NY Pub Serv L § 123 (2021)
2021 New York Laws PBS - Public Service Article 7 - Siting of Major Utility Transmission Facilities 123 - Hearing on Application for Certificate.

§ 123. Hearing  on application for certificate. 1. Upon the receipt of an application with  respect  to  an  electric  transmission  line  that complies  with  section  one  hundred  twenty-two,  the commission shall promptly fix a date for the commencement of a public hearing thereon not less than sixty nor more than ninety days after such receipt. Except  as otherwise  provided  in section one hundred twenty-one-a of this article upon  the  receipt  of  an  application  with  respect  to  a  fuel  gas transmission line that complies with section one hundred twenty-two, the commission  shall  promptly  fix a date for the commencement of a public hearing thereon not less than twenty nor more than sixty days after such receipt. The testimony presented at such hearing  may  be  presented  in writing  or orally, provided that the commission may make rules designed to exclude repetitive, redundant or irrelevant testimony. The commission shall make a record of all testimony in all contested hearings.   2. On an application for an amendment of a certificate, the commission shall hold a hearing in the same manner as  a  hearing  is  held  on  an application  for  a  certificate  if  the  change  in the facility to be authorized would result in any material increase  in  any  environmental impact of the facility or a substantial change in the location of all or a  portion of such facility other than as provided in the alternates set forth in the application.   * 3. Unless otherwise stipulated by the applicant:  (a) proceedings on an application for  a  major  utility  transmission facility  as  defined  in  paragraph a of subdivision two of section one hundred twenty of this article  shall  be  completed  in  all  respects, including  a final decision by the commission, within twelve months from the date of a determination by the secretary of the commission  that  an application  complies  with  section  one  hundred  twenty-two  of  this article; provided, however, the commission may extend  the  deadline  in reasonable  circumstances  by  no  more than six months in order to give consideration to  specific  issues  necessary  to  develop  an  adequate record,  because  the  applicant  has  been  unable  to obtain necessary approvals and/or consents related to  highway  crossings  or  for  other reasons  deemed  in  the  public interest. The commission shall render a final decision on the application by the aforementioned deadlines unless such deadlines are waived by the applicant or if the  applicant  notices the application for settlement, in which case the timeframes established in this paragraph are tolled until such time that settlement discussions are  suspended.  If,  at  any time subsequent to the commencement of the hearing, there  is  a  substantive  and  significant  amendment  to  the application,  the  commission shall promptly fix a date for commencement of a public hearing thereon, such public hearing to  commence  no  later than  sixty  days  after receipt of such amendment. The commission shall issue a final decision thereon  no  later  than  six  months  after  the conclusion  of the public hearing, unless such deadline is waived by the applicant.  (b) the commission shall, for the purpose  of  meeting  the  goals  of chapter one hundred six of the laws of two thousand nineteen, promulgate rules  or  regulations to establish an expedited process for proceedings on applications for a major utility transmission facility as defined  in paragraph  a  of  subdivision  two of section one hundred twenty of this article that (i) would be  constructed  within  existing  rights-of-way, (ii)  the  commission  determines in consultation with the department of environmental conservation would not result in any  significant  adverse environmental  impacts  considering current uses and conditions existing at  the  site,  or  (iii)  would  necessitate  expanding  the   existing rights-of-way  but  such  expansion is only for the purpose of complying  with law, regulations, or industry practices relating to electromagnetic fields.  (c)  for  purposes of this subdivision, the following terms shall have the following meanings:  (i) "Expedited process"  shall  mean  a  process  for  proceedings  on applications   for  a  major  electric  transmission  facility  that  is completed in all respects, including a final decision by the commission, within nine months from the date of a determination by the secretary  of the  commission  that  an  application complies with section one hundred twenty-two of this article; provided, however,  that  if  the  applicant notices  the  application  for  settlement, the timeframe established in this  paragraph  shall  be  tolled  until  such  time  that   settlement discussions are suspended.  (ii)  "Right-of-way"  shall  mean  (a)  real  property that is used or authorized to be  used  for  electric  utility  purposes,  or  (b)  real property  owned or controlled by or under the jurisdiction of the state, a distribution utility, or a state public authority including  by  means of  ownership,  lease or easement, that is used or authorized to be used for transportation or canal purposes.   * NB Effective until December 31, 2030   * 3.  Unless  otherwise  stipulated  by   the   applicant,   a   final determination  regarding  an  application for a certificate to construct transmission  facilities  for  interconnection  with   a   wind   energy production  facility  located  in  the county of Lewis shall be rendered within six months from the date of receipt of a compliant application.   * NB Effective December 31, 2030