5/22/13 N.Y. St. Reg. PSC-21-13-00007-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering whether to accept, reject or modify of New York American Water, Inc.'s petition for approval to grant an easement to the U.S. Navy for the construction of a water treatment facility at NYAW's Seaford property.
Statutory authority:
Public Service Law, section 89-h
Subject:
Approval of an easement to allow the U.S. Navy to construct a water treatment facility at NYAW's Seaford property.
Purpose:
To approve, reject or modify an easement to allow the U.S. Navy to construct a water treatment facility at NYAW's Seaford property.
Substance of proposed rule:
The Commission is considering whether to approve or reject in whole or in part or modify a request sought in a petition filed by New York American Water, Inc. (NYAW) for authorization under Public Service Law § 89-h to grant an easement for part of its Seamans Neck Road property in Seaford, NY, to the United States Navy (Navy) for the construction of a water treatment facility.
The Navy has taken responsibility for a toxic groundwater plume originating a Bethpage facility operated on the behalf of the Navy since the 1930s. The pollutant trichloroethene (TCE), below the Department of Health’s minimum level, has been detected in the water at NYAW’s Seaford facility since 2006. The Navy has installed a temporary remediation facility but federal law requires the Navy to possess a property interest in the land before it can construct a permanent facility.
NYAW has petitioned the Commission to approve the granting of an easement to the Navy for no cost, so that a permanent treatment facility can be constructed. The proposed easement would last for 50 years or until regulatory agencies determine the facility is no longer required.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2659, email:
Deborah.Swatling@dps.ny.govData, views or arguments may be submitted to:
Jeffrey C. Cohen, Acting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 408-1978, email:
secretary@dps.ny.govPublic comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
