mediation Services at (518) 402-9003.

Seneca Power Partners LP (Seneca), which owns and operates the Batavia Power Plant located at 163 Cedar St., Batavia, New York 14020 (the Plant), applied to the New York State Department of Environmental Conservation (DEC) for a non-public Water Withdrawal permit to withdraw water for boiler make-up and cooling water on an as-needed basis from an existing, unused well (Well D) on applicant’s property which is part of the larger wellfield source near Tonawanda Creek in the Town of Batavia, Genesee County. This is to replace the current City supplied water source.

The New York State Department of Environmental Conservation (DEC) issued the water withdrawal permit with limitations, effective November 18, 2022. The permit authorized the withdrawal of up to 698,400 gallons per day (gpd) with a maximum annual withdrawal of 26,000,000 gallons per year (gpy) of water for the purpose of system maintenance, boiler make-up water, and non-contact cooling to support the generation of electric power in accordance with the terms and conditions of the permit. Applicant objects to the maximum withdrawal limits in the permit and has requested a hearing.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by Administrative Law Judge (ALJ) MacPherson in person at the Quality Inn & Suites, 8250 Park Road, Batavia, New York 14020. The conference will begin at 9:30 a.m. on Wednesday, April 26, 2023, and will continue as necessary. Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c). Members of the public may observe the issues conference by attending in person.

5:00 PM
Contact  Five Rivers Environmental Education Center
518-475-0291 or
Location  Five Rivers Environmental Education Center, 56 Game Farm Road Delmar, NY 12054 - Map

 Project WET (Water Education Today) is a hands-on curriculum developed specifically for teachers by teachers and experts in the field to teach students about water. During the workshop we’ll participate in some of the activities and discuss how they can be used to build an understanding of water and its impact in our lives. Curriculum guides (400-plus pages) are provided to participants for free. They contain interactive simulations and demonstrations that allow students to explore everything from physical properties and resource management to cultural connections. 

Registration is required. 
Participants must attend both evenings.
Call 518-475-0291 by Friday, April 21 to register or for more information.

LegendFive Rivers Meetings

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