# NIXON PEABODY LLP ATTORNEYS AT LAW Omni Plaza, Suite 900 30 South Pearl Street Albany, New York 12207-3497 (518)427-2650 Fax: (51,8) 427-2666
Richard M. Cogen Direct Dial: (518)427-2665 E-Mail: [email protected]
October 17, 2001
VIA HAND DELIVERY
Hon. William Bouteiller Presiding Examiner NYS Department of Public Service Three Empire State Plaza Albany, NY 12223-1350
RE: Case 97-F-2162 - Application by PSEG Power New York, Inc. for a Certificate of Environmental Compatibility and Public Need to Construct and Operate a 750 Megawatt Natural Gas-Fired Combined Cycle, Combustion Turbine Generating Facility in the Town of Bethlehem, Albany County
Dear Judge Bouteiller:
Enclosed please find Affidavits of Publication of the Siting Board notice pertaining to the above-mentioned application. The notices were published by PSEGNY as follows:
On September 16, 2001 in the Times Union; On September 16, 2001 in the Troy Record; On September 19, 2001 in the News Herald; On September 19, 2001 in the Spotlight; and On September 24, 2001 in the Capital District Business Review.
A26589.1
ALBANY, NY • BOSTON, MA • BUFFALO, NY • GARDEN CITY, NY • HARTFORD, CT • MANCHESTER, NH • MCLEAN, VA • NEW YORK, NV • PROVIDENCE, Rl • ROCHESTER, NY • WASHINGTON, DC NIXONKPEABODY LLP
Judge Bouteiller October 17, 2001 Page 2
Please note that the Affidavit of Publication for the Times Union is a copy. The original Affidavit of Publication was provided to Judge Garlick with the DEC Notices published on September 18 and 19, 2001.
Sincerely yours,
Richard M. Cogen
cc: Active Party Service List
A26589.1 * *•
A. D. COOPER C. A. FLEMING
of the City of Albany, being duly sworn, says that he/she is Principal Clerk of The TIMES UNION, a daily newspaper printed in the County of Albany, Town of Colonie and Published in the County of Albany, Town of STATE of NEW YORK Colonie and the City of Albany, aforesaid and that notice of which a printed copy is annexed, has been regularly ss: published in the said ALBANY TIMES UNION,_2_ times a week for P successive weeks, 3 times City and County of Albany commencing on the^pL day of firPf , IdCQ I .
k Also rt^A /fA< y; A ^a\
Sworn to before me, this^? /K dayofi^hdayofi^/h, ^.L.
NABEEL8HOHATEE Notary Public Jwwy PuKIc, State of New Ywk Albany County Ouallfled in Sctejnectady Courrtv Rom^u^!0- No- 018HS061536 ' conwnleston Expires Nov-rr,^-§ (f) NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT
SEPTEMBER 5, 2001 PUBLIC COMMENTS INVITED ON PSEG POWER NEW YORKINC. APPLICATION TO CONSTRUCT AND OPERATE A 750 MEGAWATT NATURAL GAM1RED COMBINED CYCLE COMBUSTION TURBINE GENERATING FACILITY IN THE TOWN OF BETHLEHEM, ALBANY COUNTY The New York State Board on Electric Generation Siting and the Environment will hold a hearing before Presiding Examiner William Bouteiller, and Associate Examiner P. Nicholas Garlick, for public comment on the PSEG Power New York Inc. application to construct a 750 Megawatt natural gas-fired combined cycle generating facility in the Town of Bethlehem, Albany County, as follows: Delmar, Wednesday, October 17, 2001 - 1 p.m. and 7 p.m. Bethlehem Town Hall - Auditorium 445 Delaware Avenue Each hearing will remain open for at least one hour and continue until all persons wishing to comment have been heard or other arrangements are made. The hearings are for the purpose of receiving unsworn statements of members of the public regarding this application. A verbatim transcript will be prepared. The Board ultimately may grant or deny the PSEG Power New York application, or amend the proposed conditions presented by the applicant. It is not necessary to make an appointment in advance or to present written material in order to speak. Speakers will be called after completing a card requesting time to speak at the time of the hearing. Persons not wishing to speak may nevertheless comment in writing by mailing their statements to Secretary Janet Hand Deixler at the offices of the Public Service Commission, Three Empire State Plaza, Albany, New York 12223-1350. Both written and oral statements will be considered in the Siting Board's review process. Disabled persons requiring special accommodations should contact the Compliance Officer at (518) 473-8869 (or, for a sign language interpreter, call (212) 290-4292) at least one week in advance. « This matter is being heard in Case 97-F'2162 -Application by PSEG Power New York Inc. for a Certificate o/Environmental Compatibility and Public Need to Construct and Operate a 750 Megawatt Natural Gas-Fired Combined Cycle, Combustion Turbine Generating Facility in the Town of Bethlehem, Albany County. The hearing is being held contemporaneously and on a joint record with the related New York State Department of Environmental Conservation (NYSDEC) proceedings concerning the environmental permits needed for the proposed facility. The NYSDEC matters are being heard in DEC #4-0122-00044/00021. Janet Hand Deixler Secretary ^PRfigation of a car accident, police his departure from the Republican Party. "As we come to terms • No charges had been with the immense scope of •led and no one was the terrorist attacks and the mured in the one-car search for those responsi- mccicfent Wednesday ble, we must come together ,-•«. flight Cmdr. David Early as one nation at this time," •of #& Romulus Police Jeffords, whose book was IDepartment said Friday. scheduled to come out this I B eeth, who lives in Los month, said in a statement. I Angeles, has starred in It will now be released in I television's "Baywatch" November. -»%--• and "Nash Bridges." Con- According to the Simon Jeffords tacted Friday, an assistant Bleeth & Schuster catalog, Jef- for pieeth agent Larry fords will explain in his book "why he was con- Taube said he had not heard about her arrest vinced that his party had moved away from the an^l declined further comment. center and from his own fundamental beliefs." Early said Bleeth, accompanied by a male Meanwhile, Anne Rice has canceled her tour passenger, drove off Interstate 94 and onto the for "Blood and Gold," her latest "Vampire Chroni- froeway's median strip. cle" novel. And Time Warner Trade Publishing He said Bleeth acted intoxicated while the offi- has postponed until October its promotion for cers questioned her but didn't appear to be Jack Welch's "Jack: Straight From the Gut." i/'ider the influence of alcohol. After she failed The publisher paid $7.1 million for the memoir ffeld sobriety tests, they searched her purse and by the retired boss of General Electric and had discovered four syringes containing what police committed another $1 million to promotion. The suspect was a liquid form of cocaine, plus a terrorist bombings took place just as Welch's tour $mall plastic bag containing cocaine residue, was to begin. . f arly said. •»• Bleeth could be charged with operating a "We're putting everything back a couple of "xiotor vehicle under the influence of drugs, a weeks. We're going to assess what the mood of ^nnisdemeanor, and possession of a narcotic, a the country is," said Laurence J. Kirshbaum, * felony that carries a prison sentence of one to chief executive of Time Warner Trade Publishing. ' £even years, Early said. ;; She spent Wednesday night in a holding cell Secret weapon *jat the police department's jail and was released NEW YORK — Although the new film "The ^jhursday morning, he said. Musketeer" is full of high-flying action sequences like those in "Crouching Tiger, Hid- :Not yet den Dragon," Mena Suvari didn't need to :: NASHVILLE, Tenn. — Country singer Alan learn the stunts and fencing techniques 'Jackson won't be inducted required of many of her ^ Into the Georgia Music Hall castmates. .Of Fame quite yet. The only weapon _ The ceremony and per- Suvari uses in this formance, originally set for retelling of Alexandre IrSpturday in Macon, Ga., Dumas' classic "The ^pjlLbe rescheduled Three Musketeers" is the because of this week's ter- knife she keeps hidden Jjorism attacks in New York under her dress. :;^hd Washington, said "I have a dagger in my •Jackson's spokesman, garter so I figured I had Suvari ;'j£ey Lindsey, on Thurs- Jackson to learn how to wield it!" the 22-year-old told The ;> ; Jackson's hits Include "Gone Country" and Associated Press. 'XChattahoochee." Suvari plays the fair maiden Francesca,
and use of profanity In c
• Numbers concert in Miarnlln 196^ drawn Flashbacks Innocent of lewdness ar yesterday The Associated Press enness.The guilty verdi Entertainment highlights durfng the appealed, but Morrison week of Sept 16-2|: case was rasdfved. DAILY: 823 In 1964/"Bewitchedrstamng Eliza- In 1972, aMASHM prer WIN FOUR: 1924 beth Montgomery, made Its debut on stayed on the air for 11 TAKE FIVE: 4-7-15-36-38 A8C. In 1978, the comedy* WHO: 1-15-24-31-34-44 s; In 1968, the final episode of *The Cincinnati made its del: BONUS 57 ^ndy Griffith Show** airBd. In 1981, singers Paul PICK 10:7-18-20-22-27-28-31-37-39- In 1970, Jim Morrison of The Doors Garfunkel reunited for i 42-45-48-52-53-55-56-58-74-76-78 was foupd guilty of Indecent exposure New York's Central Park State of New Ywrit} f\ CommtyoffAJbamy >ss. \ \ f v. VMage offRavema} S-^J\jnflL-.<^—\j.Q^>L^r^3^. being duly sworn that she resides at Rarona, and that she is the principal clerk,of the Ravena News Herald, a newspaper published in the Town Of Coeymans .County of Albany.State of New York and that a notice of which the annexed is a copy has been published in the said newspaper in each week successivefy. on the jSPday oApHMOJ on the day of -20 on the day of -20 on the day of -20 on the day of -20 and ending [ on the day of -20 NEW YORK S ELECTRIC GET AND THE E ^U^U)cu\iUfl-U SEPTE PUBLIC COMMENTS INVITE APPLICATION TO CONSTRUCT At GAS-FIRED COMBINED CYCLE ( Sworn to before me this Of 20 Oi ug^_Qc± FACILITY IN THE TOWN Oi The New York State Board on Electric will hold a hearing before Presiding E! Examiner P. Nicholas Garlick, for pubi Inc. application to construct a 750 Me ytuCuM^) generating facility in the Town of Beth Delmar, Wednesday, October 17, 2€ Nolaiy Bethlehem Town Hall - Auditorium NANCY J.WARNEH 445 Delaware Avenue Notary Public, State of NewVbni Qualified in Albany County Each hearing will remain open for at Ij Reg. No. 5007592 p * Commission Expires Feb. 1,20 J^L/ wishing to comment have been heard i The hearings are for the purpose of rd the irigardS^ PAGE 12 - SEPTEMBER 20, 2001° "BLEEZARDE PUBLISHING imi /m im /• I W • A listing of related stories and ways in which you can help out or he able to cope with the situation. ramp of the Village Office going to the Red Cross World Ireland several years ago to see RCS Girl Scouts Fundraiser for the Building). Library hours are 10 Trade Center Disaster Fund. the place where his ancestors Victims of September 11 Tragedy a.m. to 8:30 p.m., Monday If you would like to donate lived. through Thursday, and 10 a.m. items for the sales, please Irwin who is special assistant Throughout history Girl vegetables and miscellaneous to 5 p.m., Friday and Saturday. deliver before the 29 at either patriotic items to support the Telephone: 756-2053 968 or 981 Dean's Mill Road to the governor for Irish Scouts have supported America Affairs, said that while they people affected by this sense- and we will sell them or call in times of turmoil. During visited the bogs near the old less attack. ALL proceeds will Governor Marion at 756-6002 or Penny WW II, Girl Scouts had family farm, the governor had a be donated. This will be held at 756-8948= Victory gardens in which they announces toll- mishap and fell into the murky from 10 a.m. to 2 p.m. at the grew vegetables. They sold the free numbers water. "He became more vegetables to help support our Ravena Village Office, 15 Governor's mother Mountain Road in conjunction Calls for Emergency immersed in Irish affairs than troops overseas. he planned," Irwin said as he with the "Pet Fair." Medical Volunteers and attends Irish Park explained the efforts to pull the September 11, 2001 was the We welcome any contribu- Blood Donations opening six foot, four-inch governor out first attack on American soil tions from your garden, as well Governor George E. Pataki, of the swamp-like area. since Pearl Harbor. Many as donations. Please help us on Sept. II, urged New By Martin P. Kelly Assembly Minority Leader innocent lives were lost. support our fellow Americans. Yorkers who are able to donate . EAST DURHAM — With John Faso (R.-Niverville) On September 29, 2001 the If you have any questions - blood to do so to help victims Governor George Pataki's greeted the crowd, extolling the Girl Scout Troops in the RCS Please call 756-7705 - Much of the tragic attack on the mother present as a special efforts of the local group. He Neighborhood will be selling Appreciation. World Trade Center in New guest, the Michael J. Quill Irish York City. In addition, the Cultural & Sport Centre offi- claimed closeness to the group Governor announced the cre- cially opened Irish Park as a result of having an Irish Doing Their Bit for The World ation of two new 1-800 num- Saturday, Sept. 1 at the East mother and an Irish wife. Trade Center Tragedy bers for medical professionals Durham site of what will even- "Maybe we can make my who wish to donate their ser- tually be The Irish Village. father's native Sicily another vice to assist New York City Mrs. Margaret Pataki whose Irish county," he laughed. residents in this time of need. mother was born in Ireland, Faso was instrumental in get- "New Yorkers have once wished all the guests a hearty ting state funds for the Irish again shown the true spirit of welcome and spoke individual- Centre to start to buy the the Empire State by stepping ly to many of the more than Weldon House which is now forward to volunteer to help 200 persons attending the after- the nearby headquarters for the their friends and neighbors in noon ceremony. group. this time of need," Governor The Irish Centre's president Another guest of the Irish Pataki said. "We strongly Kenneth Dudley of Freehold Center at the Irish Park opening encourage New Yorkers to welcomed Mrs. Pataki, repre- was Christine Countryman of donate blood and we urge all sentatives of state and local Orange County, who was just medical professionals to call government and the numerous named "Mrs. New York State". these toll-free numbers so that native-born Irish people who The mother of a three-year old we can effectively coordinate are now members of the son is enroute to Hawaii for the our emergency medical Centre. national competition. response with the appropriate "If you had seen this site just The official opening of the State and City authorities." six months ago, you would Irish Park was in conjunction with the East Durham Labor M^nbers of TWU-Local from CSX spent all day Friday making Potential blood donors in never imagine what we have Day Fest which featured Irish collections at the intersection of Routes 9W and 396. Hundreds of Upstate New York are urged to today," Dudley said in tribute doHars had been collected by 10 a jn. From left: Tom Kester, Tom call 1-800-GIVE LIFE (1-800- to the work of the Centre's bands and entertainers Saturday and Sunday over the Labor Day Ddiley, Dan Pivowski and Steve Bellini. (Gene Levy Photo) 448-3543) or 1-800-272-4543. board of directors and the peo- Weekend. Medical professionals who ple who have contributed The RCS Natural Helpers money and time to the venture. R-C-S Senior Club is collecting items this wish to donate their services to Weekly recipe week to donate to the relief assist New York City residents Class Makes following the tragic attack at The Irish Park is a two-acre fund. site which is shaped as a map PORTABELLA Donates $1500 the World Trade Center on MUSHROOM Helping to deal Sept. 11, should call these of Ireland with bricks denoting The recent terrorist attacks the various 32 counties with & CHICKEN ALFREDO on the United States of numbers: Yield: 4 portions with tragedy • Registered Nurses and flagpoles denoting each indi- America have affected all Recipe adapted from the Free packets of information Emergency Medical Services - vidual county. Donations pro- Americans. Everyone is reach- Mushroom Council on helping kids cope with the 1-800-628-0193 vide inscribed bricks which ing out in some way to help the 2 tbs. butter September 11 bombings are • Doctors should call 1-518- make up the map. victims and survivors of this "In what was only a business 1 clove garlic, minced available at local public 431-7600 6 oz. pkg. portabella mush- national disaster including the libraries. plain approved by the board just • Any other calls to offer rooms, sliced Ravena-Coeymans-Selkirk A free, comprehensive pack- a year ago is now underway so assistance should be directed to 1/8 tsp. dried rosemary, senior class. et of information on helping that the completed Irish Village 1-800-801-8092. crushed kids cope with their feelings will be a reality by 2007," Today, this year's senior The Governor also 1 cup heavy cream about the September 11 bomb- Dudley told the assembled class is donating $1500 from announced that the State 1/4 tsp. ground pepper ings is available at all local crowd. their class fund to the Health Department will be 1 cup cooked chicken, shred- American Red Cross. public libraries. Parents and coordinating blood resources to By next spring, Dudley said other adults will find articles, that the first Irish Cottage will ded or cut into small pieces "This is money that these ensure that the emergency 1/3 cup Parmesan cheese, resource lists and other infor- be erected. "It will be designed students have raised over the response effort in New York grated mation to help them talk with to resemble the cottage where years to pay for their proms, City will have adequate blood 8 oz. dried fettuccine, cooked kids and teens about what hap- the Lynch family lived (Gov. senior trips, and other activi- supplies. He has also directed and drained pened. Pataki's forebears) and eventu- ties," says High School the State University of New Directions For children, and especially ally we will have buildings Principal Richard Rose. York to hold blood drives to Heat butter in large skillet teens, finding a way to take depicting churches, farm hous- "Without any hesitation, this increase blood supplies in New over medium heat. Add garlic helping action is very impor- es, schools, taverns, blacksmith class decided to donate that York State. Donations of type and saut^ 1 minute, add mush- tant. The action may be as sim- shops and druggists shops." money. I'm proud of these O and O-negative blood are rooms and rosemary. Cover, ple as writing a letter or con- Dudley said that these build- kids." especially needed. reduce heat and simmer until tributing allowance to a relief ings will give visitors to the tender, about 10 minutes. Senior advisors Ronald group, or it may be more com- Irish Village a chance to see the Reduce heat to low. Stir in Racey and Megan McClave are plex or creative. Supporting Charity history of the people who bringing students from, the kids or teens in finding their began their mass migration to cream and pepper. Cook until senior class to the American own ways to assist can be very Garage Sale America in the mid-19th centu- slightly thickened, stirring con- stantly. Stir in chicken. Red Cross at 11 a.m. The stu- effective. Saturday, September 29 and ry- dents who will be presenting For more information and Sunday, September 30 from 9 Jack Irwin who with his wife, Remove from heat and stir in the check are Dallas Trombley, additional resources, call or a.m. until 4 p.m., rain or shine, accompanied Mrs. Pataki to the Parmesan cheese. Pour over Darrick Preister, Tara visit your local public library, there-will be a Charity Garage Park's opening, said that he cooked and drained pasta; toss McGrath, Dave Cross, Rachael RCS Community Library, at 15 Sale at 968 and 981 Dean's was able with his associates to and garnish with parsley; serve Matousek, and Megan Tracey. Mountain Road, Ravena (rear Mill Road with all proceeds get Governor Pataki to visit immediately. BLEEZARDE PUBLISHING SEPTEMBER 20, 2001 - PAGE 11 RCS Boys Varsity Soccer Team RCS showed a well balanced Each class is 45 minutes long a season opening bye week. attack finding their leading and follows the American Red On Defense the Indians were Up for the Colonie Tournament scorers: Tom Nevinger (2 Cross plan with Red Cross cer- led by Billy Steele and Mike goals), Ben Salovitz (1 goal), tified instructors. Individual Garza up front who were both On Friday, September 7 and goal), and Peter Anderson (1 and Rick Rider (2 goals) slic- classes are kept small to maxi- in on 7 tackles each. BiWy Saturday, September 8 the goal). Despite the loss, RCS ing up Troy High's secondary mize learning, especially for Steele also forced a fumble and Indians participated in the Indians found themselves "in with well placed "thru balls" younger swimmers. All classes Mike Garza recorded a sack. Annual Colonie High the game" with a Class AA and accurate shots on goal. include swimmers of all levels, C.J. Murray was in on seven Tournament; a Class AA event. team. The Indians, while placing so all children in a family can tackles from his Outside The Indians, who are a Class third in the tournament, turned The Indians, while saving attend at the same time. For Linebacker spot, whi\e Tyler B team in the Colonial around an embarrassing perfor- complete schedules of lessons Hughes had a touchdown sav- Council, played Albany High, cheir best game for last, played mance from the year before to Troy High on the following and registration information, ing tackle from behind late in a Top Ten team, on Friday los- showing up and being account- please call the Starfish at 765- the game. Mike Jones, had a ing a heart breaker 6-4. After day, Saturday, September 8. ed for this year. The Indians beat Troy High 5- 4267. broken up pass defense play on findihg themselves down 3-0 a deep pass that saved a big 2. The Albany-Voorheesville daring the first half, the Starfish gainer. While only scoring one goal, Starfish Swim Club competi- Indians fought back and scored The Offense who moved the and finding themselves tied Swimming tive swim team is also starting three unanswered goals, tieing ball well at times, gaining with Troy High after scoring a its fall practice season with dif- the game 3-3. Lessons ferent schedules for different yards in bunches, just couldn't penalty kick against the punch it in the End Zone. Albany High came back in Indians, RCS came out the sec- September 21 through ages and skill levels. The Workhorse, Justin Glass car- the second half; scoring its 4th ond half scoring four goals; the December Starfish Swim League for ried the load gaining 40 yards goal of the match; RCS last three unanswered goals The Albany-Voorheesville swimmers interested in a low, on seven carries and was