The New York Energy Solution (NYES) will work with various state and federal agencies in order to receive approval and certification for the project. This began with an application to the New York Public Service Commission (PSC) for a Certificate of Environmental Compatibility and Public Need under Article VII of the State Public Service Law. The process with the PSC involves an evaluation of all potential impacts from the project and will include a detailed environmental impact assessment. Other agencies, like the Department of Agriculture and Markets and the Department of Environmental Conservation, are parties to the Article VII process.
The Article VII process includes many opportunities for public input; public comments may be submitted at any time, even during construction. The Article VII process that NYES falls in is unique in that the application process is split up into a Part A and a Part B. The Part A filing has been completed and a PSC Order was published in December 2015, allowing the process to move on to the next phase.
It was recommended by the New York State Department of Public Service (DPS) Trial Staff, and adopted by the PSC, that the project be split into two segments and sent to the New York Independent System Operator (NYISO) for evaluation under the Public Policy Transmission Planning Process. Under this process, National Grid, along with other developers, would submit their project to the NYISO for evaluation on efficiency and cost. The winning project would then be recommended to the PSC to complete the Article VII Part B process.