CPV began initial testing in February, using diesel. The plant is
designed to run on natural gas. (file photo)
ALBANY – A State Department of Environmental Conservation order stopping The CPV power plant in Wawayanda from testing 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.”
She said CPV “chose to build at their own risk knowing full well that there was widespread opposition and pending litigation.” Malick also said “testimony at the trial of former Cuomo aide, Joseph Percoco indicated that the company president was aware of the illegal quid-pro-quo bribery scheme that led to Percoco’s conviction and the subsequent guilty plea of CPV executive Peter Braith Kelly.”
