Barclay Damon
Barclay Damon

Firm Successfully Makes Case that Power Plant’s Fuel Mix Exempts It From Rule

A power plant in Western New York that uses waste to fuel the generation of electricity faced a change in Public Service Commission (PSC) rules that would require it, for the first time, to report detailed financial and operation information regarding its facilities.

Our attorneys looked at ways to relieve the plant of this new reporting requirement. They analyzed the power plant’s fuel mix and made the case to regulators that because the facility used waste such as tire-derived fuel and construction and demolition debris to create electricity, the plant should be exempt from PSC oversight under rules that apply to such alternative fuel plants.

The PSC agreed. The success freed our client from the reporting requirement and an entire level of regulation.


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Maureen Helmer

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