FERC dealt another blow to the long-delayed Constitution Pipeline on Thursday, denying a petition for a declaratory order that the New York State Department of Environmental Conservation (DEC) waived its authority when it failed to issue a water quality certification (WQC) within a reasonable period of time. . . .
“We reiterate that once an application is withdrawn, no matter how formulaic or perfunctory the process of withdrawal and resubmission is, the refiling of an application restarts the one-year waiver period under section 401,” FERC said in denying Constitution’s petition. “. . . By withdrawing its applications before a year had passed, and by presenting New York DEC with new applications, Constitution gave New York DEC new deadlines.” . . .
