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Galloo Island ~ Ruling STATE OF NEW YORK PUBLIC SERVICE COMMISSION

Galloo Island ~ Ruling STATE OF NEW YORK PUBLIC SERVICE COMMISSION

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Published by pandorasboxofrocks
STATE OF NEW YORK
PUBLIC SERVICE COMMISSION

Application of Upstate NY Power Corp. for a Certificate of Environmental Compatibility and Public Need for a 50.6 mile 230kV Transmission Facility From Galloo Island in the Town of Hounsfield, Jefferson County, to the Fitzpatrick-Edic Substation in the Town of Mexico, Oswego County.
STATE OF NEW YORK
PUBLIC SERVICE COMMISSION

Application of Upstate NY Power Corp. for a Certificate of Environmental Compatibility and Public Need for a 50.6 mile 230kV Transmission Facility From Galloo Island in the Town of Hounsfield, Jefferson County, to the Fitzpatrick-Edic Substation in the Town of Mexico, Oswego County.

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Published by: pandorasboxofrocks on Feb 26, 2013
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07/29/2013

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STATE OF NEWYORK PUBLIC SERVICE COMMISSIONCASE 09-T-0049 - Application of Upstate NY Power Corp. for aCertificate of Environmental Compatibility andPublic Need for a 50.6 mile 230kV TransmissionFacility FromGalloo Island in the Town oHounsfield, Jefferson County, to theFitzpatrick-Edic Substation in the Town oMexico, Oswego County.RULING ON MOTION FOR ADJOURNMENTAND CROSS-MOTION TO DISMISS APPLICATION(Issued February 26, 2013)KEVIN J. CASUTTOAdministrative Law Judge: The purpose of this ruling is to address theApplicants motion for adjournment, and Staffs cross-motion todismiss this case (without prejudice to the Applicant to file anew application.)
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No activity has occurred in this case for some time.Most recently, on July 3, 2012, in advance of a telephoneconference scheduled for July 6, 2012 to receive a status reportfromUpstate NY Power Corp. (the Applicant) in this proceeding,the Applicant submitted an email message to the parties. Citingcircumstances in the statewide and national economy thatnegatively affect development of the proposed project, Applicantrequested a further adjournment of six to nine months for asubsequent status report. By letter dated July 5, 2012, Stafresponded to Applicants letter by requesting that the July 6,2012 conference call be held.
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Commission Rule 85-2.15 provides that when it appears that thestatutory requirements for a certificate cannot be met, theCommission may dismiss the application and terminate theproceeding upon the motion of any party or Staff, or upon itsown motion. Staff does not rely upon this rule in its motionto dismiss.
 
CASE 09-T-0049-2- The telephone conference was held, as scheduled, on July 6, 2012. During the telephone conference, the partiesdiscussed the Applicants request for further adjournment of theproceeding. The Applicant reported no new project-specificinformation regarding any further study or evaluation of anyproposed route. Several landowners expressed their frustrationand dissatisfaction with the continued adjournment of theproceeding in the absence of any substantive activity. Theselandowners explained that, due to the pendency of thisArticle VII application, they have not developed or improvedtheir agricultural business properties, as they otherwise mighthave done.Staff inquired whether the Applicant has consideredwithdrawing its application, without prejudice, until it wasready to proceed. Staff noted that, if the preferred route wereto remain as proposed, the application materials would requireupdating in any event, due to the length of time that has passedsince this application was filed. The Applicant declined towithdraw its application.Following the conference, I provided a schedule forwritten responses to the Applicants motion for furtheradjournment of this proceeding for six to nine months. Suchresponses were due by July 17, 2012. Three responses werefiled; two by landowners, Ms. French and Ms. Rossiter, andStaffs Reply and Cross-Motion to Dismiss. In its motion, Stafseeks dismissal of the application in the interests of fairnessto the potentially affected landowners, without prejudice to theApplicant to file a new application. Applicant has filed noresponse to Staffs cross-motion.
 
CASE 09-T-0049-3-PROCEDURAL HISTORY The Applicant submitted an application pursuant toPublic Service Law (PSL) Article VII on January 13, 2009,proposing to construct a 50.6 mile electric transmissionfacility fromGalloo Island in the Town of Hounsfield, JeffersonCounty to the Fitzpatrick-Edic Substation in the Town of Mexico,Oswego County. Following the submission of supplementalfilings, the application was determined to comply with thefiling requirements of the PSL and implementing regulations, asof August 20, 2009.A pre-hearing conference was convened on November 16,2009 and public statement hearings were held on November 16 and17, 2009. By ruling dated December 17, 2009, a case schedulewas established, providing for evidentiary hearings to commenceApril 8, 2010.However, on February 17, 2010, the Applicant submitteda motion requesting that the schedule be suspended so that itcould develop additional detailed analysis of certainalternative routes in response to public comments it received.Applicants February 17, 2010 motion identified severalalternative routes it planned to review further and alsoincluded a proposed Community Involvement and Outreach Plan.Staff responded to the Applicants motion on February 26, 2010,opposing the motion on the basis that the proposal did notprovide for adequate community involvement and public outreach.By letter dated March 2, 2010, Ms. Roberta French, businesspartner and representative for citizen intervenor MargaretGavin, provided comments in reply to the motion and cross-motion. On March 31, 2010, I issued a ruling canceling thehearing schedule and setting a procedural conference forSeptember 15, 2010.

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