answered within five minutes being scored within seven min- Starfish Swim Club will con- fun level of competition is also impressive. Also shinning was to tie the match 4-4. However, utes of each other, thus knock- duct swimming lessons for resuming this fall. Practice Robbie McFarland getting 20 after a missed penalty kick and ing Troy High out of the children ages 4 to 14 this fall. groups are held at the yards on three carries and failing to capitalize on addi- match. The lessons will start the week University at Albany and Siena tional opportunities afforded of September 21 and continue College. catching a pass for a big first them, Albany High put in two RCS brought their first half until December. The lessons A masters swimming training down. additional goals with approxi- possession rate from 82% to an will be held at the pools at the program will also be starting Another positive on Offense, mately seven minutes left in incredible 90% in the second University at Albany on Friday this fall. came from the Offensive Line the game. half, again dominating their evenings and Saturday morn- The Albany-Voorheesville who played with great disci- RCS scored their four goals opponent in every aspect of the ings, Siena College on Sunday Starfish Swim Club Inc., is a pline in the trenches and didn't off of Captain Tom Nevinger game; physically, emotionally, afternoons, and Albany High not-for-profit, tax-exempt orga- receive a single penalty. In (2 goals), Ian Applebee (1 technically and tactically. School on Monday evenings. nization established to train fact, the entire Offense played youth in swimming and pro- the whole game only getting mote the sport of swimming flagged for two Delay of Game generally. It has been in exis- penalties. What a credit to this tence since 1964. During young team and their coaches. NEW YORK STATE BOARD ON 2000-2001, the club provided Of course, this is all unoffi- ELECTRIC GENERATION SITING swimming lessons to over cial from the sidelines and 1,000 children from throughout without the benefit of the Eagle AND THE ENVIRONMENT the Capital District and had in the sky or modem technolo- over 100 children on the com- gy. But this biased reporter SEPTEMBER 5, 2001 petitive team. hopes to see you all this PUBLIC COMMENTS INVITED ON PSEG POWER NEW YORK INC. For more information on any Sunday at 2 p.m. when the of these activities or the Club Indians take on Averill Park at APPLICATION TO CONSTRUCT AND OPERATE A 750 MEGAWATT NATURAL generally, please call 765-4267 RCS High School. Until then, GAS-FIRED COMBINED CYCLE COMBUSTION TURBINE GENERATING or visit the Club website at GO INDIANS. FACILITY IN THE TOWN OF BETHLEHEM, ALBANY COUNTY www.avstarfish .org. RCS golfers lose The New York State Board on Electric Generation Siting and the Environment Junior Pee-Wee's twice J will hold a hearing before Presiding Examiner William Bouteiller, and Associate Lose RAVENA - RCS' inexperi- Examiner P. Nicholas Garlick, for public comment on the PSEG Power New York ence on the golf course is Inc. application to construct a 750 Megawatt natural gas-fired combined cycle by M.G. showing. Saturday Night the Indians generating facility in the Town of Bethlehem, Albany County, as follows: The Indians lost twice last had a tough opening day loss week to Voorheesville, 213-156 Delmar, Wednesday, October 17, 2001 - 1 p.m. and 7 p.m. to the Guilderland Broncos by and to Mechanicville, 50-51. Bethlehem Town Hall - Auditorium a score of 20-0. For many of "We didn't shoot too well. 445 Delaware Avenue these kids it was their first We just have to play," said game under the lights. The ' Coach Bryan Wood. Each hearing will remain open for at least one hour and continue until all persons Indians played tough defense Support Your Local wishing to comment have been heard or other arrangements are made. despite their loss to a team who had the benefit of a game last VOLUNYEER The hearings are for the purpose of receiving unsworn statements of members of week. Ravena worked through IFIRE DEPARTMENT the public regarding this application. A verbatim transcript will be prepared. The Board ultimately may grant or deny the PSEG Power New York application, Leave it tcfc or amend the proposed conditions presented by the applicant. It is not necessary to make an appointment in advance or to present written material in order to speak. Speakers will be called after completing a card requesting time to Levy speak at the time of the hearing. Persons not wishing to speak may nevertheless by Gene Levy comment in writing by mailing their statements to Secretary Janet Hand Deixler at the offices of the Public Service Commission, Three Empire State Plaza, Albany, RCS football misses old rivalries New York 12223-1350. Both written and oral statements will be considered in the Amid the excitement of a return to RCS' football glory days of Siting Board's review process. old, there's one negative. Where have the fans gone? Disabled persons requiring special accommodations should contact the Compliance In the late 1990s, while the Indians were amassing 32 consecu- Officer at (518) 473-8869 (or, for a sign language interpreter, call (212) 290-4292) tive victories in Section 11 play, it was not unusual for a game with at least one week in advance. Albany Academy, Averill Park or LaSalle to draw 2,000 fans. When RCS opened with a 61-7 rout of Cohoes Friday, Sept. 7, This matter is being heard in Case 97-F-2162 -Application by PSEG Power New York Inc. for a less than half that total of fans were present. Certificate of Environmental Compatibility and Public Need to Construct and Operate a 750 The weather was perfect and the football highly entertaining. Megawatt Natural Gas-Fired Combined Cycle, Combustion Turbine Generating Facility in the Why such little interest? Maybe it has something to do with scheduling. Academy and Town of Bethlehem, Albany County. The hearing is being held contemporaneously and on a Averill Park were true rivals for the Indians. joint record with the related New York State Department of Environmental Conservation Taconic Hills, Cohoes and Broadalbin are not. (WVSDEC) proceedings concerning the environmental permits needed for the proposed Maybe it's time for Section II to think about realignment. RCS facility. The NYSDEC matters are being heard in DEC #4-0122-00044/00021. . has had a great rivalry with Watervliet in basketball. Why not in football? Janet Hand Deixler If there is one non-Class B school whose gridiron reputation can Secretary compare with RCS, it is Watervliet. Don't hold your breath, but here's a wager a battle of unbeatens between the Indians and Cannoneers would be a sure sell-out attraction. STATE OF NEW YORK } COUNTY OF ALBANY ELIZABETH BRADT Of the Town of Bethlehem, being duly sworn, says that she is the RECEPTIONIST for THE SPOTLIGHT, a weekly newspaper published in Albany County, and that the notice of which the annexed is a true copy, has been^regularly published in said THE SPOTLIGHT, ONCE A WEEK FOR&O WEEK(S) consecutively, commencing on the IW^d&y of rm(bet~ 2001. ^J^uuLf Sworn to before me this ^i/l^dav rt a£lLUJ Notary Public SHARON A. DOLDO Cbmmisaon Expires Jan. 30. Z^*—- ^ tyE SPOTLIGHT • September 19. 2001 — PAGE 3 -HSBC matches donations ~ * . in NYC relief campaign Pitching in BvDONNA.I RFI I donate. "A woman came and give us HSBC Bank is stepping up to her $500 tax return check," do its part in helping the World Church said. "She doesn't have Trade Center relief effort by much, so I think thaf s incredible. matching all donations collected It says a lot about the character at its 420 New York branches. of the people in our neighbor- It will match any donation of up hood." to $1,000 for a grand total of Local businesses are also $500,000. jumping on "It could -^_^_^^_ board. Tastee mean as much Freeze, owned as $1 million // could mean as much by Jim and for the fund," as $1 million for the Kim Sheldon, said Chris was also Church, assist- fund matching ant vice pres- Chris Church donations ident and _,_^^^^^_ made by cus- branch man- """"^"^"•"^ tomers. They, ager of the Delmar office. in turn, will bring that money to HSBC, who will double the The corporate gift will assist amount again. the American Red Cross Disaster Relief fund, and Church said any "It is just terrific with what they donated checks should be made are doing," Church said of the out to that organization. Sheldons. "As an employee and speaking "In two days, we collected over Bethlehem Girl Scouts Emily Larkin and Emily Knapp wash cars at Delmar Reformed Church last weekend to $7,500," Church said, adding that on behalf of the employees in the help relief efforts in New York City. j\m tmco Delmar office, everyone is he and the bank employees are overwhelmed by what the happy to be part of the effort to company is doing. You don't see help out. many companies doing this "Words escape you and you amount of matching," Church don't know what to say. The. '81 BCHS graduate feared lost said. friendliness and caring is unbe- lievable. Our regional president, Everyone from religious By JOSEPH A. PHILLIPS vigil in Saddle River, along with and he recalled Raub's organizations to businesses, to Allen J. Naples, called us right his sisters Susan and Marie. excitement at the birth of his now school age kids donating their away to see if any bank families "The phone is constantly 3-and-a-half-month old son Liam. were affected and to let us know ringing," said Debra Jeffers, a "We're trying to stay strong, allowance, can drop by an HSBC doing the best we can, and hoping "Even though you're not Bank-branch in New York to about the donation." Troy resident and teacher at Bethlehem Central High School. for a miracle," Jeffers said. always in touch with people over On Friday, at the home of her Kevin Ryan, a sales rep for the years as you might like," he sister, Maureen Raub, in Upper power-tool maker Husqvarna and said, "I still felt a closeness." Primary day Sept. 25 Saddle River, N.J., Jeffers talked another high school friend of Both men joined the phone to family, friends and co-workers Raub, was at a national sales callers to Saddle River last week. meeting in Charlotte last Tuesday. By JOSEPH A. PHILLIPS ballots for the new date, which of her brother-in-law, Delmar "I know his dad well, and I must be either postmarked by native Will Raub, all checking in "Someone turned it on, on a immediately called his father," Among the myriad of disrup- Sept. 21 or hand-ielivered to the by phone. big screen TV in the sales center," said McCarthy. "I called his wife tions brought about by last week's county board by Sept 25. All but the phone call Maureen he said. "And when I saw the not long after that. Every day World Trade Center tragedy, In Bethlehem, where a full and Debra would most dearly World Trade Center had been hit, since then, I've spoken to them." primary elections scheduled to slate of town offices were being wish to hear. the first thing I thought of was 'We do feel very blessed by the Will." take place on Tuesday, Sept. 11, contested on the Independence "We don't have any specific people who are supporting us," were ordered suspended by Gov. Party line and several Con- information regarding Will," said "He was very focused," said said Jeffers. "I can't tell you how George Pataki. On Thursday, the servative Party primaries were Jeffers. "We have no news on McCarthy, "and he knew at an grateful we are." state Legislature unanimously scheduled, Newkirk received the him." early age what he wanted to do. That includes Cantor Fitzger- approved an emergency measure formal order to suspend shortly William Raub, Bethlehem He always wanted to be on Wall ald's CEO, late for work at zero rescheduling them for Sept. 25. after noon, just at the start of Street. When he was at our 10th hour Tuesday morning while balloting. Central High School class of '81, The legislation, and a directive Siena College '85, has worked reunion, he talked about what he taking his daughter for her first from the state Board of Elections, Discarding last week's votes since graduation for Cantor was doing, how well his career day of nursery school. With called for discarding any machine will not be a great inconvenience was going, how much he enjoyed essentially his entire New York Fitzgerald — a career for which, it." votes tallied on the 11th. to voters, she said, with the high school friends recall, he office among the missing, he "It' is a brand new election, as limited number of primaries seemed to be preparing himself "Since he was a kid, he always rented space in Manhattan's if they never went out and voted," being contested. all his life. In 16 years at Cantor was involved playing with stocks;" Pierre Hotel last week for families said Bethlehem Town Clerk "I know of only two districts Fitzgerald, he rose to the ranks said Ryan. "It was a love for him." to gather. Kathleen Newkirk. where the poll watchers said they of senior management, but "He And, both men recalled, he "We went to the Pierre Hotel," The discard order reflected had votes" before the polls closed, gave that up when he had his loved hard work. said Jeffers. "They're working she said. concern that machines in New children," recalled high school "I think he got that from his very hard to help everybody, but York City were left unattended in In New Scotland — where friend, William McCarthy. dad," said McCarthy. "While your it's pretty much in the first stages. the disruptions that followed the Conservative Party primaries for "He put his family first." typical high school kids were They don't have a lot of informa- World Trade Center disaster. supervisor, town board and tion." But even after the birth of playing, we cut lawns together." However, all absentee and County Court judge were What they do hear from New scheduled — all eight polling Rebecca, now 6, even after "He's always been a very military ballots properly received stepping back from management honest guy who played by the York, she said, has been by county boards of elections locations were shut down within "challenging for all of us. It's very an hour after the suspension to the brokers' ranks, Raub rules, worked hard and tried to do before the original due date will continued to revel in the high- everything just right," said hard to process at this point. be counted — and the state board order, according to town clerk We're just kind of going hour by Diane Deschenes. energy world of investment McCarthy. And, he recalled. Will established procedures for voters banking and bond trading. When threw himself into family with the hour. In terms of the big picture, to apply for additional absentee Also to be resolved in both the world exploded last Tuesday, same dedication. we're all kind of stunned and towns: securing poll workers for he was at work—in an office high numb and all that. But our the 25th — and determining what "He had a very close primary concern right now is above Wall Street, on the 104th relationship with his parents. God to pay those who put in time on Floor of the World Trade Center, about Will." the 11th. New Scotland's town fearing. He had every attribute South Tower. parents would desire in their kids. "It just highlights the frailty of board authorized Deschenes to human life," said McCarthy. "I'm Editorial Pages 6-8 make that determination. No one has heard from him He was close to both his sisters Sports 19. 22-23 since. and a good father." still hopeful that something 'We've been so involved in this positive will come of this. I know Obituaries 18,24 He is among more than 700 But with a high-octane career Weddings 29 New York City thing, I haven't had there hasn't been much Neighborhood News a chance to find out what (the poll Cantor Fitzgerald employees, and and a close and growing family, encouragement" Voorheesville 14 workers') feelings are," she said more than 4,000 others, listed "He was always busy," said among the missing in the Sept. 11 McCarthy. "He would call me "I couldn't believe it hap- Family Entertainment Friday. "They actually put in about pened," Ryan said. "I don't know At Your Service 34 an hour or so, and I personally feel terrorist attack on the World periodically and I would call him. Trade Center. His mother and But you know how things go." if I can talk about it. So many Calendar of Events. .31-32,38 we need to compensate them." innocent people caught up in such Classified 35-38 father — Stanley and Annette "He was my best man in my Crossword 31 Raub of Delmar—have joined the a horrible thing. Dining Guide 32 wedding, and I was in his wedding," Ryan said. "I consider "It makes you realize how Legals 32-33 The Spotlight (DSPS 396-630) is published each Wednesday by Spotlight LLC, 125 Adams St., precious each day is," he added. Real Estate 38 Delmar, N.Y. 12054. Periodicals postage paid at Delmar, N.Y., and at additional mailing offices. him my best friend in high Postmaster: send address changes to The Spotlight, P.O. Box 100, Delmar, N.Y. 12054. school." "And how you should spend more Subscription rates: Albany County, one year $24, two yeare $48, elsewhere, one year $32. time reaching out to your Subscriptions are not refundable. They last spoke in June or July, friends." THE SPOTLIGHT PAGE4 —September19 2001 ^^ ; ^ Hand ii7 hand, united we stand January, when Chris was exactly — could achieve. In less than a There's the Irish nanny By KATHERINE MCCARTHY COMMENTARY: halfway through his law school New York minute, we watched the minding three children, and career, and I had just started past and the future dissolve into neither parent returned home The view from the top was yPtom's that evening; the woman fleeing exhilarating. To celebrate his first working in the publicity depart- clouds of grisly debris. Chris had • ment at Silhouette Books, the been in the 1993 World Trade north, only to have a falling body paycheck as a summer associate the. explode on the pavement before in the law firm that would become division of Simon & Schuster that Center bombing. On Sept. 11,1 jauntily inscribed its pencils with recalled the hours it had taken her; the text message a man known as Brown & Wood, Chris /Oord received from a lifelong friend at invited me to join him at the very the catchy motto, 'We make love between his first phone call — right." "something has happened, can Cantor, Fitzgerald: I'm not going top. From the top, we looked out on to make it out; please take care of New York harbor, and switched Chris' offices were in the same you turn on the radio? What? The elevator ride to Windows Fire? I'll call you back;" his second my wife and baby. on the World was breathtaking our usual beer-drinking habits for World Trade Center tower as more elegant intoxicants like Windows on the World, which he —"I'm on the 21st floor;" and the Now, the question is what we itself — rumbling cars meant to final — "I'm at the Millennium tell all our babies, the children hold hundreds of people, in a whiskey and gin. We ate sushi, reached in just over a minute. The which in that summer of 1984 had building made us sit up straighten Hotel and will be home after I've who follow our anxious eyes building so big that you had to had a stiff drink." skyward when a plane flies transfer on the 44th floor to just become the food of choice in for a while, we were transformed Manhattan's part of the global from a grubby law school student That had been four hours, overhead, something that seems continue the journey to the 106th not routine but ominous. To these floor of 1 World Trade Center. village. We had only met that past and entry-level publishing peon to from the 53rd floor to a pre- true New Yorkers, savoring life cellphone-era pay phone. How Idds who can loathe one kid today, with a quick drink at the pinnacle could his former colleagues have and be his best friend tomorrow, wmm of the Big Apple. On that par- ever gotten out before the whole we have to try to explain hatred mi ticular evening, we had literally world came crashing down so deep that people are willing to STEFANAZZI & SPARGd kill themselves along with GRANITE CO., INC. risen to the great heights we around them last week? Some- hoped New York would offer us. how, they did. Either they weren't thousands of people guilty only of LARGE INDOOR & OUTDOOR DISPLAY OF living their lives. FINISHED MONUMENTS 8r MARKERS New York's greatest gift to us was all at work already, or they made "Your Professional, Full Service Monument Dealer" each other, and last week, we it out before the collapse, but Our schools are striving so Lettering & Carving done in the largest workshop In the area clutched each other in terror and through some grace that didn't hard to teach tolerance today, so Located 3 Miles North of the Latham Circle on Rt. 9 sobbed as the World Trade reach nearly enough people, only that we can all stand side by side Center collapsed. a few Brown & Wood employees and not care if we are Christian, 785-4206 Those towers had stood for all are hospitalized. This will not be Jewish, Islamic, Buddhist, or any Mon-Fri 9-4, Sal 9-1. Anytime by aDoointment that we—a couple, a city, a nation everyone's story, too many of of the creeds that make up the which are heartbreaking. world's belief systems. We also Delmar Carpet Care NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING QUALITY CARPET CLEANING AND THE ENVIRONMENT • WALL TO WALL M^^ ^M ^^ • UPHOLSTERY 439-0409 SEPTEMBER 5, 2001 •ORIENTALS AND AREA RUGS . Tim Barrett PUBLIC COMMENTS INVITED ON PSEG POWER NEW YORK INC. APPLICATION TO CONSTRUCT AND OPERATE A 750 MEGAWATT NATURAL GAS-FIRED COMBINED CYCLE COMBUSTION TURBINE GENERATING FACILITY IN THE TOWN OF BETHLEHEM, ALBANY COUNTY The New York State Board on Electric Generation Siting and the Environment will hold a hearing before Presiding Examiner William Bouteiller, and Associate Examiner P. Nicholas Garlick, for public comment on the PSEG Power New York Inc. application SCUM! to construct a 750 Megawatt natural gas-fired combined cycle generating facility in the Pond scum isn't pretty. Town of Bethlehem, Albany County, as follows: Now's the time to call for 2002 algae and weed management programs. NYS Licensed. Delmar, Wednesday, October 17, 2001 - 1 p.m. and 7 p.m. Bethlehem Town Hall - Auditorium 518-783-7363 445 Delaware Avenue ALL SEASON TREE SERVICE, INC., utnam Each hearing will remain open for at least one hour and continue until all persons We're the pond pros! wishing to comment have been heard or other arrangements are made. The hearings are for the purpose of receiving unsworn statements of members of the public regarding this application. A verbatim transcript will be prepared. The Board uldmately may grant or deny the PSEG Power New York application, or amend the The Curran Group of First Union Securities proudly presents proposed conditions presented by the applicant. An Evening With Bill Danko It is not necessary to make an appointment in advance or to present written material in Insights from the beshselling co-author of order to speak. Speakers will be called after completing a card requesting time to speak The Millionaire Next Door at the time of the hearing. Persons not wishing to speak may nevertheless comment in To Benefit Wildwood Programs, Inc. writing by mailing their statements to Secretary Janet Hand Deixler at the offices of the Public Service Commission, Three Empire State Plaza, Albany, New York 12223-1350. Working collaboratively with families, Wildwood Programs empowers and enables children and adults with neurological-based learning Both written and oral statements will be considered in the Siting Board's review process. disabilities, autism, and other developmental disorders to lead inde- pendent, productive, and fulfilling lives. Disabled persons requiring special accommodations should contact the Compliance Officer at (518) 473-8869 (or, for a sign language interpreter, call (212) 290-4292) at Thursday, September 20, 2001 5:30 - 8:00 p.m. least one week in advance. Albany Country Club Wildntiod This matter is being heard in Case 97-F-2162 -Application by PSEG Power New Yorklrw.fora Wormer Road, Vborheesville •Ptbgratns Certificate of Environmental Compatibility and Public Need to Construct and Operate a 750 Megawatt Tickets are $20 per person with all proceeds donated to Wildwood Natural Gas-Fired Combined Cycle, Combustion Turbine Generating Facility in the Town of Bethlehem, Programs and are fully tax-deductible. Checks should be made payable to Wildwood Foundation. Albany County. The hearing is being held contemporaneously and on a joint record with the related New York State Department of Environmental Conservation (NYSDEC) proceedings Seating is limited and reservations are required. RSVP by September 13* to Lisa Clifford at (518) 447-8492 concerning the environmental permits needed for the proposed facility. The NYSDEC matters or [email protected]. are being heard in DEC #4-0122-00044/00021. Janet Hand Deixler CURRAN GROUP Secretary OF FIRST UNION SECURITIES First Union Securities, Inc., member NYSE/SIPC, is a registered broker-dealei and a separate non-bank affiliate of First Union Corporation. © 2001 First Union Securities. 