New York State Department of Environmental Conservation

Deputy Commissioner & General Counsel

Office of General Counsel, 14th Floor

625 Broadway, Albany, New York  12233‑1500

Phone: (518) 402-2794  ÿ  FAX: (518) 402-8541

Website: www.dec.state.ny.us

 

 

 

February 24, 2003

 

 

Honorable William Flynn, Chairman

New York State Public Service Commission

Three Empire State Plaza

Albany, New York 12223‑1350

 

 

RE: Case 01‑F‑1276 ‑ Application of TransGas Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article X of the Public Service Law, and DEC Permits No. 2‑6101‑00149/00010

 

 

Dear Chairman Flynn:

 

            This is to advise you that the New York State Department of Environmental Conservation staff have reviewed the Article X application for the captioned proposed electric generation project, including applications for air and water permits submitted to DEC by virtue of the Department’s delegation of authority from the U.S. Environmental Protection Agency (EPA), or implementation of a Federal program on behalf of the US EPA.  The Department’s authority to review these applications and issue such permits in the context of an Article X proceeding is provided for in §§ 164.1(f), 167.1(a) and 172.1 of the Public Service Law (PSL).

 

            Department staff have reviewed the substantial information provided in relation to the air and State Pollutant Discharge Elimination System (SPDES) permit applications.  Based upon that review, Department staff have concluded that additional information is necessary for the Department to make a determination of completeness pursuant to the Uniform Procedures Act, ECL Article 70 and implementing regulations at 6 NYCRR Part 621.  The enclosed letter of February 24, 2003 from John Cole, the Department’s project manager, to Stephan Solzhenitsyn of TRC Environmental, consultant for TransGas Energy, provides specific details.

 

 

 

 

            Additionally, the Department notes that discussions between TransGas and the Department concerning the voluntary clean‑up agreement to address site contamination issues are ongoing.  Please be aware that any issues related to this agreement must be finalized prior to issuance of the Article X Certificate.  This review is handled independent of the Article X process.  (See Besicorp ‑ Empire State Newsprint Project No. 00‑F2057).

 

            We will notify you when the Department has finished preparing draft permits in order that the joint process for a legislative hearing and issues conference under Article X can be scheduled.

 

            Please advise me if you have any questions in this regard.  Thank you.

 

 

Very truly yours,

 

 

                                                James H. Ferreira

 

James H. Ferreira

Deputy Commissioner and General Counsel

 

 

 

cc:        D. Sheehan

            J. McKeon

            J. Sama

            A. Crocker

            J. Hairie