Experienced Knowledge For Renewable Energy Facility Siting
Read and Laniado, LLP, supports developers seeking to site utility-scale renewable energy projects, including solar, wind, and energy storage facilities. With respect to renewable energy production facilities, such as solar and wind, in April 2020, New York state enacted the Accelerated Renewable Energy Growth and Community Benefit Act, which established the Office of Renewable Energy Siting (“ORES”) to replace the Article 10 siting process for renewable energy generating facilities. ORES is now responsible for providing siting permits under Executive Law Section 94-c for the construction or expansion of renewable energy projects that are 25 MW or higher, and projects 20 MW or higher that opt into the Section 94-c siting process. Renewable energy projects that were engaged in the siting process under Article 10 of the Public Service Law (“PSL”) could either complete the process under Article 10 or transfer to the Section 94-c process.
The firm has and is shepherding multiple wind and solar renewable energy projects through the Article 10 and Section 94-c review processes. Approvals have been secured for 10 energy projects, including two energy storage facilities under the State Environmental Quality Review Act (“SEQRA”).
Under Article X, the predecessor siting statute to Article10, the firm represented five major electric generation facility applicants, totaling approximately 4,230 MW of proposed generating capacity.
For energy facilities smaller than 25 MWs, where either Article 10 or Section 94-c is not applicable, SEQRA governs the power plant siting process, typically at the municipal governmental level, with certain other state approvals required. For these smaller projects, the firm has helped clients secure permits from the New York Department of Environmental Conservation, PSL Sections 68, 69, and 70 approvals from the New York Public Service Commission, and local zoning, site plan, special permit, and other municipal approvals.
In this regard, the firm helped clients secure municipal and State approvals under SEQRA for two energy storage facilities in East Hampton and Montauk, New York.
Through Read and Laniado, LLP’s representation of developers seeking to build or purchase power plants and electric or gas transmission lines, the firm has worked with New York City permitting requirements and their overlap with other laws, such as SEQRA, the City Environmental Quality Review (“CEQR”), and the Uniform Land Use Review Procedure.
Read and Laniado, LLP, has also acted as New York state and local permitting counsel on the acquisition of the Astoria Generating complex in New York City.
Approvals Issued
Energy Storage Facilities
East Hampton Energy Storage Center. A 5 MW, 8-hour energy storage facility built and operating in East Hampton, Long Island, approved by the East Hampton Town Planning Board on April 5, 2017.
Montauk Energy Storage Center. A 5 MW, 8-hour energy storage facility built and operating in Montauk, Long Island, approved by the East Hampton Town Planning Board on March 14, 2018.
Section 94-c
Matter No. 21-01069 – Watkins Glen Solar Energy Center, LLC. A 50 MW solar facility proposed in the Town of Dix, Schuyler County, permitted by ORES on January 3, 2022.
Article 10
Case 20-F-0043 – Garnet Energy Center, LLC. A 200 MW solar facility proposed in the Town of Conquest, Cayuga County, approved by the Siting Board on October 28, 2022.
Case 19-F-0299 – Excelsior Energy Center, LLC. A 280 MW solar facility, including a 20 MW/4-hour duration energy storage system, proposed in the Town of Byron, Genessee County, approved by the Siting Board on April 6, 2022.
Case 19-F-0366 – Trelina Solar Energy Center, LLC. An 80 MW solar facility proposed in the Town of Waterloo, Seneca County, approved by the Siting Board on November 30, 2021.
Case 17-F-0619 – Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene County 3 LLC. A 50 MW solar facility proposed in the Town of Coxsackie, Greene County, approved by the Siting Board on September 28, 2021.
Case 17-F-0597 – High River Energy Center, LLC. A 90 MW solar facility proposed in the Town of Florida, Montgomery County, approved by the Siting Board on March 11, 2021.
Case 17-F-0617 – Hecate Energy Albany 1 LLC and Hecate Energy Albany 2 LLC. A 40 MW solar facility proposed in the Town of Coeymans, Albany County, approved by the Siting Board on January 7, 2021.
Case 17-F-0599 – East Point Energy Center, LLC. A 50 MW solar facility proposed in the Town of Sharon, Schoharie County, approved by the Siting Board on January 7, 2021.
Case 16-F-0062 – Eight Point Wind, LLC. An 101.8 MW wind facility in the Towns of Greenwood and West Union, Steuben County, approved by the Siting Board on August 20, 2019.
Article X
Case 97-F-2162 – PSEG Power New York, Inc. A 750 MW natural gas-fired combined cycle combustion turbine facility in the Town of Bethlehem, Albany County, approved by the Siting Board on February 28, 2002.
Case 99-F-0558 – Heritage Power LLC. An 800 MW natural gas-fired combined cycle combustion turbine facility in the Town of Scriba, Oswego County, approved by the Siting Board on January 19, 2001.
Case 97-F-1563 – Athens Generating Company, L.P. A 1,080 MW natural gas-fired combined cycle combustion turbine facility in the Town of Athens, Greene County, approved by the Siting Board on June 15, 2000.
Related Obtained Rulings
Case 17-F-0597 – High River Energy Center, LLC. Order determining that neither Article 10 nor its implementing regulations require that impact on property values be examined in the application, issued by One Commissioner Order on April 3, 2020, and confirmed June 30, 2020.
Case 17-F-0451 – NRG Astoria Power LLC. Declaratory ruling that the replacement of existing generating units is exempt from review under Article 10 of the Public Service Law, issued by the Siting Board on June 12, 2019.
Case 16-F-0289 – Ball Hill Wind Energy, LLC. Declaratory ruling that the project was exempt from review under Article 10 of the Public Service Law because a siting application was made to the Town of Villenova before the implementation date of Article 10, issued by the Siting Board on December 20, 2016.
Case 99-M-1260 – Indeck-Olean, L.P. Declaratory ruling that facility was a cogeneration project, as opposed to an electric or steam corporation, issued by the Siting Board on November 22, 1999.
Related Treatises
Read and Laniado, LLP annually updates energy facility siting chapters for environmental impact treatises. These treatises provide a comprehensive review of the history of power plant siting regimes in New York and explores current siting practices for both renewable and natural gas facilities. These chapters include: Chapter 15, Energy: Siting and Environmental Impact Review of Electric and Natural Gas Facilities, of the Thomson Reuters New York Environmental Law and Regulation treatise; and Chapter 8B, Siting & Environmental Impact Review of Electric & Natural Gas Facilities, of the LexisNexis Environmental Impact Review in New York treatise.
Contact Read and Laniado, LLP
To arrange a consultation with the Albany office of Read and Laniado, LLP, call 518-465-9313, or contact the firm online.