2023 New York Laws › PBS - Public Service › Article 10 - Siting of Major Electric Generating Facilities › 166 - Parties to a Certification Proceeding.

§  166.  Parties  to a certification proceeding. 1. The parties to the
certification proceedings shall include:
(a) The applicant;
(b) The department of environmental conservation;
(c) The department of economic development;
(d) The department of health;
(e) The department of agriculture and markets;
(f) The New York state energy research and development authority;
(g) The department of state;
(h) The office of parks, recreation and historic preservation;
(i) Where the facility or any portion thereof or of 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;
(j) A municipality entitled to receive a copy of the application under
paragraph  (a)  of  subdivision two of section one hundred sixty-four of
this article, if it has filed with the board a notice of intent to be  a
party,  within  forty-five  days  after  the date given in the published
notice as the date for the filing of the application;  any  municipality
entitled  to  be  a  party  herein  and  seeking  to  enforce  any local
ordinance, law, resolution  or  other  action  or  regulation  otherwise
applicable  shall present evidence in support thereof or shall be barred
from the enforcement thereof;
(k) Any individual resident in a municipality entitled  to  receive  a
copy  of  the  application  under  paragraph  (a)  of subdivision two of
section one hundred sixty-four of this article if he or  she  has  filed
with  the board a notice of intent to be a party, within forty-five days
after the date given in the published notice as the date for  filing  of
the application;
(1)  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 is to be located, if it has filed with the board a
notice  of  intent  to  become a party, within forty-five 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 located
within a five mile radius of  such  proposed  facility,  if  it  or  the
resident  has filed with the board a notice of intent to become a party,
within forty-five days after the date given in the published  notice  as
the date for filing of the application;
(n)  Any other municipality or resident of such municipality which the
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 board a  notice
of intent to become a party, within forty-five 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
(o)  Such  other persons or entities as the board may at any time deem
appropriate, who  may  participate  in  all  subsequent  stages  of  the
proceeding.
2.  The  department  shall  designate  members  of its staff who shall
participate as a party in proceedings under this article.
3. Any person may make a  limited  appearance  in  the  proceeding  by
filing  a  statement of his or her intent to limit his or her appearance

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 testimony or cross-examine
witnesses or parties.
4.   The  presiding  officer  may  for  good  cause  shown,  permit  a
municipality  or  other  person  entitled  to  become  a   party   under
subdivision  one  of  this  section,  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.