N.Y. Energy Law § 18-107: Filing of application for certificate; docketing; convening of board

§ 18-107. Filing of application for certificate; docketing; convening

of board. 1. Any person seeking to establish or operate a temporary

nuclear waste repository shall file an application for a certificate

with the commissioner. Copies of such application shall be served on

each municipality within which the facility is proposed to be situated

or operated, as well as with any other governmental agency specified in

subdivision two or three of section 18-103 of this article having

jurisdiction. Such application shall meet requirements of section 18-109

of this article. Such application shall be accompanied by a deposit of

three hundred thousand dollars, which shall be used by the board to

defray its expenses; provided, however, that upon the termination of a

proceeding under this article, any unexpended balance shall be returned

to the applicant.

2. Within sixty days after the receipt of an application filed

pursuant to this section, the commissioner shall determine whether the

application complies with section 18-109 of this article. If he finds

that the application does not so comply, he shall so inform the

applicant.

3. Notwithstanding paragraphs one or two of section 18-107, upon a

determination that an application is sufficiently complete for the board

to make a decision on the findings in section 18-111 the commissioner

shall transmit a copy of the application to the commissioner of health,

and shall transmit to the governor, the temporary president of the

senate and the speaker of the assembly, notification that the

application has been filed seeking a certificate pursuant to this

article, and that a board will be convened pursuant to the provisions of

this article.

4. The commissioner shall transmit to each of the municipalities,

agencies and persons required to receive a copy of the application

pursuant to section 18-103 of this article or subdivision three of this

section, a notice stating that the application has been docketed and

stating the time and place of the first meeting of the board, which

shall be not more than forty-five days after the date of such notice.

5. Upon receipt of notice from the commissioner convening a board, the

temporary president of the senate and the speaker of the assembly shall

each designate one person to be appointed by the governor to serve on

the board.