FERC just gave Millennium Pipeline a big win and blew New York State DEC out of the water with a much deserved put-down and precedent for other pipelines.
The Federal Energy Regulatory Commission (“FERC”) issued an important decision today in favor of Millennium Pipeline Company, L.L.C. (“MPC”) that is sure to effect New York regulatory matters. FERC determined that the New York State Department of Environmental Conservation (“NYSDEC”) waived its authority to issue a water quality certificate under Section 401 of the Clean Water Act (“CWA”).
The waiver is for MPC’s 7.8 mile 16-inch-diameter pipeline and related facilities intended to provide 127,200 dekatherms per day to Competitive Power Ventures’ controversial Valley Energy Center; a 680 MW natural gas-fueled combined cycle electric generating facility in the Town of Wawayanda, New York (NYISO Electric Zone G). While MPC is still in need of a Notice to Proceed from FERC to continue with the project, FERC’s decision may clear the way for construction of the line.
FERC originally issued to MPC a Certificate of Public Convenience and Necessity for the project on November 9, 2016. This Certificate, however, required MPC to obtain all authorizations required by federal law, or a waiver thereof, prior to commencing construction of the line. This included the NYSDEC issued CWA Section 401 Water Quality Certificate. MPC first applied to the NYSDEC for this certification on November 23, 2015.
http://naturalgasnow.org/big-win-millennium-pipeline-big-loss-new-y...
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