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Office of Renewable Energy Siting Proceedings, Article 94-c

Representing Governments, Local Agencies, and the Public in ORES Article 94-c Proceedings

The Zoghlin Group’s Office of Renewable Energy Siting (ORES) Practice Group focuses on helping local governments, local agencies, individuals, and interest groups participate in power plant siting proceedings under Article 94-c of the New York State Executive 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 new and complicated Article 94-c administrative process by which the newly created Office of Renewable Energy Siting (“ORES”) will review and approve permits for large scale renewable energy facilities.

Specific Article 94-c Services:

The Zoghlin Group provides comprehensive representation to parties seeking to participate in an Article 94-c Proceedings. Our services include:

  • Guidance to towns or other municipalities with questions about the Article 94-c process;
  • Review of whether proposed projects are in compliance with local laws;
  • Assistance with PILOT and HCA negotiations;
  • 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 in the Article 94-c process;
  • Assistance in identifying and framing substantive and significant issues of concern requiring adjudication by an ORES administrative law judge;
  • Party status requests;
  • Local Agency Fund requests (these funds are similar to the Intervenor Funds available under the Article 10 process);
  • 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 94-c’s preemption of local laws.

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