reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.3 - Notice of installation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  cable television company proposing to install cable television service or
				  facilities upon the property of a landlord shall serve upon said landlord, or
				  an authorized agent, written notice of intent thereof at least 15 days prior to
				  the commencement of such installation.
(b) The secretary of the commission shall
				  prescribe the procedure for service of such notice, and the form and content of
				  such notice, which shall include, but need not be limited to:
(1) the name and address of the cable
				  television company;
(2) the name
				  and address of the landlord;
(3)
				  the approximate date of the installation; and
(4) a citation of section 228  of the Public Service Law and this
				  Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.5 - Application for just compensation

Current through Register Vol. 46, No. 28, July 10, 2024
A landlord may file with the commission an application for
					 just compensation within four months following the service by the cable
					 television company of the notice described in section
					 898.3  of
					 this Part, or within four months following the completion of the installation
					 of the cable television facilities, whichever is later.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.6 - Contents of application for just compensation

Current through Register Vol. 46, No. 28, July 10, 2024
An application for just compensation shall set forth
					 specific facts relevant to the determination of just compensation. Such facts
					 should include, but need not be limited to, a showing of:
(a) the location and amount of space occupied
				  by the installation;
(b) the
				  previous use of such space;
(c) the
				  value of the applicant's property before the installation of cable television
				  facilities, and the value of the applicant's property subsequent to the
				  installation of cable television facilities; and
(d) the method or methods used to determine
				  such values.
The secretary may, upon good cause shown, permit the filing
					 of supplemental information at any time prior to final determination by the
					 commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.7 - Service of application

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of the application filed by the landlord for just
					 compensation shall be served upon the cable television company making the
					 installation and upon the chief executive officer of the municipality in which
					 the real property is located.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.8 - Responses

Current through Register Vol. 46, No. 28, July 10, 2024
Responses to the application, if any, shall be served on
					 all parties and on the commission within 20 days from the service of the
					 application.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 898 - Landlord-tenant Relationship › Section 898.9 - Hearing and determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				  the commission finds that just compensation for the installation of cable
				  television facilities as described in the application may be in excess of $1,
				  it shall conduct a hearing pursuant to section 216 (3)  of the Public
				  Service Law.
(b) An applicant may,
				  within 20 days from the release date of a commission order which sets
				  compensation at $1 or less, file a written request for a hearing. Upon timely
				  receipt of such request, the commission shall conduct a hearing pursuant to
				  section 216 (3)  of the Public
				  Service Law and Chapter I, Subchapter A of this Title.
(c) If, after the filing of an application,
				  the cable television company and the applicant agree upon the amount of just
				  compensation, and the commission approves such amount, the commission shall not
				  be required to conduct a hearing on the issue.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.10 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The definitions
				  as contained in section 212  of the Public Service Law shall be
				  followed in determining the appropriateness of any report.
(b) Uniform reporting system. The accounting
				  and financial recordkeeping and reporting requirements prescribed by the
				  commission in this Part. The uniform reporting system is commonly abbreviated
				  "URS."
(c) Generally accepted
				  accounting principles and practices. Principles and practices that would be
				  followed in posting financial transactions or preparing financial statements
				  that would generally be acceptable to any other accountant: such generally
				  accepted accounting principles would be those enumerated by the Accounting
				  Principles Board (APB) and its successor, the Financial Accounting Standards
				  Board (FASB).
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.20 - Applicability of recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Recordkeeping requirements-all companies.
Every cable television company shall maintain such books
					 and records as will clearly and accurately disclose the condition and results
					 of the business. Generally accepted accounting principles, as defined in
					 section 899.10(c)  of this
					 Part, shall be used in determining the appropriateness of any particular
					 individuals or group of accounting entries.
(b) The books of account shall include, but
				  may not be limited to the following:
(1)
				  general ledger consisting of assets, liabilities, equity, revenue and expense
				  accounts;
(2) plant and equipment
				  ledger; and
(3) corporate minute
				  book.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.21 - Accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All work papers
				  used in calculating account balances and transaction totals shall be
				  permanently maintained as part of the general ledger.
(b) If account balances and transaction
				  totals are not posted directly to the accounts but are posted from entries or
				  totals contained in another system of accounts, such books, including general
				  and subsidiary ledgers and supporting books and records shall be preserved as
				  long as the books of account prescribed by the URS are preserved.
(c) All reports shall reflect the accrual
				  basis of accounting. Generally accepted accounting principles shall be used in
				  establishing the accounting treatment of any financial transaction, except that
				  the commission may require such accounting treatment as will yield information
				  necessary to a proper discharge of the commission' s
				  responsibilities.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.80 - Filing of financial reports-general

