NY Pub Serv L § 166 (2021)
2021 New York Laws PBS - Public Service Article 10 - Siting of Major Electric Generating Facilities 166 - Parties to a Certification Proceeding.

§  166.  Parties  to a certification proceeding. 1. The parties to the certification proceedings shall include:  (a) The applicant;  (b) The department of environmental conservation;  (c) The department of economic development;  (d) The department of health;  (e) The department of agriculture and markets;  (f) The New York state energy research and development authority;  (g) The department of state;  (h) The office of parks, recreation and historic preservation;  (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 sixty-four 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 sixty-four of this article if he or  she  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;  (1)  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  the resident  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 or her intent to limit his or her 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 testimony or cross-examine witnesses or parties.   4.   The  presiding  officer  may  for  good  cause  shown,  permit  a municipality  or  other  person  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.