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CPV Valley, LLC - Notice of Issues Conference


Applicant: CPV Valley, LLC, 3330 Route 6, Middletown, New York 10940.

Permit and Application Numbers: Application ID: 3-3356-00136/000004 - Air State Facility (ASF).

Project Description: The CPV Valley Energy Center (CPV) consists of a combined cycle natural gas powered 660 megawatt (MW) electric generating facility and interconnection substation. On January 24, 2018 the New York State Department of Environmental Conservation (DEC) received a renewal application for an Air State Facility permit issued pursuant to 6 NYCRR part 201 for the CPV facility. On August 1, 2018, DEC issued a notice of denial on that renewal. CPV submitted a request for hearing dated August 2, 2018 on DEC's denial.

Previous Notices:The ASF permit renewal application, denial and request for hearing were the subject of a combined Notice of Public Comment Period and Legislative Public Hearing and Deadline for Petitions for Party Status published in the Environmental Notice Bulletin (ENB) on August 29, 2018 ( and in the Times Herald-Record on September 5, 2018. A Notice of New Location for Legislative Public Hearing was published in the ENB on September 12, 2018 ( and in the Times Herald-Record on September 13, 2018.

The legislative hearings to receive unsworn statements from the public on CPV's ASF permit renewal application, DEC's notice of denial, and CPV's request for a hearing were held on September 26, 2018 at 2:00 PM and 7:00 PM at the Emergency Services Center of Orange County, 22 Wells Farm Road, Goshen, New York 10924. Written comments were received through October 5, 2018.

The August 29, 2018 combined notice stated that petitions requesting party status must be received no later than 3:00 PM on October 5, 2018 and that the pre-adjudicatory issues conference would be held and a public notice of the issues conference would be published. Two petitions for party status were filed in response to the notice.

Issues Conference: The issues conference regarding CPV's ASF permit renewal application, DEC's notice of denial, and CPV's request for a hearing will be held at 9:00 AM on November 29, 2018 at the Holiday Inn Middletown-Goshen, located at 68 Crystal Run Road, Middletown, New York.The issues conference will continue until adjourned by the administrative law judge. The purpose of the issues conference will be to determine party status for the persons who properly filed written petitions, and to narrow and define the scope of issues, if any, which may require adjudication. Participation at the issues conference will be limited to DEC staff, applicant, and those persons who timely requested party status. Following the issues conference, the participants will be advised of the ALJ's rulings on issues and party status, and whether an adjudicatory hearing will be scheduled for a later date. The ALJ's determination whether to conduct an adjudicatory hearing shall be based on whether the parties raise questions of fact relating to the issues that require a hearing. Questions of law that do not require an adjudicatory hearing will be subject to oral argument at the issues conference and legal briefing. Only those persons granted party status may participate in any adjudicatory hearing or legal briefing that is scheduled. If any filed objections to the Department's action on the permit application are withdrawn and the issues raised by the parties are satisfactorily resolved before the issues conference, the conference will be canceled and no adjudicatory hearing will be held.

Any questions about hearing procedures may be addressed to ALJ Michael S. Caruso by telephone at (518) 402-9003. In addition, DEC's permit hearing procedures may be found at, Hearings and Mediation Services, Guide to Permit Hearings.

James T. McClymonds
Chief Administrative Law Judge
Albany, New York

November 9, 2018

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