USGen New England, Inc.

Status	Closed
File Date	11/05/2003
Appeal Number(s)	NPDES 03-12
Docket Number	MA 003654
Statute(s)	Clean Water Act
Type	PERMIT
Program(s)	NPDES

Index of Filings

#1 - 11/05/2003 - Petition for Review; Motion for Leave to Submit Brief; Motion to Supplement Administrative Record; Motion for Evidentiary Hearing; Request Oral Argument; Certificate Service

#1 - 11/05/2003 - US Gen New England, Inc. Petition for Review

#1 - 07/28/2004 - The UWAG's Opposition to region 1's Second Motion to Strike

#2 - 11/05/2003 - Fax Letter--to Eurika Durr, Confirming delivery via Federal Express of a lengthy petition and several motions

#2 - 08/03/2004 - Motion to Accept the State of Rhode Island's Brief as Timely Filed

#3 - 11/13/2003 - Letter to Robert Golledge, Commissioner, MADEP, Requesting a Response to Petitioner's Contentions

#3 - 08/03/2004 - Memorandum of Law in Support of Motion to Accept the State of Rhode Island's Brief as Timely Filed

#4 - 11/13/2003 - Letter to Carl Dierker, Regional Counsel, Region 1 Prepare a response to Petitioner's Contentions

#4 - 08/04/2004 - Motion to Accept Save the Bay's Breif as Timely Filed

#5 - 11/13/2003 - Concurrences Sheet for letter to Robert Golledge, Commissioner

#5 - 08/04/2004 - Memorandum of Law In Support of Motion To Accept The Save The Bay's Brief As Timely Filed

#6 - 11/13/2003 - Concurrences Sheet for letter to Carl Dierker, Regional Counsel

#6 - 08/10/2004 - Motion to Accept Save the Bay's Brief as Timely Filed

#7 - 11/19/2003 - Fax -- Motion by EPA Region 1 for Clarification of Scheduling Order with Certificate of Service

#7 - 08/10/2004 - Memorandum of Law in Support of Motion to Accept the Save the Bay's Brief as Timely Filed

#8 - 11/20/2003 - Original -- Motion by EPA Region 1 for Clarification of Scheduling Order with Certificate of Service

#8 - 08/06/2004 - Order Granting Motion to Accept Save the Bay's Brief as Timely Filed.

#9 - 11/21/2003 - Scheduling Order

#10 - 11/21/2003 - Facsimile to Mark Stein and Wendy Jacobs Scheduling Order

#11 - 11/25/2003 - Letter to the Clerk of the Board, Motion for Leave to Intervene and File Brief in Connection with USGen Petition

#12 - 11/25/2003 - Memorandum of Law in Support of Conservation Law Foundation's Motion for Leave to Intervene and File a Brief

#13 - 11/26/2003 - Order: Second Scheduling Order

#14 - 11/26/2003 - Facsimile to Mark Stein et al -- Second Scheduling Order

#15 - 12/11/2003 - Facsimile to Kathy Georgian, Requested pages 4, 10, 39, 42 and 2

#16 - 11/28/2003 - Second Motion to Supplement the Administrative Record and Certificate of Service

#17 - 12/29/2003 - Opposition to Motion to Intervene and File a Brief

#18 - 12/29/2003 - Save the Bay's Motion for Leave to File an Amicus Brief in Support of the NPDES Permit

#19 - 12/29/2003 - Save the Bay's Memorandum of Law in Support of its Motion for Leave to File an Amicus Brief in Support of the NPDES Permit

#20 - 12/29/2003 - Faxed -- Letter to Clerk ofthe Board, Corrected Page to EPA Region 1's Response to the Petition for Review, page 1 Region 1's Response to Petitioner's Table 2 alleged Errors on Engineering Issues

#21 - 12/29/2003 - Massachusetts Department of Environmental Protection's Motion for Leave to File Amicus Brief and the Amicus Brief/Certificate of Service

