2023 New York Laws › PBS - Public Service › Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity › 68 - Certificate of Public Convenience and Necessity.

§ 68. Certificate  of public convenience and necessity. 1. Certificate
required.  No  gas  corporation  or  electric  corporation  shall  begin
construction  of  a  gas  plant  or  electric plant without first having
obtained  the  permission  and  approval  of  the  commission.  No  such
corporation  shall  exercise  any right or privilege under any franchise
hereafter granted, or under any franchise  heretofore  granted  but  not
heretofore  actually exercised, or the exercise of which shall have been
suspended for more than  one  year,  without  first  having  obtained  a
certificate   of   public   convenience  and  necessity  issued  by  the
commission. Before such certificate shall be issued a certified copy  of
the  charter  of  such  corporation  shall be filed in the office of the
commission, together with a verified  statement  of  the  president  and
secretary  of the corporation, showing that it has received the required
consent of the proper municipal authorities. The commission  shall  have
power  to grant the permission and approval herein specified whenever it
shall after  due  hearing  determine  that  such  construction  or  such
exercise  of  the  right,  privilege  or  franchise  is  convenient  and
necessary for the public service. In making such  a  determination,  the
commission  shall  consider the economic feasibility of the corporation,
the corporation's ability to finance improvements  of  a  gas  plant  or
electric  plant, render safe, adequate and reliable service, and provide
just and reasonable rates, and whether issuance of a certificate  is  in
the  public  interest.  Except  as provided in article fourteen-A of the
general municipal law, no municipality shall build, maintain and operate
for  other  than  municipal  purposes  any  works  or  systems  for  the
manufacture  and  supplying  of gas or electricity for lighting purposes
without a certificate of authority granted by  the  commission.  If  the
certificate  of  authority  is  refused, no further proceedings shall be
taken by such municipality before the commission, but a new  application
may be made therefor after one year from the date of such refusal.
2.  Revocation  or  modification  of  certificate.  The commission may
commence a proceeding, conducted in  accordance  with  the  commission's
rules  and  regulations, to revoke or modify a combined electric and gas
corporation's certificate as it relates to  such  corporation's  service
territory   or  any  portion  thereof  based  on  findings  of  repeated
violations of this chapter or rules or regulations adopted thereto  that
demonstrate  a  failure  of such corporation to continue to provide safe
and adequate service. Whenever the commission has reason to believe that
such  corporation's  certificate  may  be  subject  to   revocation   or
modification,  it  shall notify such corporation of the facts and nature
of each act or failure to act allegedly warranting  such  revocation  or
modification,  and  the statute, regulation or order allegedly violated,
and otherwise consider the following factors:
(a) the factors identified in subdivision  one  of  this  section  for
issuance of a certificate of public convenience and necessity;
(b)   whether  another  person,  firm  or  corporation  is  qualified,
available, and prepared to provide alternative service that is  adequate
to  serve  the public convenience and necessity, and that the transition
to such alternative  person,  firm  or  corporation  is  in  the  public
interest; and
(c)  upon  any  other standards and procedures deemed necessary by the
commission to ensure continuity of safe and adequate  service,  and  due
process.