New York State Department of Environmental Conservation Intervenes in Hydroelectric Project

Strategic Insights -

The New York State Department of Environmental Conservation (NYSDEC) has submitted a Notice of Intervention in the Federal Energy Regulatory Commission (FERC) proceeding for the Station 5 Hydroelectric Project, citing concerns over potential environmental impacts. As a duly constituted department of the State of New York, NYSDEC asserts its authority to administer New York State's Environmental Conservation Law and analyze environmental impacts of hydroelectric projects.

Key Takeaways:

  • The NYSDEC has intervened in the Station 5 Hydroelectric Project (Docket No. P-2583-085) to address potential environmental concerns.
  • The agency asserts its authority to consider and issue water quality certifications for hydroelectric facilities pursuant to the Clean Water Act, citing its expertise and familiarity with the locale of the proposed project.
  • NYSDEC's participation is deemed in the public interest, as well as in the interest of public health, welfare, and the environment.
  • Granting NYSDEC party status is not expected to disrupt the proceeding, and existing parties will not be prejudiced by its intervention.
  • The agency requests the right to notice of and an opportunity to appear at all hearings in the proceeding, to produce evidence and witnesses, cross-examine witnesses, and be heard by counsel or other representatives.
  • Andrew Brunner, an Environmental Analyst with NYSDEC, and Jessie Shaw, Esq., a Senior Attorney, are the designated representatives on the Service List.

Statistics:

  • The Station 5 Hydroelectric Project is located in the State of New York and impacts the state's natural resources and environment.
  • The project is subject to FERC Docket No. P-2583-085.
  • The NYSDEC's Office of General Counsel is located at 47-40 21st Street, 4th Floor, Long Island City, NY 11101, Tel: (718) 482-4089, and jessie.shaw@dec.ny.gov.
  • The FERC Service List has been updated to include Jessie Shaw, Esq., and Andrew Brunner as NYSDEC representatives.

Sources:

  • Washington: New York State Department of Environmental Conservation has submitted the following document to the Federal Energy Regulatory Commission: Office of General Counsel 625 Broadway, 14th Floor, Albany, NY 12233-1500 | dec.ny.gov | (518) 402-9185
  • December 31, 2025 - Integrated Safety Management (ISM) for Crude Oil Blending (Federal Register / Vol. 83, No. 52 / Thursday, March 22, 2018 / Proposed Rules) ( fercregulations.org )
  • United States Code 33 USC 1341 ( Cornell Law School )
  • New York State Department of Environmental Conservation (NYSDEC) ( dec.ny.gov )