Danskammer Energy Center
Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by Administrative Law Judge Michael S. Caruso electronically though the Webex electronic webinar platform. The conference will begin at 10:00 a.m. on Wednesday, April 20, 2022. The conference will continue at 10:00 a.m. on Thursday, April 21, 2022, if needed. Instructions for attending the issues conference are provided below.
Notice of Reconvened Issues Conference
Applicant: Danskammer Energy LLC
994 River Rd
Newburgh, NY 12550
DEC Application: Article 19 Air Title V Facility (ID No. 3-3346-00011/00017)
Project Description: Danskammer Energy, LLC (Danskammer, Facility, or Project) is proposing to construct a new natural gas fired combined cycle power generation facility, the Danskammer Energy Center, in the Town of Newburgh, Orange County, New York, which will consist of an optimal 536 net megawatt (MW) facility located at the site of its existing Danskammer Generating Station. On October 27, 2021, the New York State Department of Environmental Conservation (Department or DEC) issued a notice of denial of the Title V permit application pursuant to title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) 621.10(f). Danskammer submitted a request for hearing on DEC's denial dated November 23, 2021.
Prior Notices: On January 12, 2022, the Department issued a notice of legislative public comment hearing and issues conference, in the ENB. Pursuant to the notice a legislative public comment hearing was held on February 15, 2022, and an issues conference was convened on March 16, 2022.
Current Notice: This Notice serves to provide the public notification that DEC will reconvene the issues conference in this matter on April 20, 2022. The issues conference will continue on April 21, 2022, if needed.
Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by Administrative Law Judge Michael S. Caruso electronically though the Webex electronic webinar platform. The conference will begin at 10:00 a.m. on Wednesday, April 20, 2022. The conference will continue at 10:00 a.m. on Thursday, April 21, 2022, if needed. The purpose of the issues conference is to determine party status for any person or organization that has filed a petition pursuant to the January 12, 2022 ENB notice, to consider DEC's notice of denial, Danskammer's statement of issues, and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, applicant, and those persons or organizations who requested party status. Members of the public may observe the issues conference by attending the electronic webinar. Instructions for attending the webinar are provided below.
Instructions for Attending the Issues Conference
To join the issues conference on April 20, 2022, through the internet, visit www.webex.com and click "Join a meeting."
Event Number: 2346 742 0687
Password: APRIL20-10AM
To join by phone only:
Dial: 1-518-549-0500
Access Code: 2346 742 0687
Passcode: 27745201
To join the issues conference on April 21, 2022, through the internet, visit www.webex.com and click "Join a meeting."
Event Number: 2340 185 0874
Password: APRIL21-10AM
To join by phone only:
Dial: 1-518-549-0500
Access Code: 2340 185 0874
Passcode: 27745211
It is not necessary to pre-register to attend the issues conference.
Michael S. Caruso
Administrative Law Judge
March 30, 2022
Albany, New York
January 12, 2022 Combined Notice
Applicant
Danskammer Energy LLC
994 RIVER RD
Newburgh, NY 12550
Project Name and Location
Danskammer Energy Center
994 River Rd
Newburgh, NY 12550
Applicant's Attorney
Brenda D. Colella, Esq.
Barclay Damon Tower
125 East Jefferson Street
Syracuse, NY 13202
DEC Application ID No.
Article 19 Air Title V Facility (3-3346-00011/00017)
Project Description: Danskammer Energy, LLC (Danskammer, Facility, or Project) is proposing to construct a new natural gas fired combined cycle power generation facility, the Danskammer Energy Center, in the Town of Newburgh, Orange County, New York, which will consist of an optimal 536 net megawatt (MW) facility located at the site of its existing Danskammer Generating Station. The proposed Facility (combustion turbine) will be primarily fueled by natural gas with ultra-low sulfur diesel (ULSD) as a backup fuel for up to the full load equivalent of 720 hours per year. On October 27, 2021, the New York State Department of Environmental Conservation (Department or DEC) issued a notice of denial of the Title V permit application pursuant to title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) 621.10(f). DEC's denial of Danskammer's application was based upon DEC's determination that the Project would be inconsistent with or would interfere with the attainment of the Statewide greenhouse gas emission limits established in Environmental Conservation Law (ECL) Article 75. DEC also cited the lack of short- or long-term reliability need for the Project and the failure of Danskammer to identify adequate alternatives or greenhouse gas emission mitigation measures as reasons for denying the Title V permit application. DEC concluded that the Project does not satisfy the requirements of the Climate Leadership and Community Protection Act. The October 27, 2021, notice of denial (PDF) provides in detail the reasons for DEC's determination. Danskammer submitted a request for hearing on DEC's denial dated November 23, 2021.
