ALBANY – The CPV power
plant in Wawayanda, which saw the State Department of Environmental Conservation
order it to stop testing because its air quality permit had expired, has
been overruled by the State Supreme Court.
Acting Justice Roger McDonough in Albany ruled that the DEC is immediately
enjoined, retrained and prohibited from enforcing its August 1 order to
cease testing and may not impose any fines, penalties, levies, criminal
charges or anything else against CPV Valley for operation of the plant
after July 31.
The DEC has until September 14 to respond to the court order.
“We are gratified by the court’s decision and look forward
to restarting the commissioning process as soon as possible,” said
CPV Senior Vice President Tom Rumsey. “As we have stated from the
beginning, we continue to meet or exceed every regulatory and legal requirement
necessary to responsibly meet New York’s energy goals.”
He said CPV looks forward to working with the DEC “in a productive
manner as we work through remaining steps to becoming fully operational.
The CPV Valley Energy Center will lower energy costs, improve reliability,
help expand renewables while reducing regional carbon emissions.”
Pramilla Malick, leader of the CPV opposition group Protect Orange County,
said her group is “an interested party in the CPV matter before
the administrative law judge as well as before the State Supreme Court
in Albany and intends to oppose any attempt by CPV to recommence operations.”