Puerto Rico Electric Power Authority (Board decision, December 15, 2010)

Plain-English summary

Puerto Rico Electric Power Authority and EPA Region 2 jointly asked the Environmental Appeals Board to authorize withdrawal of PREPA's petition for review. Region 2 agreed to withdraw the contested permit conditions and prepare new draft conditions under the permitting procedures in 40 C.F.R. §§ 124.6 through 124.18. The Board granted the joint motion and dismissed PREPA's petition with prejudice. The dismissal did not prevent PREPA from raising issues in a later petition arising from the permit modification proceeding.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 124.6 through 124.18
• Outcome: PREPA's petition was dismissed with prejudice after the contested permit conditions were withdrawn.
• Key point: The dismissal closed the pending petition but preserved PREPA's ability to raise issues from the later permit modification proceeding.

Full text (EPA EAB public release)

                BEFORE THE ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.

                                 )

In re: )
)
Puerto Rico Electric )
Power Authority ) NPDES Appeal No. 10-18
)
Permit No. PR 0001660 )
)

             ORDER DISMISSING PETITION FOR REVIEW

By joint motion filed with the Environmental Appeals Board ("Board") on December 10,

2010, the Puerto Rico Electric Power Authority ("PREPA") and U.S. EPA Region 2 ("Region")

request that the Board issue an order authorizing withdrawal of PREPA's petition for review

("Petition") in the above-captioned matter. Joint Motion Submitting Notice of Withdrawal of

Permit Conditions Under Appeal and Requesting Withdrawal of Petition ("Joint Motion"). The

Joint Motion states that the Region has agreed to withdraw the contested permit conditions and

that the Region "will be preparing new draft permit conditions addressing the withdrawn

portions, in compliance with the procedures provided in 40 C.F.R. §§ 124.6 through 124.18."

Joint Motion at 2. The Joint Motion states further that based on the withdrawal of the contested

conditions, "PREPA is willing to withdraw the Petition." Id.

2

For good cause shown, the Joint Motion is granted. PREPA's Petition is hereby

dismissed with prejudice. This dismissal does not preclude PREPA from raising issues in a

subsequent petition arising out of the modification proceeding for the permit.

So ordered.

Date: December 15, 2010 ENVIRONMENTAL APPEALS BOARD

                                           Edward E. Reich
                                           Environmental Appeals Judge

3

                          CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the

matter of Puerto Rico Electric Power Authority, LP, NPDES Appeal No. 10-18, were sent to the

following persons in the manner indicated:

By First Class U.S. Mail:

Richard M. Cogen
Nixon Peabody, LLP
677 Broadway
Albany, NY 12207

By EPA Pouch Mail:

Eduardo J. Gonzales

Assistant Regional Counsel

Water and General Law Branch

U.S. Environmental Protection Agency, Region 2
290 Broadway

New York, NY 10007-1866

Date: DEC 15 2010
Annette Duncan
Secretary