24507 9/01 CAPITAL DISTRICT ^l^W USESESS REVIEW 2 Computer Drive West, P.O. Box 15081, Albany, NY 12212-5081 • (518).437-9855 STATE OF NEW YORK County of Albany, Megan Meher, being duly sworn, says that she Is Credit Manager for American City Business Journals, Inc., publishers of Capital District Business Review, a weekly newspaper published in Albany, Albany County. Stale of New York, andthat the printed notice attached hereto Was cut from the CpP'*3' District Business Review and that the said notice was published therein, namely %nn/U./l4^r Crdil-mflCLOr^ Signed this Pg day ofSyi^Q 20^/ Sworn to before me this ^ day of Se •^" *.C-C--^ Notary Public r STRATEGIES THE BUSINESS REVIEW h«p://albany.bcentral.com SEPTEMBER 24-30,2001 19 Hospital has Rx for fiscal health SALES MOVES An ace saleswoman reveals her Top 10 Saratoga Hospitals growth qualities Page 20' strategy tied to outpatient services, staffretreats BYTOMMURNANE THE BUSINESS REVIEW As several local hospitals scramble to stem their fi- nancial bleeding in an increasingly difficult health care environment, Saratoga Hospital is making money. The anchor of health network Saratoga Care Inc., the 243-bed hospital and nursing home in Saratoga Springs has seen its earnings increase from $87,000 in 1998 to nearly $3.4 million projected for 2001, said James Gavin, the networks chief financial officer. CREATING In 2000, Saratogas profit margin was the highest of BALANCE area hospitals at 5.6 percent, while Ellis Hospital in Opportunities to Schenectady had the lowest at minus 12.2 percent. The most recent statewide figures—from 1999— volunteer are show a mean margin of minus 1.21 percent. endless—so are "That's a pretty strong margin for us," Gavin said. While Saratoga appears to be in strong financial the benefits, shape, other local hospitals like Ellis have been hit Page 21 hard by rising costs of health care and flat reim- bursements. Ellis alone lost $14.4 million in 2000. Ellis has initiated a two-year business recovery plan to identify potential profit areas, a review process that Saratoga began in the early 1990s when that facility was struggling. As a result, Saratoga be- DONNA ABB0U VIAHOS | BUSINESS REVIEW gan building up its profitable orthopedic, cardiology David Andersen, president and CEO of Saratoga Hospital, standing in the unfinished cardiac and outpatient services. catheterization lab. A financially supportive community helped secure funding for the $4.2 million The strategy apparently worked. Saratogas outpa- project/The key is to stay out in front of what the public will need," Andersen said. tient revenues alone have grown by more than 50 per- cent since 1998, said hospital president and chief ex- in the hospital than on the out- "As the \ decade ago, Saratoga was in the same financial ecutive officer David Andersen. side business. We definitely straits that Ellis and others are now trying to escape. "We have a very strong group of cardiologists, or- have to a better job on that population ages, In 1992, Saratoga hired Andersen, a Michigan hos- thopedic surgeons and general surgeons," Andersen front, and we will." and the use of pital administrator, to turn things around. said. "As the population ages, and the use of technol- However, comparing facili- "It was a difficult, painful time," he said. "We were ogy continues to grow in orthopedics, it is an in- ties like Saratoga and Ellis is technology HARD SELL & financially stressed, but we had a strong board and a creasingly busy area for us. Revenues are growing at tricky, given their different pa- continues to cooperative medical staff. It was a real team effort to Son SOAP a double-digit rate." tient bases and competitive is- turn things around." grow in A letter from an A key component of Saratoga's outpatient growth sues, he said. One of the most important steps Andersen said he is its three-year-old diagnostic center at Wilton Mall "I think our location in the orthopedics, it is took in his early days was to schedule an off-campus area CEO to his off Exit 15 of the Northway. city has some impact," Smanik management retreat to identify core problems. an increasingly employees on Since it opened in 1998, the center has generated said. "I think we have more be- The hospital brought in a professional facilitator to $ 14.2 million, paving the way for the hospital's strong havioral health patients and busy area for us." keep the group focused on identifying priorities. The Septll profit numbers. others they don't have to deal end result was a blueprint that predicted the hospi- Page 22 Saratoga is also growing rapidly at its main campus, with, perhaps." tal's future growth in cardiac care, orthopedics and Andersen said. The hospitalrecently opened a new op- Saratoga might also have less David AndeRen general outpatient services. erating room and is already seeking the state Health direct hospital competition Saratoga Hospital "It was a powerful way to begin," he said. Department's permission to add a seventh one. than Ellis has, Smanik said. That retreat worked so well that in March 2001 An- "We are just maxed out with the operating space we In the three months since I derson held another one to "tweak" the hospital's mis- have," he said. Smanik announced a two-year • sion statement and business plan for the next decade. Andersen acknowledged that his hospital's revenue plan to revitalize the hospital, "What we want to become is the most trusted growth is tied somewhat to Saratoga County's popu- early indications are positive, he said. health care provider in our county and to provide for lation increase. "The last couple of months have been promising, all the health care needs of our community," he said. But revenue growth is also linked to the doctors but it will take some more time to get a clearer pic- During that process of reviewing the mission state- and programs that are generating business and to fi- ture," Smanik said. ment, Anderson said he met with more than a dozen nancially supportive community members, the pres- Andersen agreed with Smanik that urban hospitals community groups to hear their thoughts about how ident said. That support helped secure funding for a like Ellis might have a more difficult time than facili- the hospital could improve its services. INVESTOR'S new $4.2 million cardiac catheterization laboratory. ties that are located in more affluent areas such as 'The key is to try to stay out in front of what the pub- That support, coupled with its outpatient services Saratoga County. lic will need," he said. NOTEBOOK growth, is helping Saratoga ride out a storm that is "Ellis has an inner city population base that is poor- A prime example is the hospital's new cardiac The best software proving difficult for some other area hospitals to er than ours," Andersen said. "Our Medicaid popula- catheterization laboratory, which increasingly will be weather. tion is about 10 percent, but his is much higher." for your investing used because the age group most commonly identi- Ellis Hospital President Robert Smanik praised But like other hospitals, Saratoga has been affect- fied with heart disease—45 to 64—represents the needs Andersen forstressing outpatient services to generate ed by what Andersen and other CEOs describe as in- fastest growing segment of the county, he said. Page 23 additional revenue and said that Ellis "will have to be adequate reimbursements from HMOs. "There's no With the county continuing to grow, the hospital is more active" on that front if it hopes to succeed. question reimbursements are one of the biggest is- also considering expanding its profitable diagnostic "It is an important element for all of us to be active sues we have to deal with," he said. The difference, he center at Wilton Mall. in treating people outside hospitals," he said. "Until added, is having a reliable revenue stream such as the now, we've been focused more on internal acute care one provided by outpatient programs. [email protected] | S18-437-9855 I 20 ^PTEMBER 24-30,2001 STRATEGIES THE BUSINESS REVIEW ^^ http://albany.bcenti^^m c A No.l salespersm tells us what it takes ro get there, how to remain on top - I called Bob Higgins, Southeast regional not be the ones you seek to blessed and that positive things will happen in 'if sales director for Cintas (the uniform people) attain or master. That's up my life. Because I believe that positive things and asked to inteiview his best salespereon. to you. will happen to me, they do." something is "Jeffrey, that's easy," he said. The southeast's Atlanta-based Terri Mor- 2. "Excited about the prospect of helping oth- worthwhile, mm best salesperson is also the company's best ris is the number one sales- ers—sincerely caring. When I have appoint- iiiilf salesperson, and she has been the past three person on a team of more ments, I want to help my prospective cus- I give it years. Her name is Teni Noiris." than a thousand, and she tomers solve a problem, get better service, in- everything I i -W I asked him to ask Terri to e-mail me her 10 didn't get there by accident. crease productivity, etc. I believe that they can best qualities—The ones she felt put her over So I thought you might be sense that I want to help them and not 'sell' have.' the top. The e-mail anived the next morning interested in how a winner them something." and it began like this: "Hello Jeffrey. When Bob SALES thinks and acts. 3. "Self-assured, not arrogant. Confidence. I Higgins asked me to call you with my top 10 Here, in her own words, know that I can achieve whatever I decide to Terri Norris best qualities, I said, 'What, only 10?'" MOVES are the top 10 qualities and and am willing to work hard for. I believe in my- Cintas She spoke with the personal pride and self- characteristics of what self and my abilities. My personal motto is confidence of a "number one." JEFFREY makes Terri Morris number 'They can, who believe they can.' I believe I All salespeople are different with one excep- GITGMER one. can." tion—they all want to make the sale. So as you 1. "A contagious positive 4. "I like people and they like me. People like not perceived as read her list, be advised that these qualities may attitude. I believe that I am me right away. I'm not a threat to them. And I'm 'salesy.' Being able to relate to people, all people. 1 don't try to type people; I just try to like them." NEW YORK STATE BOARD ON 5. "Not just book smart. Being able to assess and solve real-world problems. ELECTRIC GENERATION SITING Being able to prioritize and decide which things (prospects) to spend time on and which AND THE ENVIRONMENT not to. Work smarter, not harder." 6. "If I'm not having fun, what's the point? I SEPTEMBER 5, 2001 have often been described as 'easily amused.' I think this is one of my best characteristics. I PUBLIC COMMENTS INVITED ON PSEG POWER NEW YORK INC. find joy in almost everything." APPLICATION TO CONSTRUCT AND OPERATE A 750 MEGAWATT 7. "I do everything full-force. I sweat when I work and I sweat when I dance. One hundred NATURAL GAS-FIRED COMBINED CYCLE COMBUSTION TURBINE GENERATING ten percent is the minimum acceptable stan- FACILITY IN THE TOWN OF BETHLEHEM, ALBANY COUNTY dard. Ifsomething is worthwhile, Igive it every- thing I have." The New York State Board on Electric Generation Siting and the Environment will hold a hearing 8. "Unspoken integrity. Visibly honest. I try to be honest and ethical in everything that I do. I before Presiding Examiner William Bouteiller, and Associate Examiner P. Nicholas Garlick, for feel that being trustworthy and honorable is a public comment on the PSEG Power New York Inc. application to construct a 750 Megawatt strong statement of character. I try to always keep my promises. Hopefully, my word means natural gas-fired'combined cycle generating facility in the Town of Bethlehem, Albany County, something to others, because it means every- as follows: thing to me." 9. "I concentrate on the details without get- Delmar, Wednesday, October 17, 2001 - 1 p.m. and 7 p.m. ting caught up in them. Beyond organized. De- Bethlehem Town Hall - Auditorium tail is vital to my success. It sounds minute, but it's huge. I keep things in order so I can function 445 Delaware Avenue error-free. I try not to waste time or energy by trying to find things twice or pick up dropped Each hearing will remain open for at least one hour and continue until all persons wishing to balls." comment have been heard or other arrangements are made. 10. "I'm kid-like happy on the inside. I have the enthusiasm of a 2-year-old with a college de- The hearings are for the purpose of receiving unsworn statements of members of the public gree and a business card. I am the eternal cheer- regarding this application. A verbatim transcript will be prepared. The Board ultimately may leader for myself and others. I want everyone to win (except my competition)." grant or deny the PSEG Power New York application, or amend the proposed conditions I interviewed Nonis at the Cintas Southeast presented by the applicant. sales conference. Besides being a gem of a per- son, her interview produced several verbal It is not necessary to make an appointment in advance or to present written material in order to gems—here are a few more for you. • "My attitude knob is always set on positive." speak. Speakers will be called after completing a card requesting time to speak at the time of the • "I create rapport so that the prospect feels hearing. Persons not wishing to speak may nevertheless comment in writing by mailing their like he or she is in my home and can go to my statements to Secretary Janet Hand Deixler at the offices of the Public Service Commission, fridge and get a Coca-Cola (or Diet Coke, my fa- vorite) without asking." Three Empire State Plaza, Albany, New York 12223-1350. Both written and oral statements will be Then I asked her if there was any one char- considered in the Siting Board's review process. acteristic she would place over the others? "I am Gomer Pyle-friendly, sincere, and be- Disabled persons requiring special accommodations should contact the Compliance Officer lievable," she said with pride. at (518) 473-8869 (or, for a sign language interpreter, call (212) 290-4292) at least one week FREEGITBIT in advance. Want some more number one wisdom? I've prepared a list of Terri Norris sales gems and This matter is being heard in Case 97-F-2162 -Application by PSEG Power New York Inc. for a Certificate of philosophies from our interview—winning Environmmtal Compatibility and Public Need to Construct and Operate a 730 Megawatt Natural Gas-Fired philosophies and strategies. Want them? Just go to www.gitomer.com, register if you're a first Co7nbined Cycle, Combustion Turbine Generating Facility in the Town of Bethlehem., Albany County. The hearing time visitor, and enter the word NORRIS in the is being held contemporaneously and on a joint record with the related New York State Department of GitBit box. Environmental Conservation (NYSDEC) proceedings concerning the environmental permits needed for JEFFREY GITGMER, author of "The Sales Bible" the proposed facility. The NYSDEC matters are being heard in DEC #4-0122-00044/00021. and "Customer Satisfaction is Worthless, Customer Loyalty is Priceless," is president Janet Hand Deixler of Charlotte, N.C.-based Buy Gitomer. He Secretary gives seminars, runs annual sales meet- ings, and conducts training programs on selling and customer service. He can he reached at (704) 333-1112, or e-mail to [email protected]. t NIXON PEABODY LLP ATTORNEYS AT LAW Omni Plaza, Suite 900 30 South Pearl Street Albany, New York 12207-3497 (518)427-2650 Fax:(518)427-2666 Richard M. Cogen Direct Dial: (518)427-2665 E-Mail: [email protected] October 17, 2001 VIA HAND DELIVERY Hon. P. Nicholas Garlick Associate Examiner NYS Department of Environmental Conservation 625 Broadway, 1st Floor Albany, NY 12233-1550 RE: Applicant: PSEG Power New York Inc, 80 Park Plaza, Newark, NJ 07101 Application Number: DEC # 4-0122-00044/00021; PSC Case # 97-F-2162 Dear Judge Garlick: Enclosed please find original Affidavits of Publication pertaining to the above-mentioned application. The notices were published by PSEGNY as follows: On September 18, 2001 in the Times Union (PSD Permit Notice); On September 19,2001 in the Times Union (DEC Combined Notice) On September 19,2001 in the Spotlight (PSD Permit Notice and DEC Combined Notice); Although the publication dates in the Spotlight are as stated in my September 21,2001 letter to you, the other publication dates are not. Our firm did not handle the actual publications of the notices. In preparing my September 21,2001 letter to you, I relied upon information provided to me by the people who handled the publication (proofs of publication were not available at that time). When the people provided the proofs of publication to me (on Monday, October 15, 2001), our office identified the discrepancy between the dates in my September 21, 2001 letter and the actual dates of publication of the DEC notices. Upon discovering the discrepancy, I advised your office about it by voice mail on October 15,2001, and you and I subsequently discussed it by telephone. My understanding is that the discrepancy arose because of confusion in the minds of the people handling the publications between the DEC notices and the Siting Board Notice. The A26586.1 ALBANY, NY • BOSTON, MA • BUFFALO, NY • GARDEN CITY, NY • HARTFORD. CT • MANCHESTER, NH • MCLEAN, VA • NEW YORK, NY • PROVIDENCE, Rl • ROCHESTER. NY • WASHINGTON, DC NIXON ^EABODY LLP Hon. P. Nicholas Garlick October 17, 2001 Page 2 Siting Board notice was published in the Spotlight, the Times Union, and Troy Record on September 16,2001, in the News Herald on September 19,2001 and in the Capital District Business Review on September 24,2001. I apologize for this error, and for any inconvenience that it may cause. Thank you for your cooperation. Sincerely, (jfyvj A?. 6H^ Richard M. Cogen Enclosures cc: Active Party Service List without enclosures (via US Mail) A. D. COOPER C. A. FLEMING of the City of Albany, being duly sworn, says that he/she is Principal Clerk of The TIMES UNION, a daily newspaper printed in the County of Albany, Town of Colonie and Published in the County of Albany, Town of STATE of NEW YORK Colonie and the City of Albany, aforesaid and that notice of which a printed copy is annexed, has been regularly ss: published in the said ALBANY TIMES UNION, 3 times a week for / successive weeks, 3 times City and County of Albany commencing on the^E. day of Sworn to before me, thi:this 27 A dayofioflb., "?*'*£.. ___ ''lABEEL 8HOHATEE Notary Public JJOtery PuKlc, Stats of New Vo* Albany County Qualified In Sclvanectady County Refl.No.0l8HS051536 comnjfestonExpire* Nnwrnhf.,g^ Of 11MES UNION • Aibany, New Yoit A R O U N D RE G I O N Tuesday, Septembg 18.2001 ' c Martin testified last week that she had suggested to Zwack and other county officials that Beau- doiri-te placed on inlaid suspen- sion aridretrained. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION , Bot^wack wanted hijn out, she testifigd And after forcing the NOTICE OF DETERMINATION TO ISSUE distraugjit man ©.resign, A^rtin said Zwack joked that he deserved : ^ PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT an Academy Award for his perfor- • "''•- :..' APPUCANT:mE(iPOWERNEWYO^INC.,80PAl^PLAZA,NEVyARK,^miQJ, .._.. ^,. Beaudoin testified later that he AFPUCA11UN NUMJiER: DEC* 44)122-00044/00021; PSC CASE* 97^2162 - - ' didnVrecall Martin's being present at chat meeting. Monday Bouchard said it was Martin who was pushing for Beau- PROJECT DESCRIPTION: The Applicani, PSEG Power New York Inc. proposes (Permits and Registrations), Subpart 231-2 (Requirements for Emission Sources Subject doin's termination Beaudoin testified later that he AFfUCAI'JON NUMBEK-DEC # 4412240044/00021; PSCOiSE it 97-F&]62~^T didn't recall Martin's being present at that meeting. Monday Bouchard said it was PROJECT DESCRIPTION: The Applicant, PSEG Power New York Inc. proposes Martin who was pushing for Beau- (Penhits and Registrations), Subpart 231-2 (Requirements for Emission Sources Subject to construct and operate the Bethlehem Energy Center (BEC), a gas-fired combined dpin's termination during a meet- to §§ 172 and 173 of the Qcan Air Act, 42 USC §7502 ami §7503 on or after ing with Zwack, deputy County cycle power generation facility consisting of three General Electric 7 FA combustion November 15,1992) and Part 621 (Uniform Procedures). A separate notice will be Attorney Dan Ehring, Emergency turbines (CTGs), three heat recovery steam generators (HRSGs), one steam turbine issued concurrently, which will provide an opportunity for the public to comment ori Services Director David Cook and generator (STG) and associated balance-of-plant systems and facilities. The primary the 6 NYCRR Part 20I-6.I preconstruction permit, and the Stale Pollutant Discharge himself fuel will be natural gas and the facility will have the capacity to use low (0.04 percent) Elimination System (SPDES) draft permit. 