PSC-27-13-00007-EP Approval of an Easement to Allow the U.S. Navy to Construct a Water Treatment Facility at NYAW's Seaford Property

7/3/13 N.Y. St. Reg. PSC-27-13-00007-EP

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 27

July 03, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-27-13-00007-EP

Filing Date. Jun. 13, 2013

Effective Date. Jun. 13, 2013

Approval of an Easement to Allow the U.S. Navy to Construct a Water Treatment Facility at NYAW's Seaford Property

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

The Public Service Commission adopted an order approving, on an emergency basis, the petition on behalf of New York American Water Company, Inc. requesting approval of transfer of a property easement to the United States Department of the Navy.

Statutory authority:

Public Service Law, section 89-h

Finding of necessity for emergency rule:

Preservation of public health and general welfare.

Specific reasons underlying the finding of necessity:

This action is taken on an emergency basis, under Public Service Law § 89-h, for an easement from New York American Water, Inc. (NYAW) to the United States Navy (Navy) for the company’s property on Seaman’s Neck Road in Seaford, NY. The easement will provide the Navy with sufficient interest in the property to construct a permanent treatment facility for the removal of the pollutant trichloroethene (TCE), which originated from a nearby Navy industrial site, from the groundwater.

NYAW states that construction must begin before the expiration of the 45 day comment period to ensure the permanent treatment facility is completed before the advent of cold weather for the following reasons: construction during the winter will increase the cost of the project; delay in construction will jeopardize availability of funds budgeted for the project; and temporary facilities in place are not winterized, which will potentially result in ratepayers being exposed to untreated water in the winter months. Emergency adoption is therefore justified because it will protect the public health and general welfare.

Subject:

The approval of an easement to allow the U.S. Navy to construct a water treatment facility at NYAW's Seaford property.

Purpose:

To approve an easement to allow the U.S. Navy to construct a water treatment facility at NYAW's property.

Substance of emergency/proposed rule:

The Public Service Commission adopted an Order approving, on an emergency basis, 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.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire September 10, 2013.

Text of rule may be obtained from:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jeffrey C. Cohen, Acting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Public 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(13-W-0194EP2)