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EMPIRE WIND

NEW YORK STATE ARTICLE VII

The following page is provided for compliance with Article VII of the New York Public Service Law (PSL) process.

Empire Offshore Wind LLC (Empire) proposes to construct and operate the Empire Wind 1 (EW 1) and Empire Wind 2 (EW 2) Projects as two separate offshore wind projects, both located within the Bureau of Ocean Energy Management (BOEM) designated Renewable Energy Lease Area OCS-A 0512 (Lease Area). Both projects will require an electric transmission system to connect the offshore wind farm to the point of interconnection (POI) to the New York State Transmission System.

Pursuant Article VII of the New York Public Service Law (PSL) process, an electric transmission line with a design capacity of 125-kilovolt (kV) or more, extending a distance of one mile or more, is subject to review and approval by the New York State Public Service Commission (Commission or PSC) as a major electric transmission facility. Empire will undergo separate Article VII review processes for the EW 1 and EW 2 Projects.  Please click on the following links to find information on each Article VII application:

Empire Wind 1 Project

Empire Wind 2 Project

How to Stay Involved and Monitor the Proceedings

Empire Wind 1: To monitor the proceedings of Empire Wind 1, visit the Commission’s Website, go to “Search”, and enter case number 21-T-0366 to navigate to the case file. Click the “Subscribe to Service List” button in the upper right of the page. Subscribers will receive email notifications when a filing is posted.

Empire Wind 2: To monitor the proceedings of Empire Wind 2, visit the Commission’s Website, go to “Search”, and enter case number 22-T-0346 to navigate to the case file. Click the “Subscribe to Service List” button in the upper right of the page. Subscribers will receive email notifications when a filing is posted.

Stakeholder Involvement and Recent News

Empire is committed to keeping stakeholders informed throughout Project development and construction.  Additional information on the Project, including recent news and ways for you to get involved, can be found here: empirewindstg.wpengine.com.

What is Article VII of the New York Public Service Law (PSL)?

Enacted in 1970, Article VII establishes a review process for any proposal to construct and operate major transmission infrastructure. The process is overseen by the New York Public Service Commission or PSC, an appointed board in the New York state government and located within the Department of Public Service. The department regulates electric, gas, steam, telecommunications, and water utilities in the state and stimulates renewable energy resources for the benefit of consumers and employers. Article VII evaluates the purpose and need and environmental impacts of transmission facilities, allowing the public to comment on proposed plans. It also articulates in detail the proposed right of way within New York State. Article VII requires a complete review of siting, design, construction, and operation of projects within New York State. You can find out more about Article VII on the Department of Public Service’s website.

Empire Wind 1 & 2 and Article VII Process

Empire Wind 1 Project

About Empire Wind 1

The transmission system for the Empire Wind 1 Project will connect the offshore wind farm to the New York State electric grid. Article VII of the New York Public Service Law requires a Certificate of Environmental Compatibility and Public Need (Certificate) from the PSC for major electric transmission facilities.

The Article VII components of the Empire Wind 1 Project will include the two 230-kV submarine transmission cables from the boundary of New York State waters to the cable landfall, a proposed onshore substation at the South Brooklyn Marine Terminal (SBMT) in Brooklyn, New York, and onshore interconnection cables between the substation at SBMT to Consolidated Edison’s existing Gowanus Substation.

Article VII Application

Status: Empire filed its Article VII application (Application) for the Empire Wind 1 (EW 1) Project on June 30, 2021. Case number 21-T-0366 has been assigned to Empire’s EW 1 Project Application. Public notice of the application was published in newspapers of local circulation in the area of the Project on June 18, June  25 and July 2, 2021.

The complete Application, Supplemental Filings, and other resources can be found on Empire Wind’s Resource Page or on the New York State Department of Public Service Document and Matter Management (DMM) System, located here.

Physical copies of the Application documents can also be reviewed at the following public library locations:

Brooklyn Public Library
Red Hook Branch
7 Wolcott St
Brooklyn, NY 11231

Brooklyn Public Library
Park Slope Branch
431 6th Ave.
Brooklyn, NY 11215

Brooklyn Public Library
Flatbush Branch
22 Linden Blvd at Flatbush Ave.
Brooklyn, NY  11226

Brooklyn Public Library 
Bay Ridge Branch 
7223 Ridge Blvd
Brooklyn, NY 11209

Brooklyn Public Library 
Sunset Park Interim
4201 Fourth Ave
Brooklyn, NY 11232

Comments: Please note that comments can be provided on the PSC docket at any time during the review process. If not submitted during Public Statement Hearing(s) (see below), written comments can be submitted by completing a comment form on the PSC website or by submitting a written statement, electronically or by mail, to the Secretary of the PSC. Comments also can be given by calling the Commission’s Opinion Line (below), which is set up to take comments from in-state callers 24 hours a day; comments submitted via this line are not transcribed verbatim, but a summary is provided to the Commission. Comments should reference the Project’s Case number, 21-T-0366.

Mailing address:  
New York State Public Service Commission
Three Empire State Plaza
Albany, New York 12223-1350

Email address:
secretary@dps.ny.gov

Commission’s Opinion Line:  
1-800-335-2120

Timeline: Approximately 30 days after the Application is submitted, the PSC Secretary will determine whether the Application is compliant with Article VII filing requirements.

Public Statement Hearings

Status: Application Complete. 

