New York State Department of Environmental Conservation Intervenes in Hudson River Hydroelectric Project

Strategic Insights -

The New York State Department of Environmental Conservation (NYSDEC) has submitted a document to the Federal Energy Regulatory Commission (FERC) notifying them of their intention to intervene in the Hudson River Hydroelectric Project (Docket No. P-2482-122). As the agency responsible for administering New York State's Environmental Conservation Law, NYSDEC asserts that their participation is in the public interest, as well as in the interest of public health, welfare, and the environment. They cite their expertise and familiarity with the locale of the proposed project and related resources as reasons for their intervention.

Key Takeaways:

  • The New York State Department of Environmental Conservation (NYSDEC) has submitted a Notice of Intervention to the Federal Energy Regulatory Commission (FERC) in the Hudson River Hydroelectric Project (Docket No. P-2482-122).
  • NYSDEC claims that their participation is necessary due to their expertise and familiarity with the locale of the proposed project and related resources.
  • As the agency responsible for administering New York State's Environmental Conservation Law, NYSDEC asserts that their participation is in the public interest, as well as in the interest of public health, welfare, and the environment.
  • NYSDEC cites Clean Water Act § 401 as a basis for their water quality certifications for hydroelectric facilities.
  • Petitioner's resources, expertise, and familiarly with the locale of the proposed project and related resources will be of considerable assistance to the Commission during the course of the above-captioned proceeding.
  • NYSDEC is a State agency charged by law to consider and, upon proper showing, issue water quality certifications for hydroelectric facilities pursuant to Clean Water Act § 401, 33 USC § 1341.

Statistics:

  • 8: number of grounds cited by NYSDEC for their Notice of Intervention: 1) NYSDEC is a duly constituted Department of the Government of the State of New York, 2) the project is located within the State of New York and impacts the natural resources and environment of the State of New York, 3) NYSDEC is the agency of the State of New York responsible for administering New York State's Environmental Conservation Law, 4) NYSDEC is a State agency charged by law to consider and, upon proper showing, issue water quality certifications for hydroelectric facilities pursuant to Clean Water Act § 401, 33 USC § 1341.
  • 2: number of ways NYSDEC's participation will benefit the public interest, as well as the public health, welfare, and environment.
  • 1: number of reasons NYSDEC cites as to why their participation will not disrupt the proceeding.

Sources:

  • New York State Department of Environmental Conservation. (2025, August 26). Notice of Intervention. Retrieved from https://elibrary.ferc.gov
  • Federal Energy Regulatory Commission. (n.d.). Hudson River Hydroelectric Project. Retrieved from https://elibrary.ferc.gov