Current through Register Vol. 46, No. 28, July 10, 2024
By not later than 90 days following the close of its fiscal
					 year, every cable television company, except a cable television company which
					 is one solely by reason of its ownership or control of another cable television
					 company, shall file an annual financial report with the commission as described
					 in sections
					 899.81 
					 -899.83 of this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.81 - Selection of fiscal year

Current through Register Vol. 46, No. 28, July 10, 2024
A cable television company may select any 12-month period
					 as its fiscal year for purposes of this Part. No cable television company may
					 change such fiscal year without having first obtained the written permission of
					 the commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.82 - Different reports to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every cable television company required
				  to file an annual financial report shall file form AFR-1 using Generally
				  Accepted Accounting Principles (GAAP) except as provided in subdivisions (b)
				  and (d) of this section.
(b) Except
				  as provided in subdivision (d) of this section, every cable television company
				  having less than $1,000,000 but $500,000 or more of gross annual revenues shall
				  file form AFR-2 using GAAP.
(c)
				  Except as provided in subdivision (d) of this section, every cable television
				  company having less than $500,000 of gross annual revenues shall file form
				  AFR-3 unless a consolidated report is required, in which case form AFR-1 shall
				  be filed using GAAP.
(d) Any cable
				  television company may file form AFR-1 in lieu of form AFR-2 or form
				  AFR-3.
(e) Any person subject to
				  the jurisdiction of the commission may be required to file special financial
				  reports, or other reports, in such form and manner as the commission may from
				  time to time prescribe.
(f) Any
				  group of affiliated cable television companies may elect to file a consolidated
				  AFR starting on or after January 1, 1983. Notice shall be given to the
				  commission, concurrently with the first consolidated AFR filed, of all
				  companies included in the consolidation and of any companies excluded, and the
				  reason for such exclusion. All affiliated cable television companies are
				  eligible to file a consolidated AFR provided that:
(1) the requirements of section
				  899.83  of
				  this Part are met;
(2) all cable
				  television companies meeting the requirements of section
				  899.83  of
				  this Part shall be included in the consolidated report;
(3) only form AFR-1 shall be filed;
(4) an election to file a consolidated AFR
				  may not be revoked without written permission of the commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.83 - Nature of filed reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  financial reports shall accurately and clearly disclose all financial
				  transactions, account balances and such other information as may be required,
				  and all such data shall be set forth in accordance with this Part and the
				  instructions specified on the report forms.
(b) Financial reports, statements or
				  schedules required to be prepared on a consolidated basis:
(1) shall exclude any company whose fiscal
				  year is more than 93 days different from that of its parent;
(2) may exclude the account balance and
				  transaction totals of any company where:
(i)
				  the parent is authorized by the Securities and Exchange Commission to exclude
				  such company from reports submitted to that commission;
(ii) such company is engaged in operations
				  which are totally unrelated to the operations of the cable television
				  company;
(iii) the investment of
				  the parent in such subsidiary is of a temporary nature; and
(iv) the operations of such company are
				  trifling and have no material effect on the consolidated operations from an
				  accounting viewpoint.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VIII - CABLE TELEVISION › Subchapter B - GENERAL › Part 899 - Financial Reporting Requirements › Section 899.90 - Obligation of cable television company to notify commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person who is a cable television
				  company and ceases to be so shall promptly notify the commission of that fact
				  and file, no later than 30 days after it ceases to be a cable television
				  company, a final financial report in the form and manner prescribed by the
				  commission.
(b) A person who is a
				  cable television company and sells or otherwise divests itself of all, or a
				  substantial part of a cable television system or another cable television
				  company shall promptly notify the commission of that fact and file, no later
				  than 30 days after the sale or divestiture is completed, a final financial
