New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.1 - Summary of legal requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
					 a public service corporation under the jurisdiction of this commission may
					 begin construction of a gas, electric or steam plant in territory where it has
					 not previously been authorized, an application must be made which must comply
					 with the requirements of section 68 or
					 81  of the Public Service Law.
(b) If a municipality proposes to confine
					 construction of gas or electric plants to territory within its own borders, no
					 authority from the commission is necessary. (General Municipal Law, section
					 364.) If the municipality proposes to extend
					 its gas or electric system beyond its municipal borders, a franchise must be
					 secured from the municipality in which the construction is to be made and a
					 certificate of authority secured from the commission.
(c) A municipality may not construct or
					 operate a steam plant even within its own borders until securing a certificate
					 of authority from the commission.
(d) A waterworks corporation may not begin
					 construction of new plant until it has filed with the commission a certified
					 copy of an order issued by the Water Power and Control Commission approving
					 construction. If the proposed construction parallels or duplicates mains or
					 conduits of an existing water supply company, construction may not be begun
					 until a certificate of convenience and necessity is secured from this
					 commission.
(e) Consent from the
					 commission is not necessary before a municipality may construct a water plant.
					 (Public Service Law, section 89-1.)
(f) Telegraph and telephone corporations
					 formed subsequent to September 1, 1910, except radio-telephone utilities
					 defined in Part 645 of this Title, which were in operation or which had applied
					 to the appropriate Federal agency for an allocation of frequency on or before
					 October 1, 1973, may not begin construction of a telegraph or telephone line
					 until permission and approval of the commission and its certificate of public
					 convenience and necessity have been secured. If the company proposes to
					 construct and lay lines of electrical conductors underground, a franchise must
					 be secured from the municipality in which such construction is to take
					 place.
(g) An individual or
					 partnership may not begin the construction of a telegraph or telephone line
					 until a certificate of public convenience and necessity is secured from the
					 commission. In all cases where required, a franchise must be secured from the
					 municipalities in which the construction is to take place before a certificate
					 of public convenience and necessity will be granted.
(h) Within 30 days after the filing of a
					 petition for a certificate of public convenience and necessity, either the
					 director of the division of the Department of Public Service most concerned
					 with the petition, the director's representative or counsel shall advise the
					 petitioner of any deficiencies in such petition. The certification proceedings
					 shall be deemed to commence on the date the petition complies with the
					 applicable legal requirements and shall be conducted as expeditiously as
					 possible.