| Case Name: |
Scarsdale, Village of et al. |
| Program ID Number(s): |
View |
|
Region: |
Region 3 |
| Case Type: |
Permit - Non UPA
|
DEC Office: |
Central Office |
| DEC Program Type(s): |
View |
Statutes/Regulations: |
View |
| SEQR Class: |
|
SEQR Info: |
View |
| Location Address: |
View |
Status: |
Active |
| City/Town & County: |
GREENBURGH, TOWN OF (WESTCHESTER COUNTY) (WESTCHESTER)
SCARSDALE, VILLAGE OF (WESTCHESTER COUNTY) (WESTCHESTER)
WHITE PLAINS, CITY OF (WESTCHESTER COUNTY) (WESTCHESTER)
YONKERS, CITY OF (WESTCHESTER COUNTY) (WESTCHESTER)
|
Decision Document:
|
https://dec.ny.gov/sites/default/files/2024-11/scarsdaled.pdf
|
| ALJ Assigned: |
Oconnell |
|
Referral Date: |
8/22/2016 |
Overview:
Application for fixation of water rates. Petitioners Village of Scarsdale, Suez Water Westchester, Inc., Westchester Joint Water Works, City of White Plains, City of Yonkers and Town of Greenburgh (Upstate Communities) petition challenging the NYC Water Board’s fixation of water rates for entitlement and excess water for fiscal years 2015-2017. Ruling on the Scope of the Department's Jurisdiction to Review and Fix Water Rates issued 4/26/17. Ruling on the Scope of the Department's Jurisdiction to Review and Fix Excess Water Rates issued 2/9/18. Issues conference held on 3/5/19. Ruling on Proposed Issues issued 10/7/19. Appeals pending. Ruling on Department Staff's November 29, 2019 Motion and Order to Compel Disclosure issued October 27, 2022. Interim Decision of the Commissioner issued February 28, 2023. Ruling issued December 1, 2023 on Water Board's August 16, 2023 Motion to Dismiss Petitioner's Proposed Issues for Adjudication. Ruling Granting the Water Board's June 12, 2023 Motion to Dismiss issued on January 5, 2024. Rulings on Petitioners’ Proposed Issues for Adjudication - Entitlement Water Rates for Fiscal Years 2015 and 2016 issued on April 17, 2024. Memorandum issued May 3, 2024. Decision of the Acting Deputy Commissioner issued on July 29, 2024.
Petitioners requested the opportunity to respond to the ALJ’s December 1, 2023 ruling. The ALJ granted the request, and Petitioners filed a response dated February 29, 2024. In a ruling dated April 17, 2024, the ALJ affirmed the December 1, 2023 ruling and granted the Water Board’s motion to dismiss Petitioners’ proposed issues for adjudication. The Commissioner is considering timely filed appeals and replies from the April 17, 2024 ruling.
In a Decision, Order and Judgment, dated August 2, 2024, from Supreme Court, Albany County, Justice David M. Gandin directed the Department to use a “fair and reasonable” standard in reviewing challenges for excess water rates. Decision of the Acting Deputy Commissioner issued on November 8, 2024.
|
|
