Driscoll takes permanent leadership at NYPA despite lack of Senate vote

Aug. 13—ALBANY — Although his appointment hit a snag during the final weeks of the Legislature's session in June, Justin E. Driscoll has taken the helm as president and CEO of the New York Power Authority as its president and CEO.

For months, Driscoll had served as the acting president and CEO of the power authority, which owns the Moses-Saunders Power Dam in Massena and much of the power infrastructure that moves electricity around the state.

Driscoll was due to face a confirmation vote in the state Senate in the final days of the legislative session in late June, but a push from left-leaning Democratic senators to get his nomination tossed in committees before the full Senate vote put cold water on the effort.

Driscoll faced the ire of the liberal Senators for his opposition to the Build Public Renewables Act, which became state law this year.

The BPRA gives NYPA the power to build, own and operate new renewable energy production plants, essentially empowering an arm of the state government to build publicly owned power plants. Driscoll had advocated against the legislation before he was nominated to run NYPA. Additionally, reports that Driscoll had overseen a team that saw racial discrimination among its ranks surfaced, and public power advocates like Public Power NY began to voice public opposition to his nomination.

The Senate left Albany without voting on Driscoll's nomination, and it appeared he would continue in his role as acting president and CEO.

But instead, a line in the state's laws regarding state authorities meant that Driscoll take the position, no 'acting' added and no vote needed in the future. The law gives the Senate 60 days to take action on a nomination for certain authorities, including NYPA

"If the Senate fails to vote to confirm any such appointment within the time prescribed in this section, such appointment shall be deemed confirmed without any further action by the Senate," reads the Public Authorities Law, section 2852.

On Friday, a spokesperson for Governor Kathleen C. Hochul said Driscoll was elevated by an operation of law, but still garnered enough support to pass in the Senate Energy and Finance committees.

"The Governor is pleased he will continue in this role on a permanent basis with broad support from labor and environmental groups," the spokesperson said.

State Senator Mark C. Walczyk, R-Watertown, who sits on the Energy Committee and voted to advance Driscoll there, said he is happy to see Driscoll take leadership of NYPA on a permanent basis.

"I'm confident in his intellect and his desire to be a voice of reason as he leads the New York Power Authority," Walczyk said. "If the New York City Socialists don't like him, that's probably good news for the everyday New Yorkers who pay the electric bills."

Under Driscoll's now-permanent leadership, NYPA has begun setting priorities for its new role of expanding renewable energy resources in New York. On Thursday NYPA began the "conferral process," where officials hold meetings with other state agencies, labor groups, industry, ecology and climate experts and other stakeholders to map out a path forward.

"With Governor Hochul's leadership, we at the New York Power Authority will build upon our unique position and experience in operating the state's clean energy hydropower plants for the past sixty years to work with stakeholders and help shape the clean energy vision for New York state," Driscoll said in a news release. "The conferral process is the first step in our commitment to learn how we can best fill the gaps and put our distinct resources to work."