				  report in the form and manner prescribed by the commission. For the purposes of
				  this subdivision, the phrase sells or otherwise divests shall include not only
				  the sale of property but also changes of ownership or control.
(c) Every cable television company shall
				  notify the commission, and continue to keep the commission informed, whenever a
				  significant change in the financial position of such company occurs or is about
				  to occur. For purposes of this section, a significant change in the financial
				  position shall include, but not be limited to:
(1) inability to meet current payments as
				  they come due;
(2) contemplation of
				  filing a petition in bankruptcy or for a court-ordered
				  reorganization;
(3) suspension of
				  corporate stock from trading on a regulated exchange by action of the stock
				  exchange or the Securities and Exchange Commission; and
(4) notification that financial reports or
				  practices are under investigation by any government agency, Federal or State,
				  but this shall not include tax audits or similar audits or investigations which
				  are conducted periodically and are not unusual in scope or nature.
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 1000.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subchapter is to establish procedures
					 for applications for certificates and other matters affecting the construction
					 or operation of major electric generating facilities pursuant to article 10 of
					 the Public Service Law. It also establishes procedures for matters affecting
					 the construction or operation of major electric generating facilities pursuant
					 to former articles VIII and X of the Public Service Law.
For certificate revisions, amendments, revocations,
					 suspensions, transfers and compliance matters for major electric generating
					 facilities having certificates granted pursuant to former articles VIII and X
					 of the Public Service Law, the provisions of this Subchapter will be applied in
					 a manner that is consistent with former article VIII of the Public Service Law
					 remaining operative and continuing in full force and effect with regard to
					 applications filed on or before December 31, 1978, and former article X of the
					 Public Service Law remaining operative and continuing in full force and effect
					 with regard to applications filed on or before December 31, 2002, except that
					 any such certificate revisions, amendments, revocations, suspensions, transfers
					 and compliance matters involving increase of capacity by more than 25 megawatts
					 are subject to the procedures for applications for certificates and other
					 matters affecting the construction or operation of major electric generating
					 facilities pursuant to article 10 of the Public Service Law without regard to
					 former articles VIII and X of the Public Service Law.
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 1000.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the definitions referred to, and terms
					 defined in Part 1 of this Title, unless the context otherwise requires, the
					 following terms have the meanings specified:
(a) Adjacent or contiguous. When used in the
				  context of PSL section 165(4)(b), located on the same parcel of real property,
				  on separate parcels of real property sharing a common border, or on separate
				  parcels of real property separated by no more than 500 feet.
(b) The New York State Adirondack Park Agency
				  (APA).
(c) Applicant. Any person
				  who is required to have submitted or who submits a public involvement program
				  plan to the DPS pursuant to section
				  1000.4  of this
				  Part or who in fact submits an application for a certificate to the board under
				  this Subchapter, or who holds a certificate.
(d) Associate examiner. An administrative law
				  judge appointed by DEC.
(e) Base
				  nameplate generating capacity:
(1) for
				  generating facilities in commercial operation on or before August 4, 2012,
				  their nameplate generating capacity as of August 4, 2012;
(2) for generating facilities commencing
				  commercial operations after August 4, 2012, their nameplate generating capacity
				  as of the date of commencement of commercial operations;
(3) for generating facilities that increased
				  their nameplate generating capacity as a result, in whole or in part, of
				  receiving a certificate after August 4, 2012, their nameplate generating
				  capacity as of the date of commencement of commercial operations of the
				  increased capacity as a result of the certificate. Incremental increases in
				  generating capacity after August 4, 2012 not made as a result of receiving a
				  certificate shall not increase the base nameplate generating
				  capacity.
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 1000.3 - Adoption of procedures by reference

