John T. McManus

Member

“I enjoy developing and executing a creative strategy to achieve a client’s goal where there is no precedent and the initial likelihood of success appears low.”

John is the managing partner of the firm’s Capital Region offices in Albany and Saratoga Springs. In his practice, John advises clients on a variety of legal and regulatory issues, specifically in the areas of utility and environmental law.

As part of the Energy Industry Team, John successfully represented a transmission developer in securing a Certificate of Environmental Compatibility and Public Need (CECPN) pursuant to Article VII of the Public Service Law (PSL) from the New York State Public Service Commission (PSC) for an approximately 55-mile upgrade of certain electric transmission infrastructure, including installation of a new 345 kilovolt (kV) line and switching station. He also represented a nuclear decommissioning company in securing PSC approval for the first transfer of a retired nuclear-powered electric generation facility in New York. As the PSC noted in its approval order, this transfer will permit the facility “to be decommissioned decades sooner….”

As part of the Environmental Law Practice Group, John represents corporate and individual clients on a wide range of matters involving permitting, regulatory compliance, civil and administrative enforcement, and dispute resolution. His permitting experience spans facilities involved with power generation, oil and gas mining, manufacturing, solid waste disposal, construction and demolition debris processing, wireless telecommunications, and housing. As a result, John has extensive experience with the New York State Environmental Quality Review Act (SEQRA) and other state and federal environmental statutes and regulatory programs that apply to project permitting and siting. His practice regularly requires him to appear before a variety of federal, state, and municipal agencies involved with the permitting and licensing of facilities and projects.

Additionally, John represents clients in a broad range of complex litigation matters, including regulatory and commercial disputes.

John began his legal career with an international law firm in New York City. From 2000-2002, he served as a confidential law clerk to the Honorable Victoria A. Graffeo, New York State Court of Appeals.

Representative Matters

Successfully represented a transmission developer in securing a CECPN pursuant to PSL Article VII from the PSC for an approximately 55-mile upgrade of certain electric transmission infrastructure, including a new 345 kV line and switching station.
Successfully represented the same transmission developer in a related application to the PSC for a CECPN pursuant to PSL Article VII for an approximately 12-mile upgrade of certain electric transmission infrastructure, including a new 115 kV line and rebuilt substation.
Represents a transmission developer seeking to satisfy an identified Public Policy Transmission Need (PPTN) in an ongoing Public Policy Transmission Planning Process (PPTPP) at the PSC and the New York Independent System Operator.
Represents an offshore wind developer in an application to the PSC for a CECPN pursuant to PSL Article VII for the New York portion of the electric transmission facilities necessary to interconnect an offshore wind farm that is being developed off the coast of Long Island under an Offshore Wind Renewable Energy Certificates (OREC) Agreement with NYSERDA.
Successfully represented a nuclear decommissioning company in securing PSC approval for the first transfer of a retired nuclear-powered electric generation facility in New York.
Successfully represented the owners of nuclear and coal-fired electric generating facilities before the PSC in connection with securing three reliability support services agreements (RSSA) with two upstate utilities.
Secured a court order on behalf of a nationwide organization of energy services companies (ESCOs) vacating certain provisions of a PSC order that, as the reviewing court stated, would have “amount[ed] to a major restructuring of the retail energy market—or even its collapse.
Represents over a dozen ESCOs on various regulatory issues at the PSC.
Successfully represented the acquiror of a natural gas utility in New York after negotiating an unopposed joint proposal.
Represents the potential acquiror of a larger water utility in New York in a pending PSL Section 89-h proceeding at the PSC.
Successfully secured financing approvals from the PSC for multiple electric and water corporations.
Represented a major public utility holding company before the PSC in connection with the proposed acquisition of an international power generation company.
Represented numerous electric generators in securing PSC approval for the purchase and sale of generating facilities, including nuclear, natural gas, coal, and solar.
Advises an electric transmission owner and two natural gas utilities on state regulatory compliance.
Regularly represents large commercial and industrial (C&I) and multi-family residential end-use customers in billing disputes (gas and electric service) with their local utilities.
Represented a large C&I end-use customer in connection with the cost and siting of the local utility’s construction of new electric transmission line and substation.
Represents solar developers on issues such as power purchase agreements (PPA), interconnection agreements, and siting requirements.
Regularly represents owners of multi-family residential buildings (rental, condominium, and cooperative) in seeking PSC approval to submeter electricity to residents.
Successfully represented the owners of approximately 3,000 apartment units across four multi-family complexes located in New York City in multiple contested proceedings before the PSC for approval to submeter electricity to the residential tenants.
Secured PSC approval to submeter electricity to residential tenants in a new landmark 76-story skyscraper in lower Manhattan.
Secured PSC approval to submeter electricity to residential tenants in a new high-rise, passive house building on a university campus in Manhattan.
Regularly represents owners of submetered multi-family residential buildings on various regulatory issues, including compliance with the Home Energy Fair Practices Act (HEFPA).
Represents manufacturer of digital electricity meters for submetering and utility applications and provider of reading and billing services to property owners and managers on various regulatory issues.
Represents developers and building owners in tariff negotiations with local distribution utilities to secure proper utility service to newly constructed and existing properties.
Represents oil and gas companies on a variety of regulatory and commercial issues, including lease and right of way disputes, well spacing, compulsory integration, and pipeline siting.
Represented three national telecommunications companies in federal class action lawsuit concerning a right-of-way dispute in New York.
Represented a national wireless carrier in a dispute with a competitive local exchange carrier in two proceedings before the PSC over a termination rate for certain traffic.
Co-counsel in securing the permit for the first commercial telecommunications tower to be approved under the New York State Adirondack Park Agency’s “Policy on Agency Review of Proposals for New Telecommunications Towers and Other Tall Structures in the Adirondack Park.”
Successfully opposed a petition for a writ of certiorari to the Supreme Court of the United States on behalf of a provider of telecommunications sites.
Secured numerous permits and approvals for a sewer extension line in central New York as part of a negotiated order on consent with the New York State Department of Environmental Conservation (DEC).
Negotiated numerous orders on consent with the DEC on behalf of various public and private entities concerning alleged violations of the Environmental Conservation Law (e.g., air, solid waste, pesticides) and the Navigation Law (e.g., oil spills).
Co-counsel in representing a municipality in connection with a dam safety enforcement proceeding instituted by the DEC.
Represented a regulated entity participating in the DEC’s Environmental Audit Incentive Policy.
Negotiated assurance of discontinuance without penalties on behalf of a manufacturer of wood boilers in connection with an investigation by the Office of the New York State Attorney General concerning certain environmental and advertising issues.
Secured the necessary permits and approvals for the adaptive reuse of a former petroleum tank farm located on the Hudson River.
Drafted successful appellate brief that resulted in the reversal of a New York State Supreme Court decision to annul a zoning board of appeals’ determination, which had granted an area variance for the siting and construction of a luxury apartment complex, and allowed the project to be completed.
Successfully opposed an appeal to a municipal zoning board of appeals seeking to block the construction of an air stripping facility by a private water company.

