Serving Municipalities Across New York From Their Albany Office
Attorneys Konstantin Podolny and Kevin Brocks represent the Municipal Electric Utilities Association of New York State and the New York Municipal Power Agency. On behalf of their member municipal electric utilities, Read and Laniado, LLP files rate applications; negotiates power supply, distribution, and interconnection agreements; proposes and files pole attachment tariffs; and is involved in the interpretation and implementation of the New York Power Authority’s (“NYPA”) electric tariffs and the sale of electricity from NYPA’s hydroelectric assets, including asset relicensing by FERC.
The firm also counseled a client throughout its development of a municipal gas utility—the first new municipal gas utility in New York in over 100 years.
Read and Laniado, LLP, has also represented multiple governmental agencies in rate proceedings and other energy-related matters.
Case 13-G-0584 – Village of Hamilton Municipal Utility Commission. Order granting Certificate of Public Convenience and Necessity, authorizing Village of Hamilton to exercise franchises granted by Towns of Hamilton, Eaton, and Madison to construct distribution service lines to render gas service, issued by the Commission on April 24, 2014.
Case 22-E-0060 – Village of Groton. Order authorizing the Village of Groton to increase its annual revenues by $302,581 (30.5%), issued by the Commission on July 18, 2022.
Case 08-E-1227 – Plattsburgh Municipal Lighting Department. Order authorizing Plattsburgh Municipal Lighting Department to increase its annual electric revenues by approximately $1.0 million (5.4%), issued by the Commission on December 16, 2009.
Rates And Surcharges
Case 09-M-0311 – Brooklyn Union Gas Company d/b/a National Grid NY, KeySpan Gas East Corporation d/b/a National Grid, and Niagara Mohawk Power Corporation d/b/a National Grid (National Grid Upstate). Order denying authority to establish an alternative surcharge mechanism to collect the Temporary State Assessment, issued by the Commission October 15, 2009.
Case 06-E-1427 – Municipal-Owned Utilities. Order authorizing all municipal electric companies to file tariff amendments containing pole attachment rates at a proxy rate, issued by the Commission on May 9, 2007.
New York State Power Authority, 118 FERC ¶ 61, 206. A 50-year license, effective September 1, 2007, authorizing the New York Power Authority to operate and maintain the 2,755.5 MW Niagara Project No. 2216, located on the Niagara River, Niagara County, issued by the Federal Energy Regulatory Commission on March 15, 2007.
The Independent Energy Efficiency Program (“IEEP”), established in 2001, is a not-for-profit corporation responsible for the energy efficiency programs of New York’s municipal electric utilities. It allows the Municipal Electric Utilities Association to offer system improvement and customer incentive programs that advance the State’s clean energy goals.
These projects demonstrate the way to an energy efficient and alternative energy resource future for the customers of New York; further, the projects explore and implement technologies that provide sustainable improvements for industrial customers.
Konstantin Podolny and Kevin Brocks represent the IEEP.
Energy Efficiency Portfolio Standard
Case 07-M-0548 – Energy Efficiency Portfolio Standard. Order establishing framework for ensuring energy efficiency in the New York Energy industry, issued by the Commission on June 23, 2008.
Case 22-E-0435 – New York Municipal Power Agency. Order authorizing municipal utilities to increase their pole attachment proxy rates from $13.62 per foot of space per year to $16.75, issued by the Commission on February 1, 2023.
Case 18-E-0126 – New York Municipal Power Agency. Order granting waivers for customers taking service under Rider A of the NYMPA Generic Tariff regarding calculation of utility security deposits and acceptable forms of such deposits pursuant to 16 NYCRR §§ 13.7(b), (d), issued by the Commission on February 18, 2022.
Case 17-E-0243 – New York Municipal Power Agency. Order authorizing municipal utilities to increase their pole attachment proxy rates from $8.51 to $11.98, issued by the Commission on August 4, 2017.
Case 15-E-0050 – Consolidated Edison Company of New York, Inc. Order approving permanent amendments to electric, gas, and steam tariff schedules, issued by the Commission on March 21, 2016.
Case 29688 – Jamaica Water Supply Co., Opinion and Order Concerning Tariff Provision on Liability (June 10, 1988).
On behalf of clients, Sam Laniado has organized electric and pipeline transportation corporations with the power of eminent domain. To acquire property under the New York Eminent Domain Procedure Law (“EDPL”), he has, in concert with condemnor clients and its consultants, coordinated and conducted public hearings under the EDPL; prepared and issued determinations and findings, including required environmental reviews; and represented clients in the judicial review thereof including the successful stay of a proposed condemnation by the city of New York in 2005.
Mr. Laniado has also assisted clients under the Federal Power Act to condemn properties for federally licensed hydroelectric projects.
Eminent Domain Court Cases
In re Syracuse Univ. v. Project Orange Ass’n Serv. Corp., 71 A.D.3d 1432 (4th Dep’t 2010).
In re City of New York v. TransGas Energy Serv. Corp., 34 A.D.3d 466 (2d Dep’t 2006).
In re Bushwick Inlet Phase 1, No. 22246/05 (N.Y. Sup. Ct. Dec. 14, 2005).
Rivers Elec. Co., Inc. v. 4.6 Acres of Land, 731 F. Supp. 83 (N.D.N.Y. 1990).