< Back to News & Articles

Cassadaga Wind Article 10 Application First Deemed Complete

Cassadaga Wind’s Application is the first to be deemed “complete” by the New York Siting Board under Public Service Law Section 164 since the enactment of the “new” Article 10 in 2011. The Cassadaga Wind Project is an approximately 126 MW wind powered electric generating facility sponsored by Pittsburgh, PA based EverPower Wind Holdings and is proposed to be located in the Towns of Arkwright, Stockton, Cherry Creek and Charlotte, Chautauqua County, New York. EverPower is the owner of the operating Howard Wind Project in Steuben County, New York and is currently also sponsoring the Baron Wind Project, an approximately 300 MW wind powered electric generating facility proposed to also be located in Steuben County, New York. Doug Ward and Jim Muscato have served as counsel for EverPower’s operating Howard project and both the proposed Cassadaga and Baron Winds facilities in New York.

Cassadaga Wind initiated the Article 10 process in November 2014 with the filing of its Public Involvement Program plan for the Facility. The Application was submitted on May 27, 2016 after an approximately 8-month pre-application scoping process which included the filing of a Preliminary Scoping Statement and negotiated stipulations with various state agencies and local municipal parties regarding the scope of the studies and information to be included in the Application. The Application was deemed “complete” on November 28, 2016. As a result of deeming the Application complete, the Siting Board has one year to issue a certificate permitting the construction and operation of the Facility. This represents a significant milestone for EverPower and the Project and is an important milestone under New York’s Article 10 siting process.

EverPower was assisted in the Article 10 process by Young/Sommer, Jim Muscato and Jessica Klami, counsel of record, and its lead consultant Environmental Design and Research (“EDR”) who managed and prepared the Article 10 Application and supplemental filings.