N.Y. Public Service Law § 122: Application for a certificate

§ 122. Application for a certificate. 1. An applicant for a

certificate shall file with the commission an application, in such form

as the commission may prescribe, containing the following information:

(a) the location of the site or right-of-way; (b) a description of the

transmission facility to be built thereon; (c) a summary of any studies

which have been made of the environmental impact of the project, and a

description of such studies; (d) a statement explaining the need for the

facility; (e) a description of any reasonable alternate location or

locations for the proposed facility, a description of the comparative

merits and detriments of each location submitted, and a statement of the

reasons why the primary proposed location is best suited for the

facility; and (f) such other information as the applicant may consider

relevant or the commission may by regulation require. Copies of all the

studies referred to in (c) above shall be filed with the commission and

shall be available for public inspection.

2. Each application shall be accompanied by proof of service of: (a) a

copy of such application on:

i. each municipality in which any portion of such facility is to be

located, both as primarily proposed and in the alternative locations

listed. Notice to a municipality shall be addressed to the chief

executive officer thereof and shall specify the date on or about which

the application is to be filed;

ii. the commissioner of environmental conservation, the commissioner

of economic development, the secretary of state, the commissioner of

agriculture and markets and the commissioner of parks, recreation and

historic preservation;

iii. each member of the legislature through whose district the

facility or any alternate proposed in the application would pass;

iv. in the event such facility or any portion thereof is located

within its jurisdiction, the Tug Hill commission;

v. in the event such facility or any portion thereof is located within

the Adirondack park, as defined in subdivision one of section 9--0101 of

the environmental conservation law, the Adirondack park agency.

(b) a notice of such application on persons residing in municipalities

entitled to receive notice under subparagraph i of paragraph a of this

subdivision. Such notice shall be given by the publication of a summary

of the application and the date on or about which it will be filed, to

be published under regulations to be promulgated by the commission, in

such form and in such newspapers as will serve substantially to inform

the public of such application.

(c) to the greatest extent practicable, each landowner of land on

which any portion of such proposed facility is to be located shall be

served by first class mail with a notice that such landowner's property

may be impacted by a project, including a description of the project and

an explanation of how to file with the commission a notice of intent to

be a party to the certification proceedings and the timeframe for filing

such application.

3. Inadvertent failure of service on any of the municipalities,

persons, agencies, bodies or commissions named in subdivision two may be

cured pursuant to regulations of the commission designed to afford such

persons adequate notice to enable them to participate effectively in the

proceeding. In addition, the commission may, after filing, require the

applicant to serve notice of the application or copies thereof or both

upon such other persons and file proof thereof as the commission may

deem appropriate.

4. An application for an amendment of a certificate shall be in such

form and contain such information as the commission shall prescribe.

Notice of such an application shall be given as set forth in subdivision

two.

5. (a) For every application deemed complete by the commission after

the effective date of this subdivision, each application shall be

accompanied by a fee in an amount equal to: for electric major utility

transmission facilities of one hundred twenty-five kilovolts or more

extending a distance of over one hundred miles, four hundred fifty

thousand dollars; for electric major utility transmission facilities of

one hundred twenty-five kilovolts or more extending a distance of over

fifty miles to one hundred miles, three hundred fifty thousand dollars;

for electric major utility transmission facilities, requiring a new

right of way and one hundred twenty-five kilovolts or more extending a

distance of ten miles to fifty miles, one hundred thousand dollars; for

electric major utility transmission facilities utilizing an existing

right of way and one hundred twenty-five kilovolts or more extending a

distance of ten miles to fifty miles, fifty thousand dollars. All such

fees shall be deposited in the intervenor account, established pursuant

to section ninety-seven-tt of the state finance law, to be disbursed at

the commission's direction, to defray expenses incurred by municipal and

other parties to the proceeding (except a municipality which is the

applicant) for expert witness, consultant, administrative and legal

fees, provided, however, such expenses shall not be available for

judicial review. If at any time subsequent to the filing of the

application, the application is amended in a manner that warrants

substantial additional scrutiny, the commission may require an

additional intervenor fee in an amount not to exceed one hundred

twenty-five thousand dollars. The commission shall provide for

transcripts, the reproduction and service of documents, and the

publication of required notices, for municipal and other local parties,

in all appropriate languages. Any moneys remaining in the intervenor

account after the commission's jurisdiction over an application has

ceased shall be returned to the applicant.

(b) Notwithstanding any other provision of law to the contrary, the

commission shall provide by rules and regulations for the management of

the intervenor account and for disbursements from the account, which

rules and regulations shall be consistent with the purpose of this

section to make available to municipal parties at least one-half of the

amount of the intervenor account and for uses specified in paragraph (a)

of this subdivision. In addition, the commission shall provide other

parties up to one-half of the amount of the intervenor account,

provided, however, that the commission shall assure that the purposes

for which moneys in the intervenor account will be expended will

contribute to an informed decision as to the appropriateness of the site

and facility and are made available on an equitable basis in a manner

which facilitates broad public participation.