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:
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.
The next public meetings on Empire Wind 2’s Article VII application will be held on October 11, 2023 at the Long Beach City Hall. More information can be found by clicking here.
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) two 345 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, 4) interconnection cables between the onshore substation and the point of interconnection at a parcel located along Hampton Road in Oceanside, within the Town of Hempstead, New York and 5) POI facilities (referred to collectively as the Hampton Road substation) which will include both 345-kV and 138-kV substation facilities. LIPA will own and PSEG Long Island (PSEG-LI) will operate these loop lines and the 138-kV facilities at the Hampton Road substation site. The ownership and/or operation of the 345-kV facilities will be determined through a mutually acceptable Interconnection Agreement between Empire Wind and LIPA, as developed through the (New York Independent System Operator, Inc. (NYISO)) interconnection process.
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: Application Complete
A Letter of Application Completeness was issued for the case record by the PSC on December 29, 2022. Case files for Case No. 22-T-0346 can be found on the Document and Matter Management (DMM) System. The PSC issued a Notice of Information Forums and of Public Statement Hearings on February 10, 2023. 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. The Public Information Sessions will be held on Thursday, March 2, 2023, at 1:00PM and 5:00PM EST and the Public Statement Hearings will be held on Thursday, March 9, 2023, at 1:00PM and 5:00PM EST.
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.