N.Y. Environmental Conservation Law § 15-1725: Prosecution of project works

§ 15-1725. Prosecution of project works.

1. The licensee shall commence the construction of the project works

within the time fixed therefor in the license. He shall thereafter in

good faith and with due diligence continue the construction thereof, and

within the time fixed in the license complete and put into operation the

whole of such development work or such part or parts thereof as the

license prescribes; except that when not incompatible with the public

interest, the department may, from time to time, for good cause, by

resolution extend the time either for the commencement of construction

or for the completion thereof.

2. The licensee shall, when required by the department and as often as

once in every six months during the course of the construction, file

with the department a detailed statement of the cost of the project

during the period covered by the statement. Within six months after the

licensee has filed its final statement after the completion of the

project, the department shall file a statement of the total cost of the

investment.

3. The department at such time or times as it deems proper may examine

any statement of the licensee, whether partial or complete, and hold a

hearing to determine whether the same correctly states the cost of the

project or part thereof, as therein set forth, and shall have power to

determine whether any part of the expenditure has been made wastefully,

or in disregard of the terms of the license, or in bad faith, and to

deduct such items improperly included as may be necessary to make such

statement or statements conform to the fair and actual cost of the

project or part thereof. Subject to review as provided in section

15-0905, the determination of the department shall be conclusive for all

purposes as to the amount of such investment as shown by any such

statement.