N.Y. Energy Law 18-107 – Filing of application for certificate; docketing; convening of board
§ 18-107. Filing of application for certificate; docketing; convening of board. 1. Any person seeking to establish or operate a temporary nuclear waste repository shall file an application for a certificate with the commissioner. Copies of such application shall be served on each municipality within which the facility is proposed to be situated or operated, as well as with any other governmental agency specified in subdivision two or three of section 18-103 of this article having jurisdiction. Such application shall meet requirements of section 18-109 of this article. Such application shall be accompanied by a deposit of three hundred thousand dollars, which shall be used by the board to defray its expenses; provided, however, that upon the termination of a proceeding under this article, any unexpended balance shall be returned to the applicant.
Terms Used In N.Y. Energy Law 18-107
- Application: means an application for a certificate. See N.Y. Energy Law 18-101
- Board: means the state board on temporary nuclear waste repository siting established by section 18-105 of this article. See N.Y. Energy Law 18-101
- Certificate: means a temporary nuclear waste repository siting certificate issued pursuant to the provisions of this article. See N.Y. Energy Law 18-101
- Commissioner: means the commissioner of environmental conservation. See N.Y. Energy Law 18-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a county, city, town or village. See N.Y. Energy Law 18-101
- Person: means any individual, partnership, association, corporation, public benefit corporation, municipality, political subdivision, governmental agency (including any agency of the federal government), trust, estate, or other legal entity. See N.Y. Energy Law 18-101
- Temporary nuclear waste repository: means any facility where spent fuel rods from nuclear reactors are received on or after the effective date of this article and are stored pending further or final disposal, except a facility located in the immediate vicinity of a nuclear power generating facility or an operating nuclear reactor which is used to store, on an interim or temporary basis, spent nuclear fuel from nuclear power generating facilities or operating nuclear reactors located in this state. See N.Y. Energy Law 18-101
2. Within sixty days after the receipt of an application filed pursuant to this section, the commissioner shall determine whether the application complies with section 18-109 of this article. If he finds that the application does not so comply, he shall so inform the applicant.
3. Notwithstanding paragraphs one or two of section 18-107, upon a determination that an application is sufficiently complete for the board to make a decision on the findings in section 18-111 the commissioner shall transmit a copy of the application to the commissioner of health, and shall transmit to the governor, the temporary president of the senate and the speaker of the assembly, notification that the application has been filed seeking a certificate pursuant to this article, and that a board will be convened pursuant to the provisions of this article.
4. The commissioner shall transmit to each of the municipalities, agencies and persons required to receive a copy of the application pursuant to section 18-103 of this article or subdivision three of this section, a notice stating that the application has been docketed and stating the time and place of the first meeting of the board, which shall be not more than forty-five days after the date of such notice.
5. Upon receipt of notice from the commissioner convening a board, the temporary president of the senate and the speaker of the assembly shall each designate one person to be appointed by the governor to serve on the board.