NY Pub Serv L § 145 (2021)
2021 New York Laws PBS - Public Service Article 8 - Siting of Major Steam Electric Generating Facilities 145 - Conduct of Hearing.

* § 145. Conduct  of  hearing. 1. The hearing shall be conducted in an   expeditious manner by a presiding examiner appointed by the  department.   An  associate  hearing  examiner shall be appointed by the department of   environmental conservation prior to the date set for commencement of the   public hearing. The associate examiner  shall  attend  all  hearings  as   scheduled  by  the  presiding examiner and he shall assist the presiding   examiner in inquiring into and calling for testimony concerning relevant   and  material  matters.  The  conclusions  and  recommendations  of  the   associate  examiner shall be incorporated in the recommended decision of   the presiding examiner, unless the associate examiner prefers to  submit   a   separate   report   of  dissenting  or  concurring  conclusions  and   recommendations.The testimony presented at a hearing may be presented  in  writing  or   orally.  The  board  may  require  any  state  agency  to provide expert   testimony on specific subjects where its personnel  have  the  requisite   expertise  and such testimony is considered necessary to the development   of an adequate record. A record shall be made of the hearing and of  all   testimony  taken  and  the  cross-examinations  thereon.  The  rules  of   evidence applicable to proceedings before a court shall not  apply.  The   presiding   examiner   may   provide   for   the  consolidation  of  the   representation of parties, other than governmental bodies  or  agencies,   having similar interests. In the case of such a consolidation, the right   to  counsel  of its own choosing shall be preserved to each party to the   proceeding provided that the consolidated group may be  required  to  be   heard  through  such  reasonable  number  of  counsel  as  the presiding   examiner shall determine. Appropriate regulations shall be issued by the   board to provide for prehearing discovery procedures  by  parties  to  a   proceeding,   consolidation   of  the  representation  of  parties,  the   exclusion of irrelevant, repetitive, redundant or  immaterial  evidence,   and the review of rulings by presiding examiners.2.  A  copy  of the record shall be made available by the board at all   reasonable times for examination by the public.3. The chairman of the board may  enter  into  an  agreement  with  an   agency or department of the United States having concurrent jurisdiction   over  all or part of the location, construction, or operation of a major   steam electric generating facility subject to this article with  respect   to  providing  for joint procedures and a joint hearing of common issues   on a combined record, provided that such agreement  shall  not  diminish   the rights accorded to any party under this article.4.  The  presiding  examiner  shall  cause  proffered  testimony to be   received on alternate site and source proposals provided notice  of  the   intent to submit such testimony shall be given within such period as the   board shall prescribe by regulation, which period shall be not less than   thirty  nor  more than sixty days after the commencement of the hearing.   Nevertheless, in its discretion, the board may thereafter  cause  to  be   considered  other  potential sites and sources and cause testimony to be   accepted thereon.5. Notwithstanding the provisions of subdivision four of this section,   the board may, by regulation, promulgate procedures to permit  a  prompt   determination  by  the  board  on  the  sufficiency  of  the applicant's   consideration and evaluation of alternatives to  its  proposed  type  of   major  steam  electric generating facility and its proposed location for   that facility before resolution of other issues  pertinent  to  a  final   determination  on the application. Such procedures shall assure that all   interested parties have reasonable opportunity to question  and  present   evidence  in  support  of  or  against  the  merits  of  the applicant's   consideration and evaluation of alternatives, so that the board is  able    to  decide,  in  the first instance, whether the applicant's proposal is   preferable to alternatives.* NB Expired January 1, 1989* NB Operative with regard to applications filed on or before December31, 1988* NB There are 2 § 145's