The Dunkirk Gas Corporation filed an application request with the New York State Public Service Commission (Commission) seeking approval to construct an approximately 11.3 mile natural gas pipeline and associated facilities to transport natural gas from the Tennessee Gas Transmission Pipeline in the Town of Pomfret to the Dunkirk Generating Station in the City of Dunkirk, Chautauqua County, New York.  The proposed project will traverse three municipalities:  the City of Dunkirk and the towns of Pomfret and Dunkirk.

Informational Forum and Public Statement Hearing

During an Informational Forum, Staff from the Department of Public Service will provide an overview of the Public Service Law certification process and the Applicant will provide a summary of the proposed project.  These presentations will be followed by an opportunity for members of the public to pose questions about the proposal.

An Administrative Law Judge will conduct the Public Statement Hearing.  In order to speak at the hearing, it is not necessary to be present at the start of the hearing, to make an appointment in advance, or to present written material.  Persons will be called to speak after completing a request card.  A time limit may be set to allow the greatest number of speakers to be heard.  The public statement hearing will continue until everyone wishing to speak has been heard or other reasonable arrangements have been made.  A verbatim transcript of the hearing will be made for inclusion in the record of these proceedings.

Disabled persons requiring special accommodations may place a collect call to the DPS’s Human Resources Management Office at 518-474-2520.  TDD users may request a sign language interpreter by placing a call through the New York Relay Service at 711 to reach the Department of Public Service’s Human Resources Office at the previously mentioned number.  If you have difficulty understanding English, please call the Department at 1-800-342-3377 for free language assistance services.

Description of the Proposed Facility

In June 2014, the Commission approved the contractual terms governing an agreement between National Grid and Dunkirk Power, LLC regarding natural gas and a natural gas addition at the Dunkirk Generation Station, located in the City of Dunkirk.  Subsequent to this approval, Dunkirk Gas Corporation filed an application to construct a natural gas transmission line to transport gas to the Dunkirk facility.  The project includes 11.3 miles of new 16-inch buried pipeline and construction of associated facilities.  This will be a welded steel 16-inch pipeline that will have a Maximum Allowable Operating Pressure (MAOP) of 760 pounds per square inch (psi).  The line will begin at a new interconnection with the existing Tennessee Gas Transmission Line pipeline located in the Town of Pomfret, travel through the towns of Pomfret and Dunkirk and the City of Dunkirk and end at the Dunkirk station.  Approximately 6.8 miles of the planned 11.3 mile route will be adjacent and parallel to National Grid’s electric transmission line right-of-way.

Construction will also include a new regulating station at the Dunkirk station, a new metering tap with the Tennessee Pipeline and other associated facilities.   The new regulating station will be constructed within the existing property of the Dunkirk Generating Station.  The new metering station is located at the connection point with the Tennessee Gas Transmission Line Pipeline in the Town of Pomfret and will be located on Dunkirk Gas private land.  The two mainline isolation valves will be constructed within the pipeline permanent right-of-way in the towns of Dunkirk and Pomfret.

The proposed pipeline plan will transport natural gas to the Dunkirk Generating Station and is an essential element of Dunkirk’s natural gas addition to help maintain safe and reliable gas distribution in the area.

New York State Certification Review Process for Major Electric Transmission Lines

Article VII of the NYS Public Service Law establishes the review process for consideration of any application to construct and operate an a natural gas pipeline that is greater in length  than 1000 feet and at pressures above 125 psi . The basis of need for the Project;

• The nature of probable environmental impacts of the Project, and whether impacts will be minimized;
• Whether the Project conforms with local laws and regulations, or the need for waiver of those laws and regulations; and
• Whether the Project serves the public interest, convenience and necessity.

How to Obtain Information

The application documents and other materials pertaining to this case, including a description of the probable environmental impact of the proposed Facility, can be obtained from the Commission’s website, www.dps.ny.gov, by clicking on “Search,” and entering “14-T-0360” in the “Search by Case Number” field.

