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Article 10

Article 10 of the Public Service Law

Representing Parties and Intervenors in the Article 10 Process
The Zoghlin Group’s Article 10 Practice Group focuses on helping individuals, interest groups, and towns participating in power plant siting proceedings under Article 10 of the New York State Public Service Law.

Whether you support a proposed project in your community, or whether you have serious concerns about potential impacts, The Zoghlin Group will help you navigate the complicated Article 10 administrative process.

Specific Article 10 Services to Parties and Intervenors:
The Zoghlin Group provides comprehensive representation to parties seeking to participate in an Article 10 Proceeding. Our services include:

  • Guidance to towns or other municipalities with questions about the Article 10 process, and the relationship between Article 10 and Home Rule;
  • Guidance to public interest groups with concerns about project impacts;
  • Guidance to individuals or businesses who have concerns about impacts on their property;
  • Guidance to developers on how to promote meaningful public participation and address community concerns;
  • Full representation of individuals, interest groups and towns in the Article 10 process;
  • Local party status requests;
  • Intervenor fund requests;
  • Assistance during stipulation and application scoping phase of Article 10 (the pre-application phase, also knowns as the stipulation phase);
  • Assistance with identification and retention of subject matter experts;
  • Assistance in drafting motions, information requests, testimony, and briefs;
  • Representation during cross-examination hearings;
  • Settlement negotiations with developers and other State Agencies.

The Zoghlin Group also advises towns regarding local wind and solar laws, and the scope of Article 10’s preemption of local laws.

Experience:
The Zoghlin Group and its attorneys have participated, or are currently participating, in the following Article 10 Proceedings:

  • Application of Lighthouse Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a 201 MW Wind Energy Facility;
  • Horse Creek Wind Farm, LLC, Petition for a Certificate of Environmental Compatibility and Public Need Pursuant to PSL Article 10 for a Major Energy Generating Facility;
  • Application of Atlantic Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of the Deer River Wind Energy Project in Lewis and Jefferson Counties;
  • Application of Canisteo Wind Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of a Wind Energy Project in Steuben County;
  • Application of Eight Point Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy Project;
  • Application of Baron Winds, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy Facility;
  • Application of Atlantic Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for the Mad River Wind Farm Project in the Towns of Redfield and Worth in Oswego and Jefferson Counties;
  • Application of Number Three Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of a Wind Project Located in Lewis County;
  • Application of Heritage Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for a Wind Energy Generating Facility in the Town of Barre, Orleans County, NY;
  • Application of Franklin Solar, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility Located in the Town of Malone, Franklin County.
  • Application of Horseshoe Solar Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of Horseshoe Solar Farm, a 180 MW Solar Electric Generating Facility Located in the Town of Caledonia, Livingston County and the Town of Rush, Monroe County.
  • Application of Bear Ridge Solar, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility in the Towns of Cambria and Pendleton, Niagara County.
  • Application of High Bridge Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct an Approximately 100 MW Wind Powered Electric Generating Facility Located in the Town of Guilford, Chenango County.
  • Application of Bluestone Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of the Bluestone Wind Farm Project Located in the Towns of Windsor and Sanford, Broome County.
  • Application of Excelsior Energy Center, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility in the Town of Byron, Genesee County.
  • Application of Bull Run Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy Project.
  • Application of Alle-Catt Wind Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for a Proposed Wind Energy Project, Located in Allegany, Cattaraugus, and Wyoming Counties, New York, in the Towns of Arcade, Centerville, Farmersville, Freedom, and Rushford.
  • Application of Boralex, Inc. for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct the Approximately 120-Megawatt Greens Corners Solar Facility Proposed in the Towns of Hounsfield and Watertown, Jefferson County.
  • Application of Hecate Energy Columbia County 1, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility Located in the Town of Copake, Columbia County.
  • Application of EDF Renewables for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of the Genesee Road Solar Energy Center in the Towns of Sardinia and Concord, Erie County.
  • Application of ConnectGen LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct the South Ripley Solar Project of 270-MW Solar Powered Electric Generating Facility, Located in the Town of Ripley, Chautauqua County.
  • Application of Garnet Energy Center, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct and Operate a Solar Generating Facility and Energy Storage System in the Town of Conquest, Cayuga County.

Additional Information About Article 10:

If you have questions about Article 10, the status of a particular project, or how you can participate, please do not hesitate to contact The Zoghlin Group for a free consultation. You can also find useful information on the Department of Public Services Article 10 Website, available here.

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