Current through Register Vol. 46, No. 28, July 10, 2024
Unless a provision of PSL article 10, section 306 of the
					 State Administrative Procedure Act, or this Part conflicts therewith, the rules
					 of procedure of the Public Service Commission (contained in Subchapter A of
					 Chapter I of this Title) that are in force on the effective date of this Part
					 shall apply in connection with each certification proceeding under PSL article
					 10. When such regulations indicate that the commission is the decision maker,
					 such reference shall be deemed to apply to the board.
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 1000.4 - Public involvement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  ensure throughout the article 10 process that the board is fully aware of the
				  concerns of stakeholders and that the board's consideration of an application
				  is not delayed, it is the board's policy to require applicants to actively seek
				  public participation throughout the planning, pre-application, certification,
				  compliance, and implementation process. It is also the board's policy to
				  encourage stakeholders to participate at the earliest opportunity in the review
				  of the applicant's proposal so that their input can be considered.
(b) To ensure that the public and interested
				  parties are fully assisted and advised in participating in the article 10
				  process, an office of public information coordinator has been created within
				  DPS. Public information coordination shall include:
(1) implementing measures that assure public
				  participation in matters before the board;
(2) responding to inquiries from the public
				  for information on how to participate in matters before the board;
(3) assisting the public in requesting
				  records relating to matters before the board;
(4) ensuring all interested persons are
				  provided with a reasonable opportunity to participate at public meetings
				  relating to matters before the board;
(5) ensuring that all necessary or required
				  documents are available for public access on the DPS website; and
(6) any other duties as may be prescribed by
				  the board, after consultation with DPS.
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 1000.5 - Pre-application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  section applies to the required preliminary scoping statement and any
				  stipulation setting forth an agreement on any aspect of the preliminary scoping
				  statement and/or the methodology or scope of the studies or program of studies
				  to be conducted in support of the application. It provides for consultation
				  between the applicant, the public, affected agencies, and other
				  stakeholders.
(b) Applicants are
				  required to consult with the public, affected agencies, and other stakeholders
				  (providing information to and effective opportunities for input from the
				  public, affected agencies, and other stakeholders concerning the
				  proposal).
(c) No less than 90 days
				  before the date on which an applicant files an application, the applicant shall
				  file an electronic copy and 10 paper copies of a preliminary scoping statement
				  with the board by filing it with the secretary at the Albany, New York offices
				  of the DPS and shall serve copies specifying thereon the date on or about which
				  the preliminary scoping statement is to be filed, as follows:
(1) four paper copies on DEC at its central
				  office and three paper copies on each affected DEC regional office;
(2) 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;
(3) one paper copy each on the chief
				  executive officer of each municipality in which any portion of such facility is
				  to be located as proposed or in any alternative location listed;
(4) one paper copy each on Ag&Mkts, DOS,
				  the Attorney General, the Department of Transportation, and OPRHP;
(5) one paper copy each on a library serving
				  the district of each member of the State Legislature in whose district any
				  portion of the facility is to be located as proposed or in any alternative
				  location listed;
(6) one paper copy
				  on the APA if such facility or any portion thereof as proposed or in any
				  alternative location listed is located within the Adirondack park, as defined
				  in subdivision one of section 9-0101 of the ECL;
(7) one electronic copy on the public
				  information coordinator (for placement on the DPS website); and
(8) one paper copy on the chief executive
				  officer of any other agency or municipality that would (absent PSL article 10)
				  have approval authority with respect to any aspect of the proposed facility or
				  interconnections necessary to serve the proposed facility.
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 1000.6 - Filing and service of an application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant shall file an electronic
				  copy and 10 paper copies of the application with the board by filing it with
				  the secretary at the Albany, New York offices of the DPS and shall serve copies
				  specifying thereon the date on or about which the application is to be filed,
				  as follows:
(1) four paper copies on DEC at
				  its central office and three paper copies on each affected DEC regional
				  office;
(2) 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;
(3) one paper copy
				  each on the chief executive officer of each municipality in which any portion
				  of such facility is to be located as proposed or in any alternative location
				  listed, and in New York City, upon the borough president of any affected
				  borough, and upon the community board of any affected areas served by a
				  community board;
(4) one paper copy
				  each on the Ag&Mkts, DOS, the Attorney General, the Department of
				  Transportation, and OPRHP;
(5) one
				  paper copy each on a library serving the district of each member of the State
				  legislature in whose district any portion of the facility is to be located as
				  proposed or in any alternative location listed;
(6) one paper copy on the APA if such
				  facility or any portion thereof as proposed or in any alternative location
				  listed is located within the Adirondack Park, as defined in subdivision one of
				  section 9-0101 of the ECL;
(7) one
				  electronic copy on the public information coordinator (for placement on the DPS
				  website); and
(8) one paper copy on
				  the chief executive officer of any other agency or municipality that would
				  (absent PSL article 10) have approval authority with respect to any aspect of
				  the proposed facility or interconnections or related facilities necessary to
				  serve the proposed facility.
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 1000.9 - Additional information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				  the request or direction of the board, the chairperson of the board or the
				  presiding examiner, the applicant shall submit such additional information as
				  may be reasonably required to reach a decision on any specified
				  issue.
(b) Upon the motion of any
				  party, the applicant may be required to provide additional information relevant
				  and material to the proceeding. A party making a motion under this subdivision
				  shall:
(1) clearly state the additional
				  information sought;
(2) establish
				  its relevance and materiality;
(3)
				  to the best of its ability, demonstrate that the information can be obtained in
				  a timely manner consistent with the need to conduct the proceeding in an
				  expeditious fashion; and
(4) set
				  forth any other reasons why such information should be supplied by the
				  applicant.
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 1000.11 - Assistance with documents

