2023 New York Laws › PBS - Public Service › Article 7 - Siting of Major Utility Transmission Facilities › 124 - Parties to Certification Proceedings.

§ 124. Parties  to  certification  proceedings.  1. The parties to the
certification proceedings shall include:
(a) the applicant
(b) the department of environmental conservation
(c) the department of commerce
(d) the secretary of state.
(e) the department of agriculture and markets.
(f) the office of parks, recreation and historic preservation.
(g) where the facility or any portion thereof or of any  alternate  is
to be located within its jurisdiction, the Tug Hill 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 notice under paragraph  (a)  of
subdivision  two of section one hundred twenty-two, if it has filed with
the commission a notice of intent to be  a  party,  within  thirty  days
after  the  date  given  in  the  notice  as  the date for filing of the
application.
(j) any individual resident in  a  municipality  entitled  to  receive
notice  under  paragraph  (a)  of subdivision two of section one hundred
twenty-two, if he has filed with the commission a notice of intent to be
a party, within thirty days after the date given in the published notice
as the date for filing of the application.
(k) any domestic 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 the areas
in which the facility is to  be  located,  if  it  has  filed  with  the
commission  a  notice  of  intent  to become a party, within thirty days
after the date given in the published notice as the date for  filing  of
the application.
(l)  such  other persons or entities as the commission may at any time
deem appropriate.
2. The commission shall designate such members of its staff as may  be
desirable to represent the public interest in such proceedings.
3.  Any  person  may  make  a  limited  appearance  in the proceeding,
entitling such person to file a statement in writing, by filing  a  copy
of  such  statement  within  sixty  days  after  the  date  given in the
published notice as the date for filing the application. 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  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.
5.  Notwithstanding  the  time limits set forth in paragraphs (i), (j)
and (k) of subdivision one and in subdivision three of this  section,  a
person   shall   file   the  notice  or  statement  described  in  those
subdivisions within fifteen days after the date given in  the  published
notice  as  the date for filing the application, when the application is
one with respect to a fuel gas transmission line as defined  in  section
one hundred twenty.