§ 124 — Parties to certification proceedings

New York § 124

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

Text

§ 124. Parties to certification proceedings. 1. The parties to the\ncertification proceedings shall include:\n (a) the applicant\n (b) the department of environmental conservation\n (c) the department of commerce\n (d) the secretary of state.\n (e) the department of agriculture and markets.\n (f) the office of parks, recreation and historic preservation.\n (g) where the facility or any portion thereof or of any alternate is\nto be located within its jurisdiction, the Tug Hill commission.\n (h) where the facility or any portion thereof or any alternate is to\nbe located within the Adirondack park, as defined in subdivision one of\nsection 9--0101 of the environmental conservation law, the Adirondack\npark agency.\n (i) a municipality entitled to receive notice under paragraph (a) of\nsubdivision two of section one hundred twenty-two, if it has filed with\nthe commission a notice of intent to be a party, within thirty days\nafter the date given in the notice as the date for filing of the\napplication.\n (j) any individual resident in a municipality entitled to receive\nnotice under paragraph (a) of subdivision two of section one hundred\ntwenty-two, if he has filed with the commission a notice of intent to be\na party, within thirty days after the date given in the published notice\nas the date for filing of the application.\n (k) any domestic non-profit corporation or association, formed in\nwhole or in part to promote conservation or natural beauty, to protect\nthe environment, personal health or other biological values, to preserve\nhistorical sites, to promote consumer interests, to represent commercial\nand industrial groups or to promote the orderly development of the areas\nin which the facility is to be located, if it has filed with the\ncommission a notice of intent to become a party, within thirty days\nafter the date given in the published notice as the date for filing of\nthe application.\n (l) such other persons or entities as the commission may at any time\ndeem appropriate.\n 2. The commission shall designate such members of its staff as may be\ndesirable to represent the public interest in such proceedings.\n 3. Any person may make a limited appearance in the proceeding,\nentitling such person to file a statement in writing, by filing a copy\nof such statement within sixty days after the date given in the\npublished notice as the date for filing the application. All papers and\nmatters filed by a person making a limited appearance shall become part\nof the record. No person making a limited appearance shall be a party or\nshall have the right to present oral testimony or cross-examine\nwitnesses or parties.\n 4. The commission may, for good cause shown, permit a municipality\nentitled to become a party under subdivision one, but which has failed\nto file the requisite notice of intent within the time required, to\nbecome a party, and to participate in all subsequent stages of the\nproceeding.\n 5. Notwithstanding the time limits set forth in paragraphs (i), (j)\nand (k) of subdivision one and in subdivision three of this section, a\nperson shall file the notice or statement described in those\nsubdivisions within fifteen days after the date given in the published\nnotice as the date for filing the application, when the application is\none with respect to a fuel gas transmission line as defined in section\none hundred twenty.\n