#22 - - Letter to Clerk of the Board of Corrected Page to EPA Region 1's Response to Petition, Page 1 of the Region 1's Response to Petitioner's Table 2; Alleged Errors on Engineering Issues

#24 - 12/29/2003 - Conservation Law Foundation's Memorandum in Support of Objection to Motions to Supplement the Administrative Record

#25 - 12/29/2003 - Conservation Law Foundation's Objection to Petitioner's Motion for Evidentiary Hearing

#26 - 12/29/2003 - Memorandum in Support of Objection to Motion for Evidentiary Hearing

#27 - 12/30/2003 - The State of Rhode Island's Objection to Petitioner's Request for Evidentiary Hearing/The State of Rhode Island's Objection to Petitioner's Motions to Supplement the Administrative Record

#28 - 12/04/2003 - Letter to Kathy Georgian, with requested copy of the Petition for Review

#29 - 12/30/2003 - The State of Rhode Island's Motion for Leave to Intervene and File a Brief or in the Alternative Motion for Leave to File an Amicus Brief in Support of the NPDES Permit No. MA0003654; Memorandum of Law in Support of its Motion for Leave to Intervene and File a Brief or in the Alternative Motion for Leave to File an Amicus Brief in Support with Exhibit

#30 - 01/16/2004 - Petitioner's Motion for a Conference to Organize and Prioritize the Issues on Appeal

#31 - 01/16/2004 - Letter to the Clerk of the Board with Petitioner's Response to Motions of Massachusetts DEP, Rhode Island and Save the Bay to Participate in the Proceedings

#32 - 01/22/2004 - Letter to the Clerk ofthe Board -- Amended Certificate of Service; Petitioner's Response to Motions of Massachusetts DEP, Rhode Island and Save the Bay to Participate in the Proceeding

#33 - 01/23/2004 - Letter to the Clerk of the Board with Motion of the Utility Water Act Group for Leave to File a Brief Amicus Curiae in Support of Appellant and Certificate of Service

#34 - 01/27/2004 - Letter to the Clerk of the Board with EPA Region 1 Opposition to Petitioner's Motion for a Conference to Organize and Prioritize Permit Appeal Issues, and Motion for Third Scheduling Order

#35 - 01/27/2004 - Letter to the Clerk of the Board with Response to USGen Opposition to CLF Motion to Intervene

#36 - 01/27/2004 - Letter to the Clerk of the Board with Amended Certificate of Service; Petitioner's Response to Motions of Massachusetts DEP, Rhode Island and Save the Bay to Participate in the Proceeding

#37 - 01/26/2004 - Fax to the Clerk of the Board with EPA Region 1 Opposition to Petitioner's Motion for a Conference to Organize and Prioritize Permit Appeal Issues, and Motion for Third Scheduling Order

#38 - 01/30/2004 - Fax to the Clerk of the Board with Certificate of Service; Petitioner's Opposition to Region 1's Motion for Third Scheduling Order

#39 - 02/02/2004 - Fax to the Clerk of the Board with EPA Region 1 Opposition to Motion of the Utility Water Act Group for Leave to File a Brief Amicus Curiae in Support of Appellant with Certificate of Service

#40 - 02/03/2004 - Letter to the Clerk of the Board with EPA Region 1 Opposition to Motion of the Utility Water Act Group for Leave to File A Brief Amicus Curiae in Support of Appellant with Certificate of Service

#41 - 02/05/2004 - Letter to Clerk of the Board with Certificate of Service; Petitioner's Opposition to Region 1's Motion for Third Scheduling Order

#42 - 02/06/2004 - Letter to the Clerk of the Board with State of Rhode Island's Response to Petitioner's Opposition to Rhode Island's Motion to Intervene; State of Rhode Island's Objection to Petitioner's Motion for Conference

