Calpine Corporation (Moapa Paiute Energy Center) (Board decision, October 20, 2004)

Plain-English summary

The State of Nevada petitioned for review of the PSD permit for Calpine Corporation's Moapa Paiute Energy Center. Nevada later withdrew its petition after the parties sought additional time to resolve the case. The Environmental Appeals Board understood the parties to have settled the underlying permit issues and dismissed Nevada's petition with prejudice. The order does not describe the settlement terms or decide the merits of the permit challenge.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: Nevada's petition was dismissed with prejudice after settlement.
• Key point: The EAB ended the permit appeal after Nevada withdrew its petition and the parties settled the underlying issues.

Full text (EPA EAB public release)

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

)
In re: )
)
Calpine Corporation
) PSD Appeal No. 04-02
(Moapa Paiute Energy Center)
)
)
PSD Permit No. NV 01-01
)
)

ORDER DISMISSING PETITION FOR REVIEW

On October 20, 2004, the State of Nevada filed a notice of withdrawal of its petition for

review in the above-captioned matter. It is our understanding, based on the parties’ earlier

filings requesting additional time to resolve the case, that the parties have settled the underlying

issues upon which the permit appeal was based. Accordingly, the State of Nevada’s petition for

review is hereby DISMISSED WITH PREJUDICE.

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: October 20, 2004 By: /s/
Edward E. Reich
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Calpine Corporation (Moapa Paiute Energy Center), PSD Appeal No. 04-02, were sent to the following persons in the manner indicated:

By Facsimile and First Class U.S. Mail:

William Frey, Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
telephone: (775) 684-1100
facsimile: (775) 684-1108

Kurt Seel
Calpine Corporation
4160 Dublin Boulevard
Dublin, California 94568
telephone: (916) 294-6149
facsimile: (916) 608-3726

By Facsimile and EPA Pouch Mail:

Ann Lyons, Assistant Regional Counsel
U.S. Environmental Protection Agency, Region IX
Office of Regional Counsel
75 Hawthorne Street
San Francisco, California 94105
telephone: (415) 947-8705
facsimile: (415) 947-3570, -3571

Date: October 20, 2004
/s/
Annette Duncan
Secretary