NY Pub Serv L § 144-2 (2021)
2021 New York Laws PBS - Public Service Article 8* - Siting of Major Steam Electric Generating Facilities 144*2 - 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 impact of the proposed facility and any  alternative  facility or energy source on the environment, and whether and how such facilities would   comply   with   applicable  state  and  municipal  environmental protection laws, standards, policies, rules and regulations;  (c) the department of commerce;  (d) the department of health;  (e) the secretary of state;  (f) where the facility or any portion thereof or of any  alternate  is to   be  located  within  its  jurisdiction,  the  Hudson  river  valley commission;  (g) where the facility or any portion thereof or of any  alternate  is to  be located within its jurisdiction, the St. Lawrence-eastern Ontario commission;  (h) where the facility or any portion thereof or 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;  (i) a municipality entitled to receive a copy of the application under paragraph (a) of subdivision two of section one hundred forty-two, if it has  filed  with the commission a notice of intent to be a party, within ninety days after the date given in the published notice as the date for filing of the application;  (j) 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, if he has filed  with  the  commission  a notice  of intent to be a party, within ninety days after the date given in the published notice as the date for filing of the application;  (k) 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  may  be  located,  if  it  has  filed  with  the commission  a  notice  of  intent  to become a party, within ninety days after the date given in the published notice as the date for  filing  of the application;  (l)  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 commission a notice of intent to become a party, within ninety 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 which  the commission  or  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 commission  a  notice  of  intent  to become a party, within ninety 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  (n) such other persons or entities as the commission or board  may  at any  time deem appropriate, who may participate in all subsequent stages of the proceeding.    2. The department of public service shall  designate  members  of  its staff  who  may  present  evidence  concerning any relevant and material matter  and  shall  otherwise  participate  in  proceedings  under  this article.   3.  Any  person  may  make  a  limited appearance in the proceeding by filing a statement 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 or the commission may for  good  cause  shown,  permit  a municipality entitled to become a party under subdivision one, 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, 1979   * NB Operative with regard to applications filed on or before December          31, 1978   * NB There are 2 § 144's