#43 - 02/25/2004 - Facsimile to Michelle Ashworth Requested copy -- Motion for Evidentiary Hearing

#44 - 02/19/2004 - Order Granting Review

#45 - 03/03/2004 - Letter to Travis Leach -- Requested document on USGen New England, Inc. Brayton Point Station

#46 - 12/30/2004 - Letter to the Clerk of the Board with EPA Region 1 Response to the Petition with Exhibits; Certified Index to the Administrative Record; Region 1's Opposition to Petitioner's Motions to Supplement the Administrative Record; Opposition to Motion for Leave to Submit Brief in Connection with Petition for Review; Opposition to Petitioner's Request for Oral Argument; Opposition to Petitioner's Motion for Evidentiary Hearing; Motion to Strike; Response to Conservation Law Foundation's Motion for Leave to Intervene and File a Brief and Certificate of Service

#47 - 03/10/2004 - Letter to the Clerk of the Board with set of Pages to be inserted into Exhibit 62, Vols. IV and V for the Group of Exhibits filed by Region 1

#48 - 03/15/2004 - Letter to the Clerk of the Board Substitute Carol Lee Rawn for Christopher M. Kilian as Counsel for Conservation Law Foundation

#49 - 04/12/2004 - Letter to Clerk of the Board with Brief in Support of USGen New England Request for an Evidentiary Hearing with Certificate of Service

#50 - 04/12/2004 - Letter to Clerk of the Board with the Utility Water Act Group's Amicus Curiae Brief in Support of Appellant's Motion for Evidentiary hearing

#51 - 03/21/2004 - Letter to Kathy Georgian -- with requested documents of USGen New England

#52 - 03/17/2004 - Letter from W. Crowley -- concerned about discharging into the Bay

#53 - 04/15/2004 - Letter to Clerk of the Board-- Copies of Replacement of page 5 of Brief in Support of USGen's Request for Evidentiary Hearing

#54 - 04/27/2004 - Letter to Eurika Durr and Ernest Hauser-- Providing Notification of Uncontested and Severable Conditions of NPDES Permit MA0003654

#55 - 04/29/2004 - Region 1's Further Opposition to Motion for Evidentiary Hearing

#56 - 05/03/2004 - The State of Rhode Island's Memorandum of Law in Support of its Objection to USGen NE's Request for an Evidentiary Hearing

#57 - 05/03/2004 - CLF's Further Opposition to Motion for Evidentiary Hearing

#58 - 05/03/2004 - Letter to Appeals Board from Taunton River Watershed Alliance --- Leave to File a Non-Party Brief

#59 - 05/04/2004 - Order

#60 - 05/04/2004 - Letter to Ann Morrill, with requested documents of USGen New England file

#61 - 05/05/2004 - Save the Bay's Amicus Brief in Objection to Motion for an Evidentiary Hearing-- NPDES Permit No. MA0003654

#62 - 05/18/2004 - Letter to Carol Lee Rawn, Updated mailing list to reflect new address

#63.1 - 05/13/2004 - Facsimile to Kathryn A. Georgian -- Requeting copies that are identified on the docket

#63.2 - 05/19/2004 - Fax--Requesting Documents regarding USGen

#64 - 05/24/2004 - KRC's Amended Certificate of Service

#65 - 05/24/2004 - Kickemuit River Council's Memorandum of Law in Support of its Motion for Leave to File an Amicus Brief in Support of the NPDES Permit MA0003654

#66 - 05/27/2004 - Order

#67 - 06/07/2004 - The Utility Water Act Group's Amicus Curiae Brief in Support of USGen's Petition for Review

#68 - 06/07/2004 - Brief in Support of USGen NE's Appeal of the NPDES Permit for Brayton Point Station

#69 - 06/07/2004 - Letter to Kathryn A. Georgian -- with requested documents of USGen New England

#70 - 06/08/2004 - Fax-- first page of Exhibit 5 of Brief in Support of USGen NE's Appeal of the NPDES Permit for Brayton Point Station

