By Benjamin E. Wisniewski, Esq.
Although the Siting Board makes the final decision to grant a Certificate of Environmental Compatibility and Public Need, most of an Article 10 proceeding is conducted before Presiding Examiners, not the Siting Board itself. The Presiding Examiners are administrative law judges from the New York State Department of Public Service and the Department of Environmental Conservation. Presiding Examiners are assigned to an Article 10 case shortly after a Preliminary Scoping Statement is filed, and remain with a case through the penultimate, trial-like adjudicatory proceedings. One of the last and most important actions taken by the Presiding Examiners is to issue a Recommended Decision to the Siting Board. The Siting Board relies heavily on the Presiding Examiners Recommended Decision when deciding whether to grant or deny a Certificate.
On May 23, 2019, the Presiding Examiners in the Application of Eight Point Wind, LLC, Case No. 15-F-0062 issued a Recommended Decision (available here).On May 24, 2019, the Presiding Examiners in the Application of Baron Winds, LLC, Case No. 15-F-0122, issued a Recommended Decision (available here). Check back to this blog soon for my analysis of some of the key recommended findings and determinations in these decisions.
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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