§ 123 — Hearing on application for certificate

New York § 123

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

Text

§ 123. Hearing on application for certificate. 1. Upon the receipt of\nan application with respect to an electric transmission line that\ncomplies with section one hundred twenty-two, the commission shall\npromptly fix a date for the commencement of a public hearing thereon not\nless than sixty nor more than ninety days after such receipt. Except as\notherwise provided in section one hundred twenty-one-a of this article\nupon the receipt of an application with respect to a fuel gas\ntransmission line that complies with section one hundred twenty-two, the\ncommission shall promptly fix a date for the commencement of a public\nhearing thereon not less than twenty nor more than sixty days after such\nreceipt. The testimony presented at such hearing may be presented in\nwriting or orally, provided that the commission may make rules designed\nto exclude repetitive, redundant or irrelevant testimony. The commission\nshall make a record of all testimony in all contested hearings.\n 2. On an application for an amendment of a certificate, the commission\nshall hold a hearing in the same manner as a hearing is held on an\napplication for a certificate if the change in the facility to be\nauthorized would result in any material increase in any environmental\nimpact of the facility or a substantial change in the location of all or\na portion of such facility other than as provided in the alternates set\nforth in the application.\n * 3. Unless otherwise stipulated by the applicant:\n (a) proceedings on an application for a major utility transmission\nfacility as defined in paragraph a of subdivision two of section one\nhundred twenty of this article shall be completed in all respects,\nincluding a final decision by the commission, within twelve months from\nthe date of a determination by the secretary of the commission that an\napplication complies with section one hundred twenty-two of this\narticle; provided, however, the commission may extend the deadline in\nreasonable circumstances by no more than six months in order to give\nconsideration to specific issues necessary to develop an adequate\nrecord, because the applicant has been unable to obtain necessary\napprovals and/or consents related to highway crossings or for other\nreasons deemed in the public interest. The commission shall render a\nfinal decision on the application by the aforementioned deadlines unless\nsuch deadlines are waived by the applicant or if the applicant notices\nthe application for settlement, in which case the timeframes established\nin this paragraph are tolled until such time that settlement discussions\nare suspended. If, at any time subsequent to the commencement of the\nhearing, there is a substantive and significant amendment to the\napplication, the commission shall promptly fix a date for commencement\nof a public hearing thereon, such public hearing to commence no later\nthan sixty days after receipt of such amendment. The commission shall\nissue a final decision thereon no later than six months after the\nconclusion of the public hearing, unless such deadline is waived by the\napplicant.\n (b) the commission shall, for the purpose of meeting the goals of\nchapter one hundred six of the laws of two thousand nineteen, promulgate\nrules or regulations to establish an expedited process for proceedings\non applications for a major utility transmission facility as defined in\nparagraph a of subdivision two of section one hundred twenty of this\narticle that (i) would be constructed within existing rights-of-way,\n(ii) the commission determines in consultation with the department of\nenvironmental conservation would not result in any significant adverse\nenvironmental impacts considering current uses and conditions existing\nat the site, or (iii) would necessitate expanding the existing\nrights-of-way but such expansion is only for the purpose of complying\nwith law, regulations, or industry practices relating to electromagnetic\nfields.\n (c) for purposes of this subdivision, the following terms shall have\nthe following meanings:\n (i) "Expedited process" shall mean a process for proceedings on\napplications for a major electric transmission facility that is\ncompleted in all respects, including a final decision by the commission,\nwithin nine months from the date of a determination by the secretary of\nthe commission that an application complies with section one hundred\ntwenty-two of this article; provided, however, that if the applicant\nnotices the application for settlement, the timeframe established in\nthis paragraph shall be tolled until such time that settlement\ndiscussions are suspended.\n (ii) "Right-of-way" shall mean (a) real property that is used or\nauthorized to be used for electric utility purposes, or (b) real\nproperty owned or controlled by or under the jurisdiction of the state,\na distribution utility, or a state public authority including by means\nof ownership, lease or easement, that is used or authorized to be used\nfor transportation or canal purposes.\n * NB Effective until December 31, 2030\n * 3. Unless otherwise stipulated by the applicant, a final\ndetermination regarding an application for a certificate to construct\ntransmission facilities for interconnection with a wind energy\nproduction facility located in the county of Lewis shall be rendered\nwithin six months from the date of receipt of a compliant application.\n * NB Effective December 31, 2030\n