CPV Air Permit Application - Recent Documentation and Correspondence
Charlie Kratovil made this OPRA request to New Jersey Department of Environmental Protection This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear New Jersey Department of Environmental Protection,
Under OPRA and the common law right of access, please provide copies of:
1) the fourth notice of technical deficiencies issued to Competitive Power Ventures for their pending application under Title V of the Clean Air Act (Woodbridge Energy Center/Keasbey Energy Center Project - March 10, 2022 - BOP160004 - Program Interest Number 18940).
2) all subsequent correspondence and/or documentation received from the applicant in that matter, and any subsequent notices or correspondence sent from NJDEP to the applicant.
Thank you kindly.
Yours faithfully,
Charlie Kratovil
Good Afternoon,
I have manually entered your request into our database. You should use the tracking number 315221 when checking on the status of your request. You should expect a response to your request via e-mail in about 7 business days.
Keith Harley
Agency Services Representative
Office of Records Access
401 E. State Street
P.O. Box 420
Mail Code 401-06Q
Trenton, NJ 08625-0420
Phone: 609-341-3121
NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.
Attached please find electronic copies requested through OPRA.
Best,
Deanna Challender, Agency Services Representative 4
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[1]NJDEP
[2]NJDEP Facebook pages[3]NJDEP Twitter[4]NJDEP LinkedIn page[5]NJDEP
Instragram pages[6]Discover DEP-YouTube Channel
NOTE: This E-mail is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be
Privileged & Confidential due to the Attorney-Client Privilege, Attorney
Work Product, and Deliberative Process or under the New Jersey Open Public
Records Act. If you are not the intended recipient of this e-mail, please
notify the sender, delete it and do not read, act upon, print, disclose,
copy, retain or redistribute it.
References
Visible links
1. https://www.nj.gov/dep/
2. https://www.nj.gov/dep/facebook.html
3. https://twitter.com/NewJerseyDEP
4. https://www.linkedin.com/company/nj-depa...
5. https://www.nj.gov/dep/instagram.html
6. https://www.youtube.com/channel/UC2C01lO...
Dear Ms. Challender,
Thank you for these records. Can you kindly provide the Multisource Air Quality Modeling sent under separate transmittal to Mr. Greg John at the NJDEP on April 29, 2022? Thanks very much.
Yours sincerely,
Charlie Kratovil
Hi Charlie,
Sorry about that, I am going to have them sent to you by someone in the OPRA office, the file is too large for me to send. I will keep you updated.
Deanna Challender
Agency Services Representative
609-984-0783
NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.
Good Morning Charlie,
Wanted to let you know that we are going to have to download the files to a CD, we will send the CD out by the end of the week.
Any questions please let me know.
Best,
Deanna Challender
Agency Services Representative
609-984-0783
NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.
Hello,
Thanks, no problem. I just left you a voicemail with my address. Feel free to call me anytime at 732-993-9697.
Yours sincerely,
Charlie Kratovil
Good Morning Charlie,
I just checked my messages and I received one from you. I wanted to let you know that the CD was completed and the OPRA office will be sending it out. I believe it was left for the OPRA office on Friday.
Any questions please let me know.
Best,
Deanna Challender
Agency Services Representative
609-984-0783
NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.
Mr. Kratovil:
Attached is the Department’s administrative response to the above
referenced OPRA request.
Records Custodian Mailbox
NJDEP - Office of Record Access
(609) 341-3121
──────────────────────────────────────────────────────────────────────────
[1]NJDEP Facebook pages[2]NJDEP Twitter[3]NJDEP Instragram
pages[4]Discover DEP-YouTube Channel
NOTE: This E-mail is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be
Privileged & Confidential due to the Attorney-Client Privilege, Attorney
Work Product, and Deliberative Process or under the New Jersey Open Public
Records Act. If you are not the intended recipient of this e-mail, please
notify the sender, delete it and do not read, act upon, print, disclose,
copy, retain or redistribute it.
References
Visible links
1. https://www.nj.gov/dep/facebook.html
2. https://twitter.com/NewJerseyDEP
3. https://www.nj.gov/dep/instagram.html
4. https://www.youtube.com/channel/UC2C01lO...
Dear DEP,
I was led to believe that a CD with the records I requested would be "sent" last week.
"I am going to have them sent to you by someone in the OPRA office," stated your staff on May 17. Then, on May 18, they said "we will send the CD out by the end of the week." Then yesterday I was told, "the CD was completed and the OPRA office will be sending it out."
