You are on page 1of 11

One Blue Hill Plaza, 7th Floor

Post Office Box 1565
Pearl River, NY 10965
845.620.1300 Voice | 845.620.1320 Fax

October 26, 2017

Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426

Re: Millennium Pipeline Company, L.L.C.
Valley Lateral Project, Docket No. CP16-17-000
Supplemental Information – Agency Correspondence

Dear Ms. Bose:

On November 9, 2016, the Federal Energy Regulatory Commission (“Commission” or
“FERC”) issued an Order Denying Motion to Dismiss and Issuing Certificate (“Order”) for
Millennium Pipeline Company, L.L.C.’s (“Millennium”) Valley Lateral Project (“Project”). 1
The Project is required to serve the CPV Valley Energy Center, a combined-cycle natural gas-
fired power plant with a capacity of 680 megawatts, nearing completion in the Town of
Wawayanda, New York. On October 20, 2017, Millennium filed a Renewed Request for Notice
to Proceed with Construction for the Project. Attached herewith is correspondence with the U.S.
Army Corps of Engineers.

Millennium is filing the additional information pursuant to the Commission’s guidelines
for eFiling. If you have any questions regarding this filing, please contact me at 845-620-1300.

Respectfully submitted,

/s/ Georgia Carter

Georgia Carter
Vice President and General Counsel
Millennium Pipeline Company, L.L.C.

1
Millennium Pipeline Co., L.L.C., 157 FERC ¶ 61,096 (2016) (“Order”).

www.millenniumpipeline.com
Attachments

cc: Terry Turpin (Commission staff)
Jacqueline S. Holmes (Commission staff)
Rich McGuire (Commission staff)
Danny Laffoon (Commission staff)
Anthony Rana (Commission staff)
ATTACHMENTS
One Blue Hill Plaza, 7th Floor
Post Office Box 1565
Pearl River, NY 10965
845.620.1300 Voice | 845.620.1320 Fax

October 20, 2017

Stephan A. Ryba
Chief, Regulatory Branch
Department of the Army
U.S. Army Corps of Engineers, New York District
Jacob K. Javits Federal Building
26 Federal Plaza
New York, NY 10278-0090

Via Electronic Mail

Re: Permit Application No. NAN-2015-01589-WOR
Millennium Pipeline Company, LLC – Valley Lateral
Towns of Minisink and Wawayanda, Orange County, New York

Dear Mr. Ryba,

We are in receipt of your letter dated October 16, 2017 (“Letter”), regarding Millennium
Pipeline Company, L.L.C.’s (“Millennium”) Valley Lateral Project (“Project”). The Valley
Lateral Project was approved by the Federal Energy Regulatory Commission (“FERC”) on
November 9, 2016. On May 11, 2017, the New York District of the U.S. Army Corps of
Engineers (“Corps”) confirmed the applicability of the nationwide general permit 12 (“NWP
12”) for the Project.

In the Letter you state that your office “understands that a disagreement exists between”
Millennium and FERC, on one side, and the State of New York and opponents of the Project, on
the other side, “regarding the question of whether the State of New York can be considered to
have waived its authority in the issue of water quality certification under Section 401 of the
Clean Water Act (33 U.S.C. § 1341), for this project.” Your letter further states that “the Corps
does not endorse the position taken by either side of this dispute” and “would prefer to allow the
parties involved in the dispute to resolve this legal question. Should the Federal Court resolve
this legal question, the Corps would abide by whatever final determination the Federal Courts
make in this case.”

On September 15, 2017, FERC issued a Declaratory Order Finding Waiver Under
Section 401 of the Clean Water Act finding that the State of New York, “by failing to act within
the one-year timeframe required by the [Clean Water Act], waived its authority to issue or deny a
water quality certification.” Millennium Pipeline Company, L.L.C., 160 FERC ¶ 61,065 (2017).
While rehearing requests have been filed at FERC, such requests do not stay the effectiveness of
a Commission order and this issue is not currently before a Federal Court.

www.millenniumpipeline.com
It is Millennium’s understanding based on subsequent phone calls that the Letter is
intended to maintain the status quo under which FERC has made a waiver determination that the
Corps will accept unless or until FERC’s determination is reversed by a Federal Court. Based on
this understanding, Millennium has met all the requirements of NWP 12. Millennium intends to
advise FERC that it has met such requirements and that Millennium may proceed with
construction of the Project. Millennium recognizes that the impacts of any reversal of FERC’s
waiver determination would be addressed at the time of any such reversal.

If you have a different understanding of the Letter or if you have any questions please
contact me at 845-620-1300.

Respectfully submitted,

/s/ Georgia B. Carter
Georgia B. Carter
Vice President and General Counsel

cc: Craig Schmauder, Deputy General Counsel
David Cooper, Chief Counsel
Maureen McAndrew, Division Counsel, North Atlantic Division
Lorraine Lee, District Counsel, New York District

www.millenniumpipeline.com

2
CERTIFICATE OF SERVICE

Pursuant to Rule 2010 of the Commission’s Rules of Practice and Procedure, 18

C.F.R. § 385.2010 (2016), I hereby certify that I have this day served the foregoing

document upon each person designated on the official service list compiled by the

Secretary in this proceeding.

Dated at Washington, D.C., this 26th day of October, 2017.

/s/ Barbara Deathe
Barbara Deathe
Van Ness Feldman LLP
1050 Thomas Jefferson St., N.W.
Seventh Floor
Washington, D.C. 20007-3877
(202) 298-1800