1 said without a history of sulfur distillate oil as a secondary fuel. The nominal electricgenerating capacity of the misconduct by a call-taker ... it proposed facility will be approximately 750 megawatts (MW). SEQRA STATUS: DEC has determined that the proposed action is a Type 11 would be highly unlikely a person .act^n^e NYCRR §6I7.5(c) (35). A comprehensive environmental review is being The Applicant proposes to install ah oxidation catalyst system to reduce carbon would be fired," Bouchard said. conducted pursuant to PSL Article X. "You would probably have to pun- monoxide (CO) and volatile organic compounds (VOC), and a selective catalytic ish and retrain him." : reduction system (SCR) to reduce NOx. The air emissions resulting from the ' TENTATIVE DEC STAFF POSITION: DEC Staff has reviewed the PSD ^ When she heard that, Martin turbines and generators will be vented through three 248 foot high exhaust stacks. ajpplication and determined it is complete pursuant to 6 NYCRR Pan 621. Staff "stiffened up, raised her voice and The Applicant proposes to utilize evaporative mechanical draft cooling lowers with has determined that all statutory and regulatory criteria can be met through the Jsaid, 'Thatfs (expletive) ridicu- a closed-loop circulating-water system. impositionof special conditions. A draft PSD permit is being made available for louSi'^ Bouchard testified. "She public comment The emissions limits and special permit conditions imposed PUBLIC NOTICE: DEC Staff has made a tentative determination that the looked at Henry and said, That on the'Applicant's construction and operations reflect those proposed by the n proposed construction of a 750 MW natural gasired combined q'de facility by the iftan should be fired for what he Applicant in its PSD permit application (Volume 5, Appendix L.2 of the Article X Applicant, is subject to and satisfies the federal prevention of significant deterioration did' ...rand then she took her pad application, revised June. 2001). A draft PSD permit and fact sheets are available and pen and slammed them on the (PSD) requirements contained in 40 CFR §52.21. The only air pollutant for the BEC for review. which is subject to control pursuant to the PSD-requirements is particulate matter (PM&PM!0).Theprojeclhasnettedout of PSD applicability for all other PSD PUBLIC COMMENTS/APPEAL PROCEDURE: DEC invites public pollutants in reliance on the proposed shutdown of the existing Albany Steam Station, comment regarding this tentative determination. DEC's final determination will be which is to be replaced by the BEC. The Albany Steam Station will be permanently made only after full consideration of all public comment received. Comments are to Registered retired upon commencement of commercial operation of the BEC. The air emissions be limited to PSD concerns and must be in writing, and must be accompanied with resulting from the turbines and generators will be vented through three 248 foot adequate supporting information. The PSD aspects, as noted above, address the offender high exhaust stacks. The DEC Staff has also verified that the emissions of particulate proposed particulate matter (PM and PM10). The public comment period on the matter will not cause, or significantly contribute to, an exceedance of any national draft PSD permit will run from the date of publication of this public notice until ambient air quality standard for PM/PM,0, and will not consume more than the October 22, 2001. Written comments about DEC Staff's tentative PSD determination faces sex allowable PSD air quality increment. The projected net maximum concentrations must be filed with the DEC project manager at the address provided below. of all other PSD — pollutants are below U.S. Environmental Protection Agency The final 'determination may be appealed administratively within 30 days of the charges (EPA)-defined significance levels. The facility is also subject to the Federal New .Applicant's receipt of the final PSD permit determination. Only those persons who file Source Performance Standards at 40 CFR Part 60. In addition to the operating comments on this PSD preliminary determination may petition the EPA Environmental TROY — A Rensselaer Coun- restrictions and emission limitations proposed in the application, which have been Appeals Board for administrative review of the PSD determination. Persons who foil to ty grand jury has returned a incorporated as special permit conditions, DEC Staff has imposed further limitations file comments may petition for review only to the extent of any changes from the draft four-count indictment against a on the project PM/PM]0 emissions to ensure compliance with all applicable regulations to the final permit decision regarding PSD issues. If no comments are received and registered sex offender who alleg- and requirements, as provided in the "fact sheet", in the administrative record. DEC makes no changes to the PSD determination from the draft to the final decision, edly offered to perform a sex act no opportunity for further review or appeal will be available. f»n a 13-year-old boy in July. PROJECT LOCATION: The facility would be located on the site of an existing JN Dennis j. Duboy, 50, of 64 power generating facility, the Albany Steam Station, on State Route 144 in Glenmont, The procedures for admirmtrative review are defined in 40 CFR Part 124. Any such petition ^Jngalls Ave., is charged with Town of Bethlehem, Albany County, on an 84-acre parcel owned entirely by the for review shall incltideastaleTiientofthereasoTis supporting thai review andshall adhere to ^third^degree criminal solicitation, Applicant The entire project area is zoned for Heavy Industrial use. The BEC will the standards outlined in 40 CFR $12419. i&iluf^to register or'verify and be bounded on the west by State Route 144, on the east by the Hudson River, on Upon completion of the administrative review process (if applicable), the final decision will •sjOivo cdnnts of endangering the the south by an unused oil terminal owned by Niagara Mohawk, and on the north become the final agency action and will be published in the Federal Register. Those who -wel^^f a child. Officials said he by unused property owned by Niagara Mohawk. appealed for administrative review may petition for judicial review within 60 days foil owing l|fas charged with failure to regis- the final EPA decision. ajr bjiic£use. he didn't tell them NYS PUBLIC SERVICE LAW; This project is subject to review pursuant to ^bout^n address change.. New York State Public Service Law (PSL) Article X (Siting of Major Electric DOCUMENT AVAILABIUTY: All filed application materials and the draft ' Troy police arrested Duboy Generating Facilities) and requires a Certificate of Environmental Compatibility and PSD permit and attendant fact sheets are available for public inspection at the July 19, foilowingan investigation Public Need '5 -'it 1.id APPUCAWPSEGPOWEkNEWW^ WORA STATUS: Tlie DEC Staffhasdetennined that the proposal is a Type Ilaction as dfl^f^ckiei^cXSW.Acomp^emiveenviro^^^ conduct^p^ttoP^cleX^ ^ DOCUMENT AVAILABILITY: hasbeendetenninedthataUa^pro^stamto^andreg^ 1 m facility will be approximately 750 megawatts (MW). rvSleiK^^^ 3i ^Department of Environmental Conservation, Region ^Headqu^ 1150 North ^Soffi Schenectady, NY 12306. Contact: Michael T. Higgrns at (518)357-2069 SPATE POLLUtANT DISCHARGE OJMINATION SVSTEM (SPDES) wniTTFN COMMENTS: All written comments about the draft preconstmction ,h ^DESPERM1T:P^..oECL^^AI?^^XSXr from new steam electric generatingfacilities. TheDECconcludesthatdieappUcationfor^e^^^^^^^ hearihgs under State administrative procedures. 6 NYCRR §621 J(d) and has tentatively ^f^^^g^^ DEChasprepareddraftpermitspurSuantto6NYCRR§b2i.5(clK/). ^ PUBLIC HEARINGS SESSIONS AND ISSUES TheApphcantproposestowidi^wanaverageo^Mo^^^^ CONFERENCE (8.53 MGD maximum) from the Hudson ^k h3^^^0! at the Town of I FrTSLATIVE PUBLIC HEARING: Legislative hearing sessiom to receive unsworn discha^edtotheHudsonRiverviaexistmgoutfalls.StormwaterwiiiDC e the Hudson River via existing outfalls. ACDnFc The intake is from the Hudson River. Tbe discharges covered under the draft SPDES SrXorocSrAll per^m, o^tioV corporations, or goye^^^^ mfvt ^erte?b7S proposed project are invited to attend the h^ permit are described as follows: maybe attecteaDymepppj^^^^^^ Outfall 001 (Cooling Tower Slowdown and FacUity Service Water) will SvCs•ntssSrbe^^^^ discharge to the Hudson River. Outfall 002 (Site Runoff) will discharge to the Hudson River. SS^Sofflls^-^^^ Outfall 003 (Combination ^f suboutfalls;003A and 003C) will discharge to the Hudson River. Outfall 03A (Low Volume Wastestreams-Equipment and Floor Drains) will be sent to an Kriol^rtoAehearing^ursu^^ 15S1IES CONFERENCE: A pre-adjudicatory hearing Issues Conference jsschttM"1 to ? u .7^ ^ n^hVr « 2001 at 10 am at Department of PubUc Service Offices, 3rd Outfall003. .iiu . be held Tuesday, f^^fi^Ze^^, New York, and continue day to day —Outfell 004 (Oil Storageo Area Runoff)^!- discharge to the Hudson River. / conlerence may be cai^led ifno filings foe party stams are recei^ ^^(Hy.-ostaticTan.TestWate.^dischargetotheHudson^er.aOu^O^. ^..ro^^^^^^^ P Outfall 005 (Chlorine Analyzer) will discharge to the Hudson River. -4 &TconfereLe. Parted to theWed PSL Article ^P-c^g^e notautomatt- e 06 callv sianted fuU part)- status, and must file a petition pursuant o 6 NYCRR §b*L5 to AIR PERMITS: The Applicant has filed individual applications seeking * i^ SSS. the DEC Issues Conference. The draft PSD penmt conditions refeired to £S fpreSu tion peVLt piquant to 6 NYCRR §201^ J (b) and Subp^201-5 above is not subject to an adjudicatory or evidentiary hearing. Sa^ntionofSignScantD^^^^^ incoiporated by reference at 6 NYCWl §200^, and (c) a Pto« 11 am P P ^ FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate in u Se cSencfconceming the draft pennits identified in this Notice (except die 40 CFR Part 72 as incorporated by reference at 6 NYCRR ^OOiU. 1 ^ ^r^||" , (A] m PSD pemdt) parties must file a Written petition requesting P^^c Iu^S f* factS 3ie applications for theSe pennits are complete withm the ^g^D^^d T Mid has tentatively detem^ned to issue the permits. Consequendy, the DEC has prepared LtendeX presentation pursuant to 6 NYCRR §§624.4(0 and 624.5(b). In addition any draft permits pursuant to 6 NYCRR §621.5(d)(7). netition must fullv identify the proposed part)- and the name(s) of the persons) who wtil act L ie pam's S ^terests, the statutory considera- TheconcMonsinthedraftpreconstructionpenni^ tions relevant to the project, whether the request is for full party status or anucus status, and of the proposed facility and assures conformance of die BEC w.th aU aPf ^ J13^^ rF^ounds L opposing or supporting the project. Mere opposition to the project FeS afr pollution control regulations including the requirement. ^6 ^RR ^m 201, is not a sufficient basis to be granted party status. 904 991^997 9S1 and 257 as well as all New Source Performance Standards (NSPS.) at W r^SeoSu^ttoeweksubpart 231-2, the Apphcant had createdm If seeking hiUpam status, the petitioner must propose issues that couldres^tinpe^tde^, S Sons SSand 23.7 tons of VOC from the existing Albany Steam Stanon winch wiU mSSdfficStion of the proposed project, orthe imposition of sigmfic^tpenmcon^^^^ betrmrndy retired upon commencement of commercial operation f^ ^ hem Snetitirmust identify^ r i^TvrtnfPr These offrets were established as Emission Reduction Credits (ERLs) m the explSi S If a party intends to rely upon expert testimony, the petition must also incude an S£S SSS^ENB) on 7/.8/0!. No P-^ZL'SSTS^iof pn/- ^^ Th*** VRCa "nffset" the oro ect emissions of 446.2 tons ot INUX ana oo.o ions u. eridence that the pLy intends to presentatthehearing, and the grounds upon which the assertions are based regarding the proposed issues. Scriose^rasSVOc'ShSene^^^^^ pubhc notice of the ERCs pursuant to the reqmre For amicus status, the filing must identify the nature of the le^l or policy issues to be Section 231-2.10. briefed, and provide a statement explaining why the proposed armcus is m a special ThP terms and conditions of the draft PSD permit are not subject to public hearing under State positioA with respect to those issues. All petitions must be received by 3 p.m. October 17 2001. Ccopy of anypetition requesting either foil party stams or amicus statusmust be served upon the following individuals: Prevention ofSignificantDeterioration (PSD) Perautpursuantto 40 CFR §52.21 and Part W. 4) Administrative Law Judge Nicholas Gariick, Office of Hearings and Mediation Services, ADDITIONAL REGULATORY PROVISIONS NYSDEC, 625 Broadway, First Floor, Albany, NY 12233-1550, 5)AdnumstrativeUwJudge William Boute^ NYS PUBLIC SERVICE LAW (PSL): This project requires a Certificate of Dispute Resolution, NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350, SLntalCompatibmtyand^ A e 6) Thomas J. McGuire, Esq., Senior Attorney, Office of General Counsel, NYSDEC, 625 subject to review pursuant to New York State Public Service Law PSL) ^ ^ ["f °* Broadway, Albany, NY 12233-1500; Ma or Electric Generating Facilities). The PSL Article X appbeadon was filed on July 2 2001. S conSns contained^ the draft permits identified in this notice wdl be mcorporated 7) David Van Ort, Esq., Office of General Counsel, NYSDPS, 3 Empire State Plaza, Albany, into the Article X hearing record for the (BEC). New York 12223-1350; and 8) Richard M. Cogen, Esq., Nixon Peabody LLP, Omni Plaza, Suite 900, The DEC public hearings noticed below are being heldjointly with the plated PSL ArtideX 30 South Pearl Street, Albany, NY 12207-3497. ^ocee^nS conceminfthe Article X apphcation filed by PSEG Power, for a Ceroficate for ScTreC Case #97?F-2162). For adcfitional information concemmg the PSL Article X Service by fax is NOT authorized. As previously explained, parties to the related PSL Artide X Application and related hearings go to the Department of Public Semce web page at: nroceeding are not automatically granted foil part)' status with respect to the DEC environmental http://www.dps.state.ny.us/bethlehem.htm. permits and must file a petition pursuant to 6 NYCRR §624.5 in order to participate m the DEC Issues Conference. NYS ENVIRONMENTAL CONSERVATION LAW AND IMPLEMENTING REGULATIONS: In addition to the specific statutes and regulations Danwl E. Louis cSove ^subject SPDES and the preconstmction and Phase II ^e IV - penm^ Chief Administrative Law Judge annlications are being processed by the DEC pursuant to ECL Article 3, Tide 3 (General September 5. 200/ FmSrECL Artide 17 (Water PoUution Control), EGL Article 19 (Air PoUution Control). S WCRR Subparts 201-6 (Pennits and Registrations) and 231f (Reqm-men^or Sssion Sources Subject to §§172 and 173 of the Glean Air Act ^SC§7.^ on or after November 15,1992), Part 621 (Uniform Procedures), Part 624 (Penmt Heanng Procedures), and Parts 750- 758 (State Pollutant Discharge Elimination System). STATE OF NEW YORK ) COUNTY OF ALB ANY ELIZABETH BRADT Of the Town of Bethlehem, being duly sworn, says that she is the RECEPTIONIST for THE SPOTLIGHT, a weekly newspaper published in Albany County, and that the notice of which the annexed is a true copy, has beenjegularly published in said THE SPOTLIGHT, ONCE A WEEK FORC^O WEEK(S) consecutively, commencing on the /^/^day of sZcfirmbeJ— 2001. ^-/hA^Jjf Swom to before me this ^9^ day c>i y^—<^—«»-*— &£hjj Notary Public • : SHARON ^M;^. Qualified m Ow^tW^^ll > STATE OF NEW YORK } COUNTY OF ALB ANY RTJZABHTHBRADT Of the Town of Bethlehem, being duly sworn, says that she is the RECEPTIONIST for THE SPOTLIGHT, a weekly newspaper published in Albany County, and that the notice of which the annexed is a true copy, has beenjegularly published in said THE SPOTLIGHT, ONCE A WEEK FOR(fre WEEK(S) consecutively, commencing on the IW—day of 1fi-*~~ rfDuXJ Notary Public SHAROriA-DOLM jj &mmission Exprcs Jan. 30. /^A — THESPOTUGHT September 19. 2001 — PAGE 9 =* NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF DETERMINATION TO ISSUE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT APPLICANT: PSEG POWER NEW YORK INC., 80 PARK PLAZA, NEWARK, NJ 07101 APPLICATION NUMBER: DEC* 4-0122-00044/00021; PSC CASE §97-F-2162 PROJECT DESCRIPTION: The Applicant, PSEG Power New York Inc. (Air Pollution Control), and Tide 6 of the New York Compilation of Codes, proposes to construct and operate the Bethlehem Energy Center (BEC), Rules and Regulations (6 NYCRR) Part 201 (Permits and Registrations), a gas-fired combined cycle power generation fatility consisting of three Subpart 231-2 (Requirements for Emission Sources Subject to §§ 172 and 173 General Electric 7 FA-combustion turbines (CTGs), three heat recovery steam of the Clean Air Act, 42 USC §7502 and §7503 on or after November 15,1992) generators (HRSGs), one steam turbine generator (STG) and associated and Part 621 (Uniform Procedures). A separate notice will be issued balance-of-plant systems and facilities. The primary fuel will be natural gas and concurrendy, which will provide an opportunity for the public to comment the facility will have the capacity to use low (0.04 percent) sulfur distillate oil on the 6 NYCRR Part 201-6.1 preconstruction permit, and the State Pollutant as a secondary fuel. The nominal electric generating capacity of the proposed Discharge Elimination System (SPDES) draft permit. facility will be approximately 750 megawatts (MW). SEQRA STATUS: DEC has determined that the proposed action is a The Applicant proposes to install an oxidation catalyst system to reduce Type II actioh 6 NYCRR §6l7.5(c) (35). A comprehensive environmental carbon monoxide (CO) and volatile organic compounds (VOC), and a review is being conducted pursuant to PSL Article X. selective catalytic reduction system (SCR) to reduce NOx. The air emissions resulting from the turbines and generators will be vented through three TENTATIVE DEC STAFF POSITION: DEC Staff has reviewed th'e 248 foot high exhaust stacks. The Applicant proposes to udlize evaporative PSD application and determined it is complete pursuant to 6 NYCRR Part mechanical draft cooling towers with a closed-loop circulating-water system. 621. Staff has determined that allstatutory and regulatory criteria can be met through the imposition of special conditions. A draft PSD permit is PUBLIC NOTICE: DEC Staff has made a tentadve determinadon that being made available for public comment. The emissions limits and special the proposed construcdon of a 750 MW natural gas-fired combined cycle permit conditions imposed on the Applicant's construction and operations facility by the Applicant, is subject to and satisfies the fdderal prevention of reflect those proposed by the Applicant in its PSD permit application , significant deterioration (PSD) requirements contained in 40 CFR §52.21. (Volume 5, Appendix L.2 of the Article X application, revised June, 2001). The only air pollutant for the BEC which is subject to control pursuant to the A draft PSD permit and fact sheets are available for review. , „.., PSD requirements is particulate matter (PM & PM10). The project has netted out of PSD applicability for all other PSD pollutants in reliance on the PUBLIC COMMENTS/APPEAL PROCEDURE: DEC invite? proposed shutdown of the existing Albany Steam Station, which is to be public comment regarding this tentative determination. DEC's final replaced by the BEC. The Albany Steam Station will be permanendy retired determination will be made only after full consideration of all public upon commencement of commercial operation of the BEC. The air emissions comment received. Comments are to be limited to PSD concerns and r resulting from the turbines and generators will be vented through three ' • must be in writing; and must be accompanied with adequate supporting 248 foot high exhaust stacks. The DEC Staff has also verified that the information. The'PSD aspects, asrioted above; address the proposed emissions of particulate matter will not cause, or significantly contribute to, particulate matter (PM and PMi0). The public comment period on the. draft PSD permit will run from the date of publication of this public notice an exceedance of any national ambient air quality standard for PM/PMi0, c and will not consume more than the allowable PSD air quality increment. . until October 22, 2001. Written commehts about DEC Staffs tentatiyePSE) • The projeeted net maximum concentrations of all other PSD ^ pollutants determination must be filed with the. DEC project manager at the address,- are below U.S. Environmental Protection Agency (EPA)-defined significance provided below. levels. The facility is also subject to the Federal New Source Performance . The final determination may be appealed administratively within 30 days of die Standards at 40 CFR Part 60. In addition to the operating restrictions and Applicant's receipt of the final PSD permit determination.. Only those persons emission limitations proposed in the application, which have been who file comments on this PSD preliminary determination may petition the incorporated as special permit conditions, DEC Staff has imposed further c' EPA Environmental Appeals Board for administrative review of the PSD deter- limitations on the project PM/PM10 emissions to ensure compliance with-v:!,,,;! mination; Persons who fail to file comments may petition for review only toidie ii all applicable regulations and requirements, as provided in the "fact sheet" extent of any changes from the draft to the final permit decision regarding PSD in die administrative record. issues. If no comments are received and DEC makes no changes to the PSD determination from the draft to the final decision, no opportunity for further PROJECT LOCATION: The facility would be located on the site of an review or appeal will be available. existing power generating-facility, the Albany Steam Station, on State Route 144 ihGlenmont, Town of Bethlehem; Albany County, on an 84-acre parcel The procedures for administrative review are defined in 40 CFR Part 124. Any such owned entirely by the Applicant. The entire project area is zoned for Heavy petition for review shal I include a statement of the reasons supporting that review and shall adhere to the standards outlined in 40 CFR §§ 12419. Industrial use, The BEC willbe bounded on the west by State Route 144, on the east by the Hudson River, on the south by an unused oil terminal Upon completion of the administrative review process (if applicable), the final owned by Niagara Mohawk, and on the north by unused property owned by decvsiqn wilt become the final agencyaction and will be publisfied in the Federal • Niagara Mohawk. , Reguter.Thase who dppmledforiulministrative review may petition fa^ review within 60 daysfollowingthefinal EPA decision. NYS PUBLIC SERVICE LAW: This project is subject to review pursuant to New York State Public Service Law (PSL) Article X (Siting DOCUMENT AVAILABILITY: All filed application materials and of Major Electric Generating Facilities) and requires a Certificate of the draft PSD permit and attendant fait sheets are available for public , Environmental Compatibility and Public Need (Certificate) from the New inspection at the following DEC offices between 9 a.m. and 4 p.m., York State Board on Electric Generation Siting and the Environment to- Monday through Friday: construct and operate a 750 MW natural gas-fired combined cycle facility. 