State Regulatory Proceedings and
Proposed Legislation

Under § 70 of the PSL, the firm has represented clients in National Grid’s acquisition of Niagara Mohawk Power Corporation, National Grid’s acquisition of KeySpan and Iberdrola’s acquisition of New York State Electric and Gas Corporation and Rochester Gas & Electric Corporation.  We have also filed petitions for a variety of generation asset acquisitions and mergers, including Constellation’s acquisition of the Nine Mile Point Nuclear Generating Stations.

The Firm has successfully filed and obtained PSC approval of many petitions for the issuance of certificates of public convenience and necessity under § 68 of the PSL, and the application of lightened regulation to wholesale generators of electricity and for financing approvals under § 69 of the PSL.

The Firm is involved or familiar with ongoing major state utility and regulatory developments, initiatives and proceedings. The Firm also keeps abreast of regulatory developments at DEC that concern generation or transmission facilities. 

In addition, the Firm is regularly requested to analyze and comment upon proposed legislation that affects the electric industry.  We have analyzed bills proposing revisions to the regulation of the competitive wholesale electric markets, fees, taxes and other legislative initiatives that impact the energy industry.  The Firm was involved in the negotiation in 1991 of Article X, the now-expired one-stop generation siting law in New York State that expired in 2002.  Over the past ten years, we have reviewed and analyzed, on behalf of clients, every proposal to reenact Article X that has been publicly advanced by the Governor’s office, the Senate or Assembly, or a major stakeholder.  The Firm advised its client, the Independent Power Producers of New York, Inc. in the negotiations of the recently enacted Article X legislation.

Sample of Proceedings in Which The Firm Has Participated

Case 10-E-0042 – Petition of AES ES Westover, LLC for Declaratory Ruling and, in the Alternative, Application for Certificate of Public Convenience and Necessity and Petition for an Order Providing Lightened Regulation and Financing Approval.

    • ORDER PROVIDING FOR LIGHTENED REGULATION AND APPROVING FINANCING
      (Issued and Effective May 14, 2010).

Case 08-E-0231 – Petition of Noble Altona Windpark, LLC, Noble Wethersfield Windpark, LLC, Noble Chateaugay Windpark, LLC, and Noble Bellmont Windpark, LLC for Emergency Approval of Financing Under Section 69 of the Public Service Law.

    • ORDER APPROVING FINANCING SUBJECT TO A CONDITION
      (Issued and Effective March 24, 2008).

Case 07-E-1283 – In the Matter of the Petition of Noble Clinton Windpark I, LLC, Noble Ellenburg Windpark, LLC, Noble Bliss Windpark, LLC, and EFS Noble Holdings LLC for Declaratory Ruling Regarding Transfer of Membership Interests or, in the Alternative, Approval Under Section 70 of the New York State Public Service Law.

    • DECLARATORY RULING ON REVIEW OF AN OWNERSHIP INTEREST TRANSFER
      (Issued and Effective December 18, 2007).

Case 06-M-0878 - Joint Petition of National Grid PLC and KeySpan Corporation for Approval of Stock Acquisition and other Regulatory Authorizations.

    • ORDER AUTHORIZING ACQUISITION SUBJECT TO CONDITIONS AND MAKING SOME REVENUE REQUIREMENT DETERMINATIONS FOR KEYSPAN ENERGY DELIVERY NEW YORK AND KEYSPAN ENERGY DELIVERY
      LONG ISLAND (Issued and Effective September 17, 2007).

Case 04-E-1364 – Sithe Energies, Inc., Dynegy New York Holdings, Inc., Exelon SGC, Inc., Exelon New England Power Marketing, L.P., RCSE LLC and ExRes SHC, Inc. – Joint Petition for a Declaratory Ruling Regarding Application of Public Service Law § 70 and § 83 to a Proposed Transfer of Indirect Ownership Interests in Sithe Energies.

    • DECLARATORY RULING ON REVIEW OF STOCK TRANSFERS
      (Issued and Effective January 14, 2005)

Case 02-E-1417 – Petition of Jamaica Bay Peaking Facility, LLC for (1) an Order Concerning Regulatory Regime; (2) a Certificate of Public Convenience and Necessity; and (3) an Order Approving Financing for its Proposed 48 Megawatt Electric Generating Facility in Far Rockaway, Borough of Queens, New York City.

    • ORDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
      (Issued and Effective December 19, 2002).

    • ORDER PROVIDING FOR LIGHTENED REGULATION AND APPROVING FINANCING
      (Issued and Effective January 23, 2003).


Case 01-M-0075 - Joint Petition of Niagara Mohawk Holdings, Inc., Niagara Mohawk Power Corporation, National Grid Group plc and National Grid USA for Approval of Merger and Stock Acquisition

    • OPINION AND ORDER AUTHORIZING MERGER AND ADOPTING RATE PLAN
      (Issued and Effective December 3, 2001).

Case 99-M-1260 – Indeck-Olean, L.P. – Petition for a Declaratory Ruling that Its Facility is not an Electric or Steam Corporation Pursuant to the Public Service Law or, in the Alternative, for a Declaratory Ruling on Regulatory Regime and Application for Certificate of Public Convenience and Necessity.

    • DECLARATORY RULING ON COGENERATION FACILITY STATUS
      (Issued and Effective November 22, 1999).

Case 99-E-1629 – Athens Generating Company, L.P. – Petition for a Declaratory Ruling that it will be Regulated Under a Lightened Regulatory Regime and for Approval to Execute a Sale-leaseback Agreement with the Greene County Industrial Development Authority

    • ORDER PROVIDING FOR LIGHTENED REGULATION
      (Issued and Effective July 12, 2000).

Case 98-E-1670 – Carr Street Generating Station, L.P. – Petition for an ORgiginal Certificate of Public Convenience and Necessity and For a Declaratory Ruling On Regulatory Regime.

    • ORDER PROVIDING FOR LIGHTENED REGULATION
      (Issued and Effective April 23, 1999).