State Regulatory Proceedings and
Proposed Legislation

The Firm has extensive experience representing clients in various, energy-related State regulatory proceedings. In addition to siting proceedings under Articles X, 10, VII, and SEQRA, we have successfully petitioned the Public Service Commission for many certificates of public convenience and necessity pursuant to Section 68 of the Public Service Law. We have also successfully petitioned the PSC for many financing approvals pursuant to Section 69, and have obtained lightened regulation for multiple clients and projects. In addition, the Firm has successfully represented multiple clients in Section 70 petitions and proceedings. For example, we 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.

New York’s energy industry is evolving, and in some areas more rapidly than others, which is why the Firm is also involved in or familiar with ongoing major State utility and regulatory developments, initiatives, and proceedings. We have been heavily involved in New York’s Reforming the Energy Vision and Clean Energy Standard proceedings. The Firm also keeps abreast of regulatory developments at DEC that concern generation or transmission facilities.

In addition, the Firm regularly analyzes and comments 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 deeply involved in the negotiation in of Article 10, the one-stop generation siting law in New York State, and its predecessor, Article X, as well as the implementing regulations for both statutes.

Sample of Proceedings in Which the Firm Has Participated

Case 16-E-0614 – Joint Petition of AP Cricket Valley Holdings II Inc., MC CVEC Project Holdings I, LLC, Ullico Infrastructure Cricket Valley Holdco, LLC, Kiwoom SPV, Development Bank of Japan Inc. SPV, SeAH Holdings Corp., Cricket Valley Energy Holdings II LLC, Cricket Valley Energy Center LLC and Cricket Valley Energy Partners, LLC, for a Declaratory Ruling Regarding a Transfer of Ownership Interests or, in the Alternative, an Approval Pursuant to Section 70 of the Public Service Law and for a Declaratory Ruling on Jurisdiction.

    • DECLARATORY RULING ON TRANSFER TRANSACTIONS (Issued and Effective December 19, 2016).

Case 16-E-0408 – Joint Petition of Cricket Valley Energy Center, LLC, Cricket Valley Energy Holdings LLC, AP Cricket Valley Holdings II, Inc., APNA Holdings GmbH, 730 Cricket, LLC, BlackRock Financial Management, Inc. and ASG Frontier Holdings, LLC for a Declaratory Ruling Regarding Transfers of Upstream Ownership Interests or, in the Alternative, an Order Approving the Transfers Pursuant to Section 70 of the New York State Public Service Law and for a Declaratory Ruling that 730 Cricket, LLC, BlackRock Financial Management, Inc. and ASG Frontier Holdings, LLC Will Not Become an Electric Corporation.

    • DECLARATORY RULING ON TRANSFER TRANSACTIONS (Issued and Effective September 19, 2016).

Case 16-E-0201 – Petition of AP Cricket Valley Holdings I Inc.; AP Cricket Valley Holdings II Inc.; Cricket Valley Energy Center, LLC; Cricket Valley Energy Holdings, LLC for a Declaratory Ruling and Approvals Under Section 70 of the Public Service Law.

    • DECLARATORY RULING ON TRANSFER TRANSACTIONS (Issued and Effective August 2, 2016).

Case 15-E-0454 – Petition of Cricket Valley Energy Center, LLC for Order Approving Financing Pursuant to Section 69 of the Public Service Law.

    • ORDER APPROVING FINANCING (Issued and Effective November 19, 2015).

Case 11-E-0593 – Petition of Cricket Valley Energy Center, LLC for an Original Certificate of Public Convenience and Necessity and for an Order Providing for Lightened Regulation.

    • ORDER GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND ESTABLISHING LIGHTENED RATEMAKING REGULATION (Issued and Effective February 14, 2013).

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 Original 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).