NY Pub Serv L § 122 (2021)
2021 New York Laws PBS - Public Service Article 7 - Siting of Major Utility Transmission Facilities 122 - Application for a Certificate.

§ 122. Application   for   a   certificate.  1.  An  applicant  for  a certificate shall file with the commission an application, in such  form as  the  commission may prescribe, containing the following information: (a) the location of the site or right-of-way; (b) a description  of  the transmission  facility to be built thereon; (c) a summary of any studies which have been made of the environmental impact of the project,  and  a description of such studies; (d) a statement explaining the need for the facility;  (e)  a  description  of  any reasonable alternate location or locations for the proposed facility, a description  of  the  comparative merits and detriments of each location submitted, and a statement of the reasons  why  the  primary  proposed  location  is  best  suited for the facility; and (f) such other information as the applicant  may  consider relevant  or the commission may by regulation require. Copies of all the studies referred to in (c) above shall be filed with the commission  and shall be available for public inspection.   2. Each application shall be accompanied by proof of service of: (a) a copy of such application on:   i.  each  municipality  in which any portion of such facility is to be located, both as primarily proposed and  in  the  alternative  locations listed.  Notice  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.  the  commissioner of environmental conservation, the commissioner of economic development, the secretary of  state,  the  commissioner  of agriculture  and  markets  and the commissioner of parks, recreation and historic preservation;   iii. each  member  of  the  legislature  through  whose  district  the facility or any alternate proposed in the application would pass;   iv.  in  the  event  such  facility  or any portion thereof is located within its jurisdiction, the Tug Hill commission;   v. in the event such facility or any portion thereof 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 persons residing in municipalities entitled to receive notice 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 newspapers as will serve substantially  to  inform the public of such application.  (c)  to  the  greatest  extent  practicable, each landowner of land on which any portion of such proposed facility is to be  located  shall  be served  by first class mail with a notice that such landowner's property may be impacted by a project, including a description of the project and an explanation of how to file with the commission a notice of intent  to be a party to the certification proceedings and the timeframe for filing such application.   3.  Inadvertent  failure  of  service  on  any  of the municipalities, persons, agencies, bodies or commissions named in subdivision two 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  such  information as the commission shall prescribe.  Notice of such an application shall be given as set forth in subdivision two.   5.  (a)  For every application deemed complete by the commission after the effective date  of  this  subdivision,  each  application  shall  be accompanied  by  a fee in an amount equal to: for electric major utility transmission facilities of one hundred  twenty-five  kilovolts  or  more extending  a  distance  of  over  one  hundred miles, four hundred fifty thousand dollars; for electric major utility transmission facilities  of one  hundred  twenty-five kilovolts or more extending a distance of over fifty miles to one hundred miles, three hundred fifty thousand  dollars; for  electric  major  utility  transmission  facilities, requiring a new right of way and one hundred twenty-five kilovolts or more  extending  a distance  of ten miles to fifty miles, one hundred thousand dollars; for electric major utility transmission  facilities  utilizing  an  existing right  of  way and one hundred twenty-five kilovolts or more extending a distance of ten miles to fifty miles, fifty thousand dollars.  All  such fees  shall be deposited in the intervenor account, established pursuant to section ninety-seven-tt of the state finance law, to be disbursed  at the commission's direction, to defray expenses incurred by municipal and other  parties  to  the  proceeding  (except a municipality which is the applicant) for expert  witness,  consultant,  administrative  and  legal fees,  provided,  however,  such  expenses  shall  not  be available for judicial review. If  at  any  time  subsequent  to  the  filing  of  the application,  the  application  is  amended  in  a  manner that warrants substantial  additional  scrutiny,  the  commission   may   require   an additional  intervenor  fee  in  an  amount  not  to  exceed one hundred twenty-five  thousand  dollars.  The  commission   shall   provide   for transcripts,   the  reproduction  and  service  of  documents,  and  the publication of required notices, for municipal and other local  parties, in  all  appropriate  languages.  Any moneys remaining in the intervenor account after the commission's  jurisdiction  over  an  application  has ceased shall be returned to the applicant.  (b)  Notwithstanding  any  other provision of law to the contrary, the commission shall provide by rules and regulations for the management  of the  intervenor  account  and  for disbursements from the account, which rules and regulations shall be  consistent  with  the  purpose  of  this section  to make available to municipal parties at least one-half of the amount of the intervenor account and for uses specified in paragraph (a) of this subdivision. In addition, the  commission  shall  provide  other parties  up  to  one-half  of  the  amount  of  the  intervenor account, provided, however, that the commission shall assure  that  the  purposes for  which  moneys  in  the  intervenor  account  will  be expended will contribute to an informed decision as to the appropriateness of the site and facility and are made available on an equitable basis  in  a  manner which facilitates broad public participation.