N.Y. Environmental Conservation Law § 15-1721: Reservation in the license; state control of rates and use and distribution of power

§ 15-1721. Reservation in the license; state control of rates and use

and distribution of power.

1. Every license issued pursuant to title 17 of this article for a

project shall contain a provision expressly reserving to the state the

right to regulate and control the use and distribution of the power

generated by any licensee, and to fix reasonable rates to be charged by

the licensee under all circumstances for furnishing heat, light or power

generated wholly or partly by the use of property covered by the

license, and to regulate the service, capitalization and secured debt of

the licensee and licensed project.

2. Jurisdiction is hereby conferred upon, and it shall be the duty of,

the Public Service Commission to regulate and control the use and

distribution of all power generated by any licensee under title 17 of

this article, or generated by any person or public corporation, by the

use and diversion for power purposes of any waters of the state in which

the state has a proprietary right or interest, and to fix reasonable

rates to be charged by such licensee, or such person or public

corporation, for furnishing heat, light or power generated wholly or

partly by the use of water in which the state has a proprietary right or

interest. In the exercise of such jurisdiction the Public Service

Commission shall give preference to municipalities in the use and

distribution of power generated by such licensee or by such person or

public corporation. To carry out the provisions of this section, and

until otherwise provided by law, complaints, inspections,

investigations, hearings, rules, regulations, orders and determinations

may be made or had, and rules, regulations and orders enforced, in the

manner, so far as applicable, provided in the Public Service Commission

Law in respect of electrical corporations and of the manufacture, sale

and distribution of electricity.

3. Every license issued pursuant to this article shall contain a

condition that the development of power thereunder shall be subject to

the control and authority of the Public Service Commission to the extent

conferred upon such Commission by this section.