STATE OF NEW YORK
OFFICE OF THE NEW ENERGY SITING
INDICATED* TRANSLATED NOTICE OF DRAFT PERMIT CONDITIONS, PUBLIC COMMENT PERIOD AND PUBLIC COMMENT HEARING, AND INITIATION OF ISSUES DETERMINATION PROCEDURE
candidates: Moraine Photo voltaic Power Heart, LLC
c/o EDF Renewables Growth, Inc.
26556 Innovation Drive
San Diego, CA 92128
Facility Location: Burns is a metropolis in Allegany County
Counsel for the Applicant: James A. Muscato, II
Younger / Sommer LLC
Government Woods, 5 Palisades Drive
Albany, NY 12205
ORES DMM Matter No.: 22-00024
Facility Description: The applicant utilized to the New York State Workplace of Renewable Power Siting (Workplace or ORES) for a allow pursuant to Government Legislation § 94-c to assemble and function a 94 megawatt (MW) photo voltaic power facility positioned within the City of Burns, Allegany County.
The applicant filed the appliance with the Workplace on March 15, 2022. A discover of the finished software was issued on September 13, 2022, and might be accessed at https://ores.ny.gov/permit-applications , click on on Undertaking DMM Matter Quantity 22-00024, merchandise no. 45.
ORES employees revealed the draft allow circumstances on November 14, 2022. The draft allow circumstances might be accessed at https://ores.ny.gov/permit-applications, click on on Undertaking DMM Matter Quantity 22-00024.
ORES Employees Place: In issuing the draft allow circumstances, ORES employees took the place that the proposed facility, together with the uniform and site-specific requirements and circumstances contained within the draft allow, would adjust to the relevant legal guidelines and rules. ORES employees recommends that the Workplace select to not apply, in complete or partially, any native regulation or ordinance that as utilized to the power is unreasonably burdensome in gentle of the Local weather targets. Management and Group Safety Act and the environmental advantages of the proposed facility.
Public Remark Listening to: A public remark listening to pursuant to 19 NYCRR half 900 to listen to and obtain unsworn feedback from the general public can be held at American Legion, 83 West Major Road, Canaseraga, NY 14822 on Wednesday, January 18, 2023at 6:00 p.m.
All individuals, organizations, companies, or authorities businesses which may be affected by the power are invited to attend the listening to and touch upon the draft allow software and circumstances. Lengthy feedback won’t be accepted and should be submitted in writing. Equal weight can be given to oral and written feedback. To make sure that all individuals have a possibility to talk, the Administrative Legislation Choose (ALJ) might restrict the time accessible for oral feedback to 3 (3) minutes per individual. The general public remark listening to can be transcribed for inclusion within the administrative report.
The listening to location is fairly accessible to individuals with mobility impairments. Interpreter providers shall be accessible to the deaf, and English language interpreter providers shall even be accessible, with out cost for any service, upon written request to Chief ALJ James T. McClymonds, Workplace of Renewable Power Siting, Empire State Plaza, P -1 South, J Dock, Albany, NY 12242, (518) 473-4583, [email protected]. All requests should be obtained no later than 4:00 pm on Wednesday, January 4, 2023.
Whether it is essential to cancel, reschedule, postpone, or maintain an in-person public remark listening to, notification of any change could also be obtained on the ORES web site at https://ores.ny.gov.
Written Public Feedback: Written feedback concerning the software and the draft circumstances of the allow should be submitted to ORES by 5:00 pm on Thursday, January 19, 2023. Individuals submitting written feedback are strongly inspired to publish their feedback within the Division of Public Service’s (DPS’s) Doc and Matter Administration (DMM) system. To publish a remark, go to https://ores.ny.gov, click on on “Allow Purposes,” click on on Undertaking DMM Matter Quantity 22-00024, and click on on “Submit Feedback” on higher proper aspect of the display screen.
Written feedback may additionally be emailed to ORES at [email protected] or despatched to the Workplace of Renewable Power Siting, Empire State Plaza, P-1 South, J Dock, Albany, NY 12242. Written feedback can be handled the identical as oral statements given on the public remark listening to, offered it’s postmarked at Thursday, January 19, 2023or e-mailed or posted to DMM by 5:00 pm on that date.
Process for Willpower of Points: Pursuant to 19 NYCRR 900-8.3(b), a pre-adjudicatory points willpower process can be carried out by the appointed ALJs. The process shall be carried out solely in papers and briefings except the ALJs, within the discretion of the judges, decide that oral argument is critical. The aim of the problems convention is to find out celebration standing for any individual or group that has correctly filed a petition (as proven beneath), and to determine and clarify points. , if any, which might require adjudication of this matter. Participation within the technique of figuring out points is restricted to ORES employees, candidates, and people individuals or organizations requesting celebration standing.