SEQRA Status: The Project is a Type II action under ECL article 8 (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR 617.5(c)(44).
Prior Notices of Complete Application and Legislative Public Comment Hearings: On June 30, 2021, DEC issued a Notice of Complete Application (NOCA) in the Environmental Notice Bulletin (ENB) commencing the public review and comment period for the referenced draft permits and associated applications. On July 21, 2021, the Department issued a Notice of Legislative Public Comment Hearing as amended by Amended Notice of Public Comment Hearing issued August 11, 2021, in the ENB. Virtual legislative public comment hearings were held on August 23, 2021 at 1:00 p.m. and 6:00 p.m. and on August 25, 2021 at 1:00 p.m. and 6:00 p.m.
Current Notice: This Notice serves to provide the public notification that DEC will hold a legislative public comment hearing, provide a written public comment period, set deadlines for petitions for party status, and hold an issues conference regarding Danskammer's Title V permit application, the draft permit, DEC's notice of denial, and Danskammer's request for a hearing as described below. Please note the administrative law judge is accepting all oral statements provided at the August 23 and 25, 2021 Legislative public comment hearings and written comments submitted to DEC staff pursuant to the previous notices into the administrative record of this proceeding.
Legislative Public Comment Hearing: A legislative public comment hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Tuesday, February 15, 2022 at 5:00 p.m. The hearing will be conducted electronically through the Webex Events electronic webinar platform. Instructions for participating in and attending the webinar are provided below.
All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on Danskammer's Title V permit application, the draft permit, DEC's notice of denial, and Danskammer's request for a hearing. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 2 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard. Please be advised that speakers will be called in the order they register with preference given to publicly elected officials and those who did not speak at one of the previous four legislative public comment hearings. Because the hearing is being conducted by electronic webinar, it is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request. Requests must be submitted by Wednesday, February 2, 2022 and directed to the NYSDEC Office of Communication Services, either by mail (address: NYSDEC, Office of Communication Services, 625 Broadway, Albany, New York 12233-4500), by telephone (518 402-8044) or by e-mail (language@dec.ny.gov).
Written Public Comments: Written comments concerning Danskammer's Title V permit application, draft permit, DEC's notice of denial, and Danskammer's request for a hearing must be postmarked by Tuesday, February 22, 2022 and mailed to Administrative Law Judge Michael S. Caruso at DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Caruso at DanskammerEnergy@dec.ny.gov by 5:00 p.m. on Tuesday, February 22, 2022. Written statements will be considered equally with oral statements given at the legislative public comment hearing, provided they are postmarked by Tuesday, February 22, 2022 or emailed by 5:00 p.m. on that date.
Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by ALJ Caruso electronically though the Webex Events electronic webinar platform. The conference will begin at 10:00 a.m. on Wednesday, March 16, 2022. The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), to consider DEC's notice of denial, Danskammer's statement of issues, and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, applicant, and those persons or organizations requesting party status. 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 the electronic webinar. Instructions for attending the webinar are provided below.
Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. 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 a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).
All petitions requesting party status to participate at the adjudicatory hearing must be received at DEC's Office of Hearings and Mediation Services no later than 5:00 p.m. on Wednesday, February 23, 2022. Address all petitions to Administrative Law Judge Michael S. Caruso, DEC's Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, telephone: (518) 402-9003, email: michael.caruso@dec.ny.gov. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant's attorney, Brenda D. Colella, Esq., Barclay Damon Tower, 125 East Jefferson Street, Syracuse, New York 13202, telephone: (315) 425-2722, email: bcolella@barclaydamon.com, and to Department staff's attorney, Mark Sanza, Deputy General Counsel, New York State Department of Environmental Conservation, 625 Broadway, 14th Floor, Albany NY 12233-1500, telephone: (518) 402-9185, email: mark.sanza@dec.ny.gov.
Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Caruso by telephone at (518) 402-9003. DEC's permit hearing regulations may be found at http://www.dec.ny.gov/regs/2488.html, and a guide to permit hearing procedures may be found at http:///www.dec.ny.gov/permits/6234.html.
Statement of Issues: Danskammer must submit a statement of issues no later than 5:00 p.m. on Wednesday, February 23, 2022 addressed to the ALJ and Department staff's attorney. The statement of issues must: (a) identify issues for adjudication which meet the criteria of 6 NYCRR 624.4(c); (b) present an offer of proof specifying the witness(es), each witness's qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue; and (c) identify whether each identified issue is an issue of fact or law. The statement of issues must also be provided to all persons who filed petitions for party status no later than 5:00 p.m. on February 28, 2022.
Responses: Department staff may submit a response to Danskammer's statement of issues and Department staff and Danskammer may submit responses to petitions for party status provided they are submitted no later than 5:00 p.m. on Thursday, March 10, 2022. Responses must also be provided to all persons who filed petitions for party status no later than March 10, 2022.
Filing by Email: Filing of petitions for party status, Danskammer's statement of issues and responses from Department staff and Danskammer by email is authorized provided the petitions, statement of issues and responses are received by all of the parties or petitioners, as directed above, by the 5:00 p.m. deadline for each filing, and a conforming hard copy is sent by first class mail and postmarked by the respective deadline date. Telefaxed petitions will not be accepted.
Document Availability: Filed application documents, draft permit and notice of denial are available for review at: https://www.danskammerenergy.com/documents/. For further information contact Michael Higgins, Project Manager, NYSDEC - Division of Environmental Permits, Bureau of Energy Project Management, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9179, E-mail: DanskammerEnergy@dec.ny.gov.
Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 19 (Air Pollution Control), ECL article 70 (Uniform Procedures), ECL article 75 (Climate Change); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 201-6 (Air Title V); and 40 CFR 72 through 78. (518) 402-9179, E-mail: DanskammerEnergy@dec.ny.gov.
Instructions for Attending the Legislative Public Comment Hearing
To join the hearing through the internet, visit www.webex.com and click "Join a meeting."
Event Number: 2337 673 8643
Password: Feb15-5PM
To join by phone only:
Dial: 1-518-549-0500
Access Code: 2337 673 8643
Persons wishing to comment on DEC's denial and Danskammer's request for hearing will have the opportunity to make a statement at the public comment hearing webinar. Any person wishing to provide a public statement must register in advance of the hearing no later than 4:00 p.m. Friday, February 11, 2022. Any person may listen to the hearing by phone without pre-registration. Please note, if you spoke at one of the previous hearings conducted on August 23 and 25, 2021, you will only be called if time allows.
To register electronically: Persons who will login to the hearing electronically must register. To register, visit http://www.webex.com, click "Join a meeting," input the event number listed above, click "Register," and fill in the requested information. You will be asked whether you wish to make a public statement or not. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.
On the appropriate date and time of the hearing, participants should visit https://www.webex.com, click "Join a meeting" at the top right-hand corner of the screen, and input the appropriate event number for the hearing. Participants will be asked to "select audio system." It is recommended that participants choose to have the system "call me" or "call using computer." The "call me" option will require participants to enter their phone numbers.
To register by telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Department at 518-402-9003 no later than 4:00 p.m. Friday, February 11, 2022. Please provide your first and last name, address, email address if any, and telephone number and reference the Danskammer public comment hearing. On the day and time of the hearing, use the phone access phone number, (518) 549-0500, and the appropriate access code listed above to join the hearing.
All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJ may limit the time available for oral comments to 2 minutes per person, as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be stenographically recorded for inclusion in the record.
Instructions for Attending the Issues Conference
To join the issues conference on March 16, 2022, through the internet, visit www.webex.com and click "Join a meeting."
Event Number: 2334 620 2141
Password: March16-10AM
To join by phone only:
Dial: 1-518-549-0500
Access Code: 2334 620 2141
Passcode: 62724161
It is not necessary to pre-register to attend the issues conference.
