Practice Areas

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, led by Senior Associate Benjamin E. Wisniewski, Esq., focusses 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 indivuals, 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 request, 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 for Construction of the Deer River Wind Energy Project in Lewis and Jefferson Counties;

-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;  and

-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.

 

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 Benjamin E. Wisniewski, Esq. for a free consultation. You can also find useful information on the Department of Public Services Article 10 Website, available here or download the following materials:

  1. Overview of Article 10 (excerpt from Article 10 of the New York State Public Service Law and the Concept of Home Rule, updated Jan. 24 2019)