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 1000.17 - Transfer of a certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  certificate may only be transferred to a person who agrees to comply with the
				  terms, limitations, or conditions contained therein and in every subsequent
				  order issued thereunder. A change in the ownership of a certificate holder
				  without a transfer of the responsibility to comply with the terms, limitations,
				  and conditions contained in the certificate is not a transfer of the
				  certificate that requires approval pursuant to this section; however, the
				  certificate holder shall file written notice of any such change of ownership
				  with the secretary within seven days of such change and a verified statement
				  that the change will not adversely affect the ability of the certificate holder
				  to comply with such terms, limitations, or conditions.
(b) A certificate holder seeking the transfer
				  of a certificate shall file with the secretary an electronic copy and 10 paper
				  copies of a petition for approval of the transfer of the certificate, together
				  with the accompanying documents described in this subdivision. The certificate
				  holder shall contemporaneously serve four paper copies of the petition and
				  accompanying documents on DEC at its central office and three paper copies on
				  each affected DEC regional office and two paper copies each on the Commissioner
				  of Health, the chair of the New York State Energy Research and Development
				  Authority, and the Commissioner of Economic Development. The petition shall:
(1) state the reasons supporting the
				  transfer;
(2) show that the
				  transferee is qualified to carry out the provisions of the certificate and any
				  orders issued thereunder;
(3) be
				  verified by all parties to the proposed transfer;
(4) if required by the chairperson, be
				  accompanied by a copy of any proposed transfer agreement;
(5) be accompanied by an affidavit of service
				  of a copy of the petition on each of the parties to the certification
				  proceeding; and
(6) be accompanied
				  by an affidavit of publication of a notice concerning the petition and service
				  of such notice on all property owners that have executed agreements to convey
				  property rights to the applicant and all other persons, municipalities or
				  agencies entitled by law to be given notice of, or to be served with a copy of,
				  any application to construct a major electric generating facility, which notice
				  shall:
(i) briefly describe the proposed
				  transfer and state the reasons therefor;
(ii) give the name, address, telephone number
				  and e-mail address of an employee or representative of the petitioner from whom
				  further information, including a copy of the petition, may be obtained;
				  and
(iii) state that any comments
				  on the petition must be received by the secretary no later than 30 days after
				  the date on which the notice was given.