N.Y. Public Service Law 144*2 – Parties to a certification proceeding
* § 144. Parties to a certification proceeding. 1. The parties to the certification proceedings shall include:
Terms Used In N.Y. Public Service Law 144*2
- Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of five persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of commerce and one of whom shall be an ad hoc member appointed by the governor, who shall be a resident of the judicial district in which the facility as primarily proposed is to be located. See N.Y. Public Service Law 140*2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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 in the state. See N.Y. Public Service Law 140*2
- Person: means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate. See N.Y. Public Service Law 140*2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) the applicant;
(b) the department of environmental conservation, which shall in any such proceeding present expert testimony and information concerning the potential impact of the proposed facility and any alternative facility or energy source on the environment, and whether and how such facilities would comply with applicable state and municipal environmental protection laws, standards, policies, rules and regulations;
(c) the department of commerce;
(d) the department of health;
(e) the secretary of state;
(f) where the facility or any portion thereof or of any alternate is to be located within its jurisdiction, the Hudson river valley commission;
(g) where the facility or any portion thereof or of any alternate is to be located within its jurisdiction, the St. Lawrence-eastern Ontario commission;
(h) where the facility or any portion thereof or any alternate is to be located within the Adirondack park, as defined in subdivision one of section 9-0101 of the environmental conservation law, the Adirondack park agency;
(i) a municipality entitled to receive a copy of the application under paragraph (a) of subdivision two of section one hundred forty-two, if it has filed with the commission a notice of intent to be a party, within ninety days after the date given in the published notice as the date for filing of the application;
(j) any individual resident in a municipality entitled to receive a copy of the application under paragraph (a) of subdivision two of section one hundred forty-two, if he has filed with the commission a notice of intent to be a party, within ninety days after the date given in the published notice as the date for filing of the application;
(k) any non-profit corporation or association, formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups or to promote the orderly development of any area in which the facility may be located, if it has filed with the commission a notice of intent to become a party, within ninety days after the date given in the published notice as the date for filing of the application;
(l) any other municipality or resident of such municipality located within a five mile radius of such proposed facility, if it or he has filed with the commission a notice of intent to become a party, within ninety days after the date given in the published notice as the date for filing of the application;
(m) any other municipality or resident of such municipality which the commission or board in its discretion finds to have an interest in the proceeding because of the potential environmental effects on such municipality or person, if the municipality or person has filed with the commission a notice of intent to become a party, within ninety days after the date given in the published notice as the date for filing of the application together with an explanation of the potential environmental effects on such municipality or person; and
(n) such other persons or entities as the commission or board may at any time deem appropriate, who may participate in all subsequent stages of the proceeding.
2. The department of public service shall designate members of its staff who may present evidence concerning any relevant and material matter and shall otherwise participate in proceedings under this article.
3. Any person may make a limited appearance in the proceeding by filing a statement in writing at any time prior to the commencement of the hearing. All papers and matters filed by a person making a limited appearance shall become part of the record. No person making a limited appearance shall be a party or shall have the right to present oral testimony or cross-examine witnesses or parties.
4. The board or the commission may for good cause shown, permit a municipality entitled to become a party under subdivision one, but which has failed to file the requisite notice of intent within the time required, to become a party, and to participate in all subsequent stages of the proceeding.
* NB Expired January 1, 1979
* NB Operative with regard to applications filed on or before December
31, 1978
* NB There are 2 § 144's