Current through Register Vol. 46, No. 28, July 10, 2024
For good cause shown to the presiding examiner (or, if
					 none, the secretary), the board will reproduce and serve documents filed by
					 non-applicant municipal and local parties and provide such parties access to
					 transcripts.
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 1000.13 - Amendment of an application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  amendment of an application warrants substantial additional scrutiny within the
				  meaning of PSL section 164(6)(a) if it is a revision.
(b) If an amendment of an application is
				  determined by the chairperson to be a revision as defined in this Part, the
				  application will require substantial additional scrutiny and the applicant
				  shall submit an additional intervenor fee, in the amount equal to $1,000 for
				  each 1,000 kilowatts of capacity of the proposed project, as amended, but no
				  more than $75,000. The presiding examiner may, however, increase the level of
				  the additional intervenor fee that shall be submitted, up to the maximum level
				  of $75,000 if the presiding examiner finds circumstances require a higher level
				  of intervenor funding in order to ensure an adequate record for review of the
				  revision to the application. Such additional fee shall be awarded and disbursed
				  substantially in accordance with section
				  1000.10 
				  of this Part.
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 1000.14 - Dismissal of an application

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever, in the absence of any genuine issue as to any
					 material fact, it appears that the statutory requirements for a certificate
					 cannot be met, the board may dismiss the application seeking such certificate
					 and terminate the proceeding in question upon the motion of any party or upon
					 its own motion.
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 1000.15 - Acceptance of a certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Upon issuance of a final decision by a board granting a certificate, an
				  applicant shall, within 30 days after the issuance of such decision, file
				  either a written unqualified acceptance of the certificate or a petition for
				  rehearing, but not both.
(b) If a
				  petition for rehearing has been granted, an applicant shall, within 30 days
				  after the issuance of the decision on rehearing, file either a written
				  unqualified acceptance of the certificate (as modified by such decision) or a
				  petition for judicial review, but not both.
(c) If judicial review has been obtained, an
				  applicant shall file a written unqualified acceptance of the certificate within
				  30 days after either:
(1) the expiration of
				  the time for judicial review of the court order:
(i) enforcing the board's decision;
				  or
(ii) modifying the board's
				  decision and enforcing it as so modified; or
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 1000.16 - Amendment, revocation and suspension of a certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To determine whether a proposed amendment
				  is a revision:
(1) the criteria for
				  determining significance set forth in 6 NYCRR section 617.7(c) will apply;
				  and
(2) as appropriate, the staffs
				  of the DPS, the DEC and the DOH shall be consulted.
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 1000.18 - Counsel to the board

Current through Register Vol. 46, No. 28, July 10, 2024
The counsel to the commission shall be counsel to the board
					 for all purposes, unless the board determines otherwise.
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 1001 - Content Of An Application › Section 1001.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  application for a certificate shall contain the exhibits described by this Part
				  as relevant to the proposed major electric generating facility technology and
				  site and such additional exhibits and information as the applicant may consider
				  relevant or as may be required by the board or the presiding examiner. Exhibits
				  that are not relevant to the particular application may be omitted.
(b) Each exhibit shall contain a title page
				  showing:
(1) the applicant's name;
(2) the title of the exhibit; and
(3) the proper designation of the
				  exhibit.
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 1001 - Content Of An Application › Section 1001.2 - Exhibit 2: overview and public involvement

