On May 15, 2026, the New York State Public Service Commission (PSC) issued an Order granting Fort Schuyler Management Corporation (FSMC) a Certificate of Public Convenience and Necessity (CPCN) to construct, own, and operate a 115 kV/13.2 kV dual transformer electric substation and an approximately 5,100-foot 13.2 kV electric transmission line (the “Project”) at the SUNY Polytechnic Institute (SUNY Poly) campus in Marcy, New York. The Commission also granted FSMC a lightened regulatory framework while maintaining core oversight protections. In addition, the Commission confirmed that, consistent with the Order, FMSC may proceed to submeter commercial premises at the Site without prior Commission authorization.
Key Determinations
CPCN Granted in the Public Interest
The Commission held that FSMC satisfied all statutory requirements under Public Service Law §68, including demonstrating financial viability, ability to provide safe and reliable service at just and reasonable rates, and that issuance of a CPCN for the Project is in the public interest. The Project is intended to enhance power quality and reliability required for advanced manufacturing facilities at the Site and will continue to support regional economic development by assisting in both the retention of existing tenants and continue to attract additional entities to the SUNY Poly campus.
Lightened Regulatory Regime
The PSC granted FSMC a lightened regulatory framework, consistent with treatment of entities operating in competitive markets. Key obligations include:
- Financing and Transfers: PSC approval is required for debt issuances (PSL §69) and transfers of ownership interests (PSL §70).
- Annual Reporting: FSMC must file annual reports (first report covering 2026 due in 2027).
- Safety Oversight: All PSC safety requirements remain applicable, including stray voltage testing, accident reporting, and inspection rights for Department of Public Service staff.
Submetering Authorization
The Commission confirmed that FSMC may submeter electricity to existing and future commercial tenants at the site without additional PSC approval. However, tenants—including SUNY or other non-FSMC occupants—are not required to take service from the Project absent a contractual agreement with FSMC.
See the full decision here: https://www.couchwhite.com/wp-content/uploads/2026/05/CPCN-Order.pdf
For more information, please contact Jim King, Partner in our Energy Practice Group at Couch White, LLP.
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