Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30

Yesterday MDN brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Dept. of Environmental Conservation–politicized and corrupted by Gov. Andrew Cuomo–and issue permission to commence construction of a very small 7.8 mile pipeline that will connect Millennium to a natural gas-fired power plant now under construction in Orange County, NY (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). According to the law as written, if a state (like NY) does not act on a federal Section 401 Water Quality Certification stream crossing permit for 12 months, FERC has the right to step back in and issue the certificate. It would totally emasculate the corrupt DEC. But hold on. The DEC is once again using sleazy political tactics to try and forestall FERC from taking action. On Tuesday the DEC filed a letter with FERC requesting they hold off on granting Millennium permission to build–based on a technicality. Millennium first filed their application with the DEC 19 months ago. But the DEC says the initial application was “incomplete” and that the completed application, refiled by Millennium, didn’t happen until months later–and if you count the time from the refiled application, the DEC has until August 30th to issue the 401 water permit. And DEC says they will rule by or on August 30th. In a somewhat comical typographical error, the final paragraph of the DEC letter to FERC begins this way: “For the above reasons, I respectfully urge the Director of OEP to deny Millennium’s Request, or, alternatively, place the Request in abeyance until August 31, 3017…” Did you catch that? August of “3017.” Freudian slip? We’re sure the DEC would love FERC to delay a decision for another 1,000 years…

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