Power Plant Siting

The Firm has represented major electric generation facility applicants in five Article X siting cases before the New York Board on Electric Generation Siting and the Environment totaling approximately 4,230 megawatts of proposed generating capacity.  The Firm worked with the client’s environmental, engineering, and transmission consultants to prepare the applications including coordination with all relevant regulatory agencies and shepherded applications through discovery, motion practice, hearings, briefing and settlement to their respective conclusions.

The Firm supported IPPNY in its negotiation of the reenacted Article X legislation in June 2011. We are familiar with the new provisions, how they relate to the expired provisions and how an application under the new law should be prepared and shepardized through the process.

Where Article X was not in effect, or not applicable, the State Environmental Quality Review Act usually governs.  The Firm has helped clients secure air/water/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 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).