Article 10 Project Documents

Number 8

The permitting and approval of the Excelsior Energy Project will be conducted in accordance with Article 10 of the New York Public Service Law. This thorough process encourages local input and mandates rigorous study of the project. Through the Article 10 process, Excelsior will seek input from community stakeholders and will work to minimize potential impacts to the maximum extent practicable.

Additional information on Article 10 of the Public Service Law can be found at the following links:

Public Involvement Plan

To start the Article 10 pre-application process, Excelsior Energy Project submitted a Public Involvement Program Plan (PIP) with the Department of Public Service on April 24, 2019.

The PIP Plan can be found on the Department of Public Service Website and here.

The Excelsior Energy Project PIP Plan includes the following elements:
  • consultation with the affected agencies and other stakeholders;
  • pre-application activities to encourage stakeholders to participate at the earliest opportunity;
  • activities designed to educate the public as to the specific proposal and the Article 10 review process, including the availability of funding for municipal and local parties;
  • the establishment of a website to disseminate information to the public;
  • notifications; and
  • activities designed to encourage participation by stakeholders in the certification and compliance process.
In support of the Excelsior Energy Project’s efforts to inform local stakeholders and provide information related to the PIP, this website includes:

Preliminary Scoping Statement (PSS)

Excelsior Energy Center, LLC files a Preliminary Scoping Statement (PSS) with the Siting Board on or about September 24, 2019. The PSS summarizes the proposed scope of the studies that Excelsior Energy Center, LLC will undertake, the results of which will form the basis of its Article 10 Application to the Siting Board.

  • The Notice of Submission of Preliminary Scoping Statement can be found here.
  • The Excelsior Energy Project Preliminary Scoping Statement can be found here.

Regulatory Filings and Notices

Notice of Submission of Appliation

On September 15, 2020 Excelsior Energy Center, pursuant to PSL § 164 and 16 NYCRR § 1000.7, provided notice that on or about September 18, 2020, it intends to file its Application with the Siting Board for a Certificate of Environmental Compatibility and Public Need authorizing construction and operation of the Project.

The notice of this filing can be found here.

Notice of Submission of Proposed Stipulations

On July 6, 2020 Excelsior Energy Center announced it filed proposed stipulations, pursuant to 16 New York Codes, Rules, and Regulations (“NYCRR”) § 1000.5(j), as to the scope and methodology of studies to be conducted in support of the Article 10 Application, which will be filed at a later date. There will be a 21-day public comment period on the Project’s proposed stipulations before interested parties may execute them. of Any person may submit comments after that period on the Department Public Service website, as provided below. The notice of this filing can be found here. The proposed stipulations can be found here and on the Department of Public Service Website.

Notice of Commencement of Stipulations Process

On December 27, 2019, Excelsior Energy Project provided notice of commencement of the stipulation process. Each stipulation essentially sets forth a proposed agreement among the participating parties on a particular aspect of the Preliminary Scoping Statement, the studies or program of studies to be conducted, and the contents of each exhibit to be eventually included in the Application.

The Notice of Commencement of Stipulations Process can be found here.

Notice of Procedural Conference to Consider Pre-Application Intervenor Funding Requests and to Initiate the Stipulations Process
On October 15, 2019, the New York State Board on Electric Generation Siting and the Environment issued notice of the procedural conference to consider pre-application intervenor funding requests and to initiate the Stipulations process for the Excelsior Energy Project. Learn more…

Wednesday, November 13, 2019

Byron Town Hall Courtroom
7028 Byron Holley Road
Byron, New York 14422

1:00 p.m.

Excelsior Informational Mailer

Excelsior Energy Center, LLC, a subsidiary of NextEra Energy Resources, LLC, is proposing to build a 280-megawatt photovoltaic solar energy generating facility with 20 megawatts of energy storage located on private land in the Town of Byron in Genesee County, N.Y.

NextEra Energy Resources is a leader in solar energy. We’ve been in the solar business since 1989. Since then we’ve significantly expanded our solar development to more than 2,600 megawatts of clean, homegrown energy across the U.S.

We have a long history of forging strong partnerships with the communities where we build our projects. We meet with local officials, civic associations, and local residents to ensure we build a project the community has helped shape and can be proud of.

We plan to hold public meetings where you can ask questions and hear the answers directly from our subject-matter experts. However, during this time while we’re taking precautions and practicing social distancing we still wanted to share some details of this exciting project with you.

Additional Information can be found here and responses to informational mailer questions can be found here.

Document Repositories
While all information pertaining to the project will be updated via the project website, Excelsior Energy Project will maintain hard copies of the PIP, the Public Scoping Statement (PSS), and the Article 10 Application, as well as assorted project outreach materials, at the following locations for those stakeholders who may not have access to the website, or prefer to review hard copies:
  • Town of Byron Town Hall, 7028 Byron Holley Road, Byron, NY 14422
  • Byron-Bergen Public Library, 13 South Lake Avenue, Bergen, NY 14416