Case 15-M-0642: Fortistar North Tonawanda, Inc.


Fortistar North Tonawanda Inc. (FNT) is the owner and operator of a 55 MW cogeneration plant located in North Tonawanda, Niagara County, New York. In January 2019, FNT filed a supplemental application with the New York State Public Service Commission (Commission) seeking approval to continue selling electric energy. No new construction is associated with the request.

Informational Forum and Public Statement Hearing

The Commission is seeking public comment on FNT’s petition for a Certificate of Public Convenience and Necessity (Certificate) under New York State Public Service Law Section 68. Interested members of the public are invited to attend the hearing and provide comments. An informational forum will be held immediately preceding the hearing, during which representatives from FNT will give a brief presentation regarding the request and Staff of the Department of Public Service (DPS) will explain the review process in this case.

An Administrative Law Judge (ALJ) will preside over the public statement hearing and the gathering of public comments. All comments given at the hearing will be transcribed and become part of the Commission's formal record. It is not necessary to make an appointment in advance, or present written material in order to speak at the hearing.*

Please join us at the following location:

* Persons with disabilities requiring special accommodations should contact the DPS's Human Resources Management Office at 518-474-2520 as soon as possible. Telecommunication Relay Service users may request a sign language interpreter by calling the New York Relay Service at 711. Individuals with difficulty understanding English are encouraged to call DPS at 1-800-342-3377 for free language assistance services.

Case Background

    In November 2015, FNT filed an application with the Commission requesting authorization to sell thermal energy to a local greenhouse. The facility had been operating as a cogeneration facility under federal jurisdiction since 1989. Operational changes reduced the volume of thermal sales, thereby causing a change in regulatory classification that shifts oversight from federal to state jurisdiction and regulation as an electric corporation and steam corporation under the New York Public Service Law.

    This change in regulatory status triggered a requirement for FNT to petition the Commission for a Certificate to continue operating its electric facilities under Public Service Law 68. FNT filed this application in January 2019. No new construction is associated with FNT’s facilities or the new application.

    Additional details are set forth in the FNT’s petition, which is available on the Commission’s website at To access information regarding the application, click on “Search” and then enter case number “15-M-0642.” The Commission may approve, approve with changes, or reject the application in whole or in part.

Methods for Commenting on the Case

All comments can be made at the public statement hearing held on April 11, 2019 or submitted through the methods below:
    • Via Mail/E-Mail: Submit comments electronically to Kathleen H. Burgess, Secretary, at or by mail to Secretary Burgess at the New York State Department of Public Service, Three Empire State Plaza, Albany, NY 12223-1350. Comments delivered in these manners should reference the case number (15-M-0642).
    • Via the Department Website: Comments may be entered directly into the case via the website, by entering the associated case number in the Search option found on the homepage. After opening the case, enter comments in the “Post Comments” section located at the top of the page.
    • Call the 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 in-state calls 24 hours a day. Callers should press “1” to leave comments about Case 15-M-0642. Comments received via the Opinion Line are not transcribed, but a summary is provided to the Commission for their consideration.

Comments submitted through these methods will be accepted at any point while this proceeding is pending but are requested by April 30, 2019.

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