The New York State Department of Environmental Conservation asked the Federal Energy Regulatory Commission to rethink an order that kicked the state agency out of the permitting process for a 127,200-Dth/d Millennium Pipeline Co. LLC natural gas lateral project.
On Oct. 13, the New York agency filed a request for rehearing and stay of a FERC order that waived the state's permitting authority under Section 401 of the Clean Water Act. The filing would allow the agency to go to a federal appeals court if FERC refuses to rehear the order.
FERC issued the order Sept. 15 on the grounds that the state took longer than the year given by the Clean Water Act to make a decision on a water quality certificate for the Valley Lateral project, which is designed to serve CPV Valley's 680-MW CPV Valley Energy Center. On Oct. 3, recognizing the delay at the state level, FERC gave Millennium another year to build and put in service the lateral. (CP16-17)