1. NYS Department of Environmental Conservation, Division of. The Article X application was filed on July 2, 2001. { • Environmental Permits, 625 Broadway, Albany, New York 12233-1750.. Contact: Kevin Kispert, Project Manager, at (518) 402-9161. OTHER REGULATORY PROVISIONS: In addition to the specific regulations cited above, the Article X application is being processed by DEC 2. NYS Department of Environmental Conservation, Region 4 Headquarters, Staff pursuant to Environmental Conservation Law (ECL) Article 3, Tide 3 1150 North Westcott Rd., Schenectady, New York 12306. (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 Contact: Michael T. Higgins at (518)357-2069. THE SPOTLIGHT September 19, 2001 — PAGE 21 NYS ENVIRONMENTAI. CONSERVATION JAW AND ISSUES CONFERENCE: A pre-adjudicatory hearing Issues IMPUEMENTiNGREGU^TIONSilri action to the specific statutes Conference is scheduled tobe held Tuesday, October 23,2001 at 100 a.m. and regulations dted above, the subj ect SPDES and the preconstruction arid •• at Departmerit of Public Service Offices, 3rd Floor, Agency Building 3, Phase 11 tide I¥ Wpeiroit apphcations ^e.b(?ingpfoces^d by the DEC *;• 3 Empire State Plaza, Albany, New York, arid continue day to day at the same pursuant to EGL Article 3, tide 3 (General Functions); ECL Article 17 ; location, if necessary. At the Issues Conference, the ALJ will detertnine what (Water Pollution Control), ECL Article 19 (Air Pollution Control), arid issues^ if any, require adjudication, and will define the scope of such issues. 6NYCRRSubpam2Ql^(PerriutsMdRegis^^ Ci i. ; ,; i The Issues Conference maybe canceled if no filings for party status are e (Requjurtmerits for Emission Sources Subject to §§172 ^d i7$V* P^M ^ received by the deadline listed below Participation in die DEC Issues Air Act ,42 USC §7502 and §7503 on or after Noymber 15,1992),fart 621 Coiiference will be limited to the DEC Staff, the Applicant and those (Uniform Procedures), Part 624 (Permit Hearing Procedures), and f - , persoris requesting party status pursuant to 6 NYCRR §624.5 in advance of Parts 750-758 (State Pollutant Discharge Elimination System). .,;' ' the Issues Conference. Parties to the related PSL Article X proceeding are not automatically granted lull party status, and must file a petition pursuant SEQRA STATUS: The DEC StaflFhas determine t^tAeprOpos^u to 6 NYCRR §624.5 to participate in the DEC Issues Conference. The draft Type II action as designated by 6 NYCRR §617;5(c)(35). A comprehenavie PSD permit conditions referred to above is not subject to an adjudicatory environment reviw is beirig conducted piquant to PSE Article X or evidentiary hearing. TENTATIVE DEC STAFF POSITION AND DOCUMENT FILING FOR PARTY STATUS AND PROPOSED ISSUES; to AVAILABILITY: The DEC has reviewed the AppUcant's application • participate in the Issue Conference concerning the draft permits identified materials and supporting documentation and has determined that they are in this Notice (except the PSD permit), parties must file a written petition complete pursuant to 6 NYCRR Part 621. A tentativedetermination has been requesting party status including the facts intended for presentation made to approve this application and prepare draft permits. It has been'; pursuant to 6 NYCRR §§624,4(c) and 624 5(b). In addition, any petition determined that all air prdgram statutoryand regulatory criteria can be met i miist fully ideritify the proposed party and the name(s) of thie person(s) through the imposition of specialpermit conditions. For the 201-6 draft air who will act as the party's representative(s), the party's environmental preconstruction permit, the DEC has incorporated control technologies interests, the statutory considerations relevant to the project, whether die and emission limits proposed by the Applicant, and has independendy request is for full party status or amicUs status, arid the precise grounds for developed additional conditions to ensure compliance with all regulatory requiremients. The background documentation of this determination is opposingor supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status. ^ available in the "fact sheets" and the administrative record for the project. The appUcation materials, feet sheet, the draft air precdnstructiori permit, L If sieekingfull party status, the petitioner must propose issues that could draft Phase II title IV permit, and the draft SPDES permit are available for result in permit denial, major modification of the proposed project, or the review ait the following locations during normal business hours between imposition of significant permit conditions. The petition must identify all 9 a.m. and 4 p.'m., Monday through Friday: statutory and regulatory requirements which may riot be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include 1) NYS DEC Office of Hearings and Mediation Services, 625 Broadway, an offer of proof that specifies the witnesses), the nature of the aigmrients, any First Floor, Albany, New York 12233-1550. Contact: Administfative documentary evidence that the party intends to present at the hearing, and the Law Judge P. Nicholas GarUck at (518)402-9003; grounds upon which the assertions are based regarding the proposed issues. 2) NYS DEC Division of Environmental Permits, 625 Broadway, Albjrny, New York 1223^1750. Contact: kevin Kispert, Project Manager, at (518) For amicus status, the filing iriust identify the nature of the legal or policy issues .to be briefed, and provide a statement explaining why the proposed 402-9161;and •\:::'r'' ..•- :•'; r::''.'. ;:'•••:.•• z'•''•;;=. " amicus is in a. specif position wth respect to thpse issues. ; -. 3) NYS Department of Environmental Conservation, Region 4 iv Headquarters, 1150 North Westcott Rd., Schenectady, New York 12306. All petitions must be received by 3 p.m. October 17; 2001. One copy of any Contact: Michael T. Higgins at (518)357-2069. petition requesting either full party status Or amicus status must be served upon the followng individuals:;, WRITTEN COMMENTS: All written comments about the draft preconstructionpermit, draft Phase II title FV pdnriit, and draft SPDES 4) Administrative Law Judge P. Nicholas Garlick, Office of Hearings permit must be postmarked by October 22,2001, and sent to Administrative ainid Mediation Services; NYSDEC, 625 Broadway, First Floor, Albany, Law Judge P. Nicholas GarUck, NYS DEC Office of Hearings arid Mediation New \brk 12233-1550; ;_ Services, 625 Broadway, First Floor, Albany, New York 12233-1550. :• Vv'",-,.; ;-.,F , -Xv,^: - - ^^^.u,,..;^.,( ,^&£v.;';:_: PAGE 20 — September19, 2001 THE SPOTLIGHT NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ANNOUNCEMENT OF PUBLIC COMMENT PERIOD, AND COMBINED NOTICE OF COMPLETE APPLICATIONS, PUBLIC HEARING AND ISSUES CONFERENCE APPUCANT:PSEG POWER NEW YORKINC, 80 PARKPLAZA, NEWARK, NJ 07101 APPLICATION NUMBER: DEC # 4-0122-00044/00021; PSC CASE # 97-F-2162 PROJECT DESCRIPTION; The Applicant, PSEG Power New York Outfall 03C (Wastewater Treatment Plant Effluent and HRSG Blowdown) Inc. (PSEGNY), proposes to construct and operate the Bethlehem Energy will be sent thru on-site waste water treatment facility and discharged to the Center (BEC), a gas-fired combined cycle power generation facility consist- Hudson River via Outfall 003. ing of three General Electric 7 FA combustion turbines (CTGs), three heat Outfall 004 (Oil Storage Area Runoff) will discharge to the Hudson River. recovery steam generators (HRSGs), one steam turbine generator (STG) and associated balance-of-plant systems and facilities. The primary fuel will Outfall 04A (Hydrostatic Tank Test Water) will discharge to the Hudson be natural gas and the facility will have the capacity to use low (0.04 percent) River via Outfall 004. sulfur distillate oil as a secondary fuel. The nominal electric generating Outfall 005 (Chlorine Analyzer) will discharge to the Hudson River. capacity of the proposed facility will be approximately 750 megawatts (MW). AIR PERMITS: The Applicant has filed individual applications seeking The Applicant proposes to install an oxidation catalyst system to reduce the issuance of (a) a preconstruction permit pursuant to 6 NYCRR §201- carbon monoxide (CO) and volatile organic compounds (VOC), and a 6.1(b) and Subpart 201-5, (b) a Prevention of Significant Deterioration (PSD) selective catalytic reduction system (SCR) to reduce NOx. The air emissions permit pursuant to 40 CFR §51.21 as incorporated by reference at 6 NYCRR resulting from the turbines and generators will be vented through three §200 JO, and (c) a Phase II acid rain permit pursuant 40 CFR Part 72 as 248 foot high exhaust stacks. The Applicant proposes to utilize evaporative incoiporated by reference at 6 NYCRR §200 JO. The DEC concludes that the mechanical draft cooling towers with a closed-loop circulating-water system. applications for these permits are complete within the meaning of 6 NYCRR The BEC will be located on the site of an existing power generating facility, §621 J(d) and has tentatively determined to issue the permits. Consequently, the Albany Steiam Station, on State Route 144 in Glenmont, Town of the DEC has prepared draft permits pursuant to 6 NYCRR §621.5(d)(7). Bethlehem, Albany County, on an 84-acre parcel owned by the applicant. The conditions in the draft preconstruction permit authorizes the construc- The Albany Steam Station will be permanently retired upon commence- tion and operation of the proposed facility and assures conformance of the ment of commercial.operation of the BEC. The entire project area is zoned for Heavy Industrial use. The BEC is bounded on the west by State Route BEC with all applicable State and Federal air pollution control regulations including the requirements of 6 NYCRR Parts 201,204,225,227,231, and 144, on the east by the Hudson River, on the south by an unused oil terminal 257, as well as all New Source Performance Standards (NSPS) at 40 CFR Part owned by Niagara Mohawk, and on the north by unused property owned by Niagara Mohawk. 60. Pursuant to 6NYCRR Subpart 231-2, the Applicant had created internal offsets of 838.9 tons of NOx and 23.7 tons of VOC from the existing Albany STATE POLLUTANT DISCHARGE Steam Station which will be permanently retired upon commencement of ELIMINATION SYSTEM (SPDES) commercial operation of the.BethlehenvEnergy Center. These offsets were established as Emission Reduction Credits (ERCs) in the Environmental SPDES PERMIT: Pursuant to ECL §17-0823, the Applicant has filed an Notice Bulletin (ENB) on,7/18/01. No public comments were received on application with the DEC for a SPDES wastewater discharge permit and a the ERCs notice. These ERCs "offset" the project emissions of 446.2 tons request for certification that its discharges will comply with the applicable of NOx and 56.3 tons of VOCs such that the net increase was below the provisions of §§301,302,303,306 and 307 of the Federal Clean Water Act. thresholds of 231-2 applicability. The current notice also serves as the public The application was filed on July 3,2001, and as amended is consistent with notice of the ERCs pursuant to the requirements of 6 NYCRR Section 231-2 JO. the requirements of §402 of the Federal Clean Water Actfor discharges from new steam electric generating facilities. The terms and conditions of the draft PSD permit are not subject to public hearing under State administrative procedures. Reference to die PSD permit in The DEC concludes that the application for this permit is complete within this notice is for informational purposes only. The DEC is concurrently issuing the meaning of 6 NYCRR §621.1 (d) and has tentatively determined to issue forpublic comment a Notice of Determination to Issue Prevention of the permits. Consequently, the DEC has prepared draft permits pursuant to Significant Deterioration (PSD) Permit pursuant to 40 CFR §52.21 and Part 124. 6NYCRR§621.5(d)(7). The Applicant proposes to withdraw an average of 4.72 million gallons per ADDITIONAL REGULATORY PROVISIONS day (MGD) (8.53 MGb maximum) from the Hudson River via an intake NYS PUBLIC SERVICE LAW (PSL): This project requires a structure located at the facility. Sanitary wastewater will be routed to the Certificate of Environmental Compatibility and Public Need (Certificate) to publicly owned treatment works at the Town of Bethlehem. Wastewater will construct and operate, and is subject to review pursuant to New York State be subject to appropriate monitoring and treatment and discharged to the Public Service Law (PSL) Article X (Siting of Major Electric Generating Hudson River via existing outfalls. Stormwater will be discharged to the Facilities). The PSL Article X application was filed on July 2,2001. The Hudson River via existing outfalls. conditions contained in the draft permits identified in this notice will be The intake is from the Hudson River. The discharges covered under the incorporated into the Article X hearing record for the (BEC). draft SPDES permit are described as follows: The DEC public hearings noticed below are being held j ointly with the related Outfall 001 (CooUng Tower Blowdowh and Facility Service Water) will PSL Article X proceedings concerning the Article X application filed by discharge to the Hudson River. PSEG Power, for a Certificate for the BEC (PSC Case #97-F-2162). Ifor. additional information concerning the PSL Article X application and related Outfall 002 (Site Runoff) will discharge to the Hudson River. hearings go to the Department of Public Service web page at: Outfall 003 (Combination of suboutfalls 003A and 003C) will discharge to http://www.dps.state.ny.us/bethlehem.htin. the Hudson River. Outfall 03 A (Low Volume Wastestreams-Equipment and Floor Drains) will be sent to an oil/water separator and will discharge to the Hudson River via Outfall 003. NIXON PEABODY LLP ATTORNEYS AT LAW Omni Plaza, Suite 900 30 South Pearl Street Albany, New York 12207-3497 (518)427-2650 Fax:(518)427-2666 Richard M. Cogen Direct Dial: (518)427-2665 E-Mail: [email protected] October 31,2001 VIA HAND DELIVERY RECEIVED Hon. P. Nicholas Garlick OCT 3 1 2001 Associate Examiner Hear n9s an NYS Department of Environmental Conservation AIW « ^ ' d 625 Broadway, 1st Floor , •at've D'sPute Resolutfcn Albany, NY 12233-1550 ii RE: Applicant: PSEG Power New York Inc, 80 Park Plaza, Newark, NJ 07101 Application Number: DEC # 4-0122-00044/00021; PSC Case # 97-F-2162 Dear Judge Garlick: Enclosed please find original Affidavits of Publication from the Times Union and the Spotlight pertaining to the above-mentioned application. The Notice, which rescheduled the Legislative Hearing, Issues Conference and deadline for Petitions for Party Status, was published in the Times Union on Tuesday, October 23, 2001 and in the Spotlight on Wednesday, October 24,2001. Sincerely, KIAAMJ rl. (Li.—- Richard M. Cogen Enclosures ,^-cc: Hon. William Bouteiller with enclosures (via hand delivery) Active Party Service List without enclosures (via US mail) A26586.1 .<• • .._ ALBANY, NV • BOSTON, MA • BUFFALO. NV • GARDEN CITV, NY • HARTFORD. CT • MANCHESTER. NH • McLEAN, VA • NEW YORK. NY • PROVIDENCE. Rl • ROCHESTER, NY • WASHINGTON, DC A. D. COOPER C. A. FLEMING of the City of Albany, being duly sworn, says that he/she is Principal Clerk of The TIMES UNION, a daily newspaper printed in the County of Albany, Town of Colonie and Published in the County of Albany, Town of STATE of NEW YORK Colonie and the City of Albany, aforesaid and that notice of which a printed copy is annexed, has been regularly ss: published in the said ALBANY TIMES UNION,__Z_ times a week for / successive weeks, times City and County of Albany commencing on the^OTayof_M, £MJL t_bw worn to before me, this S) dayoLCfet ..G./ SEAH ^. MARTIN Notary Pub^S^e of ^ York Notary Public Albany County RES NO. 01MA50515SO Q \ Commission Expires Novsmbar 6 jiBdvdsniau unoiCpjnocfs p§pS-pSp flvi tsnf • • sdiQi 3696^001 isaq aiji JO^ Suiipjeas JO ^^^ iliPO^M noX uaijiyk 'X|jU3.puE i)saij SMau S/ 3i)i noX !.•>§ oa sSpajd jno sj] [jaded sXcp JEI]] J04 ^Xcd jiiippnoX JO (Xcpunt; uo tuc R) s. •E-6 Tuesday, October 23, 2001 CLASSIFIED WORKS!!! TO PLACE YOUR AD CALL 454-5000. TIMES UN LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE iT LEGAL NOTICE This Notice Reschedules the Legislature Hearing, Issues Conference and deadline NOTICE OF SALE (ConL from previous col.) (Cont, from previous col.) (Cont. from previous col.) (ConL from previous s. NOTICE OF SPECIAL MEETING for Petitions for Party Status. It also extends the public comment period. The original 21 Madison Avenue, >% MENANDS UNION FREE SCHOOL DISTRICT Notice was published on September 5,2001. Madison Park ny and State of New York, Phase 1 Modernization. Foreclosure and Sale en- adjoining said premisi '.NOTICE IS HEREBY GIVEN that pursuant to a resolutions This Notice does not extend the public comment period for the "Notice of Town of Colonie, New York Section 27.15 Block 4 Lot 18 Elevator Work CR #36 tered herein on August 29, the center line thereof." ^•adopted by the Board ol Education ol the Menands Union Determination to Issue Prevention of Significant Deterioration (PSD) Permit pub- SUPREMECOURT- Approximate amount of lien DA #1525609999 2001,l,the undersigned Ref- TOGETHER with . a'Free School Dislrict on September 5, 2001 and September lished in the ENB on September 5,2001. COUNTY OF ALBANY $155,021.27 plus interest Sealed bids for the above eree, will sell at public auc- tures and articles of per '.;i2,2001 that a special meeting ol the School District be and NEW YORK STATE THE BANK OF NEW and costs. Premises will be work located at 1400 Pelham tion at the Eagle Street En- property attached to =;lhe same is hereby called to be held in the Main Lobby of the DEPARTMENT OF ENVIRONMENT CONSERVATION YORK AS TRUSTEE UN- sold subject to provisions of Parkway, Bronx, NY. 10462 trance of the Albany County premises. ^.Menands Union Free School.-Menands, New York on ANNOUNCEMENT OF PUBLIC COMMENT PERIOD and DER THE POOLING AND filed judgment Index » will be received by the DOR- Courthouse, Albany, New Said premises are i-Qclober 30. 2001 from 12:00 noon until 9:00 p.m. prevailing COMBINED NOTICE OF COMPLETE APPLICATIONS. SERVICING AGREEMENT 5709/00 MITORY AUTHORITY - York, on Tuesday, Novem- subject to any slate of rtime for the purpose of voting on the following: DATED AS OF MAY 31, s PUBLIC HEARING and ISSUES CONFERENCE Richard McNally, Esq. STATE OF NEW YORK at ber 20, 2001 at 9:00 a.m., an accurate survey •[ 1. Voting on the following proposition: Applicant: PSEG Power New York Inc., 80 Park Plaza, Newark NJ 07101 1996, SERIES 1996-B, Referee its office located at 515 the Premises described in show, to covenants, Tii ^ RESOLVED, that the Board of Education is hereby Application Number: DEC # 4-0122-00044/00021; PSC Case # 97-F-2162 Plaintiff against KIM B. Jon B. Felice & Associates, Broadway, Albany,NY said Judgment as follows: tions and easementsji ^.authorized to (1) construct additions to and reconstruct the Project Description: The Applicant, PSEG Power New York Inc. (PSEGNY), proposes to MCGEE, Defendant(s). PC. 12207. Each bid must be SCHEDULE "A" to taxes, assessments, :.-Menands Union Free School building, including site work Pursuant to a judgment of !r construct and operate the Bethlehem Energy Center (BEC), a gas-f'red combined cycle (Attorney's for Plaintiff) identified, on the outside of LEGAL DESCRIPTION charges; violations, z and the acquisition ol original furnishings, equipment, power generation facility consisting of three General Electric 7 FA combustion turbines foreclosure and sale duly en- 11 East 44th Street the envelope, with the name ALL that certain lot, piece regulations and ordin; Machinery or apparatus required for the purpose for which (CTGs), three heat recovery steam generators (HRSGs), one steam turbine generator tered September 18, 2000.1, . Suite 800 and address of the bidder or parcel of land with the of the city, town or villa r.such addition and reconstructed building are to be used, at a (STG) and associated balance-of-plant systems and facilities. The primary fuel will be the undersigned Referee will NewYork, NY 10017 and designated as bid for the buildings and improvements which the premises lie. ^maximum cost ol $4,800,000: (2) expend such sum for such- natural gas and the facility will have the capacity to use low (0.04 percent) sullur distillate oil sell at public auction at the Dated: 10/10/2001 project titled above. When a thereon situate, lying and The-approximate an i-purpose; (3) levy the necessary lax therefor taking into as a secondary fuel. The nominal electric generating capacity of the proposed facility will be front lobby of the Albany Filed: Fmpu 80 mac sealed bid is placed inside being on the easterly side of of the Judgment ^account state aid received, to be levied and collected in approximately 750 megawatts (MW). County Courthouse, Eagle TU6T (24277) another delivery jacket, the North Pearl. Street, in the $23,443.38. plus intf ^annual installments in such years and in such amounts as and Columbia Streets, Alba- The Applicant proposes to install an oxidation catalyst system to reduce carbon monoxide NOTICE TO ALL bid delivery jacket must be Ninth Ward of the City of foreclosure expenses ai amay be determined by the Board of Education; and (4). in (CO) and volatile organic compounds (VOC), and a selective catalytic reduction system ny, NY 1 2207 on October 30, clearly marked on the out- Albany, New York, bounded gal fees. Transfer an -^anticipation of'lhe collection of such tax, issue bonds and 2001 at 9:15am premises M/W/OBE's: Callanan Indus- (SCR) to reduce NOx. The air emissions resulting from the turbines and generators will be tries, Inc., will be submitting side "BID ENCLOSED* and and described as follows; cording' charges sha %!Otes of the District at one lime or from time to lime in the vented through three 248 foot high exhaust stacks. The Applicant proposes to utilize known as 21 Madison Ave- •ATTENTION: CONTRACTS BEGINNING at a point in paid by buyer. '°' .