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Article VII

New York State Article VII Process

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 New York Public Service Commission (PSC or Commission) for major electric transmission facilities. Article VII requires a complete review of the need for and environmental impact of the, siting, design, construction, and operation of the portion of the Empire Wind 1 Project in New York State. 

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 and Consolidated Edison’s existing Gowanus Substation (together, “the Project”).

Article VII Certificate Application and Review Process: Status and Timeline

Article VII Application

Status: Empire Offshore Wind LLC (Empire) filed its Article VII application (Application) for the Project on June 30, 2021. Case number 21-T-0366 has been assigned to Empire’s 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 Empire Wind 1 Article VII Application documents can be found here:

Empire Wind Article VII Application

Supplemental Filing October 8th, 2021

The complete Application and other case files can also be found 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:

Commission’s Opinion Line:  

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 Hearing(s)

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 befound here. The PSC issued a Notice of Information Forums and Public Statement Hearings on March 1, 2022 and can be viewed here. 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 first Public Statement Hearings will be held on Tuesday, April 5, 2022 at 1:00PM and 6:00PM EST. Additional details and registration instructions can be found in the Notice of Information Forums and Public Statement Hearings, linked above. 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.

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, can be found here:

Monitoring the Proceedings

To monitor the proceedings of this case, 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.