N.Y. Public Service Law 122 – Application for a certificate
§ 122. Application for a certificate. 1. An applicant for a certificate shall file with the commission an application, in such form as the commission may prescribe, containing the following information: (a) the location of the site or right-of-way; (b) a description of the transmission facility to be built thereon; (c) a summary of any studies which have been made of the environmental impact of the project, and a description of such studies; (d) a statement explaining the need for the facility; (e) a description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits and detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; and (f) such other information as the applicant may consider relevant or the commission may by regulation require. Copies of all the studies referred to in (c) above shall be filed with the commission and shall be available for public inspection.
Terms Used In N.Y. Public Service Law 122
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Landowner: means the holder of any right, title, or interest in real property subject to a proposed site or right of way as identified from the most recent tax roll of the appropriate city or county. See N.Y. Public Service Law 120
- Municipality: means a county, city, town or village in the state. See N.Y. Public Service Law 120
2. Each application shall be accompanied by proof of service of: (a) a copy of such application on:
i. each municipality in which any portion of such facility is to be located, both as primarily proposed and in the alternative locations listed. Notice to a municipality shall be addressed to the chief executive officer thereof and shall specify the date on or about which the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner of economic development, the secretary of state, the commissioner of agriculture and markets and the commissioner of parks, recreation and historic preservation;
iii. each member of the legislature through whose district the facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located within its jurisdiction, the Tug Hill commission;
v. in the event such facility or any portion thereof is located within the Adirondack park, as defined in subdivision one of section 9–0101 of the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities entitled to receive notice under subparagraph i of paragraph a of this subdivision. Such notice shall be given by the publication of a summary of the application and the date on or about which it will be filed, to be published under regulations to be promulgated by the commission, in such form and in such newspapers as will serve substantially to inform the public of such application.
(c) to the greatest extent practicable, each landowner of land on which any portion of such proposed facility is to be located shall be served by first class mail with a notice that such landowner's property may be impacted by a project, including a description of the project and an explanation of how to file with the commission a notice of intent to be a party to the certification proceedings and the timeframe for filing such application.
3. Inadvertent failure of service on any of the municipalities, persons, agencies, bodies or commissions named in subdivision two may be cured pursuant to regulations of the commission designed to afford such persons adequate notice to enable them to participate effectively in the proceeding. In addition, the commission may, after filing, require the applicant to serve notice of the application or copies thereof or both upon such other persons and file proof thereof as the commission may deem appropriate.
4. An application for an amendment of a certificate shall be in such form and contain such information as the commission shall prescribe. Notice of such an application shall be given as set forth in subdivision two.
5. (a) For every application deemed complete by the commission after the effective date of this subdivision, each application shall be accompanied by a fee in an amount equal to: for electric major utility transmission facilities of one hundred twenty-five kilovolts or more extending a distance of over one hundred miles, four hundred fifty thousand dollars; for electric major utility transmission facilities of one hundred twenty-five kilovolts or more extending a distance of over fifty miles to one hundred miles, three hundred fifty thousand dollars; for electric major utility transmission facilities, requiring a new right of way and one hundred twenty-five kilovolts or more extending a distance of ten miles to fifty miles, one hundred thousand dollars; for electric major utility transmission facilities utilizing an existing right of way and one hundred twenty-five kilovolts or more extending a distance of ten miles to fifty miles, fifty thousand dollars. All such fees shall be deposited in the intervenor account, established pursuant to § 97 of the state finance law, to be disbursed at the commission's direction, to defray expenses incurred by municipal and other parties to the proceeding (except a municipality which is the applicant) for expert witness, consultant, administrative and legal fees, provided, however, such expenses shall not be available for judicial review. If at any time subsequent to the filing of the application, the application is amended in a manner that warrants substantial additional scrutiny, the commission may require an additional intervenor fee in an amount not to exceed one hundred twenty-five thousand dollars. The commission shall provide for transcripts, the reproduction and service of documents, and the publication of required notices, for municipal and other local parties, in all appropriate languages. Any moneys remaining in the intervenor account after the commission's jurisdiction over an application has ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the commission shall provide by rules and regulations for the management of the intervenor account and for disbursements from the account, which rules and regulations shall be consistent with the purpose of this section to make available to municipal parties at least one-half of the amount of the intervenor account and for uses specified in paragraph (a) of this subdivision. In addition, the commission shall provide other parties up to one-half of the amount of the intervenor account, provided, however, that the commission shall assure that the purposes for which moneys in the intervenor account will be expended will contribute to an informed decision as to the appropriateness of the site and facility and are made available on an equitable basis in a manner which facilitates broad public participation.