^principal amount not to exceed $4,800,000, and levy a tax to nue. Colonie. NY 12205. ALL bids for the following pro- evaporative mechanical dralt cooling towers with a closed-loop circulating-water system. jects: UNIT." The Dormitory Au- the easterly line of North Dated: September 24;,2 s"pay the interest on said obligations when due. The BEC will be located on the site of an existing power generating facility, the Albany that certain plot, piece or thority will not be responsible Pearl Street one hundred /s/Thomas Herkei •••-I 2. To elect one member of the Board of Education to a parcel of land, with the build- D255437 Resurfacing of Steam Station, on State Route 144 in Glenmont, Town of Bethlehem, Albany County, on an Rte 9N & 8 in Essex and for receipt of bids which do forty-five (145) feet northerly pre ".one year, seven month term commencing on November 1, 84 acre parcel owned by the applicant. The Albany Steam Station will be permanently ings and improvements not comply with these in- from the intersection of the Leonard J. McCue. Esq >2001 and expiring on June 30, 2003 to complete the: thereon erected, situated, ly- Warren Ccunties (Bid : retired upon commencement of commercial operation of the BEC, The entire project area is 10/25/01 @ 11:00 a.m.); structions. northerly line of North Sec: Attorney for Plaintiff ,','n: ./remainder ol the term of olfice ol Robert Schanz, whose zoned for Heavy Industrial use. The BEC is bounded on the west by Stale Route 144, on the ing and being in Madison Only those bids in the ond Street with the easlerty P.O. Box 2266 •fterm would have expired on June 30,2003. Park. Town of Colonie, D258849 - Resurfacing vari- east by the Hudson River, on the south by an unused oil terminal owned by Niagara ous locations in Albany & hands of the DORMITORY line of North Pearl Street, Newburgh, New York ^Jhe vote upon such proposition and Board vacancy shall be Mohawk, and on the north bv unused property owned by Niagara Mohawk. County of Albany and State, AUTHORITY - STATE OF and runs thence northerly (845) 565-5909 ijby machine or absentee ballot. The hours during which the of New York, as more fully Schenectady Counties (Bid 10/25/01 @ 11:00 a.m.); NEW YORK, available to be along the easterly line of TU4t ...-polls shall be kept open shall be from 12:00 noon to 9:00 described in the judgment. read at 2:00 PM local time on North Pearl Street forth (40) -^p:m. prevailing time or lor as long thereafter as necessary to State Pollutant Discharge Elimination System (SPDES) SEC #42.17 BLOCK S LOT CDTA Rensselaer Rail Sta- SPDES Permit: Pursuant to ECL 17-0823, the Applicant has filed an application with November 8, 2001 will be feet; thence easterly at right REQUEST FOR: Enable qualified voters who are in the polling place at 9:00 23 Premises will be sold tion Sitework and Transpor- PROPOSALS the DEC for a SPDES wastewater discharge permit and a request for certification that its tation Plaza (Bid 11/07/01 @ considered. Bids shall be angles with North Pearl . jp.m. to cast their ballots. subject to provisions of filed publicly opened and • read Street one hundred (100) Purchase ofSchoof' -.Personal registration of voters is required, and no person discharges will comply with the applicable provisions of 301, 302, 303, 306-and 307 of judgment. Index® 5833-99 2:30 p.m.) the Federal Clean Water Act. The application was filed on July 3,2001, and as amended is aloud. Bid results can be feet: thence southerly paral- October 18. -shall vote whose name does not appear on the register ol George Baird, Jr., Esq., Ref- We will be accepting The Board ol EcRicati consistent with the requirements of 402 of the Federal Clean Water Act for discharges quotes until such date and obtained by calling lel with the easterly line of flhe School District. Any person registered to vote under the eree. Donald H. Lischer, 1-800-662-3676. extension North Pearl Street forth (40) the Cohoes City Schoo ^provisions ol Article 5 of the Election Law is entitled to vote from new steam electric generating facilities. P.C.. Attorney for Plaintiff, times as specified, it is our The DEC concludes that the application for this permit is complete within the meaning of 6 3330, after 4:00 PM. feet;.thence westerly at right trict seeks proposals «.and their names shall be placed upon the register of the Brisbane Building, 403 Main policy to solicit quotations interested parties for the NYCRR 621,1(d) and has tentatively determined to issue the permits. Consequently, the from qualified subcontractors The Dormitory Authority angles with the easterly line aSchbol District. Street, Suite 225, Buffalo. requires, that a completed of North Pearl Street one chase of property*'(bu -The Board ol Education, pursuant to the authority of Section DEC has prepared draft permits pursuant to 6 NYCRR 621.5(d)(7). New York 14203 (716) and suppliers. For further The Applicant proposes to withdraw an average of 4.72 million gallons per day (MGD) New York State Uniform hundred (100) feet to the and grounds) knowr J2014 of the Education Law, has established a Board of 853-0543. Dated: 9/26/01 information, contact our Esti- School 4, formerly an (8.53 MGD maximum) from the Hudson River via an intake structure located at the facility. mating Dept. @ 374-2222 or Contracting Questionnaire easterly line of North Pearl Sftegislration to provide for personal registration of qualified JP. be submitted with each bid. Street at the point or place of mentary school, locatt ;(voters of the School District. The Board ol Registration shall Sanitary wastewater will be routed to the publicly owned treatment works at the Town ol TU4T (10382) mail to: P.O. Box 15097. Bethlehem. Wastewater will be subject to appropriate monitoring and treatment and Failure to submit the New beginning. 18 Garner Street, Col Htfleet in the office of the District Clerk between the hours of Albany, NY 12212. EOE. NY. in 'as is' condition.- discharged to the Hudson Rier via existing outfalls. Stormwater will oe discharged to the NOTICE OF SALE TU 5t (4276) York State Uniform Contract- Being the northerly five (5) "^00 p.m. to 9:00 p.m., local time, on October 24, 2001 tor SUPREME COURT OF THE ing Questionnaire may result feet of Lot No. 12, and the This building, constn rjihe purpose ol adding additional names to the register and Hudson River via existing outfalls. . The intake is from the Hudson River. The discharge covered under the draft SPDES STATE OF NEW YORK NOTICE TO BIDDERS in, rejection of a contractor's whole of Lot No. 14 and the around 1895, sits on'a. •apreparing the register ol the School District; and any person, COUNTY OF ALBANY, In- DORMITORY AUTHORITY - bid. Failure to provide bid southerly ten (10) feet ol Lot ble lot between Gamer |fpfovided that they are known or proven to be then or permit are described as follows: Outfall 001 (Cooling Tower Blowdown and Facility Service Water) will discharge to the dex No. 1993-99. The Prpvi- STATE OF NEW YORK security as indicated in the No. 16, in Block 7 as said Mangum Streets. It has -Kiereatter entitled to vote at the School District meeting for Hudson Rier. - - dent Bank, Plaintiff - against (OWNER) Information for Bidders may lots are shown on "MAP OF vacant since the Distric i-which such register is prepared, shall be entitled to have his Outfall 002 (Site Runoff) will discharge to the Hudson River. - James R. Corellis, Jr., et al. REBID also result in rejection of a BUILDING LOTS MADE cupied Harmony HilPSi iror her name placed upon such register in order to be eligible Defendants. Pursuant.to a Western New York DDSO contractor's bid. FOR THE LATE WILLIAM P. in 1987. ;'; '•"to vote on October 30.2001. Outfall 003 (Combination of suboutfalls 003A and 003C) will discharge to the Hudson River. judgment of foreclosure and 60 Legion Dr., Holland, NY A Complete set of all con- VAN RENSSELAER" made Interested parties- ^The register prepared by the Board of Registration pursuant Renovation for Conversion Outfall 03A (Low Volume Wastestreams-Equipment and Floor Drains) will be sent to an sale signed herein on Sep- tract documents may be ob- by Eddy & Greene, Survey- asked to submit Prop* :ilo Section 2014 ol the Education Law shall be filed in the tember 13, 2001, I, the un- to an IRA tained from the office of Bov- ors, which map is dated No- for Purchase and DSy -office of the District Clerk and shall be open tor inspection by oil/water separator and will discharge to the Hudson River via Outfall 003. HVACWorkCRM Outfall 03C (Wastewater Treatment Plant Effluent and HRSG Blowdown) will be sent thru dersigned, the Referee in is Lend Lease at Jacob! vember 1, 1871 and filed in ment for review and co "•any qualified voter of the District from 9:00 a.m. until 4:00 said judgment named, will Electrical Work CR #6' Medical Center, Attn: Greg the Albany County Clerk's eration by the Board of -'p.m. local time, prevailing time on each of the five days prior on-site waster waste water treatment facility and discharged to the Hudson River via Outfall 003. sell at •public auction at the DA#1529809999 Gelish (718) 918-3594 upon Office march 18, 1872 in cation. It should be ct IJO the vote except Sunday, October 28, 2001'and at the v Outfall 004 (Oil Storage Area Runoff) will discharge to the Hudson River. lobby of the Courthouse, Co- Sealed bids for the above payment, by certified check Book 11, as Map No. 221. understood that the Bg -..polling place on the day of the vote. lumbia and Eagle Street, Al- work located at 60 Legion or money order made pay- Said premises are known Education reserves ttie' -Applications for absentee ballots are available at the main Outfall 04A (Hydrostatic Tank Test Water) will discharge to the Hudson River via Outfall Dr., Holland NY will be re- 004. . . bany, New York, County of able to the Dormitory Author- as 579 North Pearl Street, to award the sale of .^-office of the School Dislrict, Monday through Friday between ceived by the DORMITORY building on the basis 0 - Outfall 005 (Chlorine Analyzer) will discharge to the Hudson River. ALBANY, State of New York, ity - State of New York, in the Albany, NY 12204. Judg- ^the hours of 9:00 a.m. and 4:00 p.m. local time. Applications on November .14, 2001 at AUTHORITY - STATE OF non-refundable amount of ment amount $74,765.07. proposal that they dee /must be received by the District Clerk at least seven days Air Permits: 10:00 A.M., on that day, the NEW YORK at its office lo- $100.00 per bid set. Each The premises will be sold be in the best interesTq '.prior to the vote if the ballot is to be mailed to the voter or the The Applicant has.filed individual applications seeking the issuance of (a) a precon- premises directed by said cated at 515 Broadway, Al- prospective bidder must in- subject to the provisions of neighborhood and of the Jday belore the vote if the ballot is to be delivered personally sfruction permit pursuant to 6 NYCRR 201-6.1 (b) and Subpart 201-5, (b) a Prevention of judgment to be sold and bany, NY 12207. Each-bid clude their Federal ID Num- the filed Judgment. of Cohoes. ;io the voter. Absentee ballots must be received by the Significant Deterioration (PSD) permit pursuant to 40 CFR 51.21 as incorporated by therein described as follows: must be identified, on the ber on their certified check or Dated:'October 17,'2001 Sealed proposals are .'District Clerk not later than 5:00 p.ni, on October 30,2001. A reference at 6 NYCRR 200.10, and (c) a Phase II acid rain permit pursuant to 40 CFR part ALL THAT CERTAIN LOT, outside of the envelope, with money order. Thomas J. Neidl. Esq. I in the Office of the 'Di jlisl ol all persons to whom absentee ballots shall have been .72 as incorporated by reference at 6 NYCRR 200.10. The DEC concludes that the PIECE OR PARCEL OF the name and address of the For the convenience of Releree Clerk, at the letterhead issued will be available in the office of the District Clerk from applicants for these permits are complete within the meaning of 6 NYCRR 621.1(d) and LAND, situate, lying and be- bidder and designated as bid prospective bidders, subcon- Shapiro & DiCaro, LLPI dress, by 1:30 pm, ft ;-9;00 a.m. until 4:00 p.m. local time on each of the five days has tentatively determined to issue the permits. Consequently, the DEC has prepared draft ing in the City (late Village) of for the project titled, above. tractors and material suppli- Attorneys for the Plaintiff November 9,2001. •prior to the day of the vote, excepi Sunday, October 28, permits pursuant to 6 NYCRR 621.5(d)(7). Cohbes, in the County of When a sealed bid is placed ers, contract documents will 700 Cornerstone Centre Proposals shouldfS ;2001. Any qualified voter may challenge the acceptance ol The conditions in the draft preconstruction permit authorizes the constmction and Albany and State of New inside another delivery jack- be displayed as follows; 2300 Buffalo Road the party's real estate d .the ballot of any person on such list by making his challenge operation of the proposed facility and assures conformance of the BEC with all applicable York, known and designated et, the bid delivery jacket •RMBDC,' 142 Catherine Rochester, New York 14624 opment experience,, fine .".and reasons therefor known to the Inspector of Election State and federal air pollution control regulations including the requirements of 6 NYCRR on a map of said Village must be clearly marked on Street, Albany, NY. 12208; TU4T(5635) capabilities relative to .'•before the close of the polls. parts 201,204, 225, 227,231 and 257, as well as all New Source Performance Standards (now City of Cohoes), made the outside "BID EN- (518) 434-9153; F.W. proposed developrrieii '=~AND FURTHER NOTICE IS HEREBY GIVEN that peti (NSPS) as 40 CFR Part 60. Pursuant to 6 NYCRR Subpart 231-2, the Applicant had created by S.A. Beers, bearing date CLOSED" and "ATTEN- Dodge, 2 Penn Place, 10th the property, time line TION: CONTRACTS UNIT." Referee's Notice of Sale •fjipns nominating candidates for the office of member olthe internal offsets of 838.9 tons of NOx and 23.7 tons of VOC from the existing Albany Steam November 24,1646 and filed Floor, NewYork, NY 10121, Index No. 5846-00' development, and, the ;;Bpard of Education and library trustees shall be filed with Station which will be permanently retired upon commencement ol commercial operation of in the Office of the Clerk of The Dormitory Authority will (212) 904-5010: Building posed use for the proper not be responsible for receipt RJI #01-00-064568 .-ilhe District Clerk at the District Clerk's office at the Menands the Bethlehem Energy Center. These offeets were established as Emission Reduction said Albany County, as Lot Contractor Association, 451 George B. Ceresia, Jr., JSC A minimum bid •'Union Free School in Menands, New York, not later than Credits (ERCs) in the Environmental Notice Bulletin (ENB) on 7/18/01. No public comments Number One Hundred Eigh- of bids which do not comply Park Avenue South, New $3,000.00 has been with these instructions. Supreme Court of the ^October 1, 200.1 between 8:00 a.m. and 5:00 p.tii. Each were received on the ERCs notice. These ERCs "offset" the project emissions of 446.2 tons teen (118) on the East side York, NY 10016, (212) State of New York gested by the Board of ^'petition must- be directed to the District Clerk, must be of NOx and 56.3 tons of VOCs such that the net increase was below the thresholds of 231-2 of Canal, (now Main) Street. Only those bids in the 683-8080; Consortium for cation. hands of the DORMITORY County of Albany s.signed by at least twenty-five (25) qualified voters of the applicability. The current notice also serves as the public notice of the ERCs pursuant to the Being Twenty-five (25) feet Central Harlem Develop- CITIF1NANCIAL COMPANY A "bid" deposit or bid I ^.District and must, state the name and residence of the requirements of 6 NYCRR Section 231-2.10. wide and Eighty-six (86) feet AUTHORITY - STATE OF ment. 2854 Frederick Doug- of $1,000 is required.,- NEW YORK, available to be (DE) as Successor in Inter- •candidate and shall describe the specific vacancy for which The terms and conditions of the draft PSD permit are not just subject to public hearing and Nine (9) inches deep, las Boulevard, New York, NY est to COMMERCIAL Right to Reject Propos lihe candidate is nominated. A copy of such petition may be under State administration procedures. Reference to the PSD permit in this notice if lor more or less. Said premises read at 2:00 PM local time on 10039 (212) 368-3169; This RFP does riot.cgi October 30, 2001 will be CREDIT PLAN INC. OF ^obtained at the Olfice of District Clerk in the Menands Union informational purposes only. The DEC is concurrently issuing for public comment a Notice of being known as and by RMBDC, 86 University Ave- GEORGETOWN. the District to award'a- considered. Bids shall be -Free School during • regular school hours. Each vacancy Determination to Issue Prevention of Significant Deterioration (PSD) Permit pursuant to 40 street address: 132 Main nue, Rochester, NY 14605; Plaintilf, tract or to pay. any. Jjjpon the Board ol Education and Library'Board of Trustees CFR52.21 and part 124. Street. Cohoes. New York publicly opened and read Brown's LettersJnc. 1167 incurred in the preparatk al/MiH DIH rcr-i.Hf /.on KA :againsl- JOHN M _D10TTE, r»mnrtcal i IUK 01 IBBSI inu mngin 01 me mo I-UOIIC aervice Law (KSLJ: mis project requires a Certificate ol Environmental uaie oi oenvery ot me Heter i-uuiruucjur U, OAlCliaiUM oi^-iauu: Bronx uveran FEDERAL CREDIT UNION, LU andiu a uunuau un IIIB name of Ijjg lastjnrumbenl, Compatibility and Public Need (Certificate) to construct and operate, and is subject to review ee's Deed, subjecti to10 anyany. 3330, alter 4:00 PM. Economic Development Defendants. terms and conditions that The Dormitory Authority ance oTea#W5ner,^d must pursuant to New York State Public Service Law (PSL) Article X (Siting ol Major Electric state ot facts an acj Corp., 198 East 161st Street PLEASE TAKE NOTICE best serve the Interest!ton^ olj }t the candidate. Generating Facilities). The PSL Article X application was filed on July 2. 2001. The survey may show, requires that a completed H201. Bronx. NY 10451. THAT District and reserves New York State Uniform EREBY GIVEN, that pursuant conditions contained in Ihe draft pora^M^itified in this notice will be incorporated into the restrictions ana any (718)590-6202. In pursuance of a Judg- right to accept or reje'cl d ot Education in accordance Article X hearing record for ihe (BECM • ' ments thereto; covelveWBr Contracting Questionnaire Thomas J. Murphy ment' of Foreclosure and or all proposals receivesive^^^ 3 ol the Education law. any The DEC public hearings nolicedlHprre being held jointly with the related PSL Article restrictions, agreements, be submitted with each bid. Executive Director Sale duly made in the above a result ol this RFP. lo nego- e submitted for voting at said X proceedings concerning Ihe Article Xilpplicalion filed by PSEG Power, for a Certificate for reservations and easements Failure to submit the New October 17,2001 entitled action on September tiate with all qualified propos- )ard of Education in the office the BEC (PSC CAse.tt 97-F-2162). For additional information concerning Ihe PSLArticle X of record; municipal depart- York State Uniform Contract- TU IT (5602) 14. 2001 and entered on ers, or lo cancel this RFP in lore October 1. 2001 at 5:00 application and related hearings go to the Department ol Public Service web page at- mental violations, emergen- ing Questionnaire may result September 21, 2001 in the part, or in its entirety, il.il.isjn yped or printed in the English hltp://www.dps.state.ny.us/bethlehem.htm. cy repair liens on the date of in rejection ot a contractor's NOTICE TO BIDDERS Ollice ol the County Clerk of Ihe best interest ol th!'Dis- o the.District Clerk: must be NYS Environmental Conservation Law and Implementing regulations: In addition to delivery of the Referee's bid. Failure lo provide bid The Capital District Re- the County ot Albany. I, the trict. The District may select lualltied voters of the Oistrlct; the specific statues and regulations cited above, Ihe subject SPDES arid the preconstruction Deed and such other provi- security as indicated in the gional Oil-Track Betting Cor- undersigned Referee named as the successful proposer id residence of each signer. and Phase II title IV air permit applications are being processed by the DEC pursuant to ECL sions as may be set forth In Information tor Bidders may poration, with Administrative in said Judgment, will sell in the ope which - in ihe Dis- trict's sole discretion, and II not entertain or place before Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article the complaint and judgment also result in rejection of a Offices located at 510 Smith one parcel at public auction purpose Is beyond the powei 19 (Air Pollution Control), and 6 NYCRR Subparts 201-6 (Permits and Registrations and filed in this action. Dated: contractor's bid. Street. Scheneclady. New on October 30. 2001. at Ihe with whatever modilications any proposition.requiring the 231-2 (Requirements for Emission Sources Subject to 172 and 173 ol the Clean Air Act Syosset. New York, Septem- A Complete set oi all con- York 12305. pursuant to front entrance lobby of Ihe the District and the proposer :h.u tails,.„ to. 'mAde ^c- specific- 42 USC 7502 and 7503 on or alter November 15,1992), Part 621 (Uniform Procedures) ber 26, 2001, Steve J. Si- tract documents may. be ob- Section 507 ol the Racing, Albany County Courthouse, may mutually agree upon,- tditures. part 624 (Permit Hearing Procedures), and Parts 750 - 758 (State Pollutant Discharge mon, Esq., REFEREE, Barry tained from the Architectural Pari-Mutuei Wagering- and located in Ihe City ol Albany, best meets Ihe District's re- Resources. 504 Franklin St.. Breeding Law ol New York, quirements whether or not Elimination System). R. Cams. P.C.. Attorney for State ol New York at 9:00 v CIA M. MILLER. District Clert SEQRA Status: The DEC Staff has determined that the proposal is a Type II action as Plaintitl. 115 Eileen Way. Buffalo, NY 14202. Alln: hereby invites the submis- A.M.. the premises de- that proposal is the -mosl Menands UFSC designated by 6 NYCRR 617.5(c)(35). A comprehensive environmental review is being P.O. Box 9021, Syosset, NY Kevin - Murretl (716) sion ol sealed bids by re- scribed in said Judgment as advantageous economically. epl. 15,25. Oct. 09.23 (41765 conducted pursuant to PSI Article X. 11791. (516) 364-4500. 