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Scarsdale, Village of, Suez Water Westchester, Inc., Westchester Joint Water Works, the City of White Plains, the City of Yonkers, and the Town of Greenburgh

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ISSUES CONFERENCE AND
DEADLINE FOR PARTY STATUS PETITIONS

Petitioners: Village of Scarsdale, Suez Water Westchester, Inc., Westchester Joint Water Works, the City of White Plains, the City of Yonkers, and the Town of Greenburgh (Petitioners/Upstate Communities). Contact: Joel R. Dichter, Esq., Dichter Law, LLC, 118 N. Bedford Road, Suite 300, Mount Kisco, New York 10549-2555. Telephone: 212-593-4202.

Pursuant to the Administrative Code of the City of New York § 24-360, Environmental Conservation Law of the State of New York (ECL) article 15, title 15, and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Application for Fixation of Water Rates), Petitioners filed a joint petition dated August 18, 2016 requesting a review of the rates charged by the City of New York Water Board (the Water Board) to customers located outside New York City who take water from the City's water supply system. In the August 2016 joint petition, Petitioners seek administrative review of the following water rates:

  1. Effective July 1, 2014 (FY 2015), the Water Board set the upstate rate for entitlement water at $1,573.61 per million gallons (per MG), and the upstate rate for excess water at $4,946.52 per MG;
  2. Effective July 1, 2015 (FY 2016), the Water Board set the upstate rate for entitlement water at $1,728.99 per MG, and the upstate rate for excess water at $5,093.58 per MG; and
  3. Effective July 1, 2016 (FY 2017), the Water Board set the upstate rate for entitlement water at $1,750.52 per MG, and the upstate rate for excess water at $5,200.53 per MG.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory hearing issues conference will be held at 10:00 a.m. on March 5, 2019 at Scarsdale Village Hall, 1001 Post Road, Scarsdale, New York 10583. The purpose of the issues conference is to define, narrow, and resolve, if possible, proposed issues for adjudication. Any persons requesting party status must appear or be represented at the issues conference in order that all proposed issues may be fully discussed. The Administrative Law Judge (ALJ) will advise the parties of the date for the adjudicatory hearing.

Parties to the Proceeding: The Petitioners/Upstate Communities identified above, the Board, and staff from the Department of Environmental Conservation (Department staff) are parties to this proceeding. As outlined below, other persons may request party status.

Party Status: To participate in the adjudicatory hearing, persons must file a written petition requesting either full party status or amicus status consistent with the requirements outlined in 6

NYCRR part 624. Petitions for full party status must demonstrate that substantive and significant issues exist concerning the upstate water rates implemented by the Board for fiscal years (FYs) 2015, 2016, and 2017. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of petitions for amicus status, see 6 NYCRR 624.5(b)(1) and (3).

An electronic copy of petitions for full party status or amicus status must be sent, via email to ALJ Daniel P. O'Connell (daniel.oconnell@dec.ny.gov), and must be received by 4:00 p.m. on February 25, 2019. One conforming hard copy must be postmarked by February 25, 2019, and sent by first class mail to ALJ O'Connell at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, 1st Floor, Albany, New York 12233-1550.

In addition to filing a petition with the ALJ, one electronic copy of any petition must also be sent via email by 4:00 p.m. on February 25, 2019, and one conforming hard copy postmarked by February 25, 2019, by first class mail to Petitioners' counsel, counsel for the Water Board, and counsel for Department staff:

  1. 1. Joel R. Dichter, Esq., Dichter Law, LLC, 118 N. Bedford Road, Suite 300, Mount Kisco, New York 10549-2555 (dichter@dichterlaw.com);
  2. Gail Rubin, Esq., Chief, Affirmative Litigation Division, Krista Friedrich, Esq., Senior Counsel, and Melanie C.T. Ash, Esq., Senior Counsel, City of New York, Law Department, 100 Church Street, New York, New York 10007 (grubin@law.nyc.gov; kfriedri@law.nyc.gov; mash@law.nyc.gov); and
  3. Anthony London, Esq., Office of General Counsel, New York State Department of Environmental Conservation, 625 Broadway, 14th Floor, Albany, New York 12233-1500 (anthony.london@dec.ny.gov).

Document Availability: The following pertinent Water Board rate reports are available on-line at:

Report on the Cost of Supplying Water to Upstate Customers for the 2015 Rate Year (https://www1.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2015_upstate_rate_report.pdf)

Report on the Cost of Supplying Water to Upstate Customers for the 2016 Rate Year (https://www1.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2016_upstate_rate_report.pdf)

Report on the Cost of Supplying Water to Upstate Customers for the 2017 Rate Year (https://www1.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2017_upstate_rate_report.pdf)

Applicable Statutory and Regulatory Provisions: Administrative Code of the City of New York Water Supply Act § 24-360 (Water Supply Act); Public Authorities Law § 1045-a et seq.; Environmental Conservation Law (ECL) article 3, title 3 (General Functions); and article 15, title 15 (Water Supply). Also, title 6 of the Official Compilations of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Applications for Fixation of Water Rates); and part 624 (Permit Hearing Procedures).

James T. McClymonds
Chief Administrative Law Judge

January 29, 2019
Albany, New York

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