Electric Power Generation


On behalf of independent power companies, as well as unregulated subsidiaries of major utilities, Beveridge & Diamond, P.C. lawyers have done significant work in developing and permitting electric power generation facilities.  This practice has spanned the entire range of environmental law, including the Clean Air Act, the Clean Water Act, wetlands, environmental impact review, site remediation issues, coal combustion byproduct management and hazardous substance storage, as well as land use, zoning, lease preparation and related real estate issues.  Beveridge & Diamond lawyers have also represented electric generating facilities on a variety of regulatory compliance and enforcement defense matters throughout the country. 

Full Description

Beginning in the 1980's, Beveridge & Diamond successfully secured land use and regulatory approvals for the construction and operation of six large cogeneration facilities in both New York and New Jersey.  The work required securing land use approvals from local and county governments as well as state and federal air emission permits, water discharge permits, and, depending on the particular location, waterfront development permits, stream encroachment permits, and wetland permits.  Often, these proposed facilities were located at industrial sites that required extensive testing and remediation of the soil or groundwater.

In the 1990’s and early 2000’s, Beveridge & Diamond successfully shepherded a number of power plant proposals through Article X of the Public Service Law, which was touted as a one-stop process for siting new, large-scale electric generating facilities in New York.  Since Article X expired, new power plant projects in New York have been subject to the environmental review requirements of the State Environmental Quality Review Act (SEQRA).  Beveridge & Diamond represented the developer of the first major power plant proposal in New York State since Article X’s expiration, securing all local, state and federal approvals for the project.    

Beveridge & Diamond’s experience also extends to contract negotiation, environmental permitting and regulatory matters involving alternative energy projects such as landfill gas-to-energy facilities, cogeneration facilities and municipal waste combustors.   

The Firm also has extensive experience representing power plant owners and operators in enforcement defense and litigation matters, and has conducted due diligence on facilities that clients have purchased, or considered purchasing, throughout the country.  These facilities included coal, oil, natural gas, waste combustion, and water powered generating plants.

Representative Matters
  • An 800 MW facility in Linden, New Jersey supplying electric power to Consolidated Edison (Con Ed) and steam to the host refinery; as part of this project we acquired the necessary permits and authorizations for our client to build an underground transmission line from the facility to a Con Ed substation on Staten Island; this effort included obtaining permission to cross under the New Jersey Turnpike and leases from New York and New Jersey for crossing under the Arthur Kill. 
  • A 150 MW cogeneration facility in Camden, New Jersey supplying steam to local industries.
  • A 150 MW cogeneration facility in Newark Bay, New Jersey supplying steam to a local POTW. 
  • A 185 MW cogeneration facility in Bayonne, New Jersey supplying steam to a local industry.
  • A 105 MW facility at a major international airport supplying all of the airport's thermal and electrical power needs. 
  • A cogeneration facility supplying steam and electricity at a New York State university.
  • Facilities permitted under Article X of the New York State Public Services Law (since expired) include:
    • a 500 MW facility in Orange County New York; and
    • a 580 MW facility in Suffolk County, New York
  • The first major electric generating facility (350 MW) on Long Island, New York in over 40 years. (Post Article X) 
  • The siting and proposed construction of a waste wood fired power production facility at a former industrial site in Staten Island.
  • A 345 MW submarine cable from New Jersey to New York. 

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