Agenda

Webinar instructions will be emailed before the date of the webinar.

Please log into the webinar 15 – 30 minutes before the start time.

Tuesday, March 5, 2024 
8:30 am – 3:30 pm EST

 

New York State Public Service Commission (PSC) Rules of Practice and Procedure and Guidance Documents
Presented by: K. Lang

  • PSC hearing procedures
  • Review of PSC guidance documents
  • IURC informal procedures – mediation etc.
  • Formal complaints

Permitting and Siting Approval for Large Scale Electric Generation and Transmission Facilities
Presented by: J. Dax

Grid Modernization
Presented by: K. Lang

Scope of PSC Jurisdiction
Presented by: G. Pond

  • Definition of “electric corporation” and “electric plant”
  • Exclusions from definition of “electric corporation”
    • Co-generation, alternate power and small hydroelectric facilities
    • Distribution over private property for own use and for use of tenants.
  • When does PSC jurisdiction begin to apply
    • PSL section 5-b
    • Practical Interpretation of PSL 5-b

Lightened Regulation of Most Jurisdictional Wholesale Merchant Generators
Presented by: G. Pond

  • Granted based on finding of no market power
  • Horizontal market power
    • Vertical market power
    • Lightly regulated merchant generators are exempted from rate regulation under the Public Service Law
  • But remain subject to regulation by FERC under the Federal Power Act
  • Lightly regulated merchant generators must secure PSC approval under PSL 68 of any agreements with municipalities granting permission to use municipally owned property
  • Lightly regulated merchant generators must secure PSC approval under PSL 69 for the issuance of any stocks, bonds or evidences of indebtedness with a term in excess of one year
  • Transfers of ownership of any lightly regulated merchant generator require prior approval from the PSC under PSL 70, but transfers of ownership interests upstream of the corporation owning the facility itself may be exempted from this requirement under the “Wallkill presumption.”

New York Independent System Operators (NYISO)
Presented by: Zachary Perdek

Role of Eminent Domain
Presented By: S. Laniado

  • 94-c, Article VII
  • Article 10 proceedings

   

Webinar Instructions

All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

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Credits

Professional Engineers
6.0 PDHs

Attorneys
7.0 Areas of Professional Practice CLE Hours

Certified Planners:
CM|6

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers in New York. 

HalfMoon Education is deemed an approved continuing education sponsor for New York engineers via its course approval from the Practicing Institute of Engineering (Regulations of the Commissioner §68.14(i)(2)).  

This webinar has been evaluated for compliance with NYS Mandatory Continuing Education requirements for professional engineers by the Practicing Institute of Engineering and has been approved for 6.0 PDHs. 

HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs. This nontraditional course offers 7.0 Areas of Professional Practice CLE hours, which are appropriate for experienced attorneys. HalfMoon Education will provide financial hardship assistance to New York attorneys who wish to attend this event. Contact Frank Chapman at fchapman@halfmoonseminars.org for details and to apply.

HalfMoon Education is an approved CM provider with the American Planning Association. This course is registered for CM|6 for certified planners.

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).

On-Demand Credits

The preceding credit information only applies to the live presentation. This course in an on-demand format is intended for educational purposes only and will not be approved for any continuing education credits in New York.

Speakers

John Dax

Hodgson Russ LLP

Mr. Dax has been practicing law since 1978 focused on energy regulation and environmental permitting. His practice and client base has evolved with the dramatic shifts the energy industry has experienced over those four and a half decades. Mr. Dax has extensive experience in energy infrastructure development and regulation, environmental permitting and compliance, administrative law, local land use law, contract negotiation, government procurement, and appellate litigation. He is active in licensing renewable electricity generation, transmission and storage facilities and counseling developers, large energy consumers, investors and lenders in the energy and utility industries on regulatory and commercial strategies and compliance issues. Mr. Dax appears before federal, state, and municipal agencies with responsibility for energy regulation and environmental protection, and local land use control as well as in New York State and federal courts. After graduating from Columbia Law School he served as an assistant counsel to the New York State Public Service Commission and as an assistant counsel in the Office of Counsel to New York Governor Hugh Carey. He has been in private practice since 1983 and a partner in Hodgson Russ LLP since 2021.

