N.Y. Public Service Law 123 – Hearing on application for certificate
§ 123. Hearing on application for certificate. 1. Upon the receipt of an application with respect to an electric transmission line that complies with section one hundred twenty-two, the commission shall promptly fix a date for the commencement of a public hearing thereon not less than sixty nor more than ninety days after such receipt. Except as otherwise provided in section one hundred twenty-one-a of this article upon the receipt of an application with respect to a fuel gas transmission line that complies with section one hundred twenty-two, the commission shall promptly fix a date for the commencement of a public hearing thereon not less than twenty nor more than sixty days after such receipt. The testimony presented at such hearing may be presented in writing or orally, provided that the commission may make rules designed to exclude repetitive, redundant or irrelevant testimony. The commission shall make a record of all testimony in all contested hearings.
Terms Used In N.Y. Public Service Law 123
- 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.
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Major utility transmission facility: means : (a) an electric transmission line of a design capacity of one hundred twenty-five kilovolts or more extending a distance of one mile or more, or of one hundred kilovolts or more and less than one hundred twenty-five kilovolts, extending a distance of ten miles or more, including associated equipment, but shall not include any such transmission line located wholly underground in a city with a population in excess of one hundred twenty-five thousand or a primary transmission line approved by the federal energy regulatory commission in connection with a hydro-electric facility; and (b) a fuel gas transmission line extending a distance of one thousand feet or more to be used to transport fuel gas at pressures of one hundred twenty-five pounds per square inch or more, excluding appurtenant facilities, but shall not include any such transmission line which is located wholly underground in a city or wholly within the right of way of a state, county or town highway or village street as those terms are defined in Article 1 of the highway law and Article 6 of the village law, or which replaces an existing transmission line, including appurtenant facilities, and extends a distance of less than one mile. See N.Y. Public Service Law 120
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. On an application for an amendment of a certificate, the commission shall hold a hearing in the same manner as a hearing is held on an application for a certificate if the change in the facility to be authorized would result in any material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of such facility other than as provided in the alternates set forth in the application.
* 3. Unless otherwise stipulated by the applicant:
(a) proceedings on an application for a major utility transmission facility as defined in paragraph a of subdivision two of section one hundred twenty of this article shall be completed in all respects, including a final decision by the commission, within twelve months from the date of a determination by the secretary of the commission that an application complies with section one hundred twenty-two of this article; provided, however, the commission may extend the deadline in reasonable circumstances by no more than six months in order to give consideration to specific issues necessary to develop an adequate record, because the applicant has been unable to obtain necessary approvals and/or consents related to highway crossings or for other reasons deemed in the public interest. The commission shall render a final decision on the application by the aforementioned deadlines unless such deadlines are waived by the applicant or if the applicant notices the application for settlement, in which case the timeframes established in this paragraph are tolled until such time that settlement discussions are suspended. If, at any time subsequent to the commencement of the hearing, there is a substantive and significant amendment to the application, the commission shall promptly fix a date for commencement of a public hearing thereon, such public hearing to commence no later than sixty days after receipt of such amendment. The commission shall issue a final decision thereon no later than six months after the conclusion of the public hearing, unless such deadline is waived by the applicant.
(b) the commission shall, for the purpose of meeting the goals of chapter one hundred six of the laws of two thousand nineteen, promulgate rules or regulations to establish an expedited process for proceedings on applications for a major utility transmission facility as defined in paragraph a of subdivision two of section one hundred twenty of this article that (i) would be constructed within existing rights-of-way, (ii) the commission determines in consultation with the department of environmental conservation would not result in any significant adverse environmental impacts considering current uses and conditions existing at the site, or (iii) would necessitate expanding the existing rights-of-way but such expansion is only for the purpose of complying with law, regulations, or industry practices relating to electromagnetic fields.
(c) for purposes of this subdivision, the following terms shall have the following meanings:
(i) "Expedited process" shall mean a process for proceedings on applications for a major electric transmission facility that is completed in all respects, including a final decision by the commission, within nine months from the date of a determination by the secretary of the commission that an application complies with section one hundred twenty-two of this article; provided, however, that if the applicant notices the application for settlement, the timeframe established in this paragraph shall be tolled until such time that settlement discussions are suspended.
(ii) "Right-of-way" shall mean (a) real property that is used or authorized to be used for electric utility purposes, or (b) real property owned or controlled by or under the jurisdiction of the state, a distribution utility, or a state public authority including by means of ownership, lease or easement, that is used or authorized to be used for transportation or canal purposes.
* NB Effective until December 31, 2030
* 3. Unless otherwise stipulated by the applicant, a final determination regarding an application for a certificate to construct transmission facilities for interconnection with a wind energy production facility located in the county of Lewis shall be rendered within six months from the date of receipt of a compliant application.
* NB Effective December 31, 2030