Submitting for Get together Standing and Proposed Points: Individuals aspiring to take part within the difficulty willpower course of and any subsequent adjudicatory listening to should register with the DMM and file a written petition clarifying whether or not their request is for full celebration standing or amicus standing. . For required contents of petitions for good celebration standing, see 19 NYCRR 900-8.4(c)(1) and (2). To find out whether or not a problem is substantive and important, see 19 NYCRR 900-8.3(c)(2) and (3). For the required content material of a petition in search of amicus standing, see 19 NYCRR 900-8.4(c)(1) and (3). Petitioners may additionally file written briefs making arguments in assist of their petitions.
All petitions requesting celebration standing and briefs in assist should be E-Filed within the DMM no later than 4:00 pm on Friday, January 20, 2023. Directions for registering DMM and E-Submitting paperwork might be discovered at: https://www3.dps.ny.gov/W/PSCWeb.nsf/All/CC256BE982C58CF785257687006F39CE?OpenDocument.
Tackle all petitions to Hon. Daybreak MacKillop-Soller, Administrative Legislation Choose, New York State Workplace of Renewable Power Siting, Empire State Plaza, P-1 South, J Dock, Albany, NY 12242, telephone: (518) 473-4590, e-mail: [email protected]; and Hon. Henry James Joseph, Administrative Legislation Choose, New York State Workplace of Renewable Power Siting, Empire State Plaza, P-1 South, J Dock, Albany, NY 12242, telephone: (518) 473-4590, e-mail: [email protected].
On the identical time the petitions and briefs are E-Filed within the DMM, a replica of all papers should be emailed to the ALJs on the e-mail tackle above, and offered to the applicant Moraine Photo voltaic Power Heart, LLP lawyer, James A. Muscato, II, Younger / Sommer LLC, 5 Palisades Drive, Suite 300, Albany, NY 12205, (518) 438-9907, [email protected]; and to ORES on the Workplace of Renewable Power Siting, Empire State Plaza, P-1 South, J Dock, Albany, NY 12242, (518) 473-4590, [email protected]. Service of petitions and briefs by e-mail is permitted offered they’re obtained by all events above and by the ALJs by the 4:00 pm deadline.
Any questions relating to submitting necessities or different listening to procedures could also be addressed to Chief ALJ James T. McClymonds by phone at (518) 473-4583. ORES rules might be discovered at https://ores.ny.gov/rules.
Assertion of Compliance with Native Legal guidelines and Laws: Any municipality, political subdivision or an company thereof that receives discover of submitting an software shall file a press release indicating whether or not the proposed facility is designed to be positioned, constructed and operated in compliance with relevant native legal guidelines and rules efficient as of September 13, 2022, if any, relating to the setting, or public well being and security. The assertion should be filed and served by 4:00 pm on Friday, January 20, 2023, in the identical method as petitions for celebration standing. Any municipality, political subdivision, or an company thereof proposing to settle any difficulty associated to the power’s compliance with native legal guidelines and rules shall file a petition for celebration standing as as offered in 19 NYCRR 900-8.4(c) and embody a press release of compliance with native legal guidelines and rules.
Applicant’s Assertion of Points: Not later than 4:00 pm at Friday, January 20, 2023, The applicant shall file and serve on ORES employees and the ALJs a press release of the problems the applicant intends to boost in reference to any Workplace willpower, and spot of assist. The applicant should serve the assertion of points and briefs to the individuals who filed petitions for celebration standing inside 5 (5) days of such submitting. For the required content material of the applicant’s assertion of points, see 19 NYCRR 900-8.4(b)(1).
Responsive Briefing and Response to Feedback: Not later than 4:00 pm on Monday, February 6, 2023, ORES employees might file and serve a response to any petition for celebration standing, any assertion of points to the applicant, and the assertion of compliance with native legal guidelines and rules. On the identical deadline, the applicant might file and serve a response to any petition for celebration standing or assertion of compliance with native legal guidelines and rules. As well as, the applicant will file and serve on ORES employees a response to the general public feedback obtained throughout the public remark interval, together with any further data.
Doc Availability: Copies of all software supplies and draft allow circumstances can be found for inspection on the workplace of the Albany Workplace throughout regular enterprise hours: Contact the Workplace of Renewable Power Siting, WA Harriman Campus, Constructing 9, 4th Ground, 1220 Washington Avenue, Albany, NY 12227, (518) 473-4590, [email protected] Digital copies can be found at https://ores.ny.gov/permit-applications, click on on Undertaking DMM Matter Quantity 22-00024.
Copies of all software supplies are additionally accessible at:
Necessary Membership Free Library City of Burns – City Corridor
11 Pratt Road 87 Major Road
Canaseraga, NY 14822 Canaseraga, NY 14822
Statutory and Regulatory Provisions: The applying was processed and this continuing was carried out in accordance with Government Legislation § 94-c and 19 NYCRR half 900.
James T. McClymonds
Chief Administrative Legislation Choose
November 29, 2022
Albany, New York
* This discover corrects the discover issued on November 14, 2022, and revealed on November 25, 2022. This discover corrects (1) the spelling of Allegany County, and (2) the tackle for Burns City Corridor. No different modifications have been made.
