Comprehensive Understanding Of State Regulatory Compliance
In 2016, the New York State Public Service Commission adopted its Clean Energy Standard (“CES”), which was later updated to reflect the Climate Leadership and Community Protection Act (“CLCPA”). Under the CES, New York plans to procure 70% of its electricity needs from renewable resources by 2030 and a zero-emission energy sector by 2040. To meet this goal, load-serving entities are required to satisfy increasing proportions of their loads with renewable resources.
Read and Laniado, LLP, has been involved in the development of the CES since its beginning, keeping multiple clients informed on the matter. In addition, our attorneys have presented on the CES and its related Clean Energy Fund on multiple panels. The firm is also assisting its load-serving entity clients with CES compliance and advising renewable project developers on its implementation—in particular, procurements to be issued by NYSERDA or other governmental authorities and the siting of projects under Executive Law Section 94-c, Article 10, or SEQRA.
Public Service Law Sections 68, 69, 70 Petitions
Read and Laniado, LLP, has extensive experience representing clients in various, energy-related New York State regulatory proceedings. The firm has successfully petitioned the Public Service Commission for many certificates of public convenience and necessity pursuant to Section 68 of the Public Service Law. The firm has also successfully petitioned the PSC for many financing approvals pursuant to Section 69 and obtained lightened regulation for multiple clients and projects. In addition, the firm has successfully represented multiple clients in Section 70 petitions and proceedings.
Read and Laniado, LLP, also 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. In addition, the firm has filed petitions for a variety of generation asset acquisitions and mergers, including Constellation’s acquisition of the Nine Mile Point Nuclear Generating Stations.
Approved Petitions
Section 70
Case 22-E-0688 – Eight Point Wind, LLC. One Commissioner Declaratory Ruling that no further review under PSL § 70 was required related to the proposed transfer of certain interconnection facilities and related assets from Eight Point Wind to New York State Electric & Gas Corporation, issued by the Commission on December 28, 2022, with Confirming Order issued on January 23, 2023.
Case 22-E-0663 – Eight Point Wind, LLC. Declaratory Ruling that no further review under PSL § 70 was required for an upstream transfer of ownership interests, issued by the Commission on January 20, 2023.
Case 22-E-0539 – Eight Point Wind, LLC. Declaratory Ruling that no further review under PSL § 70 was required for an upstream transfer of ownership interests, issued by the Commission on November 21, 2022.
Case 22-E-0535 – Astoria Gas Turbine Power and Beacon Wind Land LLC. Order authorizing a proposed sale and lease back of real estate and other property related to the 558 MW fuel oil/natural gas combustion turbine Astoria Generating Station, issued by the Commission on December 29, 2022.
Case 21-M-0238 – Fortistar North Tonawanda Inc. and Digihost International Inc. Declaratory Ruling that no further review under PSL § 70 was required for an upstream transfer of ownership interests, issued by the Commission on September 15, 2022.
Case 21-E-0196 – Generation Bridge Acquisition, LLC and NRG Energy, Inc. Order that no further review under PSL § 70 was required for an upstream transfer of ownership interests, issued by the Commission on November 22, 2021.
Case 20-M-0602 – Vanguard Group, Inc. Order authorizing acquisition of stocks pursuant to PSL §§ 70, 83, 89-h, 100, and 222, issued by the Commission on November 22, 2021.
Case 21-M-0241 – Lockport Energy Associates, L.P. Declaratory Ruling that no further review under PSL § 70 was required for an upstream transfer of ownership interests, issued by the Commission on July 16, 2021.
Case 18-E-0023 – Lockport Energy Associates, L.P. and Castleton Power, LLC. Order that no further review under PSL §§ 70, 83 for transfers of indirect, upstream interests in a 200 MW cogeneration facility in Lockport, New York, or for intra-corporate restructuring, issued by the Commission on April 19, 2018.
Case 16-E-0614 – AP Cricket Valley Holdings II Inc. Declaratory Ruling that no further review under PSL § 70 was required with respect to proposed transactions or intra-corporate reorganization, issued by the Commission on December 19, 2016.
