N.Y. Environmental Conservation Law § 15-1707: Procedure on application for license

§ 15-1707. Procedure on application for license.

1. Each applicant for a license shall submit to the department a

written verified application in such form as the department may

prescribe and containing such data or information of the applicant's

project as the department may require. It shall be accompanied by

proposed plans and specifications showing the nature and extent of the

applicant's proposed development and estimates of cost as may be

required for a full understanding of the proposed project. Such maps,

plans and specifications when approved by the department shall be made a

part of the license; and thereafter no changes shall be made in such

maps, plans or specifications until such changes shall have been

approved and made a part of such license by the department. Applications

shall be filed with the department in the order of their receipt.

2. Each license covering water power sites or lands, the title to

which is vested in the state, shall require the payment by the licensee

of an annual charge measured by a fair rental value thereof; in other

cases, except where the state has no proprietary interest, an equitable

annual charge may be made, in determining which the department shall

give consideration to the cost of producing power by others in

competition with the licensee; and every license shall require the

payment by the licensee of an annual charge for the purpose of

reimbursing the state for the cost of administration of the provisions

of title 17 of this article. The department, by resolution, shall fix

and determine such annual charge, and the time or stage of development

from which rentals are to be computed, whereupon if one or more

applicants signifies his readiness, and establishes to the satisfaction

of the department his ability, to construct and maintain the proposed

project, to pay the charge or rental fixed by the department, and

otherwise to comply with the provisions of title 17 of this article in

the use of such water and property, it shall give notice of such

determination and of a time, not less than fifteen days from the date of

the first publication of the notice, and of the place of a meeting of

the department to take action on such application or applications.

3. A copy of such determination and notice shall be served upon each

applicant for the license not less than fifteen days previous to the

date set for the hearing. If the application applies to or may affect

any canal or canal feeder waters, a like notice shall be given to the

Commissioner of Transportation. The department shall also cause such

notice to be published as provided in subdivision 1 of section 15-0903.

4. At the time and place designated in such notice, or at a time and

place to which the meeting may be adjourned, the department shall

determine whether the plan or plans set forth in the application or

applications on file with the department, or any such plan, is or may be

consistent with the proper development, conservation and utilization in

the public interest of power resources of the water shed, stream or

localities to be affected by the determination. If it shall determine

that any of the plans is consistent with such development, conservation

and utilization and that there is no reason why the water power involved

should at the time be withheld in the public interest from development

by private interests, it may grant the application. If there be two or

more such applications it shall decide which of the plans is most

suitable for the proper development, conservation and utilization in the

public interest of the water power resources of the water shed, stream

or locality affected.

5. The department in granting the license shall accord a preference to

the applicant whose plans, being approved under the preceding

subdivision, are best adapted to properly develop the water power site

or sites covered by the application, provided that it is satisfied that

such applicant is reliable and responsible and capable of consummating

the project; and provided further that as between two or more plans

equally well adapted to such purpose, a preference may be given to the

application of a municipal corporation, if an order shall have been

previously made by the Public Service Commission approving the

installation of a municipal power plant which it proposes to install

under the license, or in default of such an application to a riparian

owner, and, otherwise, to the application first filed with the

department; and provided further that the department may impose as a

condition of granting the license that the plan be modified to improve

the development or otherwise conserve the public interest or protect

private rights.

6. The department from time to time, either before or after a license

is granted, may permit minor changes and corrections to be made in any

map, plans or specifications filed by an applicant for the purpose of

improving the same. It may also permit changes to be made therein for

the purpose of better adapting the same to the development, conservation

and utilization in the public interest of the water power resources of

the water shed, stream or locality affected. No correction or change

shall be made under this subdivision until the same has been authorized

by a resolution adopted by the department.