A sampling of John’s reported matters include:

Case 19-E-0730, Joint Petition of Entergy Nuclear Indian Point 2, LLC; Entergy Nuclear Indian Point 3, LLC; and Nuclear Asset Management Company, LLC for a Declaratory Ruling Disclaiming Jurisdiction Over or Abstaining from Review of the Proposed Transfers or, in the Alternative, an Order Approving the Proposed Transfers Pursuant to Section 70 of the New York Public Service Law, Order Asserting Jurisdiction and Approving and Adopting Joint Proposal (Issued May 19, 2021).
Case 19-T-0684, Application of New York Transco LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII of the New York Public Service Law to Construct, Operate, and Maintain a New, Double-Circuit 54.5-Mile 345/115 Kilovolt Electric Transmission Line and Related Facilities Located in the Town of Schodack, Rensselaer County; the Towns of Stuyvesant, Stockport, Ghent, Claverack, Livingston, Gallatin, and Clermont in Columbia County; and the Towns of Milan, Clinton, and Pleasant Valley in Dutchess County, Order Adopting Joint Proposal (Issued Feb. 11, 2021).
Jayne v Talisman Energy USA Inc., 84 AD3d 1581 (3d Dept), lv denied 17 NY3d 710 (2011).
Buffalo S. R.R., Inc. v Village of Croton-on-Hudson, 434 F Supp 2d 241 (SDNY 2006).

Professional and Civic

Alliance for Clean Energy New York, member
Independent Power Producers of New York, Inc., member
New York Battery and Energy Storage Technology Consortium, member
Independent Oil & Gas Association of New York, member
Federal Communications Bar Association, member
Town of Kinderhook Zoning Board of Appeals, former chairman
Albany Law School Women’s Leadership Initiative, member of advisory committee
State University of New York at Geneseo Political Science Advisory Board, member
State University of New York at Geneseo Capital District Alumni Committee, member