#71 - 06/18/2004 - Originial -- USGen's Response to EPA Region 1's Motion for Extension of Time and Enlargement of Page Limits

#72 - 06/18/2004 - Motion for Extension of Time and Enlargement of Page Limits for EPA Region 1's Response Brief

#73 - 06/17/2004 - Facsimile -- USGen's Response to EPA Region 1's Motion for Extension of Time and Enlargement of Page Limits

#74 - 06/17/2004 - Facsimile -- Region 1's Motion for Extension of Time and Enlargement of Page Limits for EPA Region 1's Response Brief

#75 - 06/18/2004 - Order Granting Extension of Time and Denying Enlargement of Page Limits

#76 - 06/18/2004 - Letter to EAB from Prudence Conservency Supporting the Position of the USEPA Region 1 with enclosed newspaper commentary

#77 - 06/21/2004 - KRC's statement that Amended Certificate of Service were served by First Class Mail

#78 - 06/28/2004 - Letter to EAB, Supporting the EPA Motion for an Extension of Time and Enlargement of Page Limits

#79 - 06/29/2004 - MADEP's Supplemental Amicus Brief & Certificate of Service

#80 - 07/09/2004 - The Conservation Law Foundation's Amicus Curiae Brief in Response to Briefs filed by USGen & UWAG in Support of USGen's Appeal of EPA NPDES Permit

#81 - 07/09/2004 - EPA Region 1 Brief in Response to Briefs of USGen NE and UWAG in Support of USGen NE's NPDES Permit Appeal

#82 - 07/12/2004 - Fax--Region 1's Second Motion to Strike

#83 - 07/13/2004 - State of Rhode Island's Motion to Strike Portions of Petitioner's Brief that Rely on Evidence outside the Official Adminsitrative Record

#84 - 07/13/2004 - Save the Bay's Supplemental Amicus Brief in Support of NPDES Permit No. MA0003654 and in Response to Briefs filed by USGen and UWAG

#85 - 07/13/2004 - The State of Rhode Island's Brief in Opposition to Arguments Raised by USGen in Support of its Appeal

#86 - 07/13/2004 - Fax-- Region 1's Second Motion to Strike

#87 - 07/13/2004 - Copies of fax -Region 1's Second Motion to Strike

#88 - 07/13/2004 - Kickemuit River Council's additional information to their Exhibit D

#89 - 07/14/2004 - Original -- Region 1's Second Motion to Strike

#90 - 07/14/2004 - Three Copies of Page 18 of Exhibit 33 (AR3263) Vol. VI, Part II, to EPA Region 1's Response to Petition for Review

#91 - 07/16/2004 - Three copies of Page 18 of Exhibit 33 (AR3263) Vol.VI, Part II, to EPA Region 1's Response to Petition for Review

#92 - 07/23/2004 - USGen NE's Opposition to Region 1's Second Motion to Strike

#93 - 07/23/2004 - Reply Brief in Support of USGen New England, Inc.'s Appeal of the NPDES Permit for Brayton Point Station

#94 - 07/23/2004 - Fax-- UWAG Opposition to Region 1's Second Motion to Strike

#95 - 07/23/2004 - Order Denying Motion for Evidentiary Hearing

#96 - 07/23/2004 - Order Scheduling Oral Argument

#97 - 07/28/2004 - The UWAG's Opposition to Region 1's Second Motion to Strike

#98 - 08/03/2004 - Motion to Accept the State of Rhode Island's Brief as Timely Filed

#99 - 08/03/2004 - Memorandum of Law in Support of Motion to Accept the State of Rhode Island's Brief as Timely Filed

#100 - 08/04/2004 - Letter-- CLF Intends to Participate in September 9, 2004 Oral Argument

#101 - 08/04/2004 - Facsimile -- Motion to Accept Save the Bay's Brief as Timely Filed

