Petition of CPV Valley, LLC - Certificate of Public Convenience and Necessity Pursuant to Section 68 of the Public Service Law.

PSC Seeking Public Comments
The New York State Public Service Commission (Commission) held a public statement hearing followed by a procedural conference in response to CPV Valley, LLC’s request for a Certificate of Public Convenience and Necessity Pursuant to Section 68 of the Public Service Law. Prior to the public statement hearing, the public had an opportunity for informal discussion with Staff of the NYS Department of Public Service and with representatives of CPV Valley, LLC. During the public statement hearing, members of the public had an opportunity to present their comments before an Administrative Law Judge. During the procedural conference, parties to the proceeding addressed matters related to any further process steps and scheduling necessary to complete the record of the proceeding.

The Public Statement Hearing was held on February 25, 2014 at the Orange County Community College Library in Middletown, NY.

All statements transcribed at the public statement hearing and all other comments received by the Commission become part of the record, and are reported to the Commission for its consideration.  All such comments are posted for public viewing on the Commission’s website, at www.dps.ny.gov.

Petition
CPV Valley, LLC has filed with the Public Service Commission a petition dated October 12, 2010, and supplemented as of November 19, 2013, seeking approval and a certificate of authority to own, operate and begin construction of electric plant as an electric corporation regulated by the Commission.  CPV Valley, LLC is a limited liability company formed under the laws of the State of Delaware. CPV Valley, LLC is proposing to own, operate and construct the CPV Valley Energy Center, a 630 MW electric generating facility on a 122 acre site in the Town of Wawayanda, New York.  The facility will sell its electrical output exclusively at the wholesale level and will not be a retail provider. The project has been reviewed under the State Environmental Quality Review Act by the Planning Board of the Town of Wawayanda, as Lead Agency. The Lead Agency accepted a Final Environmental Impact Statement on February 8, 2012, and adopted a Findings Statement on May 23, 2012. Under New York State Public Service Law Section 68, the Commission must consider whether granting such authority is necessary or convenient for the public service. In that regard, the Commission must consider whether the charter of such corporation is adequate and whether CPV Valley, LLC has received any required consents of the proper municipal authorities.

Additional details are set forth in the petition, which is available on the Commission’s Web site. The Commission may approve, approve with changes, or reject CPV Valley LLC’s petition in whole or in part. 

Other Methods for Commenting on the Case
• Via the Internet or In Writing: Those who cannot or do not wish to attend a public statement hearing may submit comments 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, Albany, New York 12223-1350.  Comments may also be entered directly into the case by following this link. Comments should refer to “Case 10-E-0501 – Petition of CPV Valley, LLC.”  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 in-state calls 24-hours a day.  Callers should press “1” and select the choice for electric to leave comments about “Case 10-E-0501 – Petition of CPV Valley, LLC.”

Comments submitted via these alternative means are requested by February 26, 2014.

Click here for a copy of the fact sheet.