883-5566) upon payment, by sponsible parlies lor: lollows: No proposer shall have any Tentative DEC Staff Position and Document Availability: The DEC has reviewed the (718)463-8918 certilied check or money or- NEW ROOF ALL THAT TRACT or parcel legal, equitable, or contractu- der made payable to the al rights ol any kine arising AENT OF ENVIRONMENTAL Applicant's application materials and supporting documentation and has determined that TU4T (12187) WAREHOUSE ol land, situate in the City ol Dormitory Authority - State ol 733 CENTRAL AVENUE out oi tis submission'!ol ja DTICE TO BIDDERS they are complete pursuant to 6 NYCRR Part 621. A tentative determination has been made NOTICE OF SALE Cohoes. County ol Albany, New York, in the non-relund- ALBANY, NY proposal. The District,, jn iis ;ent Fish Research Station to approve this application and prepare draft permit. It has been determined that all ait 'SUPREME COURT Stale ol New York, more able amount of $25.00 per Specifications may be ob- sole discretion, shall enter of Cape Vincent, Jefferson program statutory and regulatory criteria can be met through the imposition of special permit COUNTY OF ALBANY particularly described as fol- conditions. For the 201-6 draft air preconstruction permit, the DEC has incorporated control bid set. Each prospective tained in the office of the lows: into a contract wilh the "pro- FIRST UNION MORT- bidder must include their h all labor, materials, and technologies and emission limits proposed bv the Applicant, and had independently Purchasing Agent at Ihe Cor- ALL that certain lots or par- poser that is selects.^s the GAGE CORPORATION, Federal ID Number on their ove. replace, and rehab the developed additional conditions to ensure compliance with all regulatory requirements. The Plaintiit Against ROBERT A. poration's Administrative Ol- cels oi land in the City ol successful proposer. ' •' ice work of the main building background documentation of this determination is available in the 'fact sheets" and the certified check or money or- fices. 510 Smith Street, TU3T (26979) FALLON; HELLEN T. FAL- der. Cohoes. described on a plan attached metal roof addition. administrative record for the project. Scheneclady, New York. ol Mohawk Heights in Co- VILLAGE OF MENANPS^ LON;etal.,Defendant(s). For the convenience of I be limited to. removing the The application materials, fact sheet, Ihe draft air'preconstruction permit, draft Phase II Pursuant to a judgment of Bids will be received at the hoes, New York, made by ZONING BOARD OF "- prospective bidders, subcon- lingling. removing the metal lilfe IV permit, and draft SPDES permit are available for review at the following locations ollice ol the Purchasing H.A. Hancox. M.M.E.C.E.. ' APPEALS r • • foreclosure and sale duly en- tractors and material suppli- ng the roof structure, and during normal business hours between 9:00 AM and 4:00 PM. Monday through Friday; Agent and must be time on June 17. 1899. and tiled A public hearing will, be tered 9/6/2001 I, the under- ers, contract documents will f. repairing and repainting the (1) NYS DEC Office of Hearing and Mediation Services. 625 Broadway, First Floor signed Referee will sell at stamped and dated belore in Ihe Ollice of Albany Coun- held on Thursday, Octijber and re-point the masonry be displayed as lollows; 10:30 A.M., on the 29th day Albany, NY ,12233-1550. Contact; Administrative Law P. Nicholas Garlick at (518)v public auction at the Albany ty Clerk on October 8.1903. 25, 2001 at 7:00 P.M.imlhe 402-9003; ' Construction Exchange. 625 of October 2001, at which Village Municipal Building for County Courthouse. First Ensminger Road. P.O. 4198. and known and designated alved by the New York State (2) NYS DEC Division of Environmental Permits. 625 Broadway. Albany, New York Floor Lobby, 16 Eagle time and place all bids will be on said map as being Lots the purpose of considering vation, Procurement Bureau, 12233-1750. Contact Kevin Kispett. Project Manager, at (518) 402-9161; and Tonawanda. NY 14150. publicly opened. Numbers 184.185. the lollowing application-tora Street, Albany, NY on (716) 874-3435; Dodge Re- bany. NY 12233-5027, until (3) NYS Department of Environmental Conservation. Region 4 Headquarters. 1150 North All bids should be en- 86. 187 and 188 on Massa- varignce. -. _.., 11/8/2001 at 9:30 AM prem- port. 30 Erie Canal Drive, D01. Weslcott Rd., Scheneclady. NY 12306- Contact: Michael T. Higgins at (518) 357-2069. closed in a sealed envelope, chusells Avenue, as laid Mr. Robert Warner-isne- ises known as 1047 Shave Suite H, Rochester. NY i(r"proposal forms may be Written Comments: All written comments about the draft preconstruction permit draft Road, Scheneclady, NY.' marked "CONFIDENTIAL down on said map. questing a variance to divide the Division of Operations, Phase III title IV permit, and draft SPDES permit must be postmarked by December 3 2001 14626; RMBDC. 86 Universi- ROOF BID PROPOSAL EN- BEING AND INTENDED TO Lot # 137 on Hutlon,'Street ALL that certain plot, piece ty Ave., Rochester, NY schnical Services, 3rd Floor, and send to Administrative Law Judge P. Nicholas Garlick. NYS DEC Olfice of Hearings arid CLOSED". into two equal parcels.-front and parcel of land, with the 14605; Southern Tier Build- BE Ihe same premises here- 33-5254.(518)402-91-18. Medication Services. 625 Broadway. First Floor. Albany, New York 12233-1550. buildings and improvements Capital District Regional tofore conveyed by the State to rear, and combine-one d only from bidders who All public comments on the permits will be reviewed to determine whether they raise ers Association, inc., 65 East Off-Track Betting Corpora- parcel wilh adjacent Lot # there on erected, situate, ly- Main St.. Falconer. NY of Connecticut to John M. All proposals must be made substantive and significant issues that wa/rant further review through adjudication Specilic ing and being In The Town ol tion resen/es Ihe right lo Diotte by deed dated Janu- 136 and the other parcel with nd enclosed in the envelope finildfirlanri r-nnnly nl Alha- 14733; Builders Exchange of reject any and all bids with- adjacent Lot # 138 lo. •con- comments must be supported by full documentation iand references should be limited to Rochester. NY. Inc.. 180 Lin- ary 26.1995 said deed being iments. readily available information. The draft PSD permit referenced above is not subject to (Cont'd In next col.) out liability. struct a one lamily house on den Oaks. Rochester, NY recorded in the Office of the jntains Standard Clauses for hearings under State administrative procedures. CYNTHIA SIGNORE Clerk ol Ihe County ol Alba- the property at 20 Hulton 14605; Eastern Contractors I contains Standard Clauses Purchasing Agent ny on February 3, 1995, in Street. The lot is an R?'2qne Association. 6 Airline Drive, ntal Conservation contracts Public Hearings Sessions and Issues Conference •Check Your Ad TU 31 (21808) Liber 2538 at page 45. The Code ol the Vilia*ga,.of als. Minority and women's Legislative Public Hearing: Legislative hearing sessions to receive unsworn statements Falconer, New York 14733; REFEREE'S Brown's Letter, 855 Central Said premises being Menands. chapter—469- >ubmit proposals in response from the public on the applications and the draft permits, described above, will be held NOTICE OF SALE known and designated as; Schedule B requires a mini- before Administrative Law Judge Nicholas Garlick, on Monday. December 3.2001 at 7 p m Ave., Albany, NY 12206. Index No. 1347-01 SO YOU CAN'T FIND Thomas J. Murphy 184 Massachusetts Avenue, mum frontage of 60 leSf'X, ors will be required to com at the Town of Bethlehem, Town Hall, 445 Delaware Avenue; Delmar, New York. As stated SUPREME COURT OF THE City ol Cohoes. New York - Executive Director Such public hearings are iform Contracting Question' above, this hearing is being held on a joint record with the related PSL Article X STATE OF NEW YORK Section 5.18, Block 4, Lot open to Ihe public and ac- TIME October 17,2001 proceedings. All persons, organizations, corporations, or government agencies which may COUNTY OF ALBANY 39.00 cessible to the handicapped. TU IT (4340) ment of Environmental Con- be affected by the proposed project are invited to attend the hearing and to submit oral or TO USE IT? HomeSide Lending Inc., TOGETHER with all the All are encouraged to atispd ty/Afflrmative Action Employ- written comments. It is not necessary to file in advance to speak at the legislative hearing. THEN SELL IT! NOTICE TO BIDDERS Plaintilf, against Betty J. right, title and interest ol the or lo present commanlsjn :t any or all bids. Lengthy statements should be in writing and summarized for oral presentation. Reasonable ....wilh a Classiftpd.M DORMITORY AUTHORITY- Smith; Shaeri Medina; Tami mortgagors, it any, in -and lo writing. time limits may be set for each speaker to afford everyone an opportunity to be hears. Equal STATE OF NEW YORK Yates, Delendant(s). . TU-2tOct.23,25(46481 To place an ad. Call the land lying in the slreets Paul Cooney weight will be given to both oral and written statements. The hearing location is fully Jacobi MRriical CentPr Pursuant to a Jurigmfint t)\ and roads in Iront ol and ChajrrfjSn rSALE accessible to persons with a mobility impairment. Interpreter services shall be made 454^5000 (Cont'd In next col.) (Cont'd In next col.) ' (Cont'd in next col.) Zoning Board ot Appeals iLBANY COUNTY available to deaf persons at not charge upon written request to the Administrative Law TU IT(21816) 'RATION SUCCESSOR BY Judge, identified above, at least 10 days prior to the hearing, pursuant to the State UNDING CORPORATION; Administrative Procedures Act. 215-MerchandiseMart 215-MerchandiseMart 215-MerchandiseMart 215-MerchandiseMart 215-MerchandiseMart-- Issues Conference: A pre-adjudicatory hearing Issues Conference is scheduled to be WRIE A BECKER, ET AL held Wednesday, December 12, 2001 at 10:00 a.m. at Department of Public Service Olfices. 3rd Floor. Agency Building 3. 3 Empire State Plaza, Albany, New York and IFF; ROSICKI, ROSICKI & continue day to day at the same location, if necessary. At the Issues Conference, tha AU I COUNTRY ROAD, SUITE will determine what issues,!! any, require adjudication, and will define Ihe scope ol such SelTVbiir Merchandise for a $1A Day (516)741-2585 issues. The Issues Conference may be canceled if no filings for party status are received by eclbsure and sale entered nc/? eadl'ne lisled below ParticiPa,ion in 'he DEC Issues Conference will be limited to the II sell at Public Auction to the DEC Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR inly Courthouse, Room 102, 624.5 in advance of the Issues Conference. Parties to the related PSL Article X ty, NY 12207 proceeding are not automatically granted full party status, and must file a petition pursuant >001 at 10:00 a.m. to 6 NYCRR 624.5 to participate in the DEC Issues Conference. The draft PSD permit conditions referred to above is not subject to an adjudicatoty or evidentiary hearing. Call 454-500$ escribed as follows: BEGIN- asterly side of N.Y.S. Route Filing for Party Status and Proposed Issues: To participate in the Issue Conference to place your ad on our automated, 24 houru uthwest corner of the herein concerning the draft permits identified in this Notice (except the PSD permit).parties must ies\ corner ot the lands now tile a written petition requesting party status including the facts intended for presentation telephone system! Or place your ad online ,„ -IENCE along the easterly1 pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify at timesunion.com/classifieds. "« lorth 51 deg. 16 minutes 04 the proposed party and the name(s) of the person(s) who will act as the party's point at the intersection of representative^), Ihe party's environmental interests, the statutory considerations relevant E along the right-of-way line to the project, whether the request is lor full party status or amicus status, and the precise i minutes 28 seconds East grounds lor opposing or supporting Ihe project. Mere opposition lo the project is not a nt also being the northwest sufficient basis to be granted party status. arcel; THENCE leaving said If seeking full party status, Ihe petitioner must propose issues that could result in permit 63 degrees 47 minutes 13 denial, major modilication of the proposed project, or the imposition ol signilicant permit g the lands now or formerly conditions. The petition must identity all statutory and regulatory requirements which may id wire fence and then a not be met, and explain why. II a party intends to rely upon expert testimony the petition ie wall, said point also being must also include an oiler ol prool that specifies the witness(es), the nature ot Ihe herein described parcel; arguments, any documentary evidence that the party intends to present at the hearing and stonewall South 27 degrees Ihe grounds upon which Ihe assertions are based regarding the proposed issues 93.27 leet to a point In the For amicus status, the tiling must identify the name of the legal or policy issues to be te, said point also being the bneted and provide a statement explaining why the proposed amicus is in a special position described parcel; THENCE with respect to those issues. the following courses and All petitions must be received by 3:00 p.m. November 28,2001. One copy of any petition ) minutes 41 seconds West requesting either full party status or amicus status must be served upon the followinos 10 minutes 40 seconds West individuals: 17 minutes 47 seconds West (4) Adminislratiye Law Judge Nicholas Garlick, Office of Hearings and Mediation ees 10 minutes 20 seconds Services, NYSDEC, 625 Broadway, First Floor, Albany, NY 12233-1550- it; THENCE leaving said (5) Administrative Law Judge William Bouleiller. Office of Heariiios and Alternative 84 degrees 32 minutes 01 Dispute Resolution. NYSDPS. 3 Empire State Plaza. Albany. New York 12223-1350- the lands now or formerly ol (6) Thomas J. McGuire. Esq.. Senior Attorney. Olfice ot General Counsel. NYSDEC 625 Medicine Cabinet, mirror door, :NCE continuing along sale Broadway. Albany, NY 12233-1500; ./*»*? glass shelves, 2 florescent 8 degrees 06 minutes 0C . (7) David Van Ort. Esq., Office ol General Counsel, NYSDPS. 3 Empire State Plaza } the point and place ol Albany. New York 12223-1350; and lights on side- $25.888-8888. (8) Richard M. Cogen, Esq.; Nixon Peabody LLP, Omni Plaza, Suite 900, 30 South Peart rs Lane a/k/a 130 Boerchei Street, Albany, NY 12207-3497. Service by fax is NOT authorized. As previously explained, parties lo the related PSL Three lines, one item per ad, 7-day minimum schedule, conditions contained In said Article X proceeding are not automatically granted lull party status with respect to the DEC' environmental permits and must file a petition pursuant to 6 NYCRR 624.5 in order to no refunds, private merchandise only. Complete words lent $89,037.94 plus interest participate in the DEC Issues Conference. only. Limited time offer. For complete details, see the Daniel E. Louis IM. Collins. Esq., REFEREE Chief Administrative Law Judge Times Union Classified section or call the classified -4t Oct. 9,16.23.30(37119) October 17,2001 department at 454r5000. , TU IT (29529) AFFIDAVIT OF PUBLICATIOT STATE OF NEW YORK, ReMMbcr County, f* ss: CItyoflYoy. } M. CANAVAN of the City of "nroy, in the County of Rensselaer and State of New York, being duly sworn, deposes and says that she is the Principal Clerk of the TROY PUBLISHING COMPANY, a Corpora- tion duly organized under the laws of the State of New York; that said Corporation is the publisher of The RECORD, a daily newspaper printed and published in the City of TVoy and County of Rensselaer, and that the notice of which the annexed is a printed copy, has been regularly published in The RECORD. ONCE DAILY for ONE DAY successively commencing on the J-^day of SEPTEMBER 20Ql Sworn before me, this _ v 27TH ^ of SEPTEMBER .20^LliiL,2001 VjrUJ j^ary public stato of New York Mntarv PiihUr/ ** N 0 4 9737 NotaryJ Public^ ^ Gualified1 in- Albany?fK Coun^Y^r ,mtv i (^mmisslon Expires Nov.aO.lB^x w< • STATE OF NEW YORK } COUNTY OF ALBANY RTJZABETHBRADT Of the Town of Bethlehem, being duly sworn, says that she is the RECEPTIONIST for THE SPOTLIGHT, a weekly newspaper published in Albany County, and that the notice of which the annexed is a true copy, has been regularly published in said THE SPOTLIGHT, ONCE A WEEK FOR OAfeWEEK(S) consecutively, commencing on the £44^Az\ ot ~Cn]&&7L^ 2001. "-/hyuuif Sworn to before me this ^J^-dav of ncro&t-jz^ . 2001 aJlUJJ Notary Public ? SHAROHA-OOUM) . SMnmeaon BttMies Jan. SO.^efi^— RECEIVED mil Mi tmrnm community Chun''^ Chapel UDraiy, 451 Delaware Ave., 7 p.m. Bible sludy, New Salem. 7:30 p.m. Lane, Glenmont, 436-7710." ykfih. io/29 information, 439-05.12. Information, 765-2870.. AAMEETING ,. King's Chapel, m Route 9W, just south BETHLEHEM First Reformed Church of Bethlehem, ol Glenmont Road, Glenmonl, 426-9955. ; ON-LINE PROGRAM AT LIBRARY PRAYER MEETING Route 9W,- 7:30 p.m. Inlo, 489-6779. Mount Moriah Ministries, Route SVI BETHLEHEM . 'Homework and the Electronic Age." evening prayer meeting arid Bible study, Glenmont, 426-4510. ANNUAL AUTUMN FAIR ' / introducing electronic resources Mountainview Evangelical Free Church, Slingeriamls Community UMC,\m Baked goods, books, toyps,. clooectibles, HARLEQUIN PLAYERS MOTHERS'TIME OUT including newspaper & magazine Route 155,7:30 p.m. Info, 765-3390; New Scotland Road, 439-1766. housewares,spoilinggooodsand. " articies, literary review, encyclopedias Productionof Neil Simon's "Rumors,"' ' Solid Rock Church, Mimmil ton., Christian fellowship group for mothers ol garasge sale; pancake breakfast and * and more.. Bethlehem Public Library, Community.United Methodist Church, Glenmont, 439-4314.. preschool children, Delmar Reformed luncheon. First United Methodist Church, . NEW SCOTLAND SENIORS 451 Deiaware'Ave., 7:30 p.m. 1499 New Scotlant) Road. Slingertaiids; South Bethlehem United Methodist Church, 386 Delaware Ave.. nursery care. 428 Delaware Ave., Delmar, 8 a.m. - 3 Inlormation. 439-9314. ' Wyman Ostethout Community Center,- 8 p.m. $10 at door, $8 in advance, vlto Church, 65 Willowbrook Avenue, 767- provided, 9:30 to 11 a.m. Inlormation, p.m. New Salem/call lor time. Info, 765-2109. &/. Information, 346-1147 evenings, 9953. 439-9929. LEGAL NOTICE. LEGAL NOTinF LEGAL NOTICE. LEGAL NOTICE-^ LEGAL NOTICE LEGAL NOTICE watts (MW). ~'••'. discharges form new steam elec- River. The discharges covered The Applicant proposes to install tric generating facilities. a Phase II acid rain permit pursu- This Notice Reschedules the Leg- an oxidation catalyst system to under the draft SPDES permit are Outfall 04A (Hydrostatic Tank Test islative Hearing, Issues Confer- The DEC concludes that the ap- described as follows: ant 40 CFR Part 72 as incorpo- reduce carbon monoxide (CO) plication for this permit is com- Water) will discharge to the rated by reference at 6 NYCRR ence and deadline for Petitions for and volatile compounds (VOC), Outfall 001 (Cooling Tower Hudson River via Outfall 004. Party Status. It also extends the plete within the meaning of 6 Blowdown and Facility Service §200.10. The DEC concludes that and a selective catalytic reduction NYCRR §621.1(d) and has ten- Outfall 00S (Chlorine Analyzer) the applications for these pern public comment period: The origi- system (SCR) to reduce NOx. TTie Waterjjvill discharge to the will discharge to the Hudson nal Notice was published on Sep- tatively determined to issue the Hudson River., are complete within the mes air emissions resulting from the River. of 6 NYCRR §621.1(d) and — tember 5, 2001. Kermits. Consequently, the DEC Outfall 001 (Site Runoff) will dis- Air Permits: turbines and generators .will be as prepared draft permits pursu- tentatively determined to issue the This Notice does not extend the vented through three 248 foot charge to the Hudson River. The Applicant has filed individual public comment period for the ant to 6 NYCRR §621.5(d)(7). Outfall 003 (Combination of permits. Consequently, the DEC high exhaust stacks. The Appli- The Applicant proposes to with- applications seeking the issuance has prepared draft permits pursu- Notice df Determination to Issue cant proposes to utilize evapora- suboutfalls .003A and 003C) will of (a) a preconstruction permit Prevention of Significant Deterio- draw an average of 4.72 million discharge to the Hudson River ant to 6 NYCRR §621.5(d)(7). tive mechanical draft cooling tow- gallons per day (MGD)(a.53 MGD pursuant to 6 NYCRR §201 -6.1 (b) The conditions in the.draft ration (PSD) Permit published in ers with a closed-loop circulating- Outfall 03A (Low Volume and Subpart 201 -5, (b) a Preven- the ENB on September 5, 2001 maximum) form the Hudson River Wastestreams-Equipment and preconstruction permit authorizes water system. via an intake structure located at tion of Significant Deterioration the construction and operation of NEW VORK STATE DEPART- The BEC will be located on the Roor Drains) will be sent to an oil/ (PSD) permit pursuant to 40 CFR MENT OF ENVIRONMENTAL the facility. Sanitary wastewater water separator and will discharge' the proposed facility and assures site of an existing power generat- will be routed to the publicly §51.21 as incorporated by refer- coriformarice of the BEC with all CONSERVATION ing facility, the Albany Steam Sta- to the Hudson River via Outfall ence at 6 NYCRR §20.10, and (c) ANNOUNCEMENT OF PUBLIC owned treatment works at the , 003.;,, - applicable State and federal air tion, on State Route 144 in Glen- Town of Bethlehem. Wastewater COMMENT PERIOD, and COM- mont, Town of Bethlehem, Albany Outfall 03C (Wastewater Treat- BINED NOTICE OF COMPLETE will be subject, to appropriate ment Plant'Effluent arid HRSG County, on an 84 acre oarcel monitoring arid treatment and dis- APPUCATIONS, PUBLIC HEAR- owner by the applicant. The Al- Blowdown);.will be sent thru on- ING and ISSUES CONFERENCE charged to the Hudson River via site waste water treatment facil- bany Steam Station will be per- existing outfplls. Stormwater will Applicant: PSEG Power New York manently retired,'upon com- . tty arid discharged to the Hudson inc, 80 Park Plaza, Newark, NJ be discharged to the Hudson ' Hiver via Outfall 003. 