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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

December 14, 2023

NYS Public Service Commission Grants Empire Wind 1 a Certificate of Environmental Compatibility and Public Need

On December 14, 2023, the New York State Public Service Commission (PSC) granted Empire Wind Offshore LLC (Empire) a Certificate of Environmental Compatibility and Public Need (CECPN) under Article 7 of the Public Service Law (PSL) authorizing Empire to construct, operate, and maintain the New York portion of the transmission facilities (the Project) required to interconnect Empire’s proposed 816-megawatt Empire Wind 1 offshore wind (OSW) farm to the New York State transmission system. On November 21, 2023, the Bureau of Ocean Energy Management (BOEM) also announced the approval of the construction and operation plan for the Project.

The New York portion of the Project is comprised of four main components: 

  1. Submarine export cables from the boundary of New York State waters, three nautical miles offshore, to landfall in Brooklyn, New York; 
  2. Onshore export cables buried underground at the cable landfall in Brooklyn; 
  3. An onshore substation at the South Brooklyn Marine Terminal; and 
  4. Interconnection cables from the onshore substation to the point of interconnection. 

The CECPN is the culmination of years of development for the Project that included extensive public outreach and a thorough review of the application materials and proposed Certificate Conditions by the state agencies and intervenor parties in Empire Wind 1’s Article VII case before the PSC. Ultimately, the parties reached agreement on the Joint Proposal that the PSC adopted, finding that the Project serves the public interest, convenience and necessity, and meets the requirements of PSL § 126. 

Now, with its CECPN in hand, Empire Wind 1 can move forward with the necessary compliance and construction filings, such as the Environmental Management and Construction Plan (EM&CP). Once constructed, the Project will deliver power from the OSW farm into New York’s electrical grid, helping New York State meet the mandates of the Climate Leadership and Community Protection Act (CLCPA).

Attorneys in Barclay Damon’s Regulatory Practice Area will continue to monitor this and other developments affecting the renewable energy industry in New York State.

If you have any questions regarding the content of this alert, please contact Ekin Senlet, Regulatory Practice Area co-chair, at; Dan Krzykowski, associate, at; or another member of the firm’s Regulatory Practice Area. 

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