Case 16-E-0408 – Cricket Valley Energy Center, LLC. Declaratory Ruling that no further review under PSL § 70 was required with respect to proposed transactions, additional transfers, or intra-corporate reorganization, issued by the Commission on September 19, 2016.
Case 16-E-0201 – AP Cricket Valley Holdings I Inc. Declaratory Ruling that no further review under PSL § 70 was required with respect to proposed transactions, issued by the Commission on August 2, 2016.
Case 07-E-1283 – Noble Clinton Windpark I, LLC. Declaratory Ruling that no further review under PSL § 70 was required with respect to transfer of membership interests to an upstream owner, issued by the Commission on December 18, 2007.
Case 06-M-0878 – National Grid PLC. Order approving acquisition of KeySpan Corporation and its affiliates by National Grid plc, issued by the Commission on September 17, 2007.
Case 04-E-1364 – Sithe Energies, Inc. Declaratory Ruling that no further review under PSL § 70 was required with respect to an upstream stock transfer, issued by the Commission on January 14, 2005.
Case 01-M-0075 – Niagara Mohawk Holdings, Inc. Order authorizing merger of Niagara Mohawk Power Corporation into utility holding company system of National Grid Group plc, issued by the Commission on December 3, 2001.
Section 69
Case 21-E-0196, Generation Bridge Acquisition, LLC and NRG Energy, Inc. Order authorizing Oswego Harbor Power, LLC and Arthur Kill Power, LLC to enter into financing arrangements in an amount up to $700 million, issued by the Commission on April 5, 2021.
Case 18-E-0023, Lockport Energy Associates, L.P. and Castleton Power, LLC. Order authorizing petitioners to enter into financing arrangements in an amount up to $200 million, issued by the Commission on April 19, 2018.
Case 15-E-0454 – Cricket Valley Energy Center, LLC. Order authorizing Cricket Valley Energy Center, LLC to enter into debt instruments in an amount up to $1.5 billion, issued by the Commission on November 19, 2015.
Case 08-E-0231 – Noble Altona Windpark, LLC. Order authorizing Noble Altona Windpark, LLC; Noble Wethersfield Windpark, LLC; Noble Chateaugay Windpark, LLC; and Noble Bellmont Windpark, LLC, to obtain financing on an emergency basis in an amount up to $1.475 billion, issued by the Commission on March 24, 2008.
Case 02-E-1417 – Jamaica Bay Peaking Facility, LLC. Order authorizing Jamaica Bay Peaking Facility, LLC, to obtain financing in an amount up to $50 million, issued by the Commission on January 23, 2003.
Section 68
Case 21-E-0160 – Eight Point Wind, LLC. Order granting a Certificate of Environmental Compatibility and Public Necessity under PSL § 68 to exercise certain rights and privileges under municipal consents, issued by the Commission on December 21, 2021.
Case 11-E-0593 – Cricket Valley Energy Center, LLC. A 1,000 MW, combined cycle, natural gas-powered electric facility on an inactive industrial site in the Town of Dover, Dutchess County, approved by the Commission on February 14, 2013.
Case 10-E-0042 – AES ES Westover, LLC. A 20 MW energy storage system proposed in the Town of Union, Broome County, approved by the Commission on April 15, 2010.
Case 02-E-1417 – Jamaica Bay Peaking Facility, LLC. A 48 MW duel-fueled electric facility proposed in Far Rockaway, Queens, approved by the Commission December 19, 2002.
Case 99-E-1629 – Athens Generating Company, L.P. Order providing for lightened regulation of a 1,080 MW combined-cycle electric generating facility in Athens, New York, issued by the Commission on July 12, 2000.
Case 98-E-1670 – Carr Street Generating Station, L.P. Order providing for lightened regulation of a 101 MW natural gas-fired cogeneration facility in East Syracuse, Onondaga County, issued by the Commission on April 23, 1999.
Seek Clear Guidance And Effective Solutions
For over 40 years, Read and Laniado, LLP, has advised clients on changes to New York’s energy requirements from the heart of the state’s bureaucratic network. To arrange a consultation with the Albany office of Read and Laniado, LLP, call 518-465-9313, or contact the firm online.