NY Pub Serv L § 68 (2021)
2021 New York Laws PBS - Public Service Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity 68 - Certificate of Public Convenience and Necessity.

§ 68. Certificate  of public convenience and necessity. 1. Certificate required.  No  gas  corporation  or  electric  corporation  shall  begin construction  of  a  gas  plant  or  electric plant without first having obtained  the  permission  and  approval  of  the  commission.  No  such corporation  shall  exercise  any right or privilege under any franchise hereafter granted, or under any franchise  heretofore  granted  but  not heretofore  actually exercised, or the exercise of which shall have been suspended for more than  one  year,  without  first  having  obtained  a certificate   of   public   convenience  and  necessity  issued  by  the commission. Before such certificate shall be issued a certified copy  of the  charter  of  such  corporation  shall be filed in the office of the commission, together with a verified  statement  of  the  president  and secretary  of the corporation, showing that it has received the required consent of the proper municipal authorities. The commission  shall  have power  to grant the permission and approval herein specified whenever it shall after  due  hearing  determine  that  such  construction  or  such exercise  of  the  right,  privilege  or  franchise  is  convenient  and necessary for the public service. In making such  a  determination,  the commission  shall  consider the economic feasibility of the corporation, the corporation's ability to finance improvements  of  a  gas  plant  or electric  plant, render safe, adequate and reliable service, and provide just and reasonable rates, and whether issuance of a certificate  is  in the  public  interest.  Except  as provided in article fourteen-A of the general municipal law, no municipality shall build, maintain and operate for  other  than  municipal  purposes  any  works  or  systems  for  the manufacture  and  supplying  of gas or electricity for lighting purposes without a certificate of authority granted by  the  commission.  If  the certificate  of  authority  is  refused, no further proceedings shall be taken by such municipality before the commission, but a new  application may be made therefor after one year from the date of such refusal.   2.  Revocation  or  modification  of  certificate.  The commission may commence a proceeding, conducted in  accordance  with  the  commission's rules  and  regulations, to revoke or modify a combined electric and gas corporation's certificate as it relates to  such  corporation's  service territory   or  any  portion  thereof  based  on  findings  of  repeated violations of this chapter or rules or regulations adopted thereto  that demonstrate  a  failure  of such corporation to continue to provide safe and adequate service. Whenever the commission has reason to believe that such  corporation's  certificate  may  be  subject  to   revocation   or modification,  it  shall notify such corporation of the facts and nature of each act or failure to act allegedly warranting  such  revocation  or modification,  and  the statute, regulation or order allegedly violated, and otherwise consider the following factors:  (a) the factors identified in subdivision  one  of  this  section  for issuance of a certificate of public convenience and necessity;  (b)   whether  another  person,  firm  or  corporation  is  qualified, available, and prepared to provide alternative service that is  adequate to  serve  the public convenience and necessity, and that the transition to such alternative  person,  firm  or  corporation  is  in  the  public interest; and  (c)  upon  any  other standards and procedures deemed necessary by the commission to ensure continuity of safe and adequate  service,  and  due process.