A Letter of Application Completeness was issued for the case record by the PSC on January 24, 2022. Case files for Case No. 21-T-0366 can be found on the Document and Matter Management (DMM) System. The PSC issued a Notice of Information Forums and Public Statement Hearings on March 1, 2022. The Public Statement Hearing(s) will provide another opportunity for the public to submit comments on the subject matter of the Application.

Timeline: The Public Statement Hearing(s) are typically held within 60 to 90 days of the date that the PSC deems the Application to be in compliance with Article VII filing requirements. Public Statement Hearings were held on Tuesday, April 5, 2022 at 1:00PM and 6:00PM EST. Transcripts are available on the PSC DMM System. As previously noted, comments may be submitted at any time during the Article VII review process. 

Certificate of Environmental Compatibility and Public Need

Status: Pending. 

Based on the information in the case record, a “Recommended Decision” is issued proposing the disposition of the case. A Certificate, if granted by the PSC, will contain conditions for the Project’s construction and operation, as well as requirements for the Environmental Management and Construction Plan (EM&CP).

Environmental Management & Construction Plan

Status: Pending. 

After the PSC issues the Certificate, the applicant will file an EM&CP with the PSC, which specifies how the Project will comply with the conditions of the Certificate, including:

  • additional details regarding the precise location, design, and construction of the Project,
  • special precautions that will be taken during construction to ensure environmental compatibility,
  • compliance with applicable safety codes, and
  • maintenance and operation of the facility.

Commencement of Construction

Status: Pending.

Once the Commission finds that the detailed plans are consistent with its decision and meet the required conditions, it will authorize commencement of Project construction.

Empire Wind 2 Project

About Empire Wind 2

The transmission system for the Empire Wind 2 Project will connect the offshore wind farm to the New York State electric grid. The Article VII components of the Empire Wind 2 Project will include: 1) three 230-kV submarine transmission cables from the boundary of New York State waters to a proposed cable landfall in the City of Long Beach, New York, 2) onshore export cables from the cable landfall to a proposed onshore substation, 3) the proposed onshore substation in the Village of Island Park, New York, and 4) interconnection cables between the onshore substation and the point of interconnection to the electric grid at an expansion of the existing Barrett 138-kilovolt Substation in Oceanside, New York.

Download the Empire Wind 2 Article VII Fact Sheet

Article VII Application

Status: Empire Wind filed its Article VII application (Application) for the Empire Wind 2 (EW 2) Project on June 17, 2022. Case number 22-T-0346 has been assigned to Empire’s EW 2 Project Application. Public notice of the application was published in newspapers of local circulation in the area of the Project including Newsday, The Long Island Herald, and The Rockaway Wave on the week of 6/3/2022 and 6/10/2022.

The complete Application, Supplemental Filings, and other resources can be found on Empire Wind’s Resource Page or on the New York State Department of Public Service Document and Matter Management (DMM) System, located here.

Physical copies of the Application documents can also be reviewed at the following public library locations:

Long Beach Public Library
111 West Park Avenue
Long Beach, NY 11561

Point Lookout Branch
79 Lido Blvd.
Point Lookout, NY 11569

West End Branch
903 West Beech Street
Long Beach, NY 11561

Seaford Public Library
2234 Jackson Avenue
Seaford, NY 11783

Island Park Library
176 Long Beach Road
Island Park, NY 11558

Hempstead Public Library
115 James A. Garner Way
Hempstead, NY 11550

West Hempstead Public Library
500 Hempstead Avenue
West Hempstead, NY 11552

Queens Public Library – Arverne
312 Beach 54 Street
Arverne, NY 11692

Queens Public Library – Peninsula
92-25 Rockaway Beach Boulevard
Rockaway Beach, NY 11693

Comments: Please note that comments can be provided on the PSC docket at any time during the review process. If not submitted during Public Statement Hearing(s) (see below), written comments can be submitted by completing a comment form on the PSC website or by submitting a written statement, electronically or by mail, to the Secretary of the PSC. Comments also can be given by calling the Commission’s Opinion Line (below), which is set up to take comments from in-state callers 24 hours a day; comments submitted via this line are not transcribed verbatim, but a summary is provided to the Commission. Comments should reference the Project’s Case number, 22-T-0346.

Mailing address:  
New York State Public Service Commission
Three Empire State Plaza
Albany, New York 12223-1350

Email address:
secretary@dps.ny.gov

Commission’s Opinion Line:  
1-800-335-2120

Timeline: Approximately 30 days after the Application is submitted, the PSC Secretary will determine whether the Application is compliant with Article VII filing requirements.

Public Statement Hearings

Status: Pending

Once the PSC determines that that the Application is complete, there is typically a procedural conference, and then the PSC will issue a Notice of Information Forums and Public Statement Hearings. The Public Statement Hearing(s) will provide another opportunity for the public to submit comments on the subject matter of the Application.

Timeline: Information on Public Statement Hearing(s) and how to provide comments during those hearings will be provided here, when available. The Public Statement Hearing(s) are typically held within 60 to 90 days of the date that the PSC deems the Application to be in compliance with Article VII filing requirements.

Environmental Management & Construction Plan

Status: Pending

After the PSC issues the Certificate, the applicant will file with the PSC an EM&CP, which specifies how the Project will comply with the conditions of the Certificate, including:

  • Additional details regarding the precise location, design, and construction of the Project,
    • special precautions that will be taken during construction to ensure environmental compatibility,
    • compliance with applicable safety codes, and
    • maintenance and operation of the Project.

Commencement of Construction

Status: Pending

Once the PSC finds that the detailed plans are consistent with its decision and meet the required conditions, the PSC will authorize the commencement of Project construction.