Case Name: |
Scarsdale, Village of et al. (2020 & 2022) |
Program ID Number(s): |
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Region: |
Region 3 |
Case Type: |
Permit - Non UPA
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DEC Office: |
Central Office |
DEC Program Type(s): |
View |
Statutes/Regulations: |
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SEQR Class: |
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SEQR Info: |
View |
Location Address: |
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Status: |
Closed |
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)
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Decision Document:
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ALJ Assigned: |
MacPherson |
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Referral Date: |
2/28/2022 |
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 2020 and 2022.
By letter dated February 12, 2020, counsel for Petitioners requested an administrative hearing before the Department to consider the rates charged by the New York City Water Board for entitlement and excess water to upstate users. Two attachments are enclosed. Attachment 1 is partial copy of the Water Board’s minutes and resolution dated June 14, 2019, setting the rates effective July 1, 2019 (FY 2020). Attachment 2 is a copy of Resolution No. 124-2019 by the City of Yonkers, signed by the Mayor on December 17, 2019, authorizing a review of the FY 2020 water rates, among other things.
With a cover letter dated February 10, 2022, counsel for Petitioners filed a joint petition, dated February 14, 2022 (sic), and requested an administrative hearing before the Department to consider the rates charged by the NYC Water Board for entitlement and excess water to upstate users for FY 2022.
With a motion dated June 12, 2023, the Water Board moved, among other things, to dismiss Petitioners’ petitions concerning water rates for FYs 2020 and 2023. Department staff filed a letter dated July 31, 2023 in support of the Board’s motion. The Carmel entities filed a response dated June 22, 2023, opposing the Board’s motion. Petitioners filed documents with an email dated June 12, 2023, and a response to the Board’s motion dated August 17, 2023. Petitioners oppose the Board’s motion.
The ALJ issued a ruling dated January 5, 2024, that granted the Board’s motion, and dismissed Petitioners’ petitions concerning water rates for FYs 2020 and 2022. Petitioners filed an appeal dated January 16, 2024. The Water Board filed a reply dated March 20, 2024. With a Decision dated July 29, 2024, the Acting Deputy Commissioner affirmed the ALJ’s ruling, and dismissed the petitions concerning the water rates for FYs 2020 and 2022.
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