https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/ Tue, 13 Oct 2026 00:07:20 -0400 https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/governor-hochuls-excelsior-power-program-moves-forward-psc-opens-statewide-demand-response-proceeding Thomas S. Berkman, William S. Helmer, Daniel A. Spitzer governor-hochuls-excelsior-power-program-moves-forward-psc-opens-statewide-demand-response-proceeding Thu, 17 Sep 2026 09:00:01 -0400 On August 13, 2026, the New York Public Service Commission (PSC or Commission) opened Case 26-M-0525 implementing the Excelsior Power Program. Governor Kathy Hochul first proposed the program in her 2026 State of the State address, and the Legislature backed it with $33 million in the 2026–2027 Enacted State Budget. The program envisions a centralized, statewide demand-response platform that will consolidate existing residential Direct Load Control (DLC) programs for both summer and winter load relief. The Order directs the major gas and electric utilities to jointly develop and file a phased Implementation Plan and invites comments from all interested stakeholders.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/new-york-enacts-amendments-to-strengthen-rechargeable-battery-recycling-program Thomas S. Berkman new-york-enacts-amendments-to-strengthen-rechargeable-battery-recycling-program Tue, 04 Aug 2026 09:00:02 -0400 Governor Kathy Hochul has signed Chapter 87 of the Laws of 2026, further refining New York's rechargeable battery recycling program. The new law amends the rechargeable battery stewardship legislation enacted in 2025 by clarifying existing requirements and expanding certain compliance obligations for manufacturers, retailers, distributors, and other businesses involved in the sale of rechargeable batteries and battery-powered products in New York.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/latest-nyiso-outlook-notes-potential-generation-shortages-recommends-policy-choices William S. Helmer, Daniel A. Spitzer latest-nyiso-outlook-notes-potential-generation-shortages-recommends-policy-choices Mon, 03 Aug 2026 09:00:03 -0400 In August, the New York Independent System Operator (“NYISO”) will open the upcoming Public Policy Transmission Planning cycle. We have a good sense of the direction that NYISO will take based on the just-released 2025-2044 System & Resource Outlook (the “Outlook”). The Outlook revisits some old themes: the Tale of Two Grids remains with us, the congestion represented by the Central East Interface must be addressed (probably through dynamic voltage support), and the demands made on the grid by data centers are problematic.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/new-york-proposes-landmark-regulations-requiring-treatment-of-landfill-leachate-before-disposal Thomas S. Berkman new-york-proposes-landmark-regulations-requiring-treatment-of-landfill-leachate-before-disposal Fri, 10 Jul 2026 09:00:04 -0400 On July 1, 2026, the New York State Department of Environmental Conservation ("NYSDEC") published proposed amendments to 6 NYCRR Parts 360 and 363 that would fundamentally change how landfill leachate is managed throughout the State. If adopted, the proposal would require municipal solid waste ("MSW") landfills and certain construction and demolition ("C&D") debris landfills to treat landfill leachate before it may be discharged to the environment.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/a-bold-foray Daniel A. Spitzer, William S. Helmer a-bold-foray Mon, 22 Jun 2026 09:00:05 -0400 New York State has taken a giant step toward promoting new nuclear power generation and associated transmission facilities. On June 11, 2026, the State’s Public Service Commission (PSC) instituted a new proceeding through its Order Establishing a Nuclear Backbone Process (Order). As of this writing, the docket consists of just eleven documents, the most important of which is the New York State Advanced Nuclear Policy Options Paper (White Paper), developed by the staff of the PSC and the State’s Energy Research and Development Authority (NYSERDA). Interestingly, the original name of that authority was the Atomic and Space Development Authority.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/ferc-authorizes-first-of-its-kind-nyiso-tariff-deviation William S. Helmer, Daniel A. Spitzer ferc-authorizes-first-of-its-kind-nyiso-tariff-deviation Thu, 11 Jun 2026 09:00:06 -0400 The New York Independent System Operator (NYISO) has long prided itself on the purity and integrity of its tariffs, administering markets in which financial rights are acquired and sold rather than physical rights. To be sure, the Federal Energy Regulatory Commission (FERC) has permitted deviations from the open access transmission model on a case-by-case basis when applicants sufficiently demonstrate that the deviations are consistent with or superior to the provisions of the model (embodied in pro forma Open Access Transmission and Service Tariffs) or are just inapplicable.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/nyiso-forecast-for-summer-2026-reliability-challenges-under-extreme-temperature-scenarios-as-new-resources-lag-increased-demand William S. Helmer, Daniel A. Spitzer nyiso-forecast-for-summer-2026-reliability-challenges-under-extreme-temperature-scenarios-as-new-resources-lag-increased-demand Thu, 07 May 2026 09:00:07 -0400 As of April 2026, the New York Independent System Operator (NYISO) warned of dangerously thin reliability margins for the summer 2026 season, with a mere 417 MW margin. Rising demand, the threat of extreme weather, and generator retirements, particularly in  New York City and Long Island, present the grid with historic risks of shortage.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/rapid-act-revisions-ores-proposed-changes-will-reshape-project-timelines-for-the-worse Michael N. Boncardo, John W. Dax rapid-act-revisions-ores-proposed-changes-will-reshape-project-timelines-for-the-worse Fri, 05 Dec 2025 09:00:08 -0500 The Office of Renewable Energy Siting and Electric Transmission (ORES) has proposed significant revisions to its rules implementing the Renewable Action Through Project Interconnection and Deployment (RAPID) Act. While the amendments span procedural, definitional, and technical updates, the most consequential changes concentrate in four areas: (1) completeness determinations, (2) municipal notification, (3) professional-engineer certifications, and (4) amending pending applications.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/d-c-circuit-backs-ferc-in-nyiso-forecast-case-highlights-pscs-delay-on-clcpa-rules Daniel Spitzer d-c-circuit-backs-ferc-in-nyiso-forecast-case-highlights-pscs-delay-on-clcpa-rules Fri, 31 Oct 2025 09:00:09 -0400 On June 14, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in New York State Public Service Commission v. Federal Energy Regulatory Commission, Nos. 23-1192, 23-1259, and 23-1286, denying the New York Public Service Commission’s (PSC) petitions for review and affirming the Federal Energy Regulatory Commission’s (FERC) approval of the New York Independent System Operator’s (NYISO) rate filing.

]]> https://www.hodgsonruss.com/grid-and-green-environment-and-energy-blog/psc-proposes-additional-procedures-for-managing-interconnection-queues-for-distributed-generation William F. McLaughlin psc-proposes-additional-procedures-for-managing-interconnection-queues-for-distributed-generation Wed, 17 Sep 2025 09:00:10 -0400 On Friday, September 12, 2025, the New York State Public Service Commission published a Straw Proposal for Interconnection Queue Management in Case 24-E-0621.  The proposal is intended to streamline cooperation between the State’s public utilities and Distributed Energy Resource developers with pending interconnection requests. 

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