N.Y. Public Service Law 144 – 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
- 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
- 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.
- Department: means the state department of public service. See N.Y. Public Service Law 140
- 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
- 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
- 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 environmental impact of the proposed facility, and any alternate facility or energy source on the environment and whether and how such facility would comply with applicable state and municipal environmental protection laws, standards, rules and regulations;
(c) the department of commerce;
(d) the department of health;
(e) the department of agriculture and markets;
(f) the state energy office;
(g) where the facility or any portion thereof or of any alternate is to be located within its jurisdiction, the Hudson river valley commission;
(h) where the facility or any portion thereof or of any alternate is to be located within its jurisdiction, the St. Lawrence-eastern Ontario commission;
(i) where the facility or any portion thereof or of 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;
(j) a municipality entitled to receive a copy of the application under paragraph (a) of subdivision two of section one hundred forty-two of this article, if it has filed with the board a notice of intent to be a party, within forty-five days after the date given in the published notice as the date for the filing of the application; any municipality entitled to be a party herein and seeking to enforce any local ordinance, law, resolution or other action or regulation otherwise applicable shall present evidence in support thereof or shall be barred from the enforcement thereof;
(k) 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 of this article if he has filed with the board a notice of intent to be a party, within forty-five days after the date given in the published notice as the date for filing of the application;
(l) 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 is to be located, if it has filed with the board a notice of intent to become a party, within forty-five 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 located within a five mile radius of such proposed facility, if it or he has filed with the board a notice of intent to become a party, within forty-five days after the date given in the published notice as the date for filing of the application;
(n) any other municipality or resident of such municipality which the 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 board a notice of intent to become a party, within forty-five 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
(o) such other persons or entities as the board may at any time deem appropriate, who may participate in all subsequent stages of the proceeding.
2. The department shall designate members of its staff who shall participate as a party in proceedings under this article.
3. Any person may make a limited appearance in the proceeding by filing a statement of his intent to limit his appearance 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 may for good cause shown, permit a municipality entitled to become a party under subdivision one of this section, 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, 1989
* NB Operative with regard to applications filed on or before December
31, 1988
* NB There are 2 § 144's