Earlier Adjudication Phase Procedural Teleconference Will Improve Public Participation in Article 10 Cases

By Benjamin E. Wisniewski, Esq.

On February 26, 2019, a novel procedural teleconference was held in the matter of Canisteo Wind Energy LLC. Canisteo Wind is a nearly 300 megawatt wind project proposed for Steuben County, New York. The DMM website for the case is available here.

The procedural teleconference was a first-of-its-kind in any Article 10 proceeding, and signaled an attempt by Presiding Examiners to address issues related to party status, intervenor funding, and scheduling earlier in the year-long Article 10 adjudication. Moving forward, this firm hopes that all Article 10 cases incorporate an initial teleconference similar to the conference held in Canisteo Wind.

In the future, the process would be further improved if intervenor awards were made verbally during the initial teleconference. By issuing an earlier ruling on party status and intervenor funding, intervenor parties would have additional time to review technical application documents with their attorneys and experts. This would help intervenors crystalize their concerns into litigable (and potentially resolvable) issues.

For inquiries about the process for siting large power plants pursuant to Article 10 of the New York State Public Service Law, please contact Benjamin E. Wisniewski. The Zoghlin Group represents individuals, public interest groups, and municipalities in Article 10 proceedings throughout New York State.

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