ML12334A527

Official Exhibit - NYS000075-00-BD01 - NYS PSC, PSC Correspondence, Case No. 06-T- 0650,(Issued Apr. 21, 2009) (April 2009 NYS PSC Correspondence)

ML12334A527
Person / Time
Site:	Indian Point
Issue date:	04/21/2009
From:	Brilling J State of NY, Dept of Public Service
To:	Singer L Couch, White, LLP, NRC/SECY
SECY RAS
References
RAS 21536, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML12334A527 (2)

Text

United States Nuclear Regulatory Commission Official Hearing Exhibit In the Matter of

Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3)

ASLBP #:07-858-03-LR-BD01 Docket #:05000247 l 05000286 Exhibit #:

Identified:

Admitted: Withdrawn:

Rejected: Stricken: Other: NYS000075-00-BD01 10/15/2012 10/15/2012 NYS000075 Submitted: December 14, 2011

"¥" I:! " ¢ 0 : '?i '1"'/1; & ? ****-'" STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350 PUBLIC SERVICE COMMISSION GARRY A. BROWN Chairman PATRICIA L. ACAMPORA MAUREEN F. HARRIS ROBERT E. CURRY JR. JAMES L. LAROCCA Commissioners Leonard H. Singer, Esq. Couch White LLP 540 Broadway P.O. Box 22222 Albany, New York 12201 Internet Address: http://www.dps.state.ny.us April 21, 2009 PETER McGOWAN General Counsel JACL YN A. BRILLING Secretary RE: Case 06-T -0650 -Application of New York Regional Interconnect, Inc. for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII for a high voltage direct current electric transmission line running between National Grid's Edic Substation in the Town of Marcy, and Central Hudson Gas & Electric's Rock Tavern Substation located in the Town of New Windsor.

Dear Mr. Singer:

At its session of April 21, 2009, the Public Service Commission reviewed your correspondence of April 6 and 8, 2009, notifying of the withdrawal of the petition of New York Regional Interconnect (NYRI) for a certificate under Article VII of the Public Service Law. The withdrawal follows a Federal Regulatory Commission (FERC) denial of a NYRI rehearing petition with respect to study processes of the New York Independent System Operator (NYISO).l The Commission has also reviewed correspondence from other parties variously seeking a declaration that the NYRI application is no longer pending, withdrawal of the application with prejudice, the striking of various NYRI testimony/exhibits, and a denial of the application on the merits. Given the timing of, and basis for, the withdrawal, the advanced state of the proceeding, and the likely prejudice to other parties of a withdrawal of the application without prejudice, the Commission treats your request as one to withdraw the petition, grants the withdrawal request, with prejudice, and dismisses the application.

Any future pursuit of the 1 FERC Docket No. OA08-52-003, New York Independent System Operator, Inc., Order on Rehearing, 126 FERC 320 (Issued March 31, 2009). OAGI0001115_00001 Leonard H. Singer, Esq. Page Two April 21, 2009 NYRI project should be done through the filing of a new application complying with all Commission requirements effective as of the date of that application.

This disposition of your correspondence moots the other parties' requests for a decision on the merits and resolution of evidentiary issues. Accordingly, the petition in this matter is withdrawn with prejudice, the application is dismissed and this proceeding is closed. cc: Active Parties By direction of the Commission, Jaclyn A. Brilling Secretary OAGI0001115_00002