Posts by Daniel A. SpitzerPartner
The New York Independent System Operator (NYISO) has long prided itself on the purity and integrity of its tariffs, administering markets in which financial rights are acquired and sold rather than physical rights. To be sure, the Federal Energy Regulatory Commission (FERC) has permitted deviations from the open access transmission model on a case-by-case basis when applicants sufficiently demonstrate that the deviations are consistent with or superior to the provisions of the model (embodied in pro forma Open Access Transmission and Service Tariffs) or are just inapplicable.
As of April 2026, the New York Independent System Operator (NYISO) warned of dangerously thin reliability margins for the summer 2026 season, with a mere 417 MW margin. Rising demand, the threat of extreme weather, and generator retirements, particularly in New York City and Long Island, present the grid with historic risks of shortage.
In response to an Order of the Public Service Commission (“PSC”),[1] the New York Department of Public Service (“DPS”) has submitted its Zero-Emissions Credit Program Extension Proposal.[2] The extension is widely seen as essential for maintaining the financial viability of the state’s remaining nuclear plants as they reach their license renewal decisions.
Did you ever wonder if you will need pre-approval to transfer your real property after you’ve decommissioned your electric generating facility? If so, PSC has recently suggested that the answer might be “Yes.”