New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Licenses › Section 600.5 - Applicant's address-form of organization

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for licenses shall set forth, among other
						things, the following:
(a) If the
					 applicant is an individual, his full name and place of residence (street and
					 number); that he is a citizen of the United States; and his business address or
					 address to which communications, notices, orders or directions from the
					 commission may be addressed.
(b) If
					 the applicant is an association, the full names and places of residence (street
					 and number) of each member thereof; that each member thereof is a citizen of
					 the United States; and the business address of the association to which
					 communications, notices, orders or directions from the commission may be
					 addressed. It shall point out the statute law, if any, under which the
					 association was organized. If the association is a copartnership, a copy of the
					 articles of copartnership shall be attached; if a joint-stock association or
					 similar association, a copy of the articles of association shall be attached,
					 together with a certified copy of the minutes of the meeting of the association
					 authorizing the making of said application.
(c) If the applicant is a corporation, the
					 full names and places of residence (street and number) of its officers and
					 directors; its principal office and place of business within the State of New
					 York to which communications, notices, orders or directions from the commission
					 may be addressed, and a statement revealing when and under the laws of what
					 state it was incorporated. If it is not incorporated under the laws of the
					 State of New York, the application shall point out the specific statutory
					 provisions under or pursuant to which it was incorporated, and set forth facts
					 establishing its compliance with the provisions of section 15 of the General
					 Corporation Law. All such applications shall set forth facts evidencing that
					 the organization of the corporation has been fully completed, and point out the
					 provisions of law and of its charter authorizing it to engage in the business
					 of developing, using, furnishing or selling hydraulic or hydro-electric power
					 within the State. A copy of the charter or certificate of incorporation of the
					 applicant, duly certified by the Secretary of State of the state where it was
					 organized or other officer having legal custody of the records of
					 incorporation, must be attached to the application; also a certified copy of
					 the minutes of the meeting of the directors of such corporation authorizing the
					 making of said application, and if a foreign corporation, a certificate
					 executed by the Secretary of State, pursuant to the provisions of section 15 of
					 the General Corporation Law, to the effect that such corporation has complied
					 with all requirements of law to authorize it to do business in this
					 State.
(d) If the applicant is a
					 municipal corporation, it shall set forth the names and places of residence
					 (street and number) of the chief executive officer and the clerk thereof. It
					 shall state whether an order has been made by the Public Service Commission
					 approving the installation of the municipal power plant which it proposes to
					 install under the license if granted to it by the commission, and point out the
					 statute or statutes constituting its charter and particularly the provisions
					 thereof which it is claimed authorize it to develop, use, furnish or sell
					 hydraulic or hydro-electric power and to make the application and become a
					 licensee under the provisions of the aforesaid article XIV of Conservation Law
					 as amended. All such applications shall be accompanied by a certified copy of
					 the minutes of the municipal legislative body authorizing the making of said
					 application, and also a copy of the order of the Public Service Commission
					 approving the installation of the municipal power plant referred to in such
					 application, if such an order has been granted.