Power line bids due Wednesday
Some plans to transmit energy to NYC area run through Capital Region
Wednesday marks the deadline for companies bidding on a major transmission line to feed the future green energy needs of the New York City area, and at least two proposals would run lines in the Hudson River through the Capital Region.
The final proposals to the New York State Energy Research and Development Authority are due at 3 p.m. The Authority is expected to pick the final awards during the third quarter, or this summer.
NYSERDA won’t name all the potential bidders until the process is completed. And several of the companies known to be interested didn’t respond to a call on Tuesday.
But one bidder said 14 potential bidders expressed an interest during a recent webinar on the process.
“We’re anticipating it’s going to be a very competitive situation,” said Clint Fuller, CEO of Rise Light and Power, one of the expected bidders.
Rise is proposing a Catskills Renewable Connector, which would bring solar and wind power from across upstate to the city via a line that would enter the Hudson River in Greene or southern Albany County.
It’s one of at least two proposals that would place a power transmission line of up to 3,600 megawatts in the Hudson River running down to New York City.
Another is the proposed Champlain Hudson Power Express proposed by Transmission Developers Inc. That line would carry hydroelectric power generated in northern Quebec down through Lake Champlain and
for the chip design company Qualcomm in California.
Scientists patent their inventions to protect their exclusive right to either use the technology or license it other companies. They are usually required to assign the patent in the name of their employer, which provided them the means and equipment to do the research.
In academic settings, the university, or in this case the Research Foundation, shares a portion of any revenue stream from the patent with the inventor, although making money is expensive, requiring the hiring of intellectual property firms to market licenses.
What often happens is that a company will use a certain technology or even a method of manufacturing already covered by a patent — either knowingly or not — and the patent-holder must hire attorneys to demand licensing fees or sue the company.
“Despite being put on notice by the plaintiffs that third parties are infringing the patent associated with the invention, the defendants have failed to enforce the patent or to negotiate a license with the infringing parties,” Kaloyeros’ attorney Michael Miller of Steptoe & Johnson in New York City argued in the lawsuit, which was filed in February 2020 in Albany.
The cobalt patent that Kaloyeros and Londergan assigned to the Research Foundation actually expired earlier this year, about a year after the lawsuit was filed. Therefore they would have to be compensated on the potential licensing fees they would have earned during the lifetime of the patent, which would have to be proved in court.
Miller argued against the Research Foundation’s motion to dismiss the case on April 7 during virtual oral arguments before Acting State Supreme Court Justice Richard Platkin.
The Research Foundation argued that it didn’t have a contractual obligation to commercialize the patent. Platkin decided, though, that Kaloyeros’ case has a “viable claim” and that the lawsuit should proceed against the Research Foundation.
“We are looking forward to moving ahead with the next stage of this important litigation, including obtaining relevant documents from SUNY and the Research Foundation and obtaining testimony from the key decision makers at those organizations,” Miller said.
Research Foundation spokesman Peter Taubkin declined comment but noted that Platkin did dismiss two minor claims that were originally part of the lawsuit.
In late, 2018, a federal court judge sentenced Kaloyeros to 3½ years in prison, saying he steered $855 million in bids for state contracts to contributors of Gov. Andrew Cuomo in order to score “brownie points” with the governor to maintain his status as one of the highest-compensated employees in the state.
Kaloyeros, of Slingerlands, and several business executives from around upstate were convicted of wire fraud and wire fraud conspiracy.
Miller, who represented Kaloyeros in his criminal case, declined to comment Tuesday on the status or potential outcome of Kaloyeros’ appeal before the U.S. Court of Appeals for the Second Circuit in Manhattan, which was argued 14 months ago.
Kaloyeros could not be reached for comment.