Energy Answers, LLC (Board decision, July 22, 2014)

Plain-English summary

Leonardo Ramos-Hernandez filed a second motion seeking reconsideration of the dismissal of his appeal concerning the Energy Answers renewable energy project in Puerto Rico. He also asked for recusal of the panel based on his assertion of incompetence. The Board stood by its earlier dismissal and its first order denying reconsideration. It summarily denied the motion and closed the appeal.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The second motion to reconsider was denied, and the appeal was closed.
• Key point: The Board rejected further relief and stated that it would not accept additional motions or pleadings in the appeal.

Full text (EPA EAB public release)

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

                                            )

In re: Energy Answers, LLC ) PSD Appeal No. 14-04
(Arecibo Puerto Rico Renewable Energy )
Project) )
)
)

            ORDER DENYING SECOND MOTION TO RECONSIDER

   On July 7, 2014, Mr. Ramos filed a "Motion of Recusal of the Panel or Reconsideration."

This is Mr. Ramos' second motion seeking reconsideration of the Board's decision to dismiss his

appeal in PSD Appeal No. 14-04. Mr. Ramos alternatively seeks to have the panel recuse itself

based on what Mr. Ramos asserts is "incompetence."

   Having duly considered Mr. Ramos' motion, the Board stands by its decision to dismiss

Mr. Ramos' petition for the reasons stated in the Board's Order Dismissing Appeal (May 30,

2014). The Board also stands by its Order Denying Motion to Reconsider (June 24, 2014).

Accordingly, the Board summarily denies the motion. The matter of PSD Appeal No. 14-04 is

closed. No further relief is authorized for this appeal. The Board will reject any additional

attempts to file motions or pleadings in PSD Appeal No. 14-04.

   So ordered. 1

                                              ENVIRONMENTAL APPEALS BOARD

Dated: July 22, 2014 By: [signature]
Kathie A. Stein
Environmental Appeals Judge

   1
    The three-member panel deciding this matter is composed of Environmental Appeals

Judges Leslye M. Fraser, Catherine R. McCabe, and Kathie A. Stein.

                             CERTIFICATE OF SERVICE

     I certify that copies of the foregoing Order Denying Second Motion to Reconsider in the

matter of Energy Answers, LLC, PSD Appeal No. 14-04, were sent to the following persons in

the manner indicated:

By U.S. First Class Mail By EPA Pouch Mail:
Certified, Return Receipt Requested: Joseph A. Siegel
Leonardo Ramos-Hernandez James L. Simpson
HC 4 Box 2925 Assistant Regional Counsel
Barranquitas, PR 00794 U.S. EPA Region 2
290 Broadway
Waldemar Natalia Flores Flores New York, NY 10007
Calle 4 B 20 Forest Hills
Bayamon, PR 00959-5527 By Interoffice Mail:
Brian L. Doster
Don J. Frost Air and Radiation Law Office
Henry C. Eisenberg Office of General Counsel
Skadden, Arps, Slate, Meagher & Flom, LLP 1200 Pennsylvania Ave. NW (MC2344A)
1440 New York Avenue, NW Washington, DC 20460
Washington, DC 20005-2111

Dated: JUL 22 2014
Annette Duncan
Secretary