07.101 mencement of commercial opera- River via existing outfalls. tion of the BEC. The fenfire project Outfall 004 (Oil Storage Area Ruri- Application Number: DEC #4- The intake, is from the Hudson ' off) will discharge to the Hudson area is zdned.fdr Heavy Industrial 0122-00044/00021; PSC Case use. The BEC is bounded on the #97-F-2162 •, west side by State Route 144;:on" Project Description: the Applicant the east by the Hudson River, on PSEG Power New York inc. the south by an unused oil termk % 24th ANNUALINbiANRiVER} (PSEGNY), proposestocbnstruct nal owned by.Niagara.Mbhawk, and operate the Bethlehem En-' and on the north by uhusedprpp-' CITRUS FRUIT SALE ergy Center (BEC), a gas-fired erty owned by Niagara Mohawk. combined cycle power generation State Pollutant Discharge Elimi- •NAVEtORANGES facility consisting of three General riatibn System LEGAL NOTICE. LEGAL NOTICE. LEGAL NOTICE. LEGAL NOTICE. LEGAL NOTICE. LEGAL NOTICE. T— pollution control regulations In- (2) NYS DEC Division of Environ- posed project, or the imposition York State in which the office of dress to which the Secretary of NOTICE OF FORMATION O cluding the requirements of 6 mental Permits^ 625 Broadway, of significant permit conditions. the Company is to be located is State shall mail a copy of any pro- LIMITED LIABILITY COMPAI NYCRR, Parts 20,1, 204, 225, Albany, New York 12233-1750. cess against the LLC is 873 New The petition must identify all statu- Albany. (LLC) . 227, 231 and 257, as well as all Contact Kevin Kispert, Project. tory and regulatory requirements FOURTH: The Secretary of State Loudon Road, Latham, New York New Source Performance Stan- Manager, at (518)402-9161; and which may not be met, and ex- has been designated as agent 12110. Name:,Harbor Cable Compa dards (NYPS) at 40 CFR Part 60. (3) NYS Department of Environ- plain why. If a party intends to rely upon whom process against the (October 24,2001). (New York), LLC. Arts, of Org. fil Pursuant to 6NYCRR Subpart mental Conservation, Region 4 upon expert testimony, the peti- Company may be.served. The with Secy, of State of N.Y. (SSN 231-2, the Applicant had created Headquarters, 1150 North. tion must also Include an offer of post office address to which the on 9/18/01. Office location: Alba internal offsets of 838.9 tons of Westcott Rd., Schenectady, NY proof that specifies the Secretary of State shall mail pro- NOTICE OF FORMATION OF County. SSNY designated NOx and 23.7 tons of VOC form 12306. Contact: Michael T. witness(es), the nature of the ar- cess ls:.B.A. CONSTRUCTION LLC agent of LLC upon whom proce the existing Albany Steam Station Higgins at (518)357-2069. guments, any documentary evi- SERVICES, LLC, 4 British Ameri- against it may be served. SSt which will be permanently retired Written Comments: All written dence that the party intends to can Boulevard, Latham, New York CMP Industries LLC; filed Articles shall mail copy of process to: i upon commencement of commer- comments about the draft, present at the hearing, and the 12110. of Organization with the New York Philip Jehks, Esq., 14 Main £ cial operation of the Bethlehem preconstruction permit, draft grounds upon which the asser- FIFTH: The latest date on which Secretary of State on August 31, P.O. Box 15, Southbouugh, It Energy Center. These offsets Phase II title IV permit, and draft tions are based regarding the pro- the Company is to dissolve is 2001. its office is located in Albany 01772. Purpose; anflBul act were established as Emission SPDES permit must be post- posed issues. , December 31, 2050, unless said County. The Secretary of State Reduction Credits (ERCsj iii the marked by December 3, 2001, for amlcus status, the filing must period is further extended by has been designated as agent (October 24, 2001) ^^ Environmental Notice Bulletin and sent to Administrative Law identify the nature of the legal or amendment of this Agreement or upon whom process may be (ENB) on 7/18/01. No public com- Judge P. Nicholas Garlick, NYS policy issues to be briefed, and sooner terminated in accordance served and shall mail a copy of ments were received on the ERCs DEC Office of Hearings and Me- provide a statement explaining with this Agreement., any process servedori him or her LEGAL NOTICE notice. These ERCs "offset" the diation Services, 625 Broadway, why the proposed amlcus is in a SIXTH: Thexmrpose of the busi- to CMP Industries LLC, P. O. Box project emissions of 446.2 tons of First Floor, Albany, New York special position with respect to ness of the Company is any law- 350, Albany, NY 12201. Its busi- Notice of formation of limited lial NOx and 56.3 tons of VOCs such 12233-1550. those issues. ful activity pursuant to Section 203 ness is to engage in,any lawful ity company (LLC). Name: HAF that the net increase was below All public comments on the per- All petitions must be received by of the New. York.Limited Liability activity for which limited-liability HATS OF AMERICA, LLC. A' , the thresholds of 231 -2 applicably. mits will be reviewed to determine 3:00 p.m. November 28, 2001. Company Law. companies may be organized of Org. filed with Secy, of State The current notice also serves as whether they raise substantiative One copy of any petition request- (October 24,2001) under,Section 203 of the New N.Y. [SSNY) on 10/10/01. Offi the public notice of the ERCs pur- and significant issues that warrant ing either full party status or am- York Limited Liability Company location: Albany County. SSf suant to the requirements of 6 further review through adjudica- lcus status must be served upon, Act. designated as agent of LLC up NYCRR Section 231 -2.10. tion. Specific comments must be the following individuals: NOTICE OF PUBLICATION (October 24, 2001)> whom process agiainst IJ may The terms and conditions of the supported by full documentation (4) Administrative Law Judge served. SSNY shall mailcopy draft PSD permit in this notice is and references should be limited Nicholas Garlick, Office of Hear- BLACK DIAMOND SECURITIES process to: 8 Country Club Dri\ for informational purposes only. to readily available information. ing's and Mediation Services, LLC was filed with SSNY on 10/ LEGAL NOTICE Annandale, NJ 08801. Purpos The DEC is concurrently issuing The draft PSD permit referenced NYSDEC, 625 Broadway, First 03/2001. Office: Albany County. any lawful activity. for public comment a Notice of above is not subject to hearings Floor, Albany, NY 12233-1550; SSNY designated as agent of LLC Comfort Homes, LLC, Art. of Org. (October 24, 2001) Determination to Issue Prevention under State administrative proce- (5) Administrative Law Judge Wil- whom process against may be filed SSNY 8/17/01. Albany of Significant Deterioration (PSD) dures. liam Bouteiller, Office of Hearings served. The P.O. address which County. SSNY designated as agt. Permit pursuant to 40 CFR §52.21 Public Hearings Sessions and Is- and Alternative Dispute Resolu- SSNY shall mail any process upon whom: process may be LEGAL NOTICE and Part 124. sues Conference tion, NYSDPS, 3 Empire State against the LLC served upon him: served and shall mail copy of pro- Additional Regulatory Provisions Legislative Public Hearing: Leg- Plaza, Albany, New York 12223- The LLC, 46 State Street. 3rd Fir, cess: c/o Jan Woodcock, 8 W. Healy Partnerships Limited Pa NYS Public Service Law (PSL): islative hearing sessions to re- 1350; Albany, NY 12207. The registered Hamilton PI., Jersey City, NJ nership, Cert, of LP filed30 SSNY&&INY This project requires a Certificate ceive unsworn statements from (6) Thomas J. McGuire, Esq., agent is: USA Corporate Services 07302. Purpose: any lawful pur- 30/01.Albany Co., SSKSNJfeles of Environmental Compatibility the public on the applications and Senior Attorney, Office of General Inc. at the same address. Pur- pose. nated as agt: upon who| and Pubijc Need (Certiticate) to the draft perm its, described Counsel, NYSDEC, 625 Broad- pose: any lawful purpose. (October 24, 2001) may be served & shalll construct and operate, and is sub- above, will be held before Admin- way, Albany, NY 12233-1500; (October 24, 2001) of process: 15 Sandra^ ject to review pursuant to New istrative Law Judge Nicholas (7) David Van Oil, Esq., Office of Loudonville, NY 12211. Nan York State Public Service Law Garlick, on Monday, December 3, General Counsel, NYSDPS, 3 LEGAL NOTICE - addr. of each gen partner avi (PSL) Article X (Siting of Major 2001 at 7 p.m., at,the Town of Empire State Plaza, Albany, New NOTICE OF PUBLIC HEARING able from SSNY. Purpose: a Electric Generating, Facilities). Bethlehem, Town Hall, 445 Dela- York 12223-1350; and DILDEN, ENTERPRISES LLC lawful purpose. The PSLArticle X application was ware Avenue, Delmar, New York. (8) Richard M. Cogen, Esq., Nixon Notice if hereby given that the was filed with the SSNY on 09/ (October 24, 2001) filed on July 2, 2001. The condi- As stated above, this hearing is Peabody LLP, Omni Plaza, Suite Board of Appeals of the Town of 28/01! Office: Albany County. tions contained in the draft per- being held on a'jbint record with 900, 30 South Pearl Street, Al- Bethlehem, Albany County, New SSNY designated as agent of LLC mits identified in this notice will be the related PSLArticle X proceed- bany, NY 12207-3497. York will hold a public hearing on whom process against may be, NOTICE OF FORMATION 0 incorporated into the Article X ings. All persons, organizations, • Service by fax is NOT authorized. Wednesday, November 7, 2001, served. The P.O. address which LIMITED PARTNERSHIP hearing record for the (BEC). corporations, or government at 7:30 p-m., at the Town Offices, SSNY shall mail.any,process As previously explained, parties PURSUANT TO SECTIONS The DEC public hearings noticed agencies which, may be affected to the related PSLArticle X pro- 445 Delaware Avenue, Delmar, against the LLC served upon him: below are being held jointly with by the proposed project are in- ceeding are not automatically New York to take action on appli- 80 State Street, Albany NY 120-121 OF THE REVISED the related PSLArticle X proceed- vited to attend the hearing and to igrantea full party status with re- cation of Brian and Darlene Jerry, 12207-2543. The Registered LIMITED PARTNERSHIP AC ings concerning the Article X ap- submit oral and written com- spect to the DEC environmental 10 AndOver Road, Sling6rlands, Agent is Corporation Service plication filed by PSEG Power, for ments. It is not necessary to file permits and must file, a petition New York 12159 for Area Variance Company at the same address. 1. Thei name of the Limited Pe nership is JONAS L1M1TE a Certificate for the BEC (PSC in advance to speak at the legis- pursuant to 6 NYCRR §624.5 in under Article XVI, Front Yards, Purpose: any lawful purpose. Case #97-F-2162). For additional lative hearing; Lengthy state- Section 128-66, of the Code of the (October24,2001)- PARTNERSHIP. order to participate in the DEC 2. The Certificate of Limited Pe information concerning the PSL ments should be in writing and Issues Conference. Town of Bethlehem.to allow an Article X application and related summarized for oral presentation. Daniel, E. Louis ,• existing shed to remain which nership was filed with the Seci hearings g6 to the Department of Reasonable time limits may be set Chief Administrative Law Judge does not meet the Front Yard set- LEGAL NOTICE tary of State on May 2,2001. Public Service web page at: http:/ for each speaker to afford every- back requirement at premises 10 3. The office of the limited pa October 17,2001 nership is to be located in Alba /www.dps.state.n.y.us/ one an opportunity to be heard. (October 24, 2001) Andover Road, Slingerlands, New Notice -of formation of EL bethlehem.htm. Equal weight will be given to both York. •' ...... MUNDIAL LLC a NYS limited li- County. NYS Environmental Conservation oral and written statements. The Michael C. Hodom ability company (LLC). Formation 4. The Secretary of State is dt ignated as agent of the limit Law and implementing regula- hearing location is fully accessible LEGAL NOTICE Chairman filed with SSNY on 10/03/2001. tions: In addition to the specific to persons with a mobility impair- Board of Appeals Off. Loc: Albany Co. SSNY des- partnership upon whom_proce against it may be served, the p( statutes and regulations cited ment. Interpreter services shall be Notice of Application for Authority (October 24,2001) ignated as agt. of LLC, upon above, the subject SPDES and whom process may be served. office address.to which the S« made available to deaf persorts of ACC Telecommunications, • ^ the preconstruction and Phase II at no charge upon written request LLC, aforeign limited liability com- SSNY shall mall copy of process rotary of State shall mail a co title IV air permit applications are pany (LLC). Auth. filed with Secy. to: The LLC, 46 State St.. 5th Fl., of any process against the limit to the Administrative Law Judge, LEGAL NOTICE partnership served upon him 1: being processed by the DEC pur- identified above, at least 10 days of State of N.Y. (SSNY) on 9/27/ Albany NY 12207. Purpose: All suant to ECL Article 3, Title 3 prior to the hearing, pursuant to 01. LLC organized in Delaware BROWN BEAR HOLDING LLC Lawful Purposes. JONAS LIMITED PARTNERSh (General Functions), ECL Article the State Administrative Probe-' DE) on 1/2/01. NY office location: was filed with the SSNY on 09/ (October 24, 2001) 40 Elwood Road 17 (Water Pollution Control), ECL dureAct. ' bany County. SSNY designated 28/01. Office: Albany County. Delmar, New York 12054 Article 19 (Air Pollution Control), Issues Conference: A pre-adjudl- • is agent of LLC upon whom pro- SSNY designated as agent of LLC 5. Jay Harold Jakovlc, Es< and 6 NYCRR Subparts 201-6 calory hearing Issues Conference ess against it may be served. whom process against may be NOTICE OF PUBLIC HEARING whose address Is 662 Madis (Permits and Registrations) and is scheduled to be held Wednes- SNY shall mail copy of process served. The P.O. address which Avenue, Albany, New York 122( 231-2 (Requirements for Emis- day, December 12,2001 at 10:00 to: c/o Corporation Service Co., SSNY shall mail any process Notice Is hereby glvin that this 3604, is to be registered agent the limited partnership up sion Sources Subject to §§172 a.m. at Department of Public Ser- SJ State St., Albany, NY 12207, against the LLC served upon him: Board of Appeals of the Town of and 173 of the Clean Air Act, 42 vice Offices, 3rd Floor, Agency mgistered agent of LLC upon 80 State Street, Albany NY Bethlehem, Albany County, New whom process against the limit USC §7502 and §7503 on or af- Building 3, 3 Empire State Plaza, «hom process may be served. 12207-2543. The Registered York will hold a public hearing on partnership may be served. ter November 15,1992), Part 621 Albany, New York, and continue P incipal office address of LLC: Agent is Corporation Service Wednesday. November 7, 2001, 6. The names and the busine (Uniform Procedures), Part 624 day to day at the same location, if C ne North Main St., Coudersport, Company at the same address. at 7:45 p.m., at the Town Offices, or residence street address (Permit Hearing Procedures), and necessary. At the Issues Confer- F \ 16915. Copy of Arts, on file Purpose: any lawful purpose. ^ 445 Delaware Avenue. Delmar, each general partner is accessil Parts 750-758 (State Pollutant ence, the ALJ will determine what »ith DE Secy, of State, Townsend (October 24, 2001) New York to take action on appli- from the Secretary of State.State, Discharge Elimination System). issues, if any, require adjudica- E Idg., Dover, DE 19901. Purpose: cation of Francis and Donna 7. The latest date uponn \which '' t SEQRA Status: The DEC Staff tion, and will define the scope of telecommunications. Asprion, 6 Asprion Road, Glen- limited partnership is ta has determined that the proposal such issues. The Issues Confer- (Dctober24,2001) LEGAL NOTICE mont. New York 12077 for Area is March 1, 2030, unlliiflVi is a Type II action as designated ence may be canceled if no filings Variance under Article Xll, Per- wise terminated in ace by 6 NYCRR §617.5(c)(35). A for party status are received by, Notice of Application for Authority cent of Lot Occupancy, Section with the limited partnershrp'agrc comprehensive environmental the deadline listed below. Partici- CEMETERY ASSOCIATION of CED CAPITAL HOLDINGS 123-55, Accessory Buildings and ment. XVI, LTD., a foreign limited part- Article XVI, Front Yards, Section 8. The character of the busine review is being conducted pursu- pation in the DEC Issues Confer- ANNUAL MEETING ant to PSL Article X. ence will be limited to the DEC nership (LP). Fictitious name in 128-71, Accessory Buildings, of is to conduct any lawful busine Tentative DEC Staff Position and Staff, the Applicant and those per- 'he Bethlehem Cemetery Asso- NY State: CED CAPITAL HOLD- the Code of the Town of Bethle- activity for profit that is not oth Document Availability: The DEC sons requesting party status pur- :iation will hold it's Annual Meet- INGS XVI, LTD. LIMITED PART- hem for construction "of a carport wise prohibited by the laws oft has reviewed the Applicant's ap- suant to.6 NYCRR §624.5 in ad- ng at 7 P.M. Monday, November, NERSHIP. Auth. filed with Secy, addition to existing garage which State of New York. plication materials and supporting vance of the Issues Conference. 5th, 2001 at the Delmar Reformed of State of N.Y (SSNY) on 10/10/ would exceed allowable Percent (October 24, 2001) documentation and has deter- Parties to the related PSL Article Dhurch. For Information Phone 2001. LP formed in Florida FL) of Lot Occupancy and encroach mined that they are complete pur- X proceeding are not automati- '67-2930. on 12/1/1999. NY office location: Into the Front Yard setback re- suant to 6 NYCRR Part 621. A cally granted full party status, and October 24, 200.1) Albany County. SSNY designated quirement at premises 6 Asprion NOTICE OF FORMATION O, tentative determination has been must file a petition pursuant to 6 as agent of LP upon whom pro- Road, Glenmont, New York LLC made to approve this application NYCRR §624.5 to participate in cess against it may be served. 12077. and prepare draft permits. It has the DEC Issues Conference. The NOTICE OF PUBLICATION SSNY shall mail copy of process Michael C. Hodom Kommit Partners, LLC, filed . been determined that all air pro- draft PSD permit conditions re- to: Corporation Service Co., 80 Chairman tides of Organization with t gram statutory and regulatory cri- ferred to above is not subject to AUTOLOGIC LLC was filed with State St., Albany, NY 12207, reg- Board of Appeals New York Secretary of State teria can be met through the im- an adjudicatory or evidentiary SSNY on 09/05/01. Office: Albany istered agent of LP upon whom (October 24, 2001) September 26, 2001. Its office position of special permit condi- hearing: , County. SSNY designated as process may be served. FL ad- located in Albany County. T tions. For the 201-6 draft air Filing for Party Status and Pro-. agent of LLC whom process dress of LP: 1551 Sandspur Rd., Secretary of State has been di proconstruction permit, the DEC posed Issues: to participate in the against may be served. The P.O. Maitland, FL 32751. Name/ad- LEGAL NOTICE ignated as agent upon whom p has incorporated control technolo- Issue Conference concerning the address which SSNY shall mail dress of each general partner cess may be served and shall n glesand emission limits proposed draft permits identified in this No- any process against the LLC available from SSNY. Cert, of LP Notice Of Application for Authority a copy of any process sierved by the Applicant, and has inde- tice (except the CSD permit), par- served upon him: The LLC< 46 on file with FL Secy, of State, Div. of Greyhawk Gas Storage Com- him or her to Kommit Partne pendently developed additional ties must file a written petition Re- State Street, 3rd Fir, Albany, NY of Corps., P.O. Box 6327, Talla- pany, L.L.C., a foreign limited li- LLC, 150 Montgomery Street, conditions to ensure compliance questing party status including the 12207. The registered agent is: hassee, FL32314. Purpose: any ability company (LLC). Auth: filed bany, NY. its busin|^h£ to < with all regulatory^ requirements. facts intended for presentation USA Corporate Services Inc., at lawful activity. with Secy, of State of N.Y. (SSNY) gage in any lawf A B^ity The background documentation pursuant to 6 NYCRR §§624.4(c) the same address. Purpose: any (October 24, 2001) on 9/27/01. LLC organized in which limited liabili^^^ipan of this determination is available and 624.5(b). In addition, any pe- lawful purpose. Delaware (DE) on 8/15/01. NY may be organized under Sect- In the "fact sheets" and the admin- tition must be fully identify the pro- ;October24, 2001) office location: Albany County. 203 of the New York Limited istrative record for the project. posed party and the name(s) of NOTICE OF FORMATION OF A SSNY designated as agent of LLC ability Company Act. The application materials, fact the personfs) who will act as the DOMESTIC LIMITED upon whom process against it (October 24, 2001) sheet, the draft air preconstruction party's representative(s), the PUBLICATION NOTICE OF LIABILITY COMPANY (LLC) may be served. SSNY shall mail permit, draft Phase II title IV per- party's environmental interests, copy of process to: Attn: Falcon ORGANIZATION OF LIMITED Northeast Holdings, L.L.C., c/o mit, and the draft SPDES permit the statutory considerations rel- LIABILITY COMPANY The name of the LLC is CLUB . LEGAL NOTICE are available for review at the fol- evant to the project, whether the PRO USA, LLC. The Articles of Falcon Gas Storage Company, lowing locations during normal request is for full party status or •IRST: The name of the Limited Organization of the LLC were filed inc.. 1776 Yorktown, Ste. 500; Notice of Application for Autho business hours between 9:00 AM amlcus status, and the precise Jability Company is B.A. CON- with the NY Secretary of State on Houston, RX 77056. Office ad- of LFD Insurance Agency, Limil Liability Company, a foreign 11 and 4:00 PM, Monday through grounds for opposing or support- 5TRUCTION SERVICES, LLC October 4, 2001. The purpose of dress of LLC in DE: c/o The Cor- ited liability company (LLC). AL Friday: ing the project. Mere opposition (hereinafter referred to as the the LLC is to engage in any law- poration Trust Co., 1209 Orange (1) NYS DEC Office of Hearings to the project is not a sufficient ICompany"). ful act or activity. The office of the St., Wilmington, DE 19801. Arts filed with Secy, of State of N and Mediation Services, 625 basis to be granted party status. ^ECOND: The Articles of Orga- LLC is to be located in Albany of-Org. on file with DE Secy, of (SSNY) on 8/30/01. LLC ori Broadway, First Floor, Albany, NY If seeking full party status, the nization of the Company were County. The Secretary of State Is State, 401 Federal St., Ste. 4, nized in Delaware (DE) dn 4/: 12233-1550. Contact: Administra- petitioner must propose issues fi(ed with the Secretary of State •designated as the agent of the Dover, DE 19901. Purpose: all 01. NY office location; Albe tive Law P. Nicholas Garlick at that could result in permit denial, on September 26, 2001. LLC upon whom process against lawful purpose. County. SSNY designated (518)402-9003. major modification of the pro- THIRD: The county within New the LLC may be served. The ad- (OctobiBr24, 2001) agent of LLC upon whom orofle against it may be served. SSI