Respectfully submitted,
Georgia Carter
Vice President and General Counsel
Millennium Pipeline Company, L.L.C.
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Millennium Pipeline Co., L.L.C., 157 FERC 61,096 (2016) (Order).
www.millenniumpipeline.com
Attachments
Stephan A. Ryba
Chief, Regulatory Branch
Department of the Army
U.S. Army Corps of Engineers, New York District
Jacob K. Javits Federal Building
26 Federal Plaza
New York, NY 10278-0090
We are in receipt of your letter dated October 16, 2017 (Letter), regarding Millennium
Pipeline Company, L.L.C.s (Millennium) Valley Lateral Project (Project). The Valley
Lateral Project was approved by the Federal Energy Regulatory Commission (FERC) on
November 9, 2016. On May 11, 2017, the New York District of the U.S. Army Corps of
Engineers (Corps) confirmed the applicability of the nationwide general permit 12 (NWP
12) for the Project.
In the Letter you state that your office understands that a disagreement exists between
Millennium and FERC, on one side, and the State of New York and opponents of the Project, on
the other side, regarding the question of whether the State of New York can be considered to
have waived its authority in the issue of water quality certification under Section 401 of the
Clean Water Act (33 U.S.C. 1341), for this project. Your letter further states that the Corps
does not endorse the position taken by either side of this dispute and would prefer to allow the
parties involved in the dispute to resolve this legal question. Should the Federal Court resolve
this legal question, the Corps would abide by whatever final determination the Federal Courts
make in this case.
On September 15, 2017, FERC issued a Declaratory Order Finding Waiver Under
Section 401 of the Clean Water Act finding that the State of New York, by failing to act within
the one-year timeframe required by the [Clean Water Act], waived its authority to issue or deny a
water quality certification. Millennium Pipeline Company, L.L.C., 160 FERC 61,065 (2017).
While rehearing requests have been filed at FERC, such requests do not stay the effectiveness of
a Commission order and this issue is not currently before a Federal Court.
www.millenniumpipeline.com
It is Millenniums understanding based on subsequent phone calls that the Letter is
intended to maintain the status quo under which FERC has made a waiver determination that the
Corps will accept unless or until FERCs determination is reversed by a Federal Court. Based on
this understanding, Millennium has met all the requirements of NWP 12. Millennium intends to
advise FERC that it has met such requirements and that Millennium may proceed with
construction of the Project. Millennium recognizes that the impacts of any reversal of FERCs
waiver determination would be addressed at the time of any such reversal.
If you have a different understanding of the Letter or if you have any questions please
contact me at 845-620-1300.
Respectfully submitted,
www.millenniumpipeline.com
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CERTIFICATE OF SERVICE
C.F.R. 385.2010 (2016), I hereby certify that I have this day served the foregoing
document upon each person designated on the official service list compiled by the