Overview
Attorneys
Representative Matters
Power, Energy and Transmission Law includes:
- Climate Change
- Conventional Generation, Hydroelectric Power Alternative Energy and Renewables
- Electric Power
- Environmental Review
- Natural Gas Contracts, Transmission, and Distribution
- Pipeline Regulation
- Permitting
- Power Sales Contracts
- Project Development
- Ratemaking and Proceedings Before the PSC under PSL 68, 69 and 70
Overview
Young/Sommer offers extensive experience and high-level contacts in New York State government concerning emerging markets for electric power services and transmission planning. We provide comprehensive regulatory, compliance, and litigation services to the electricity, oil and gas, and renewable and alternative energy industries. Our clients include electric generation, transmission, and distribution companies, oil and gas pipeline companies, oil storage and refiners, and large industrial consumers.
The firm represents clients in power plant siting and development, including Article X proceedings, generator/transmission interconnection agreements, pipeline projects, New York Independent Systems Operator (ISO) procedures, power purchase agreements, clean energy fund applications, extensive representation before the New York Public Service Commission (NYPSC), lobbying in the New York State Legislature in electric sector issues, energy efficiency incentives, distribution utility relations, and green power marketing.
Industry Advocacy
The firm is also involved with policy and market issues associated with renewable energy development in New York. Members of the firm have worked with the New York State Legislature on a wide range of issues including electric utility legislation governing generator tax credits, standby rates, funding for renewable energy development, energy efficiency issues, and rules governing on-site generation.
The firm represents clients in biomass energy development and regulatory matters, including issues involving environmental quality review and municipal law. The firm can also offer assistance with policy issues concerning environmental facility permitting and environmental impact review under the New York State Environmental Quality Review Act (SEQRA), municipal law experience in relation to environmental impacts/benefits of development, and can help build partnerships with regional development agencies.
Public Service Commission (PSC)
Over the last decade, Young/Sommer has represented many clients in proceedings before the New York Public Service Commission, a period which included the move from traditional cost-based electric utility regulation toward competitive wholesale and retail electric markets. Young/Sommer has been at the fore-front of developing Commission policy relating to wholesale energy markets. The firm has been involved in proceedings under Section 68, 69 and 70 of the Public Service Law and has established Public Service Commission precedent relating to lightened regulation of wholesale generators and upstream corporate transfers.
New York ISO
Members of the firm also participated in the formation of the New York ISO, key utility merger proceedings, and a variety of cases involving the gradual evolution of competitive retail markets. The firm’s successes include major modifications to the Independent System Operator tariff, the creation of the Public Benefits Fund, participation in the negotiation of the State Renewable Portfolio Standard, successful applications at FERC for exempt wholesale generator and market-based rate determinations, and negotiation of distribution interconnection agreements.
The firm’s Power, Energy and Transmission Law practice group includes Douglas Ward and James Muscato.
The following Young/Sommer attorneys represent clients in this practice area.
James A. Muscato II
Jim Muscato is a partner and his practice focuses on environmental and energy law and litigation. Jim assists clients in environmental permitting, State Environmental Quality Review Act issues, alternative energy project development, pollution cleanup and litigation.
Douglas H. Ward
Douglas H. Ward has extensive federal and state civil practice experience at both the trial and appellate levels. As an Assistant Attorney General from 1984 to 1995, he served as either the lead attorney or the supervising attorney in hundreds of environmental cases, including air, water, wetlands regulation and the State Environmental Quality Review Act.

