On February 12, 2026, the New York State Public Service Commission (PSC) voted to approve the final version of the Article VIII Rules and Regulations 6 NYCRR 1100 et al., (Article VIII) for the siting of major electric transmission facilities and major renewable energy generation facilities under the purview of the Department of Public Service’s (DPS) Office of Renewable Energy Siting and Electric Transmission (ORES).
As discussed in our previous client alert, the Article VIII regulations have been subject to two rounds of public comments and revisions by ORES, extending over a two-year period since the adoption of the Renewable Action Through Project Interconnection and Deployment (RAPID) Act. The revisions made following the second round of comments, and now reflected in the final regulations, were focused on the following topics:
- Pre-application procedures
- Alternative route scoping procedures for electric transmission
- Procedures for electric transmission located substantially within existing electric transmission rights-of-way
- Increased stakeholder engagement
- Revised noise standards for both renewable generation and electric transmission facilities
The final regulations can be found on the DPS’s website under case number 24-M-0433. Barclay Damon’s Regulatory Practice Area attorneys will be reviewing them in detail and are available to answer any questions that may arise.
If you have any questions regarding the content of this alert, please contact Brenda Colella, Regulatory Practice Group leader and Regulatory Practice Area co-chair, at bcolella@barclaydamon.com; Ekin Senlet, Regulatory Practice Area co-chair, at esenlet@barclaydamon.com; Emma Marshall, associate, at emarshall@barclaydamon.com; or another member of the firm’s Regulatory Practice Area.