NY Pub Serv L § 142-2 (2021)
2021 New York Laws PBS - Public Service Article 8* - Siting of Major Steam Electric Generating Facilities 142*2 - 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 commission  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) studies, identifying the author and date thereof, which have  been made  of  the  expected  environmental impact and safety of the project, both during its construction and its operation, including a  description of  (i)  the  gaseous,  liquid  and  solid  wastes to be produced by the facility, including their source, anticipated volumes,  composition  and temperature,  and  such  other attributes as the commission may specify, and the probable level of noise during construction and operation of the facility; and (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 concentration of  wastes  to be  released  to  the  environment under any operating conditions of the facility,  including  such  meteorological,   hydrological   and   other information  needed  to  support  such estimates; (iv) 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;  (c)  estimated cost information, including plant costs by account, all expenses by categories, including fuel  costs,  location  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;  (d)  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 and safety; (iv) how the facility conforms to a long-range plan  for  the  development  of  an  integrated statewide power system;  (e)  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; and  (f)  such  other information as the applicant may consider relevant or as may be required by  the  commission  or  the  board.  Copies  of  the application, including the required information, shall be filed with the commission and shall be available for public inspection.   2.  Each application shall be accompanied by proof of service, in such manner as the commission 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  ex  officio  member of the board and on the chairman of the board for transmission  to  the  appointed  member  as  soon  after  his appointment as practicable;   iii. the attorney general;   iv. the secretary of state;   v.  a  library  servicing  the  district  of  each member of the state legislature in which any portion of the facility is  to  be  located  as primarily proposed or in the alternative locations listed;   vi.  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;   vii.  in  the event such facility or any portion thereof, as primarily proposed or in other alternative locations listed, is located within its jurisdiction, the St. Lawrence-eastern Ontario commission.   viii. 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 commission, 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 commission 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 shall not be jurisdictional and may be cured pursuant to  regulations  of  the commission  designed  to  afford  such persons adequate notice to enable them to participate effectively in  the  proceeding.  In  addition,  the commission  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 commission may deem appropriate.   4.  An  application for an amendment of a certificate shall be in such form and contain information as the commission shall  prescribe.  Notice of such an application shall be given as set forth in subdivision two.   5.  If  an  alternative  location,  not  listed in the application, is proposed in  the  certification  proceeding,  notice  of  such  proposed alternative site shall be given as set forth in subdivision two.   6.  a.  Each  application shall be accompanied by a fee of twenty-five thousand dollars to be used to  establish  a  fund  (hereafter  in  this section  referred  to  as  the  "fund")  to  defray expenses incurred by municipal parties to the proceeding (except a municipality which is  the applicant)  for expert witness and consultant fees. The commission 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  twenty-five thousand dollar fee required by paragraph a shall be deposited in one or more separate accounts in one or  more  banks  of the  commission's  choosing  insured  by  the  federal deposit insurance corporation. Notwithstanding any other provision of law to the contrary, the commission 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  monies  from  such  fund  for uses specified in this section.   * NB Expired January 1, 1979   * NB Operative with regard to applications filed on or before December          31, 1978   * NB There are 2 § 142's