On January 13, 2026, NYS Governor Kathy Hochul delivered her State of the State address announcing a “Let Them Build” agenda aimed at expediting infrastructure projects, spurring development, and doubling down on earlier commitments with respect to nuclear energy generation. As part of that agenda, Governor Hochul directed the Public Service Commission (PSC) to establish a program to support development of 4 gigawatts (GW) of additional nuclear electric generation capacity. A central driver of this agenda is the state’s rapidly increasing electricity demand from power-intensive data centers and advanced manufacturing facilities, which require reliable, around-the-clock energy supply.
Governor Hochul previously directed the New York Power Authority (NYPA) in June 2025 to develop at least 1 GW of nuclear generation capacity in Upstate New York. On October 30, 2025, NYPA issued two Requests for Information (RFIs), first to seek input from upstate communities willing to host a new nuclear facility, and second to attract private developers and consultants with experience in nuclear-facility construction and operation. Responses to the RFIs were due December 11, 2025, and NYPA’s evaluation is currently ongoing.
Following the closure of Indian Point Energy Center in 2021, New York State maintains three active nuclear facilities, all in Upstate New York: the James A. Fitzpatrick Nuclear Power Plant, the Ginna Power Plant, and the Nine Mile Point (1 and 2) Nuclear Generating Station. Together, these facilities produce roughly 21 percent of the state’s electricity, and nuclear represents roughly 41 percent of the state’s zero-emissions generation capacity. NYPA is targeting 2033 for commencement of construction of a new nuclear facility; once developed, NYPA’s future facility would mark the first nuclear plant constructed within the state since Nine Mile Point 2 was commissioned in 1988.
Under the Climate Leadership and Community Protection Act (CLCPA), New York is obligated to transition to a 100 percent zero-emission electrical system by 2040. While the CLCPA does not dictate a nuclear-specific capacity goal, Governor Hochul’s 5 GW target aligns with the 2040 mandate. New York and other states have pivoted to nuclear power as a solution to the enhancement of emissions-free baseload generation and general intermittency concerns associated with renewable generation.
The PSC will open a dedicated proceeding on its case-docketing website, known as the Document Matter Management (DMM) system, to facilitate and track implementation of this directive. The proceeding is expected to focus on addressing rapidly growing electricity demand while also confronting concerns related to electric-system reliability and long-term ratepayer affordability. Barclay Damon will closely monitor this proceeding, along with related regulatory and policy developments, and will provide updates as the framework for New York State’s nuclear and other reliable generation resources continues to take shape.
If you have any questions regarding the content of this alert, please contact Ekin Senlet, Nuclear Energy Team co-leader, at esenlet@barclaydamon.com; Matt Moses, Nuclear Energy Team co-leader, at mmoses@barclaydamon.com; David Solimeno, associate, at dsolimeno@barclaydamon.com; or another member of the firm’s Nuclear Energy Team or Energy Practice Area.