Ways to Participate in the Article VII Process

Article VII provides opportunities for individual and group stakeholders to take part in the formal review of the application.  The proposed location, appearance, cost and construction and maintenance practices, as well as the need for the facility are all subject to review.  Article VII proceedings are open to participation from New York State agencies, municipalities and local environmental, commercial, planning and community/public interest groups and individuals that have an interest in the project.

There are several ways to participate in the Article VII process, including:

• Request Party Status: Becoming a party to a case enables an individual or group to contribute to the development of a complete record by conducting discovery, submitting testimony, briefs, or other formal written comments, and participating in evidentiary hearings, procedural conferences and other formal events conducted in the case.
  
  Interested groups or individuals can submit a request for party status on-line through the Commission’s www.dps.ny.gov web site by searching for Case 14-T-0360 and clicking the “Request for Party Status” link at the top of the Case page.  Alternatively, a “Request for Party Status Form” can be downloaded from the website (http://tinyurl.com/PSCParticipateForms) or obtained by calling or writing Administrative Law Judge, NYS Public Service Commission, Three Empire State Plaza, Albany, NY 12223-1350, 518-474-4520.  The requestor will be provisionally added to the party list, subject to the right of other parties to object and subject to the determination of the Administrative Law Judge.
  
  
• Join the Service List: Interested persons who wish to monitor the proceedings of a particular case can do so without the formal commitment to become a party to the proceeding.  The persons who subscribe to the service list of a case will receive an e-mail with a direct link to the documents issued by the Commission, such as orders, notices, and rulings.  Persons unable or unwilling to receive such electronic notification will receive hard copies of Commission-issued documents by regular mail.
  
  To register on-line, click on the “Subscribe to Service List” link at the top of the page for Case 14-T-0360.  A “Service List and Mail Service List Request Form” can be downloaded at http://tinyurl.com/PSCParticipateForms and the completed form sent by e-mail to Hon. Kathleen H. Burgess, Secretary at [email protected] or by mail to: Secretary, Public Service Commission, Three Empire State Plaza, Albany, NY 12223-1350.
  
  
• Monitor the Case on the Commission Website: Interested persons who choose not to sign up to receive e-mail notifications can view our website at their convenience to check on the status of a case.  All documents filed by parties, correspondence, hearing transcripts, and documents issued by the Commission in a given case are posted on the website for that case.  In addition, all comments submitted by the public are posted under the ‘public comments’ tab for the case.
  
  
• Provide Comments:  There are opportunities to attend public outreach events to learn about the project and provide comments.   Currently, the Commission is seeking public comment on the application for the Dunkirk project as described above.  The public statement hearings identified in this fact sheet are being held to provide the public with the opportunity to comment on the Project.  In addition to attending the hearings, comments can be provided to the Commission using the following methods:
  
• Via the Internet or In Writing:  Public comments may be submitted electronically to Hon. Kathleen H. Burgess, Secretary, at [email protected], or by mail or delivery to, Secretary Burgess at the Department of Public Service, Three Empire State Plaza, and Albany, New York 12223-1350.  Comments may also be entered directly at the Commission’s webpage.  In the open case, enter comments in the “Post Comments” tab located at the top of the page.  Comments should refer to “Case 14-T-0360 (Dunkirk Natural Gas Pipeline Project).”  Many libraries offer free internet service.
  
• Toll-Free Opinion Line:  Individuals may choose to submit comments by calling the Commission’s toll-free Opinion Line at 1-800-335-2120.  This line is set up to receive comments on pending cases from in-state callers, 24-hours a day.  These calls are not transcribed but a summary is provided to the administrative law judges who will report to the Commission.  Callers should press “1” to leave comments and should refer to “Case 14-T-0360 (Dunkirk Natural Gas Pipeline Project).”

All comments provided through these methods should be submitted no later than November 30, 2014. Comments received through the hearings or the methods listed above will become part of the record considered by the Commission and will be posted for public viewing on the Commission’s website.

If you would like a printable version of our fact sheet regarding Case 14-T-0360, please click here.