NY Pub Serv L § 142 (2021)
2021 New York Laws PBS - Public Service Article 8 - Siting of Major Steam Electric Generating Facilities 142 - Application for a Certificate.

* § 142. Application   for  a  certificate.  1.  An  applicant  for  a certificate shall file with the chairman of the board an application, in such  form  as  the  board  may  prescribe  containing   the   following information and materials:  (a)  a description of the site and a description of the facility to be built thereon; including available site information, including maps  and description,  present  and  proposed  development,  source and volume of water required for plant operation  and  cooling,  and  as  appropriate, geological,  aesthetic,  ecological, tsunami, seismic, biological, water supply, population and load center data;  (b) a description of any reasonable alternate  location  or  locations for, and alternate practical sources of power to, the proposed facility; a  description  of  the comparative advantages and disadvantages of each such location and source; and a statement of the reasons why the primary proposed location and source is best suited to promote the public health and welfare, including the recreational and other concurrent uses  which the site may serve;  (c)  studies, identifying the author and date thereof, which have been made of the expected environmental impact and safety  of  the  facility, both  during  its  construction  and  its  operation,  which studies are sufficient to identify (i) the anticipated  gaseous,  liquid  and  solid wastes   to   be  produced  at  the  facility  including  their  source, anticipated  volumes,  composition  and  temperature,  and  such   other attributes  as  the  board  may  specify and the probable level of noise during construction and operation of the facility;  (ii)  the  treatment processes to reduce wastes to be released to the environment, the manner of  disposal for wastes retained and measures for noise abatement; (iii) the anticipated volumes of wastes to  be  released  to  the  environment under   any   operating   condition  of  the  facility,  including  such meterological, hydrological and other information needed to support such estimates;  (iv)  conceptual   architectural   and   engineering   plans indicating  compatibility  of the facility with the environment; and (v) how  the  construction  and  operation  of   the   facility,   including transportation  and  disposal  of wastes would comply with environmental health and safety standards, requirements, regulations and  rules  under state  and  municipal  laws,  and  a  statement  why  any  variances  or exceptions should be granted;  (d) estimated cost information, including plant costs by account,  all expenses  by  categories  including  fuel  costs, plant service life and capacity factor and total generating cost  per  kilowatt-hour,  both  at plant  and  including  related  transmission,  and  comparative costs of alternatives considered;  (e) a statement explaining the need for  the  facility  including  (i) reasons  that  the  facility  is  necessary  or desirable for the public welfare and is not incompatible with health and safety;  (ii)  the  load demands  which  the facility is designed to meet; (iii) how the facility will contribute to system reliability, safety and efficiency;  and  (iv) that  the facility conforms to the current long range electric forecasts of the energy planning board; and  (f) such other information as the applicant may consider  relevant  or as  may  be  required by the board. Copies of the application, including the required information, shall be filed with the  board  and  shall  be available for public inspection.   2.  Each application shall be accompanied by proof of service, in such manner as the board shall prescribe, of: (a) a copy of such  application on  (i)  each  municipality in which any portion of such facility is to be located as primarily proposed or in the  alternative  locations  listed.  Such  copy  to  a municipality shall be addressed to the chief executive officer thereof and shall  specify  the  date  on  or  about  which  the application is to be filed;  (ii) each member of the board;  (iii) the department of health;  (iv) the department of commerce;  (v) the department of agriculture and markets;  (vi) the secretary of state;  (vii) the attorney general;  (viii) the department of transportation;  (ix)  a  library  serving  the  district  of  each member of the state legislature in whose district any portion  of  the  facility  is  to  be located as primarily proposed or in the alternative locations listed;  (x)  in  the  event  such facility or any portion thereof as primarily proposed or in the alternative locations listed is  located  within  its jurisdiction, the Hudson river valley commission;  (xi)  in  the  event such facility or any portion thereof as primarily proposed or in the alternative locations listed is  located  within  its jurisdiction, the St. Lawrence-eastern Ontario commission; and  (xii)  in  the  event  that  such  facility  or any portion thereof as primarily proposed or in the alternative  locations  listed  is  located within  the  Adirondack  park,  as defined in subdivision one of section 9-0101 of  the  environmental  conservation  law,  the  Adirondack  park agency.  (b) a notice of such application on  (i)  persons  residing in municipalities entitled to receive a copy of the  application  under  subparagraph  (i)  of  paragraph  (a)  of  this subdivision.  Such notice shall be given by the publication of a summary of  the  application and the date on or about which it will be filed, to be published under regulations to be promulgated by the board,  in  such form  and in such newspaper or newspapers as will serve substantially to inform the public of such application;  (ii) each member of  the  state  legislature  in  whose  district  any portion of the facility is to be located as primarily proposed or in the alternative locations listed; and  (iii)  persons  who  have  filed a statement with the board within the past twelve months that they wish to receive all such notices concerning facilities in the area in  which  the  facility  is  to  be  located  as primarily proposed or in the alternative locations listed.   3.  Inadvertent  failure  of  service  on  any  of the municipalities, persons, agencies, bodies or commissions named  in  subdivision  two  of this  section  shall not be jurisdicational and may be cured pursuant to regulations of the board designed to afford such persons adequate notice to  enable  them  to  participate  effectively  in  the  proceeding.  In addition,  the  board  may, after filing, require the applicant to serve notice of the application or copies thereof  or  both  upon  such  other persons and file proof thereof as the board may deem appropriate.   4.  The  board  shall prescribe the form and content of an application for an amendment of a certificate to be issued hereunder. Notice of such an application shall be given as set forth in subdivision  two  of  this section.   5.  If  an  alternative  location  not  listed  in  the application is proposed in  the  certification  proceeding,  notice  of  such  proposed alternative  shall  be  given  as  set  forth in subdivision two of this section.   6. (a) Each application shall be accompanied by a fee of  one  hundred fifty thousand dollars to be used to establish a fund (hereafter in this section  referred  to  as  the  "fund")  to  be disbursed at the board's  direction, to defray expenses incurred  by  municipal  and  other  local parties to the proceeding (except a municipality which is the applicant) for  expert  witness  and  consultant  fees.  The  board  shall  provide transcripts,   reproduce  and  serve  documents,  and  publish  required notices, for municipal parties. Any monies remaining in the fund,  after the  board  has issued its decision on an application under this article and the time for applying  for  a  rehearing  and  judicial  review  has expired, shall be returned to the applicant.  (b)  The  one  hundred fifty thousand dollar fee required by paragraph (a) of this subdivision shall be  deposited  in  one  or  more  separate accounts  in  one  or  more banks of the board's choosing insured by the federal  deposit  insurance  corporation.  Notwithstanding   any   other provision  of  law to the contrary, the board shall provide by rules and regulations for the management of the fund, for disbursements  from  the fund, and for the proper auditing of monies in the fund, which rules and regulations shall be consistent with the purpose of this section to make available  to municipal parties up to seventy-five thousand dollars from such fund for uses specified in this section.  In  addition,  the  board shall  provide  other local parties up to seventy-five thousand dollars, provided however, that the board shall assure that such funds  are  made available  on  an  equitable  basis  in a manner which facilitates broad public participation.   7. (a) The applicant shall also file with the chairman of  the  board, either  concurrently  with its application under subdivision one of this section or in a separate  document  to  be  incorporated  therein,  such evidence  as  will  enable  the  board  to evaluate the facility's water intake and discharge systems and  to  reach  a  determination  to  issue therefor,  subject  to  appropriate conditions and limitations, a permit under section four hundred two to the Federal  Water  Pollution  Control Act  amendments  of nineteen hundred seventy-two (33 U.S.C. § 1342; P.L. 92-500. § 286 Stat. 880), as amended.  (b) After public notice and an opportunity to comment, the board shall promulgate such regulations as  may  be  necessary  to  implement,  with respect  to  major  steam  electric  generating  facilities,  the permit program  of  the  national  pollutant   discharge   elimination   system established  pursuant  to  section four hundred two of the Federal Water Pollution Control Act amendments of nineteen hundred  seventy-two.  Such regulations  shall  be  consistent  with  any state program requirements established by the United States  environmental  protection  agency  for state  participation  in  the  national  pollutant discharge elimination system  permit  program  and  shall   include   procedures   for   early consideration  and  such  prompt  determination as is feasible of issues arising under such permit program.   * NB Expired January 1, 1989   * NB Operative with regard to applications filed on or before December          31, 1988   * NB There are 2 § 142's