Article VII Electric Transmission Permitting Process

Download Article VII Guide.

Download Article VII Guide.

Article VII of the New York State Public Service Law governs the siting of major utility transmission facilities in the state. The law requires a full review of the need for a project and the environmental impacts of its siting, design, construction, and operation, and establishes the forum in which community residents can participate with members of state and local agencies in that review. 

Click to Enlarge Article VII Chart.

Click to Enlarge
Article VII Chart.

The following is an overview of the Article VII process:

1. An application for a Certificate of Environmental Compatibility and Public Need (Certificate) is submitted to the Public Service Commission.

2. Once the application is deemed complete, a Public Statement Hearing(s) will be scheduled to solicit feedback on the record, and a Procedural Conference will be held to determine the procedural path of the application. Note that the PSC will accept comments at any time while the docket is open.

3. A Certificate is issued via a PSC Order, which will contain conditions on how the project will be built.

4. An Environmental Management and Construction Plan (EM&CP) document is developed, detailing how the project will be built. The plan is filed with the PSC and will be subject to comment.

5. Once the EM&CP is approved by the PSC, public notifications will be required and a Notice to Proceed will need to be issued before construction may begin.

6. During construction, the project will be monitored by regulators until restoration is complete. Post-construction monitoring may also be required.

How to Subscribe to the PSC Service List

If you would like to subscribe to a Service List and receive updates from the PSC on the NYES project, click here to download the PSC Service List Request Form. Requests to be added to the service list can be filed anytime while the docket remains open with the PSC.


Other Permitting

Beyond the Article VII process, the project is required to obtain reviews and/or approvals from the following:

  • NYS DOT: Utility Work Permit

  • NYS DEC: SPDES (Wastewater Discharge) General Permit

  • U.S. Army Corps of Engineers: Section 404 Permit

  • NYS PSC: Section 401 Water Quality Permit, PSL §68, PSL §70

  • U.S. FAA: Notice of Proposed Construction or Alteration

  • Local Highway Permits for construction entrances