NY Pub Serv L § 144 (2021)
2021 New York Laws PBS - Public Service Article 8 - Siting of Major Steam Electric Generating Facilities 144 - Parties to a Certification Proceeding.

* § 144. Parties  to a certification proceeding. 1. The parties to the certification proceedings shall include:  (a) the applicant;  (b) the department of environmental conservation, which shall  in  any such  proceeding present expert testimony and information concerning the potential  environmental  impact  of  the  proposed  facility,  and  any alternate  facility  or energy source on the environment and whether and how such facility would  comply  with  applicable  state  and  municipal environmental protection laws, standards, rules and regulations;  (c) the department of commerce;  (d) the department of health;  (e) the department of agriculture and markets;  (f) the state energy office;  (g)  where  the facility or any portion thereof or of any alternate is to  be  located  within  its  jurisdiction,  the  Hudson  river   valley commission;  (h)  where  the facility or any portion thereof or of any alternate is to be located within its jurisdiction, the St. Lawrence-eastern  Ontario commission;  (i)  where  the facility or any portion thereof or of any alternate is to be located within the Adirondack park, as defined in subdivision  one of  section 9-0101 of the environmental conservation law, the Adirondack park agency;  (j) a municipality entitled to receive a copy of the application under paragraph (a) of subdivision two of section  one  hundred  forty-two  of this  article, if it has filed with the board a notice of intent to be a party, within forty-five days after the  date  given  in  the  published notice  as  the date for the filing of the application; any municipality entitled to  be  a  party  herein  and  seeking  to  enforce  any  local ordinance,  law,  resolution  or  other  action  or regulation otherwise applicable shall present evidence in support thereof or shall be  barred from the enforcement thereof;  (k)  any  individual  resident in a municipality entitled to receive a copy of the application  under  paragraph  (a)  of  subdivision  two  of section  one  hundred forty-two of this article if he has filed with the board a notice of intent to be a party, within forty-five days after the date given in the published  notice  as  the  date  for  filing  of  the application;  (l)  any  non-profit corporation or association, formed in whole or in part  to  promote  conservation  or  natural  beauty,  to  protect   the environment,  personal  health  or  other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups or to promote the orderly development of any  area in which the facility is to be located, if it has filed with the board a notice  of  intent  to  become a party, within forty-five days after the date given in the published  notice  as  the  date  for  filing  of  the application;  (m)  any  other  municipality or resident of such municipality located within a five mile radius of such proposed facility, if  it  or  he  has filed  with  the  board  a  notice  of  intent to become a party, within forty-five days after the date given in the published notice as the date for filing of the application;  (n) any other municipality or resident of such municipality which  the board  in  its  discretion  finds  to have an interest in the proceeding because of the potential environmental effects on such  municipality  or person,  if the municipality or person has filed with the board a notice of intent to become a party, within forty-five days after the date given in the published notice as the  date  for  filing  of  the  application,  together  with  an explanation of the potential environmental effects on such municipality or person; and  (o)  such  other persons or entities as the board may at any time deem appropriate, who  may  participate  in  all  subsequent  stages  of  the proceeding.   2.  The  department  shall  designate  members  of its staff who shall participate as a party in proceedings under this article.   3. Any person may make a  limited  appearance  in  the  proceeding  by filing  a  statement of his intent to limit his appearance in writing at any time prior to the  commencement  of  the  hearing.  All  papers  and matters  filed by a person making a limited appearance shall become part of the record.  No person making a limited appearance shall be  a  party or  shall  have  the  right  to  present oral testimony or cross-examine witnesses or parties.   4. The board may for good cause shown, permit a municipality  entitled to  become  a party under subdivision one of this section, but which has failed to file the requisite notice of intent within the time  required, to  become  a  party, and to participate in all subsequent stages of the proceeding.   * NB Expired January 1, 1989   * NB Operative with regard to applications filed on or before December          31, 1988   * NB There are 2 § 144's