19-E-0739: Marcy to New Scotland Electric Transmission Upgrade Project

On December 4, 2019, LS Power and the New York Power Authority (Joint Applicants) filed a petition with the New York State Public Service Commission (Commission) seeking a Certificate of Public Convenience and Necessity (CPCN) under Section 68 of the New York State Public Service Law to construct and operate the Marcy to New Scotland Upgrade Project. The proposed Upgrade Project is an approximately 93-mile 345-kilovolt (kV) transmission line starting at the Edic substation in Marcy, Oneida County and ending at the Town of New Scotland substation in Albany.

Public Statement Hearing and Procedural Conference

The Commission is holding a public statement hearing to accept public comments on whether granting the requested CPCN is in the public interest. Interested members of the public are invited to attend the hearing and provide comments regarding the petition and whether the Joint Applicants are ready and able to exercise their rights.

An Administrative Law Judge (ALJ) will preside over the hearing and the gathering of public comments*. Comments made at the hearing will be transcribed and become part of the formal record in this proceeding and will be presented to the Commission for its consideration. The Commission may adopt or reject the petition for a certificate in whole or in part or make modifications. A procedural conference is scheduled immediately following the public statement hearing. At the procedural conference, the ALJ may determine issues for the evidentiary hearing and establish a case schedule.

    Please join us at the following:


    The Joint Applicants filed a request for a Certificate of Environmental Compatibility and Public Need pursuant to Article VII of the Pubic Service Law to construct an approximately 93-mile 345-kilovolt (kV) transmission line. The proposed Upgrade Project would pass through the Towns of Deerfield and Marcy in Oneida County; the Towns of Schuyler, Frankfort, German Flatts, Little Falls, Stark, Danube, and the Village of Ilion in Herkimer County; the Towns of Minden, Canajoharie, Root, Charleston, Glen, and Florida in Montgomery County; the Towns of Duanesburg, Princetown, and Rotterdam in Schenectady County; and the Towns of Guilderland and New Scotland in Albany County.

    Under PSL Section 68, the Marcy to New Scotland Upgrade Project will be considered an electric transmission line and is therefore subject to Commission jurisdiction. Section 68 requires that an Applicant for a CPCN provide evidence to the Commission that the proposed project is in the public interest, economically feasible and that the Applicant can finance the proposed Facility and provide electric service. Additionally, the evidence must show that the Applicant has received all required consents for use of municipal properties and rights-of-way. On December 4, 2019, LS Power and NYPA filed a petition requesting that the Commission consider issuing a CPCN and issuing an order that finds the Company is a wholesale electric market participant; thereby, entitling it to a lightened regulatory regime for safe, adequate and reliable service.

    Additional details are set forth in the Section 68 petition, which is available on the Commission’s website at To access information regarding the petition, click on “Search” and then enter case number “19-E-0739.” Additional information regarding the Article VII Project can be found in the case 19-T-0549.

    Ways to Participate in the Proceeding

    There are several ways to participate in the process, including:

      • Request Party Status: Becoming a party to a case enables an individual or group to contribute to the development of a complete record by conducting discovery, submitting testimony, briefs, or other formal written comments, and participating in evidentiary hearings, procedural conferences and other formal events conducted in the case.

        Interested groups or individuals may submit a request for party status on-line through the Commission’s website by searching the case number and clicking the “Request for Party Status” link at the top of the case page. Alternatively, a request form may be downloaded from the website or obtained by calling 518-474-4520. The requestor will be provisionally given party status, subject to the right of other parties to object and the determination of the Administrative Law Judge.
      • Join the Service List: Interested persons may monitor the proceeding by subscribing to the service list. Such persons will receive an e-mail with a direct link to the documents issued by the Commission, such as orders, notices, and rulings. Persons unable or unwilling to receive such electronic notification will receive hard copies of Commission issued documents by regular mail.

        To register on-line, click on the “Subscribe to Service List” link at the top of the page for Case 19-E-0739. A “Service List and Mail Service List Request Form” can be downloaded from the site and the completed form sent by e-mail to the Hon. Michelle L. Phillips, Secretary at or by mail to: Secretary, Public Service Commission, Three Empire State Plaza, Albany, NY 12223-1350.
      • Monitor the Case on the Commission Website: Interested persons who choose not to sign up to receive e-mail notifications may view our website at their convenience to check on the status of a case. All public documents filed by parties, correspondence, hearing
        transcripts, and documents issued by the Commission in a given case are posted on the website for that case. In addition, all written comments submitted by the public are posted under the “public comments” tab for the case.
      • Provide Comments: The public statement hearings identified below are being held to provide the public with the opportunity to comment on the proposed Project. For those who cannot attend or prefer not to speak at a public statement hearing, there are several other ways to send comments to the Commission regarding this proposal. Comments should refer to “Case 19-E-0739.” Submit comments:

          • Via E-Mail/Mail: Submit comments electronically to Michelle L. Phillips, Secretary, at or by mail to Secretary Phillips at the New York State Department of Public Service, Three Empire State Plaza, Albany, NY 12223-1350. Comments delivered in these manners should reference “Case 19-E-0739.”
            • Via the Department Website: Comments may be entered directly into the case via the website, by entering the case number (19-E-0739) in the Search option found on the homepage. After opening the case, enter comments in the “Post Comments” tab located at the top of the page.
            • Toll-Free Opinion Line: Individuals may choose to submit comments by calling the Commission’s toll-free Opinion Line at 1-800-335-2120. This line is set up to receive comments on pending cases from in-state callers, 24-hours a day. These comments are not transcribed but they are summarized and reported to the Commission for its consideration. Callers should refer to “Case 19-E-0739.”
      Comments submitted through these methods will be accepted at any point while this proceeding is pending but are requested by May 10, 2020.
      Please click on this following PDF for printable version 19-E-0739 NYPA - LS Power section 68 fact sheet - jba 022520.pdf19-E-0739 NYPA - LS Power section 68 fact sheet - jba 022520.pdf

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