NY Judge Overrules DEC, Allows Gas-Fired Plant to Start Up

A new hope has emerged for Competitive Power Ventures (CPV) Valley Energy Center, a $900 million, 680-megawatt natural gas-fired electric generating plant in Orange County, NY. Last week MDN told you that at the last minute, four days before the plant was set to start up, the Andrew Cuomo-corrupted Dept. of Environmental Conservation (DEC) pulled the ultimate dirty trick and refused to renew an air permit for the plant they previously issued five years earlier (see Cuomo Strikes Again: Blocks Completed Gas-Fired Plant from Starting). The DEC now says the plant will need a different (federal) air permit before it can start up, effectively blocking it. As we told you in a followup article, the DEC’s dirty trick left CPV with three options (see 3 Options for Blocked NY Marcellus-Fired Electric Plant). Option #2 in our list was to ask a judge to overturn the DEC’s decision (our preferred option). CPV exercised that option and yesterday the judge agreed and shut down DEC’s ability to stop the plant from starting up, which will now happen this week or early next week. Great news! However, the judge’s order is temporary, while a larger lawsuit works its way through the court system. In the meantime, CPV will start the plant, a victory for the good guys. The best part? PA Marcellus fracked gas will feed it…

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