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 1001.32 - Exhibit 32: state laws and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Before preparing the exhibit required by this section, the
					 applicant shall consult with the State agencies and authorities whose
					 requirements are the subject of the exhibit to determine whether the applicant
					 has correctly identified all such requirements.
As the information to be included in the application
					 pursuant to this section will be used by parties to determine their positions
					 in the issues conference and the remainder of the hearing phase of the
					 proceeding, the lists should be created with care so as not to cause any party
					 to needlessly expend resources due to a misclassification. Misclassification of
					 items or the inclusion of unnecessary or inappropriate items may be grounds for
					 finding the application not in compliance. Applicants must carefully screen
					 their lists to correctly reflect State actions not for the construction or
					 operation of the proposed major electric generating facility.
Exhibit 32 shall contain:
(a) A list of all State approvals, consents,
				  permits, certificates, or other conditions for the construction or operation of
				  the proposed major electric generating facility (including interconnection
				  electric transmission lines and fuel gas transmission lines that are not
				  subject to review under article VII of the PSL) of a procedural nature. These
				  State procedural requirements are supplanted by PSL article 10, except for
				  permits to be issued by the DEC pursuant to Federal recognition of State
				  authority, or pursuant to federally delegated or approved authority, in
				  accordance with the Clean Water Act, the Clean Air Act and the Resource
				  Conservation and Recovery Act, and permits pursuant to section 15-1503, title 9
				  of article 27, and articles 17 and 19 of the ECL, unless the board expressly
				  authorizes the exercise of such authority by the State agency.
(b) A list of all State procedural
				  requirements required to be identified pursuant to subdivision (a) of this
				  section for which the applicant requests that the board expressly authorize the
				  exercise of such authority by the State agency, including a statement why such
				  exercise would be desirable or appropriate.
(c) A list of all State approvals, consents,
				  permits, certificates, or other conditions for the construction or operation of
				  the proposed major electric generating facility (including interconnection
				  electric transmission lines and fuel gas transmission lines that are not
				  subject to review under article VII of the PSL) of a substantive nature,
				  together with a statement that the facility as proposed conforms to all such
				  State substantive requirements. Pursuant to PSL section 168(3)(e), the board
				  must find that the facility is designed to operate in compliance with these
				  State substantive requirements, all of which shall be binding upon the
				  applicant.
(d) A summary table of
				  all State substantive requirements required to be identified pursuant to
				  subdivision (c) of this section in two columns listing the provisions in the
				  first column and a discussion or other showing demonstrating the degree of
				  compliance with the substantive provision in the second column.
(e) A list of all State approvals, consents,
				  permits, certificates, or other conditions for the construction or operation of
				  any proposed offsite interconnections and ancillary features that are not
				  encompassed within the definition of major electric generating facility. These
				  State actions not for the construction or operation of the proposed major
				  electric generating facility are not supplanted by PSL article 10 and may be
				  State procedural requirements or State substantive requirements.