Alternative Energy

NY Office of Renewable Energy Siting Issues Draft Regulations to Facilitate Swift Development of Large-Scale Renewable Energy Projects

On September 16, 2020, the newly formed Office of Renewable Energy Siting (“ORES”) issued draft regulations intended to streamline permitting and development of large-scale renewable energy projects in New York State.  The draft regulations, which are now available for public comment, reflect New York’s ongoing effort to achieve the Climate Leadership and Community Protection Act’s…

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New FERC Order No. 872 Likely to Increase Regulatory Burden on Small Renewable Energy Facilities

The Federal Energy Regulatory Commission recently issued Final Order No. 872, implementing sweeping changes to the regulations that implement the Public Regulatory Policies Act of 1978, also known as PURPA.  Although the Commission described the changes as a move to “modernize the Commission’s interpretation of PURPA,” the new regulations will likely pose significant challenges for…

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Public Service Commission Petitioned by NYSERDA To Fund Build-Ready Program

On June 5, 2020, the New York State Energy Research and Development Authority (NYSERDA) petitioned the New York Public Service Commission (PSC) for approval and funding of NYSERDA’s proposed Build-Ready Program, a program that would advance large-scale renewable energy projects by identifying sites that are consistent with New York’s standards and are made build-ready for…

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New York Solar Projects Face Compliance Challenges In Restarting Construction

All regions of New York State other than New York City have re-opened to construction activities, including residential and commercial solar energy projects.  While there are no specific guidelines for solar construction, the State has published detailed guidelines for all construction projects (the “Guidance”).  Projects must affirm their compliance with all State guidelines and post…

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Public Service Commission Issues Two Orders in Furtherance of Renewable Energy Growth

On May 14, 2020 the New York State Public Service Commission (PSC) issued two orders designed to further State goals of rapidly expanding renewable energy development.  One, issued in Case No. 20-E-0197, is a preliminary order directing utilities and the Department of Public Service (DPS) to lay the transmission and distribution planning groundwork for achieving…

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New Presidential Executive Order Restricts Purchase of Bulk-Power System Equipment

On May 1st, President Trump issued an Executive Order on Securing the US Bulk-Power System.  The Executive Order prohibits certain transactions involving bulk-power system electric equipment and may have important consequences for renewable energy developers.  It also establishes a task force to address national security issues in energy-related procurement by federal agencies and in the…

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