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Commissioner Norman C. Bay Statement
January 22, 2015
Docket No.P-14613-001
Item No. H-4 PDF
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Green Energy Storage Corp Preliminary Permit

“The Commission has long recognized that, “[w]here there are no longer any live issues presented,” the case is moot and a “request for rehearing should be dismissed.” Here, the Commission has rescinded a preliminary permit for a project proposed to be developed within a Superfund site subject to an indefinite cleanup process. This action moots the rehearing request filed by Singatse Peak Services, LLC, which objected to the proposed project. While my colleagues recognize this fact, they nonetheless go on to address the merits of Singatse’s claims. In the absence of a live controversy, and particularly here where the objecting party has obtained the relief it sought, the Commission need not reach those claims, and, as a prudential matter, I would not do so.”