New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter X - Certification Of Major Electric Generating Facilities › Subchapter A - Regulations Implementing Article 10 Of The Public Service Law As Enacted By Chapter 388, Section 12, Of The Laws Of 2011 › Part 1000 - General Procedures › Section 1000.10 - Fund for municipal and local parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pre-application provisions.
(1) Each pre-application preliminary scoping
				  statement shall be accompanied by an intervenor fee in an amount equal to $350
				  for each 1,000 kilowatts of generating capacity of the subject facility, but no
				  more than $200,000.
(2) All
				  intervenor fees submitted with each preliminary scoping statement and
				  application, as well as any intervenor fee required to be submitted when a
				  pre-application scoping statement or application is amended, shall be deposited
				  in an intervenor account, established pursuant to section 97-kkkk  of the State
				  Finance Law.
(3) Following the
				  filing of a preliminary scoping statement, the presiding examiner or the
				  secretary shall issue a notice of availability of pre-application intervenor
				  funds providing a schedule and related information describing how interested
				  members of the public may apply for pre-application funds. Requests for
				  pre-application funds shall be submitted to the presiding examiner not later
				  than 30 days after the issuance of the notice of the availability of
				  pre-application intervenor funds.
(4) An initial pre-application meeting to
				  consider fund requests shall be convened within no less than 45 days but no
				  more than 60 days of the filing of a preliminary scoping statement. At any
				  pre-application meeting that may be held to consider fund requests,
				  participants should be prepared to discuss their funding applications and the
				  award of funds. Participants are encouraged to consider the consolidation of
				  requests with similar funding proposals of other participants.
(5) If the pre-application preliminary
				  scoping statement is substantially modified or revised subsequent to its
				  filing, the board may require an additional pre-application intervenor fee in
				  an amount not to exceed $25,000. In such circumstances, the presiding examiner
				  may make awards of the additional funds, on an equitable basis, in relation to
				  the potential for such awards to make an effective contribution to review of
				  the preliminary scoping statement, thereby providing early and effective public
				  involvement.
(6) Each request for
				  pre-application funds shall be filed with the secretary and submitted to the
				  presiding examiner, with copies to other interested persons, as identified by
				  the secretary or presiding examiner.
(7) The presiding examiner shall reserve at
				  least 50 percent of the pre-application funds for potential awards to
				  municipalities.
(8) Following
				  receipt of initial requests for pre-application funds, the presiding examiner
				  shall expeditiously make an initial award of pre-application funds, and
				  thereafter may make additional awards of pre-application funds, in relation to
				  the potential for such awards to make an effective contribution to review of
				  the preliminary scoping statement, thereby encouraging early and effective
				  public involvement.
(9) The
				  presiding examiner shall award funds on an equitable basis to participants
				  during the pre-application phase whose requests comply with the provisions of
				  this section, provided use of the funds will make an effective contribution to
				  review of the preliminary scoping statement, and thereby provide early and
				  effective public involvement.
(10)
				  Subject to the availability of funds, the presiding examiner may fix additional
				  dates for submission of fund requests.
(11) On a quarterly basis, unless otherwise
				  required by the presiding examiner, any person receiving an award of funds
				  shall submit to the presiding examiner, and file with the secretary, a report:
(i) detailing an accounting of the monies
				  that have been spent; and
(ii)
				  showing:
(a) the results of any studies and a
				  description of any activities conducted using such funds;
(b) whether the purpose for which the funds
				  were awarded has been achieved; or
(c) if the purpose for which the funds were
				  awarded has not been achieved, whether reasonable progress toward the goal for
				  which the funds were awarded is being achieved and why further expenditures are
				  warranted.
(12) All disbursements from the
				  pre-application intervenor account to any person shall be made by the
				  Department of Public Service upon audit and warrant of the Comptroller of the
				  State on vouchers approved by the chairperson or a designee. All such vouchers
				  must include a description and explanation of all expenses to be
				  reimbursed.