N.Y. Public Service Law 124 – Parties to certification proceedings
§ 124. Parties to certification proceedings. 1. The parties to the certification proceedings shall include:
Terms Used In N.Y. Public Service Law 124
- 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.
- 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 120
- 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 120
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) the applicant
(b) the department of environmental conservation
(c) the department of commerce
(d) the secretary of state.
(e) the department of agriculture and markets.
(f) the office of parks, recreation and historic preservation.
(g) where the facility or any portion thereof or of any alternate is to be located within its jurisdiction, the Tug Hill 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 notice under paragraph (a) of subdivision two of section one hundred twenty-two, if it has filed with the commission a notice of intent to be a party, within thirty days after the date given in the notice as the date for filing of the application.
(j) any individual resident in a municipality entitled to receive notice under paragraph (a) of subdivision two of section one hundred twenty-two, if he has filed with the commission a notice of intent to be a party, within thirty days after the date given in the published notice as the date for filing of the application.
(k) any domestic 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 the areas in which the facility is to be located, if it has filed with the commission a notice of intent to become a party, within thirty days after the date given in the published notice as the date for filing of the application.
(l) such other persons or entities as the commission may at any time deem appropriate.
2. The commission shall designate such members of its staff as may be desirable to represent the public interest in such proceedings.
3. Any person may make a limited appearance in the proceeding, entitling such person to file a statement in writing, by filing a copy of such statement within sixty days after the date given in the published notice as the date for filing the application. 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 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.
5. Notwithstanding the time limits set forth in paragraphs (i), (j) and (k) of subdivision one and in subdivision three of this section, a person shall file the notice or statement described in those subdivisions within fifteen days after the date given in the published notice as the date for filing the application, when the application is one with respect to a fuel gas transmission line as defined in section one hundred twenty.