N.Y. Public Service Law 141-A – Pre-application procedures
* § 141-a. Pre-application procedures. 1. Any person proposing to submit an application for a major steam electric generating facility may consult with, and seek agreement with, the staff of the department and the department of environmental conservation as to any study or program of studies made or to be made to support such application. If the staff of the department, the department of environmental conservation and the person proposing to file an application can agree as to the studies or program of studies to be conducted, they shall enter into a stipulation setting forth the agreement. Nothing herein, however, shall bar any party to a hearing on an application, other than any party to a pre-application agreement, from timely raising objections at the hearing to the methodology and scope of any stipulated studies or program of studies in any such agreement.
Terms Used In N.Y. Public Service Law 141-A
- 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 seven 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 the state energy office, one of whom shall be the commissioner of commerce and two of whom shall be public members appointed by the governor, one of whom shall be an ad hoc member who shall be a resident of the judicial district in which the facility as primarily proposed is to be located and one of whom shall be an ad hoc member who shall be a resident of the county in which the facility as primarily proposed is to be located. See N.Y. Public Service Law 140
- Department: means the state department of public service. See N.Y. Public Service Law 140
- Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. Public Service Law 140
- 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. In order to attempt to resolve any questions that may arise as a result of consultation pursuant to subdivision one of this section, the board shall designate a hearing examiner who shall mediate any issue relating to the methodology and scope of any studies or programs of study to which the staff of the department, the department of environmental conservation and the person seeking to file an application cannot agree. If the parties can agree, they shall enter into a stipulation setting forth the agreement. Nothing herein, however, shall bar any party to a hearing on an application other than any party to such a stipulation from timely raising objections at the hearing to the methodology and scope of any stipulated studies or program of studies in any such agreement.
* NB Expired January 1, 1989
* NB Operative with regard to applications filed on or before December
31, 1988