Kevin Lang

Couch White, LLP

Mr. Lang is a partner with Couch White LLP. He assists clients in matters before state and federal energy regulatory agencies and involving utilities and electric system operators, energy procurement options, generation development and siting, asset divestiture and acquisition, and other energy-related transactions. His clients include the City of New York, State University of New York, University of Massachusetts, Cornell University, numerous Fortune 500 companies, generation owners and developers, financial institutions, and other individuals and companies participating in energy markets. Prior to joining Couch White, Mr. Lang worked for the New York State Department of Public Service as a managing attorney and before that, as an assistant counsel. While with DPS, he successfully defended the New York State Public Service Commission in court challenges to PSC decisions, led staff teams in numerous rate cases, was instrumental in maximizing the value received by New York ratepayers from the divestiture of the New York public utilities’ nuclear, fossil-fueled, and hydroelectric generating facilities, and routinely advised the PSC on policy and other issues.

Sam Laniado

Read and Laniado,LLP

Sam M. Laniado is a partner with Read and Laniado, LLP. He graduated from New York University School of Law in 1976. He joined the staff of the NYS Department of Public Service (NYSDPS) in September 1976. Mr. Laniado represented Staff in environmental, transmission, and power plant siting proceedings pursuant to Articles VII and VIII of the PSL, the investigation of the extended outage at Consolidated Edison’s Indian Point II Generating Station, and the development of phase-in ratemaking principles to be applied when nuclear power plants were scheduled to enter rate base. His duties also included directly advising the NYSDPS on a wide range of legal, regulatory and environmental issues. Furthermore, he provided representation of the NYS Public Service Commission and the NY Board on Electric Generation Siting and the Environment in appellate litigation proceedings (Article 78 of the Civil Practice Law and Rules). Mr. Laniado also represented the Staff in cases involving electric rates as well as gas, telephone and water rate cases. He left the NYSDPS for private practice in December 1983. Mr. Laniado leads the Firm’s power plant and transmission line siting practice.

Zachary Perdek

Read and Laniado, LLP

Zachary Perdek is an attorney with Read and Laniado, LLP. Mr. Perdek has represented clients before state and federal administrative agencies, including the New York State Public Service Commission, the Federal Energy Regulatory Commission, the New York Independent System Operator, and New York State and federal courts. He is active in administrative proceedings in matters involving the permitting and siting of renewable energy projects, gas and electric rate proceedings, cost- and market-based rate design, and regulation of competitive wholesale electricity suppliers. During his time in law school, Mr. Perdek served as the editor-in-chief of the Syracuse University Journal of International Law and Commerce, and as a member of the Class Act Committee. Mr. Perdek has had legal internships with NYSDEC Region 7 and the New York State Office of the Attorney General Environmental Protection Bureau, where he familiarized himself with New York State’s environmental regulatory regime, wrote enforcement petitions, and engaged in settlement deliberations. He graduated from Syracuse University College of Law with a J.D. and graduated from the State University of New York College of Environmental Science and Forestry with a Master of Professional Studies in Natural Resources Management.

George Pond

Barclay Damon

Mr. Pond is a partner with Barclay Damon LLP. A former trial attorney in the Antitrust Division of the US Department of Justice, he primarily concentrates his practice on the interplay between regulation and competition in energy markets. Mr. Pond represents electric and gas utilities, pipeline companies, generators, and marketers in administrative proceedings before the NY Public Service Commission (PSC) and the US Federal Energy Regulatory Commission (FERC) as well as in commercial matters and proceedings before the NY Independent System Operator, Inc. (NYISO). He assists generators and transmission providers in connection with the siting of new facilities under Articles 7 and 10 of the Public Service Law and also advises generators, pipeline companies, and commercial landowners in obtaining lightened regulation from the PSC. He also obtains approvals for transfers of assets and ownership interests under the Public Service Law, counsels retail energy service providers in matters before the PSC, and assists electric-power marketers in obtaining market-based rate authority from FERC and in complying with FERC’s evolving regulatory requirements for market-based rate authority.

Streamable MP4/PDF Price: $329.00

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