Electric Power Generation under NYS Article X
The New York State Public Service Commission draft (link for comments) from the New York State Board on Electric Generation Siting and the Environment for the proposed regulations to the Power NY Act 2011, known as Article X is deficient in its mandate. Since a SEQR review for electric generation projects that fall under the new regulations is no longer a requirement, New York State is effectively writing new regulations that abdicate the oversight role of the Department of Environmental Conservation. The motive to fast track permitting approval at the expense of environmental protection demonstrates a bias in favor of developer projects. Therefore, in order to establish an equitable balance in interests, it is prudent to include a comprehensive citizen participation process within the administrative structure of the DPS.