Co-authored by Kimberly R. Nason

Under New York State Public Service Law Section 66-j, certain remote net metered renewable energy projects, including solar energy facilities, are limited to 2 MW on a single deeded parcel in order to qualify for net metering.

The Public Service Commission (“PSC”), in its December 14, 2014 “Order Raising Net Metering Minimum Caps, Requiring Tariff Revisions, Making Other Findings, and Establishing Further Procedures” (“December Order”), addressed the 2 MW issue. In clarifying the 2 MW limitation, the PSC addressed requests from Cornell University regarding whether, under the limitation, a non-residential solar customer can collocate multiple 2 MW remote net metered projects on adjacent or contiguous parcels. Continue Reading New York State Public Service Commission Order on Remote Net Metering May Require Solar Projects to Obtain Subdivision or Lot Line Adjustment Approvals

Co-Authored By Patrick T. Fitzgerald

NoFrackZoneNYS.jpgFollowing through on Governor Andrew Cuomo’s promise, the Acting New York State Department of Health (DOH) Commissioner, Dr. Howard Zucker, released the findings of his department’s long delayed health study of hydraulic fracturing in New York State. According to Dr. Zucker, hydraulic fracturing poses serious concerns to public health and data that proves otherwise does not exist. As a result, and as others have noted, Dr. Zucker concluded that he “cannot support high volume hydraulic fracturing in the great state of New York.” Continue Reading High Volume Hydraulic Fracturing Banned in New York State

In several recent remarks, Governor Andrew Cuomo has indicated that the long-delayed health study of hydraulic fracturing by the New York State Department of Health will be released before the end of 2014.  Speaking Monday on the Capital Pressroom radio show, Cuomo referred to pending decisions on natural gas development and casinos, stating that “by the end of the year we should have positions on both that are clear and we’ll start the new year with some major decisions under our belt, so to speak.”  Likewise, last Friday, Cuomo told reporters that he expected the health study to be completed before the end of the year.  At least one media outlet has noted that Monday’s statement is the first indication that the release of the health study will come along with the state’s “final position.”  These comments, however, leave everyone guessing as to what the “final position” will be, what form the “final position” will take, and what all of this means for the pending environmental impact statement and proposed regulations, which have been on the shelf for several years.

SolarPanelPiggySmall.jpgLast week, New York State Governor Andrew M. Cuomo’s office announced the first transactions of the New York Green Bank (“NY Green Bank”).  Among those transactions is a four-megawatt solar project by BQ Energy’s Steel Sun, LLC on the former site of the Bethlehem Steel Plant in Lackawanna, N.Y.

The NY Green Bank is a financial institution that lends at market rates and is funded by ratepayer fees on utility bills that are specifically allotted towards renewable energy and energy efficiency projects in New York State. Continue Reading Phillips Lytle – Part of New York State’s First Green Bank Transactions

Our client, BQ Energy, is proposing a utility scale solar project adjacent to the existing Steel Winds wind farm on the former Bethlehem Steel plant in Lackawanna, New York.  This 4MW project will, when completed, represent one of the only utility scale combined wind/ solar projects in the world. We are assisting BQ Energy with all environmental reviews, zoning and land use matters associated with this dynamic project. Continue Reading 4MW: Utility Scale Solar Project

By Myriah V. Jaworski

On Monday, New York’s Court of Appeals, its highest court, upheld the power of municipalities to prohibit hydraulic fracturing (“fracking”) within their boundaries.

The case, previously discussed here, concerned efforts by two towns to ban fracking within their boundaries after several town residents signed oil and gas leases allowing for exploration and extraction on their land. Continue Reading Fracking Alert: Home Rule Prevails In New York’s Highest Court

By Myriah V. Jaworski

In what is considered a first step towards requiring natural gas drillers to disclose the chemical constituents of hydraulic fracturing fluids, EPA recently released an Advanced Notice of Proposed Rulemaking seeking public comment on the topic.

High volume hydraulic fracturing, or “fracking” is a method of natural gas extraction by which materials, typically water, sand and chemical additives, are injected at high pressure to fracture deep layers of shale, which allows for the release of natural gas. The natural gas is then captured and surged to the surface, along with residual flow back fluids. Continue Reading EPA To Consider Mandatory Disclosure Of Chemicals Used In Fracking Fluids

transmissionpylon.jpgNew York State’s electric industry may undergo a drastic transformation.  Recently, the New York State Public Service Commission (“Commission”) issued its Reforming the Energy Vision, NYS Department of Public Service Staff Report and Proposal (“Vision Proposal”) to remodel New York’s electric industry “for both regulated and non-regulated participants, with the objective of creating market based, sustainable products and services that drive an increasingly efficient, clean, reliable, and consumer-oriented industry.”  To accomplish these objectives, “utilities will actively manage and coordinate a wide range of distributed resources, and markets and tariffs will empower customers to reduce and optimize their energy usage and electric bills, and will stimulate innovation and new products that will further enhance customer opportunities.” Continue Reading Restructuring New York State’s Utilities

By Myriah V. Jaworski

National Ambient Air Quality Standards, or NAAQS, can be hard enough for states to attain given the sources of air pollution within their own borders.  But add cross-boundary air pollution from upwind states to the mix, and downwind states in particular are left in a real bind: despite their best efforts, these states are unable to control the upwind sources of air pollution that can contribute significantly to their own NAAQS non-attainment. Continue Reading SCOTUS Upholds EPA’s Good Neighbor Provision, To Relief of Downwind States

By Myriah V. Jaworski

fracking.jpgValves, pumps, connectors, and other component parts are the crucial joints in an industrial plant’s skeletal system. Without them, movement—or in the case of a refinery or chemical manufacturing facility, processing—would be impossible. And, just as with skeletal joints, without proper care and maintenance, normal wear and tear can cause component parts to become arthritic and leak, releasing contained gas and liquids into the environment. Leaking parts are particularly problematic to the expansion of high-volume hydraulic fracturing (HVHF), as they may undermine the greenhouse gas (GHG) reduction otherwise gained by transitioning to natural gas.

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