On Earth Day, April 22, the Connecticut Legislative Review Committee approved proposed regulations that will allow for the siting of wind turbines in the state. The new regulations would end what has effectively been a three-year moratorium on new wind power projects in Connecticut.
In 2011, the Connecticut General Assembly passed Public Act No. 11-245, An Act Requiring the Adoption of Regulations for the Siting of Wind Projects (the "Act"). The Act directed the Connecticut Siting Council (the "Siting Council"), the state entity with jurisdiction over the siting of power and telecommunications facilities, to adopt regulations for the siting of wind turbines on or before July 1, 2012. The Act further stated that no wind turbine could be sited before the new regulations were adopted. The Siting Council has been working since that time to promulgate regulations and has had multiple versions rejected by the Legislative Review Committee before this latest version was approved.
The wind regulations will become effective when they are filed with the secretary of state. To access the wind legislation, please see here.
Of note, the wind regulations were promulgated nearly four months after the deadline for wind projects to take certain actions constituting the commencement of construction in order to qualify for the Federal Production Tax Credit. Without a change in that deadline, the new Connecticut regulations may be of limited use to new projects in the state that would not be economic without that tax credit.
Summary of New Siting Regulations
The new wind regulations inform wind turbine applicants and petitioners of the information required to be submitted in applications for Certificates of Environmental Compatibility and Public Need and petitions for declaratory rulings for wind turbine facilities. The regulations would require that the Siting Council hold a public hearing for any proposed wind turbine facility or modification to an existing facility, to evaluate its compliance with these regulations.
Each report would also include potential mitigation measures to minimize the impact of the risk evaluated.The changes created by these much-anticipated regulations may impact your company. For further information about the new wind regulations, please contact any of the attorneys listed above.
Day Pitney Alert
Flossie Davis, Thomas Havens and Jennifer Galiette wrote an article, "NY Retail Electricity Order Vacated — For Now," for Law360. The article is about the recent decision by the Supreme Court for the County of Albany, New York, to vacate key directives of the New York Public Service Commission (PSC) in its "Order Resetting Retail Energy Markets and Establishing Further Process" issued on Feb. 23, also known as the PSC reset order.
Day Pitney Alert
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On July 12, Day Pitney partner Beth Barton, President of the New England Women in Energy and the Environment (NEWIEE), will welcome attendees at NEWIEE’s second annual panel in the "New England Women Shaping the Agenda in Energy and Environment" series. This year, this event will take place at Tufts University in the ASEAN Auditorium at The Fletcher School in Medford, Massachusetts. The panel, including Maryrose Sylvester, President and CEO of Current, Powered by GE; Cheryl Warren, National Grid USA Board Director and Innovation Strategist; and Cynthia Arcate, President and CEO of PowerOptions, will discuss the business behind getting to clean energy and environment. Professor Barbara Kates-Garnick of the Fletcher School and Center for International Environment and Resource Policy will be the moderator for the panel discussion. Registration is open for the event on NEWIEE’s website.
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Hartford, Conn, June 9, 2016 - Day Pitney LLP is pleased to announce that David Doot has been selected as an Energy & Environmental Trailblazer by The National Law Journal, which profiles the top 50 business leaders in the energy and environmental space.
Jennifer Galiette has been elected Chair of the Energy, Public Utility and Communications Law Section of the Connecticut Bar Association for a term of two years. In her new role, she will be in charge of planning Section meetings and organizing educational and professional events for the Section’s more than 100 members. Galiette also serves as a member of the Section’s Executive Committee. She has been involved with the organization for over seven years, and has previously served as Treasurer, Secretary and Vice Chair of the Section.