Renewable Energy Siting

The Firm has assisted clients in obtaining State and local permits to site hundreds of megawatts of wind turbine and solar facilities, energy storage systems, and anaerobic digesters.  The Firm is representing two energy storage projects before municipal agencies, pursuant to SEQRA, to obtain special permits, site plan approvals, and variances.  We are also assisting two solar project developers with licensing strategies under Article 10 and SEQRA.  The Firm has successfully represented wind developers in the preparation, filing, and presentation of Public Service Law Section 68 applications seeking certificates of public convenience and necessity, Section 69 applications for financing approvals, and applications for lightened regulatory regimes for approximately 500 MWs of new wind turbine projects. While many of our clients' renewable energy projects have been utility-scale, the Firm is familiar with the issues involved with developing community distributed generation projects as well.

Mr. Laniado published an article on siting renewable generation under Article 10. Also, Mr. Laniado and Mr. Wolcott published an article on siting transmission lines for offshore wind facilities.

Sample of the Proceedings in Which the Firm Has Been Involved


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.

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


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 GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
      (Issued and Effective April 15, 2010).

Case 07-E-0257 – Petition of Noble Chateaugay Windpark, LLC for a Certificate of Public Convenience and Necessity and an Order Providing for Lightened Regulation.

    • ORDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND PROVIDING FOR LIGHTENED REGULATION
      (Issued and Effective November 19, 2007).

Case 06-E-0216 – Petition of Noble Altona Windpark , LLC for a Certificate of Public Convenience and Necessity and an Order Providing for Lightened Regulation.

    • ORDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND PROVIDING FOR LIGHTENED REGULATION
      (Issued and Effective November 9, 2006).

Case 06-E-0135 – Petition of Noble Bliss Windpark, LLC for a Certificate of Public Convenience and Necessity and an Order Providing for Lightened Regulation.

    • ORDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND PROVIDING FOR LIGHTENED REGULATION
      (Issued and Effective November 9, 2006).

Case 05-E-1633 – Petition of Noble Ellenburg Windpark , LLC for a Certificate of Public Convenience and Necessity and an Order Providing for Lightened Regulation.

    • ORDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND PROVIDING FOR LIGHTENED REGULATION
      (Issued and Effective November 9, 2006).

Case 05-E-1634 – Petition of Noble Clinton Windpark I, LLC for a Certificate of
Public Convenience and Necessity and an Order Providing for Lightened Regulation.

    • ORDER GRANTING A CERTIFICATE OFPUBLIC CONVENIENCE AND NECESSITY AND PROVIDING FOR LIGHTENED REGULATION
      (Issued and Effective October 19, 2006).