Power, Energy and Transmission

Overview

Attorneys

Representative Matters

 

Power, Energy and Transmission

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 and James Muscato, Robert Panasci, and Douglas Ward .

The following Young/Sommer attorneys represent clients in this practice area.

James A. Muscato IIJames 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. WardDouglas 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.

 

Robert A. PanasciRobert A. Panasci

Robert A. Panasci is a partner with Young/Sommer LLC and has been practicing real property law, municipal law, environmental law and special education law since 2002. His legal practice includes representation of corporate and individual clients in all aspects of real estate matters.

 

Laura K. BomyeaLaura K. Bomyea

Laura Bomyea received her J.D. from Albany Law School, and her Bachelor’s degree in Philosophy, with a concentration in Literature, from Bard College.  She spent… Read More

 

E. Hyde ClarkeE. Hyde Clarke

E. Hyde Clarke joined Young/Sommer after receiving his J.D. from Albany Law School in May 2014. He received a Bachelor’s Degree in Political Science from… Read More

 

Case 02-E-0362, Flat Rock Wind Power LLC, Order Granting a Certificate of Public Convenience and Necessity and Providing for Lightened Regulation (Section 68) (issued June 17, 2004)

Case 04-E-0643, Flat Rock Wind Power LLC, Order Providing for Lightened Regulation (Section 68) (issued December 20, 2004) (Light Regulation Orders)

The firm represented Petitioner in a proceeding at the Public Service Commission seeking a declaratory ruling that the transfer of certain ownership interests should not… Read More

Case 07-E-0343, Marble River, LLC, Order Granting Amendment to Certificate of Public Convenience and Necessity (Section 68) (issued June 21, 2011)

Case 07-E-0462, Horizon Wind Energy LLC, Declaratory Ruling on Review of Transfer Transactions (Section 70) (issued June 26, 2007)

The firm represented Petitioners in a proceeding at the Public Service Commission seeking a Declaratory Ruling with regards to the application of Public Service law… Read More

Case 07-E-0888, Iberdrola Energias Renovables SAU, Declaratory Ruling on Review of an Intra-Corporate and Stock Issuance Transaction (Section 70) (issued September 20, 2007)

The firm represented the Petitioner seeking a declaratory ruling for an intra-corporate and stock issuance transaction. The transaction involved the Petitioner’s obtaining an indirect ownership… Read More

Case 07-E-1343, Marble River, LLC, Order Granting Certificate of Public Convenience and Necessity and Providing for Lightened Regulation (Section 68) (issued June 19, 2008)

Concerned Citizens of Cattaraugus County, Inc. v. Town of Allegany Planning Bd., et al., Sup Ct, Cattaraugus County, 2011, Index No. 79455

The firm represented the Respondents in an Article 78 proceeding involving the proposed construction of a 29 unit wind farm. The Plaintiffs’ challenged the Planning… Read More

Town of Henderson Town Bd. v. Town of Hounsfield Planning Bd., et al., Sup Ct, Jefferson County 2010, Index No. 2010-0336

In an Article 78 proceeding, the firm represented the Applicant for a proposed 82 turbine wind farm project in the Town. Petitioner sought to reverse,… Read More