§ 122 — Application for a certificate

New York § 122

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 7: Siting of Major Utility Transmission Facilities

Text

§ 122. Application for a certificate. 1. An applicant for a\ncertificate shall file with the commission an application, in such form\nas the commission may prescribe, containing the following information:\n(a) the location of the site or right-of-way; (b) a description of the\ntransmission facility to be built thereon; (c) a summary of any studies\nwhich have been made of the environmental impact of the project, and a\ndescription of such studies; (d) a statement explaining the need for the\nfacility; (e) a description of any reasonable alternate location or\nlocations for the proposed facility, a description of the comparative\nmerits and detriments of each location submitted, and a statement of the\nreasons why the primary proposed location is best suited for the\nfacility; and (f) such other information as the applicant may consider\nrelevant or the commission may by regulation require. Copies of all the\nstudies referred to in (c) above shall be filed with the commission and\nshall be available for public inspection.\n 2. Each application shall be accompanied by proof of service of: (a) a\ncopy of such application on:\n i. each municipality in which any portion of such facility is to be\nlocated, both as primarily proposed and in the alternative locations\nlisted. Notice to a municipality shall be addressed to the chief\nexecutive officer thereof and shall specify the date on or about which\nthe application is to be filed;\n ii. the commissioner of environmental conservation, the commissioner\nof economic development, the secretary of state, the commissioner of\nagriculture and markets and the commissioner of parks, recreation and\nhistoric preservation;\n iii. each member of the legislature through whose district the\nfacility or any alternate proposed in the application would pass;\n iv. in the event such facility or any portion thereof is located\nwithin its jurisdiction, the Tug Hill commission;\n v. in the event such facility or any portion thereof is located within\nthe Adirondack park, as defined in subdivision one of section 9--0101 of\nthe environmental conservation law, the Adirondack park agency.\n (b) a notice of such application on persons residing in municipalities\nentitled to receive notice under subparagraph i of paragraph a of this\nsubdivision. Such notice shall be given by the publication of a summary\nof the application and the date on or about which it will be filed, to\nbe published under regulations to be promulgated by the commission, in\nsuch form and in such newspapers as will serve substantially to inform\nthe public of such application.\n (c) to the greatest extent practicable, each landowner of land on\nwhich any portion of such proposed facility is to be located shall be\nserved by first class mail with a notice that such landowner's property\nmay be impacted by a project, including a description of the project and\nan explanation of how to file with the commission a notice of intent to\nbe a party to the certification proceedings and the timeframe for filing\nsuch application.\n 3. Inadvertent failure of service on any of the municipalities,\npersons, agencies, bodies or commissions named in subdivision two may be\ncured pursuant to regulations of the commission designed to afford such\npersons adequate notice to enable them to participate effectively in the\nproceeding. In addition, the commission may, after filing, require the\napplicant to serve notice of the application or copies thereof or both\nupon such other persons and file proof thereof as the commission may\ndeem appropriate.\n 4. An application for an amendment of a certificate shall be in such\nform and contain such information as the commission shall prescribe.\nNotice of such an application shall be given as set forth in subdivision\ntwo.\n 5. (a) For every application deemed complete by the commission after\nthe effective date of this subdivision, each application shall be\naccompanied by a fee in an amount equal to: for electric major utility\ntransmission facilities of one hundred twenty-five kilovolts or more\nextending a distance of over one hundred miles, four hundred fifty\nthousand dollars; for electric major utility transmission facilities of\none hundred twenty-five kilovolts or more extending a distance of over\nfifty miles to one hundred miles, three hundred fifty thousand dollars;\nfor electric major utility transmission facilities, requiring a new\nright of way and one hundred twenty-five kilovolts or more extending a\ndistance of ten miles to fifty miles, one hundred thousand dollars; for\nelectric major utility transmission facilities utilizing an existing\nright of way and one hundred twenty-five kilovolts or more extending a\ndistance of ten miles to fifty miles, fifty thousand dollars. All such\nfees shall be deposited in the intervenor account, established pursuant\nto section ninety-seven-tt of the state finance law, to be disbursed at\nthe commission's direction, to defray expenses incurred by municipal and\nother parties to the proceeding (except a municipality which is the\napplicant) for expert witness, consultant, administrative and legal\nfees, provided, however, such expenses shall not be available for\njudicial review. If at any time subsequent to the filing of the\napplication, the application is amended in a manner that warrants\nsubstantial additional scrutiny, the commission may require an\nadditional intervenor fee in an amount not to exceed one hundred\ntwenty-five thousand dollars. The commission shall provide for\ntranscripts, the reproduction and service of documents, and the\npublication of required notices, for municipal and other local parties,\nin all appropriate languages. Any moneys remaining in the intervenor\naccount after the commission's jurisdiction over an application has\nceased shall be returned to the applicant.\n (b) Notwithstanding any other provision of law to the contrary, the\ncommission shall provide by rules and regulations for the management of\nthe intervenor account and for disbursements from the account, which\nrules and regulations shall be consistent with the purpose of this\nsection to make available to municipal parties at least one-half of the\namount of the intervenor account and for uses specified in paragraph (a)\nof this subdivision. In addition, the commission shall provide other\nparties up to one-half of the amount of the intervenor account,\nprovided, however, that the commission shall assure that the purposes\nfor which moneys in the intervenor account will be expended will\ncontribute to an informed decision as to the appropriateness of the site\nand facility and are made available on an equitable basis in a manner\nwhich facilitates broad public participation.\n