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New York Power Authority (Astoria) - Ruling, December 18, 2001

Ruling, December 18, 2001


In the Matter of Application for a State Pollutant Discharge Elimination System permit pursuant to Environmental Conservation Law (ECL) Article 17 and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 750 et seq., Air Pollution Control permits consisting of a Preconstruction permit and a Certificate to Operate, pursuant to ECL Article 19 and 6 NYCRR Parts 200 et seq.,


New York Power Authority,
[NYPA-Astoria Project]
123 Main Street
White Plains, New York 10601,



DEC No. 2-6301-00084/00016 and SPDES No. NY0267503

[December 18, 2001]

By letter dated December 12, 2001, the Coalition Helping to Organize a Kleaner Environment (CHOKE) moved for an extension of the schedule set for review of air pollution emissions reduction credits (ERCs) in the above referenced matter. CHOKE previously has timely applied for DEC party status in this case, and is a party in the related Public Service Law (PSL) Article X proceeding (Siting Board Case 99-F-1627).

A review of ERCs submitted by the Applicant was announced by public notice dated November 20, 2001 (the ERCs notice). On November 28, 2001, the ERCs notice was duly published in the Department's Environmental Notice Bulletin and newspapers of general circulation in the project area. The ERCs notice requires petitions for party status to be received by the PSL Article X Associate Examiner/DEC Administrative Law Judge by December 27, 2001, and written comments on the ERCs to be received by December 31, 2001. A supplemental pre-adjudicatory issues conference was advertised for January 3, 2002.

CHOKE requests a 10-day extension of the December 31, 2001 comment period and the January 3, 2002 issues conference dates (but not the December 27, 2001 petition filing date). CHOKE explains that its air quality expert was abroad when the ERCs notice was published, and he will not return until January 5, 2002. Therefore, CHOKE contends that it will not be able to prepare comments on the ERCs or participate in the issues conference, until their expert returns and has an opportunity to review the ERCs. CHOKE represents that other DEC party status applicants and PSL Article X parties, Natural Resource Defense Council and New York Public Interest Research Group, support the request for extension of schedule.

By letter dated December 13, 2001, the Applicant opposes the requested extension of schedule. The Applicant contends that without explanation, CHOKE has delayed two weeks before making the extension request. The Applicant concludes that it has scheduled this project for operation in March 2004, and any further delay would jeopardize this schedule.

In considering the parties' positions, CHOKE has not requested any extension of the December 27, 2001 filing date for party status petitions regarding ERCs, which might result in further delay in the review of this project. By comparison and contrary to the Applicant's position, an extension of the ERCs comment period will not result in delay for this project. The comment period would conclude in any event during the exceptions schedule for the Article X Recommended Decision (issued yesterday), well before the PSL Article X Siting Board would consider certificating this project. (The DEC Commissioner already has determined that no other proposed DEC issues require adjudication. See, In the Matter of New York Power Authority, Interim Decision of the Commissioner, DEC Case No. 2-6301-00084/00016 [November 26, 2001].) Further, no extension of the January 3, 2002 issues conference date is required because the purpose of the supplemental issues conference is to discuss proposed DEC adjudicable issues identified in supplemental petitions, not to discuss comments on the ERCs.

Ruling: The CHOKE motion for extension of the ERCs comment period is granted. The ERCs comment period for this project is extended from December 31, 2001 to January 10, 2001. Written comments must be received by the Associate Examiner/ALJ by January 10, 2001. The motion is in other respects denied.

Administrative Law Judge
and Article X Associate Examiner
Albany, New York
December 18, 2001

To: NYPA/Astoria Service List

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