WAWAYANDA – A federal appeals court has issued a preliminary order that prevents the start of construction of a gas pipeline to the nearly completed Competitive Power Ventures plant while state and federal regulators continue their dispute over a critical permit for the gas line.
The U.S. Court of Appeals in Manhattan granted the state Department of Environmental Conservation an emergency stay, suspending a decision last week by a Federal Energy Regulatory Commission official to let the pipe work begin. The next step is for a three-judge panel to hear arguments from the DEC, FERC and Millennium Pipeline about whether to block construction while the permit fight plays out.
Millennium is set to start installing a 7.8-mile pipeline across Minisink and Wawayanda to supply natural gas to the CPV power plant, which is nearly built. The DEC denied Millennium the water quality certification it needed for the project in late August, but was overruled two weeks later by FERC. DEC has asked FERC to reconsider its decision and plans to ask the Court of Appeals to overturn it if FERC stands by the decision.
Opponents of the $900 million CPV project cheered the court’s emergency stay, saying that workers had begun marking trees for removal on the pipe route and that activists will “take any actions necessary to prevent construction from beginning.”
They praised Gov. Andrew Cuomo, Attorney General Eric Schneiderman and the DEC’s attorney for fighting FERC in what the state and opponents of the power plant cast as a defense of the state’s jurisdiction.
“While FERC may have siting authority, only the state can permit any activity that could impact water quality,” Pramilla Malick, leader of the citizens group Protect Orange County, said in a statement.
A Millennium spokewoman said the company has all approvals and permits to start work and expects the court stay to be temporary.
“While we would prefer to reach a resolution with the state, we are prepared to move forward,” spokeswoman Michelle Hook said. “After multiple delays, we are looking forward to constructing this much-needed project to serve a power plant that received all required permits from the state and is nearing completion.”
Times Herald-Record – Chris Mckenna – 11.03.2017
Posted by: Nelson Bailey
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