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 1000.12 - Evidence and proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Evidence.
(1) The presiding examiner shall require
				  parties proposing to litigate issues in the proceeding to provide a list of
				  specific issues they propose to litigate, in advance of or at an issues
				  conference, along with a sufficient explanation of why litigation is necessary
				  for each such issue. All issues to be litigated must be relevant. Issues and
				  evidence are relevant if they assist the board in making the required findings
				  pursuant to PSL section 168(2) and the required determinations pursuant to PSL
				  section 168(3) including the considerations required by PSL section
				  168(4).
(2) All evidence submitted
				  must be relevant and material. Evidence is material if it has the reasonable
				  potential to affect the outcome of the board's findings or determinations under
				  PSL section 168.
(3) Although
				  relevant, evidence may be excluded if its value as proof is substantially
				  outweighed by a potential for unfair prejudice, confusion of the issues, undue
				  delay, or it is needlessly repetitious or duplicative. The presiding examiner
				  may also preclude irrelevant, repetitive, redundant or immaterial evidence and
				  irrelevant or unduly repetitious cross-examination.
(4) All rules of privilege will be
				  observed.
(5) Other rules of
				  evidence need not be strictly applied. Hearsay evidence may be admitted if a
				  reasonable degree of reliability is shown.
(6) Where a part of a document is offered as
				  evidence by one party, any party may offer the entire document as evidence or
				  the presiding examiner may require the entire document to be submitted as
				  evidence.
(7) Any party may move
				  that evidence, including records and documents, in the possession of the DPS,
				  or other public records, be received in evidence in the form of copies or
				  excerpts or by incorporation by reference.
(8) Records or documents incorporated by
				  reference will be available for examination by the parties before being
				  received in evidence.
(9) Briefs
				  and other documents that attempt to persuade through argument are not evidence
				  and may not be entered into the evidentiary record of a proceeding.
(10) Any party may move that official notice
				  be taken of:
(i) facts of which judicial
				  notice could be taken pursuant to rule 4511 of the Civil Practice Law and
				  Rules; and
(ii) other facts within
				  the specialized knowledge of the board.
(11) When official notice is taken of a
				  material fact of which judicial notice could not be taken and that does not
				  appear in the evidence in the record, every party will be given notice thereof
				  and will, on timely request, be afforded an opportunity to dispute such fact or
				  its materiality prior to a decision granting or denying a
				  certificate.