Now I am receiving, without much additional context, a GRRF with the following message: "records are too large in size to be emailed and can be provided either on a CD/DVD or uploaded to a File Sharing Transfer site." I'm told I "should contact the Office of Record Access to authorize the creation of a CD/DVD, which will trigger an invoice for the cost and mailing of the CD/DVD; or provide the access information for the NJDEP to upload to the File Sharing Transfer site established by the Requester"
This is confusing to me because I was told that the records were *already* placed on a CD, and I believe the written record shows I already gave authorization for its creation. Additionally, I contacted DEP via telephone last week to make sure you had the correct mailing address specifically for the purpose of sending me this CD. Today's GRRF is the first mention of a cost/invoice. I don't mind paying for the cost of the media, I just want to receive the records as soon as possible. As such, I would welcome an option for electronic file transfer, and I know that your office is aware there are many free services that can accomplish this task, including WeTransfer.com and Google Drive. You can use either of these websites to send/share the file(s) to/with [email address]. If that's not possible for any reason, you can send the aforementioned CD to the address that I gave in my voicemail to Ms. Challender. Feel free to contact me at 732-993-9697 if you have any questions at all. Thanks for your time and attention to this request.
Yours sincerely,
Charlie Kratovil
Good Morning,
The response to your request was just sent out today. I am not sure why someone would tell a CD would be sent before the response goes out, anyhow you can either have the CD mailed you for a charge of $2.07 or you can have the records uploaded to a file sharing site of your choice.
Keith Harley
Agency Services Representative
Office of Records Access
401 E. State Street
P.O. Box 420
Mail Code 401-06Q
Trenton, NJ 08625-0420
Phone: 609-341-3121
NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.
Thank you. I think the issue stems from the fact that I did receive some records via email last week, but one of the files was too big. I appreciate your prompt responses. Please send me the remaining file(s) via WeTransfer.com. You can use the email address [email address] - thanks again!
Yours sincerely,
Charlie Kratovil
You can expect these records within 5 business days, but being that the task is going to be handled by the bureau chief you'll probably either get it later on today or tomorrow.
Keith Harley
Agency Services Representative
Office of Records Access
401 E. State Street
P.O. Box 420
Mail Code 401-06Q
Trenton, NJ 08625-0420
Phone: 609-341-3121
NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.
Mr. Kratovil:
Attached are records concerning the deficiency letter. The NJDEP will be
issuing an invoice for the cost and mailing of the CD that contains the
remaining responsive records.
Records Custodian Mailbox
NJDEP - Office of Record Access
(609) 341-3121
──────────────────────────────────────────────────────────────────────────
[1]NJDEP Facebook pages[2]NJDEP Twitter[3]NJDEP Instragram
pages[4]Discover DEP-YouTube Channel
NOTE: This E-mail is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be
Privileged & Confidential due to the Attorney-Client Privilege, Attorney
Work Product, and Deliberative Process or under the New Jersey Open Public
Records Act. If you are not the intended recipient of this e-mail, please
notify the sender, delete it and do not read, act upon, print, disclose,
copy, retain or redistribute it.
References
Visible links
1. https://www.nj.gov/dep/facebook.html
2. https://twitter.com/NewJerseyDEP
3. https://www.nj.gov/dep/instagram.html
4. https://www.youtube.com/channel/UC2C01lO...
Dear DEP:
I am astonished at how confusing the responses that I received to this request are. On May 18, I was told: "we are going to have to download the files to a CD, we will send the CD out by the end of the week."
This did not happen, and then on May 24 I received a GRRF with hardly any context, instructing me to "contact the Office of Record Access to authorize the creation of a CD/DVD, which will trigger an invoice for the cost and mailing of the CD/DVD; or provide the access information for the NJDEP to upload to the File Sharing Transfer site established by the Requester."
I expressed my confusion in a message to you that same day, and received a response from Mr. Harley stating :"I am not sure why someone would tell a CD would be sent before the response goes out, anyhow you can either have the CD mailed you for a charge of $2.07 or you can have the records uploaded to a file sharing site of your choice."
I responded to make it clear that my preference was to have the remaining files sent via WeTransfer.com and I gave an email address to send the files using that tool. I was then told by Mr. Harley that I could "expect these records within 5 business days, but being that the task is going to be handled by the bureau chief you'll probably either get it later on today or tomorrow."
But before I could even respond to say thank you, I received another message from a nameless email account (DEP Records) telling me that "The NJDEP will be issuing an invoice for the cost and mailing of the CD that contains the remaining responsive records." Even though this was contrary to my wishes that the files be sent to me electronically, and contrary to what Mr. Harley had told me twice in writing that same day, I patiently waited for the invoice that the DEP Records email address had promised to send me.
As of today, June 2, I still have not received the promised electronic file transfer, the promised CD, or the promised invoice to get the CD. I am at a loss for how to proceed and I will have to contact legal counsel if the situation is not resolved by the end of this week. Please produce the remaining records today. They can be sent via WeTransfer.com to me using this email address: [email address]. Thank you.
Yours sincerely,
Charlie Kratovil
Mr. Kratovil:
Apologies for the confusion. I misunderstood Keith Harley's email to me and believed you wanted a CD, versus noticing the sentence on WeTransfer.com. The responsive records have been transferred to the provided email address. The invoice for the CD will be cancelled.
Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339
Dear Mr. Coefer,
Thanks for your quick response. I was able to download the records yesterday. Enjoy your weekend.
Yours sincerely,
Charlie Kratovil