NY Public Service Commission: South Fork Wind

The Petitioner, Simon V. Kinsella, challenges the grant to South Fork Wind LLC (formerly Deepwater Wind South Fork LLC) of a Certificate of Environmental Compatibility and Public Need under Article VII of NY Public Service Law by the Public Service Commission.

Simon V. Kinsella v. N.Y. State Pub. Serv. Comm'n, et al, No. 2021-06572 (N.Y. App. Div. 2d Dep’t)

• Status: pending (November 11, 2023)
• Verified Petition by Kinsella (September 9, 2021)
• Verified Answer by  N.Y. PSC  General Counsel Rosenthal (November 8, 2021)

• April 16, 2021  - Petition for Rehearing by Simon V. Kinsella (click here)
• August 12, 2021 - Ruling by ALJ Belsito Denying Petitions for Rehearing (click here)

• Jan 20  Initial Brief, dated January 20, 2021 (click here)

                         - Exhibits A to F (click here)

• Feb 3    Reply Brief, dated February 3, 2021 (click here)

                         - Exhibits 1 to 3 (click here)

Jan 29  Motion to Reopen the Record, Supplemental Information (click here)

                - Exhibits A to O (click here)

Jan 13  Motion to Reopen the Record by Simon V. Kinsella (click here)

               - Exhibits A to F (click here)

Nov 16  Response by Kinsella to Motion to Strike Testimony (click here)

November 2020       Motion to Strike Testimony  by South Fork Wind

                                        Responses in Opposition to South Fork Wind (eleven)

                                        Responses in Support of South Fork Wind (zero)

                                        NYSPSC Ruling by ALJ Belsito

                                        (click here to see motion, responses, and ruling)

 Testimony of Simon Kinsella, Part 2 - Public Interest and Need (click here)

• Exhibits 01 to 11 (click here)
• Exhibits 12 to 13 (clcik here)

    Topics covered in testimony:

• Examination of South Fork RFP
• Public interest in the price of energy from South Fork Wind;
• Evidence not included in the record for consideration by the Commission:
• Examination of South Fork RFP
• Power purchase agreement (PPA)
• Amendment No. 1 (to PPA);
• Uncompetitive procurement process;
• Failure to address issues related to:
• Peak electrical load/demand
• Correlation between peak load, temperature, and energy generation;
• Frequency outages during summer;
• South Fork Wind's failure to defer need for new transmission lines;
• High price of South Fork Wind compared to Sunrise Wind and other facilities; and
• PSEG Long Island's conflict of Interest in administering South Fork RFP procurement.

    Wind Speed Data:

• Summary (exhibit 12); and
• Supporting wind data (exhibits 12 (a) to (m)).

    East Hampton Transmission Fire (exhibit 13) 

Testimony of Simon Kinsella, Part 3 - Rebuttal (click here)

    Topic covered in testimony:

• Basis of need for facility;
• Price passed onto ratepayers;
• Existing PFAS contamination of proposed construction corridor;
• Developers' admission that its facility is uneconomic; and
• LIPA's limited review of Deepwater Wind proposal.

• Apr 25  - Letter in Opposition, dated April 25, 2022 (click here)

                          -  Exhibits A to J (all) (click here)