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 2 shall not exceed 15 pages of text, except that
					 for good cause shown, the Secretary may increase the page limit. Exhibit 2
					 shall contain:
(a) A brief description
				  of the major components of the proposed facility, interconnections and related
				  facilities.
(b) A brief summary of
				  the contents of the application.
(c) A brief description of the public
				  involvement program conducted by the applicant prior to submission of the
				  application and an identification of significant issues raised by the public
				  and affected agencies during such program and the response of the applicant to
				  those issues including a summary of changes made to the proposal as a result of
				  the public involvement program.
(d)
				  A brief description of the public involvement program to be conducted by the
				  applicant after submission of the application.
(e) A brief, clearly and concisely written
				  overall analysis in plain language that assembles and presents relevant and
				  material facts regarding the proposed project upon which the applicant proposes
				  that the board make its decision. The analysis shall be analytical and not
				  encyclopedic and shall specifically address each required finding,
				  determination and consideration the board must make or consider in its decision
				  pursuant to section 168 of the PSL and explain why the applicant believes that
				  the requested certificate can be granted.
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 1001 - Content Of An Application › Section 1001.5 - Exhibit 5: electric system effects

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 5 shall contain:
(a) A system reliability impact study,
				  performed in accordance with the open access transmission tariff of the New
				  York Independent System Operator, Inc. (NYISO) approved by the Federal Energy
				  Regulatory Commission, that shows expected flows on the system under normal,
				  peak and emergency conditions and effects on stability of the interconnected
				  system, including the necessary technical analyses (thermal, voltage, short
				  circuit and stability) to evaluate the impact of the interconnection. The study
				  shall include the new electric interconnection between the facility and the
				  point of interconnection, as well as any other system upgrades
				  required.
(b) An evaluation of the
				  potential significant impacts of the facility and its interconnection to
				  transmission system reliability at a level of detail that reflects the
				  magnitude of the impacts.
(c) A
				  discussion of the benefits and detriments of the facility on ancillary services
				  and the electric transmission system, including impacts associated with
				  reinforcements and new construction necessary as a result of the
				  facility.
(d) An analysis of any
				  reasonable alternatives that would mitigate adverse reliability impacts and
				  maintain voltage, stability, thermal limitations, and short circuit capability
				  at adequate levels.
(e) An estimate
				  of the increase or decrease in the total transfer capacity across each affected
				  interface, and if a forecasted reduction in transfer capability across affected
				  interfaces violates reliability requirements, an evaluation of reasonable
				  corrective measures that could be employed to mitigate or eliminate said
				  reduction.
(f) A description of
				  criteria, plans, and protocols for generation and ancillary facilities design,
				  construction, commissioning, and operation, including as appropriate to
				  generation technology:
(1) engineering codes,
				  standards, guidelines and practices that apply;
(2) generation facility type
				  certification;
(3) procedures and
				  controls for facility inspection, testing and commissioning; and
(4) maintenance and management plans,
				  procedures and criteria.
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 1001 - Content Of An Application › Section 1001.6 - Exhibit 6: wind power facilities

Current through Register Vol. 46, No. 28, July 10, 2024
If the applicant's proposal is for a wind power facility,
					 Exhibit 6 shall contain:
(a) A
				  statement of all setback requirements and/or setback recommendations for
				  turbines from roads, occupied structures (dwellings, commercial, industrial,
				  and institutional), barns and unoccupied structures, areas of public gathering,
				  and electric transmission lines, explaining the rationale for the setback
				  distances for each type, as required or recommended by:
(1) the manufacturer's
				  specifications;
(2) the applicant;
				  and
(3) any local ordinance or
				  law.
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 1001 - Content Of An Application › Section 1001.7 - Exhibit 7: natural gas power facilities

