NY State Examining Judges Deliver Recommendation to the New York State Board on Electric Generation Siting Relating to the AES Somerset Power Plant Landfill

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The Town of Somerset, New York, fully supports this recommendation with the hope that this will end years of litigation by AES relating to the AES Somerset power plant landfilling of ammoniated fly ash.

New York State's examining judges published a Recommended Decision to the New York State Board on Electric Generation Siting and the Environment. This recommendation will go to the full NY State Siting Board for a final decision relating to landfilling of fly ash at the AES Somerset power plant.

    The Town has accepted the Recommended Decision, and the NY State Department of Environmental Conservation (DEC) likely will follow. It is unknown what action AES will take as the Recommended Decision recommends the Siting Board apply DEC Part 360 environmental regulations to all AES Somerset Landfills, as required by State law.

The Town of Somerset supports this recommendation. The recommendation approves AES Somerset's request to landfill ammoniated fly ash in a new landfill (Solid Waste Disposal Area II). The recommendation also requires that AES comply with New York State Environmental Law, with oversight by the NY State DEC.

If AES Somerset and the NY State Siting Board accept the examining judges' recommendation, years of litigation relating to the landfilling of ammoniated fly ash at the AES Somerset power plant will end. If AES rejects the Recommended Decision, the issue will return to litigation.

A complete copy of the Recommended Decision is available to view and download at the Town of Somerset website at http://www.somersetny.org/landfill.

This is in reference to the New York State Board on Electric Generation Siting and the Environment, Case 04-F-1178: "Petition of AES NY, L.L.C. for Clarification or Amendment of the Certificate of Environmental Compatibility and Public Need Issued December 9, 1978, in Case 80002, as Amended, filed in Case 80002."

For more information, visit the New York State Department of Environmental Conservation Docket Management website: http://www.dec.state.ny.us/cfmx/extapps/docket/index.cfm?p=live_case&case_id=2825

To view all documents filed in this case at the New York State Public Service Commission website and search for case 04-F-1178.

A complete copy of the Recommended Decision is available to view and download at the Town of Somerset website at http://www.somersetny.org/landfill.

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Ed Shoemaker, Esq.
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