#102 - 08/04/2004 - Fax--Memorandum of Law In Support of Motion To Accept The Save The Bay's Brief As Timely Filed

#103 - 08/06/2004 - Order Granting Motion to Accept Rhode Island's Brief as Timely Filed

#104 - 08/06/2004 - Order Granting Motion to Accept Save the Bay's Brief as Timely Filed

#105 - 08/06/2004 - Facsimile -- Letter that the permittee and petitioner intend to participate in the oral argument

#106 - 08/10/2004 - Facsimile -- Letter informing the Board that James N. Christman for the UWAG will present oral argument.

#107 - 08/10/2004 - Original -- Notice of Appearance for Oral Argument for the UWAG on Septemer 9, 2004

#108 - 08/10/2004 - Original -- Motion to Accept Save the Bay's Brief as Timely Filed

#109 - 08/10/2004 - Original -- Memorandum of Law in Support of Motion to Accept the Save the Bay's Brief as Timely Filed

#110 - 08/10/2004 - Original -- Permittee and Petitioner intend to participate in the oral argument

#111 - 08/11/2004 - Letter from Mark Stein will present oral argument on behalf of the USEPA, Region 1 September 9, 2004

#112 - 08/11/2004 - Fax--State of Rhode Island will participate in oral argument September 9, 2004

#113 - 08/12/2004 - Fax--Save the Bay will not present Oral Argument on September 9, 2004

#114 - 08/12/2004 - Fax--MA Department of Environmental Protection intends to participate in September 9, 2004 Oral Argument

#115 - 08/16/2004 - Kickemuit River Council intends to participate in September 9, 2004 Oral Argument

#116 - 08/16/2004 - Letter-State of Rhode Island will participate in Oral Argument September 9, 2004

#117 - 08/17/2004 - Letter -- MA Department of Environmental Protection intends to participate in September 9, 2004 Oral Argument

#118 - 08/17/2004 - Further Order Scheduling Oral Argument

#119 - 08/20/2004 - Letter--Save the Bay will not present Oral Argument on September 9, 2004

#120 - 08/30/2004 - Fax -- to Kathryn Georgian -- requested current docket

#121 - 09/09/2004 - Letter-Replacement Exhibit A's for EAB copies.

#122 - 09/17/2004 - Transcript, Oral Argument

#123 - 02/02/2005 - Motion to Substitute Dominion Energy Brayton Point, LLC for USGen New England, Inc. as Petitioner

#124 - 03/01/2005 - Order Substituting Petitioner

#125 - 09/08/2005 - Fax from Region 1 to EAB requested page 13 to Exhibit 33, Vol. II Tab 6

#126 - 09/13/2005 - Original Letter from Region 1 with copy of page 13 to Ex. 33, Vol II, Tab 6

#127 - 02/01/2006 - Remand Order

#128 - 02/01/2006 - Memo: EAB has issued a decision on 2/1/2006 that is available on website

#129 - 02/01/2006 - Facsimile to Wendy Jacobs et al memorandum --Dominion Energy Brayton Point, Remand Order

#130 - 01/30/2006 - Entry of Appearance for Save the Bay

# - 08/06/2004 - Order Granting Motion to Accept Rhode Island's Brief as Timely Filed

# - 08/06/2004 - Letter that the permittee and petitioner intend to participate in the oral argument.

# - 08/10/2004 - Letter informing the Board that James N. Christman for the UWAG will present oral argument.

# - 08/17/2004 - Further Order Scheduling Oral Argument

# - 09/09/2004 - Letter-Replacement Exhibit A's for EAB copies.

# - 09/17/2004 - Transcriipt, Oral Argument

# - 09/22/2004 - Final Order

# - 02/02/2005 -

# - 03/01/2005 - Order Substituting Petitioner

# - -

Print Index

USGen New England, Inc.

Index of Filings

Environmental Appeals Board