Current through Register Vol. 46, No. 28, July 10, 2024
If the applicant's proposal is for a gas power facility,
					 Exhibit 7 shall contain:
(a) An
				  estimate of the monthly and hourly gas usage by the facility.
(b) A statement of the gas pressure required
				  for the gas turbines and how the pressure will be regulated or
				  increased.
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 1001 - Content Of An Application › Section 1001.8 - Exhibit 8: electric system production modeling

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to preparing this exhibit, the applicant shall
					 consult with DPS and DEC to develop an acceptable input data set, including
					 modeling for the applicant's proposed facility and inputs for the emissions
					 analysis, to be used in the simulation analyses.
Exhibit 8 shall contain:
(a) The following analyses that shall be
				  developed using GEMAPS, PROMOD or a similar computer-based modeling tool:
(1) estimated statewide levels of
				  SO2, NOx and
				  CO2 emissions, both with, and without the proposed
				  facility;
(2) estimated minimum,
				  maximum, and average annual spot prices representative of all NYISO zones
				  within the New York control area, both with and without the proposed
				  facility;
(3) an estimated capacity
				  factor for the facility;
(4)
				  estimated annual and monthly, on peak, shoulder and off-peak MW output
				  capability factors for the facility;
(5) estimated average annual and monthly
				  production output for the facility in MWhs;
(6) an estimated production curve for the
				  facility over an average year;
(7)
				  an estimated production duration curve for the facility over an average year;
				  and
(8) estimated effects of the
				  proposed facility on the energy dispatch of existing must-run resources,
				  defined for this purpose as existing wind, hydroelectric and nuclear
				  facilities, as well as co-generation facilities to the extent they are
				  obligated to output their available energy because of their steam
				  hosts.
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 1001 - Content Of An Application › Section 1001.9 - Exhibit 9: alternatives

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 9 shall contain:
(a) an identification and description of
				  reasonable and available alternate location sites for the proposed facility,
				  except that a private facility applicant may limit its identification and
				  description to sites owned by, or under option to, such private facility
				  applicant or its affiliates;
(b)
				  for each alternative location identified, an evaluation of the comparative
				  advantages and disadvantages of the proposed and alternative locations at a
				  level of detail sufficient to permit a comparative assessment of the
				  alternatives discussed considering:
(1) the
				  environmental setting;
(2) the
				  recreational, cultural and other concurrent uses that the site may
				  serve;
(3) engineering feasibility,
				  including fuel availability, wind availability (if applicable), and
				  interconnections;
(4) reliability
				  and electric system effects;
(5)
				  environmental impacts, including an assessment of climate change impacts
				  (whether proposed energy use contributes to global temperature
				  increase);
(6) economic
				  considerations;
(7) environmental
				  justice considerations;
(8)
				  security, public safety and emergency planning considerations;
(9) public health considerations;
(10) the site's vulnerability to potential
				  seismic disturbances and current and anticipated climate change impacts, such
				  as sea-level rise, precipitation changes, and extreme weather events;
				  and
(11) the objectives and
				  capabilities of the applicant;
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 1001 - Content Of An Application › Section 1001.10 - Exhibit 10: consistency with energy planning objectives

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 10 shall contain:
(a) a statement demonstrating the degree of
				  consistency of the construction and operation of the facility with the energy
				  policies and long range energy planning objectives and strategies contained in
				  the most recent State Energy Plan including consideration of the information
				  required by subdivisions (b) through (i) in this section;
(b) a description of the impact the proposed
				  facility would have on reliability in the State;
(c) a description of the impact the proposed
				  facility would have on fuel diversity in the State;
(d) a description of the impact the proposed
				  facility would have on regional requirements for capacity;
(e) a description of the impact the proposed
				  facility would have on electric transmission constraints;
(f) a description of the impact the proposed
				  facility would have on fuel delivery constraints;
(g) a description of the impact the proposed
				  facility would have in relation to any other energy policy or long range energy
				  planning objective or strategy contained in the most recent State Energy
				  Plan;
(h) an analysis of the
				  comparative advantages and disadvantages of reasonable and available
				  alternative locations or properties identified for construction of the proposed
				  facility; and
(i) a statement of
				  the reasons why the proposed location and source is best suited, among the
				  alternatives identified, to promote public health and welfare, including
				  minimizing the public health and environmental impacts related to climate
				  change.