
EMPIRE WIND
NEW YORK STATE ARTICLE VII
On December 14, 2023 Empire Wind 1 received its Article VII Certificate of Environmental Compatibility and Public Need. The permit is effective as of December 18, 2023.
Update: On May 7th, 2024 Empire Wind 1 received their Notice to Proceed allowing construction activities to begin.
Construction NOI Part 1A EMCP– Click here to download.
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:
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.
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 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. Article VII Certificate was issued on December 14th 2023.
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: Completed
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: Part 1A approved by the PSC on April 19. Subsequent parts are still 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.
An electronic version of the Part 1A EM&CP is available for public inspection online on the Commission’s Document and Matter Management page for this case at the following location: NYSDPS-DMM: Matter Master, or by visiting the Commission’s website (http://www.dps.ny.gov), clicking the “Search” tab, and entering “21-T-0366” in the “Search by Case Number” box.
The Part 1A EM&CP is also available for public inspection during normal business hours at the following local libraries:
Brooklyn Public Library Flatbush Branch22 Linden Blvd. at Flatbush Ave.Brooklyn NY 11226 | Brooklyn Public Library Park Slope Branch431 6th Ave.Brooklyn, NY 11215 |
Brooklyn Public Library Sunset Park Branch5108 Fourth AvenueBrooklyn, NY 11220 | Brooklyn Public Library Bay Ridge Branch7223 Ridge Blvd.Brooklyn, NY 11209 |
Access the order approving EM&CP Part 1 A here.
Commencement of Construction
Status: On May 7th Empire Wind 1 received their Notice to Proceed allowing construction activities to begin.
Review the Construction Notice of Intent for Part 1A EM&CP – Click here to download. On May 7th Empire Wind received their Notice to Proceed with Part 1A Construction.
Review the Construction Notice of Intent for Part 1B EM&CP – Click here to download. On July 9th 2024 Empire Wind received their Notice to Proceed with Part 1B Construction.
Review the Construction Notice of Intent for Part 2A EM&CP – Click here to download On July 25th Empire Wind received their Notice to Proceed with Part 2A.
Review the Construction Notice of Intent for Part 2B EM&CP – Click here to download On August 2nd Empire Wind received their Notice to Proceed with Part 2B
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.
Click here to access the complaint and resolution portal
Click here to access Empire Wind 1’s Electronic Navigation Notice announcement.