Power Plant Siting

The Firm is currently representing developers of utility-scale solar and wind projects in their various siting activities. The Firm supported the Independent Power Producers of New York, Inc. in its negotiation of the Power NY Act of 2011, which enacted Article 10 to replace its expired predecessor, Article X. We are, therefore, very familiar with the provisions of Article 10, how they relate to the expired provisions, and how an Article 10 application should be prepared and shepherded through the process. Mr. Laniado published an article on siting renewabe generation under Article 10.

Under Article X, the Firm represented five major electric generation facility applicants, totaling approximately 4,230 MW of proposed generating capacity. The Firm worked with the clients’ environmental, engineering, and transmission consultants to prepare the applications, coordinated with the relevant regulatory agencies, and guided applications through discovery, motion practice, hearings, briefings, and settlements.

Where Article 10 is not applicable, the State Environmental Quality Review Act usually governs the power plant siting process. The Firm has helped clients secure air, water, and wetland permits from the New York Department of Environmental Conservation, Sections 68, 69, and 70 approvals from the NYPSC, and local zoning, site plan, and other municipal approvals.

Sample of Proceedings in Which the Firm Has Participated


Case 16-F-0289 – In the Matter of Ball Hill Wind Energy, LLC, Petition for Declaratory Ruling that a Certificate is Not Required Under Section 162(4)(d) of the Public Service Law.

    • DECLATORY RULING CONCERNING JURISDICTION OVER PROPOSED GENERATING FACILITY (Issued and Effective December 20, 2016).

Case 01-F-1276 – Application of TransGas Energy Systems LLC for a Certificate of Environmental Compatibility and Public Need to Construct and Operate a 1,100 Megawatt Combined Cycle Cogeneration Facility in the Borough of Brooklyn, New York.

    • OPINION AND ORDER DISMISSING AND DENYING APPLICATION (Issued and Effective March 21, 2008).

Case 97-F-2162 – Application by PSEG Power New York, Inc. for a Certificate of Environmental Compatibility and Public Need to Construct and Operate a 750 Megawatt Natural Gas-Fired Combined Cycle, Combustion Turbine Generating Facility in the Town of Bethlehem, Albany Count.

    • OPINION AND ORDER GRANTING A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED SUBJECT TO CONDITIONS
      (Issued and Effective February 28, 2002).

Case 99-F-0558 – Application of Heritage Power LLC for a Certificate of Environmental Compatibility and Public Need to Construct and Operate an 800 Megawatt Natural Gas-fired Combined Cycle Combustion Turbine Electric Generating Plant in the Town of Scriba, Oswego County, N.Y.

    • OPINION AND ORDER GRANTING CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED
      (Issued and Effective January 19, 2001).

Case 97-F-1563 – Application by Athens Generating Company, L.P. for a Certificate of Environmental Compatibility and Public Need to Construct and Operate a 1,080 Megawatt Natural Gas-fired Combined Cycle Combustion Turbine Generating Facility, in the Town of Athens, Greene County.

    • OPINION AND ORDER GRANTING CERTIFICATE OF ENVIRONMENTAL COMPATIBILITYAND PUBLIC NEED
      (Issued and Effective June 15, 2000).