N.Y. Public Service Law § 123: Hearing on application for certificate

§ 123. Hearing on application for certificate. 1. Upon the receipt of

an application with respect to an electric transmission line that

complies with section one hundred twenty-two, the commission shall

promptly fix a date for the commencement of a public hearing thereon not

less than sixty nor more than ninety days after such receipt. Except as

otherwise provided in section one hundred twenty-one-a of this article

upon the receipt of an application with respect to a fuel gas

transmission line that complies with section one hundred twenty-two, the

commission shall promptly fix a date for the commencement of a public

hearing thereon not less than twenty nor more than sixty days after such

receipt. The testimony presented at such hearing may be presented in

writing or orally, provided that the commission may make rules designed

to exclude repetitive, redundant or irrelevant testimony. The commission

shall make a record of all testimony in all contested hearings.

2. On an application for an amendment of a certificate, the commission

shall hold a hearing in the same manner as a hearing is held on an

application for a certificate if the change in the facility to be

authorized would result in any material increase in any environmental

impact of the facility or a substantial change in the location of all or

a portion of such facility other than as provided in the alternates set

forth in the application.

* 3. Unless otherwise stipulated by the applicant:

(a) proceedings on an application for a major utility transmission

facility as defined in paragraph a of subdivision two of section one

hundred twenty of this article shall be completed in all respects,

including a final decision by the commission, within twelve months from

the date of a determination by the secretary of the commission that an

application complies with section one hundred twenty-two of this

article; provided, however, the commission may extend the deadline in

reasonable circumstances by no more than six months in order to give

consideration to specific issues necessary to develop an adequate

record, because the applicant has been unable to obtain necessary

approvals and/or consents related to highway crossings or for other

reasons deemed in the public interest. The commission shall render a

final decision on the application by the aforementioned deadlines unless

such deadlines are waived by the applicant or if the applicant notices

the application for settlement, in which case the timeframes established

in this paragraph are tolled until such time that settlement discussions

are suspended. If, at any time subsequent to the commencement of the

hearing, there is a substantive and significant amendment to the

application, the commission shall promptly fix a date for commencement

of a public hearing thereon, such public hearing to commence no later

than sixty days after receipt of such amendment. The commission shall

issue a final decision thereon no later than six months after the

conclusion of the public hearing, unless such deadline is waived by the

applicant.

(b) the commission shall, for the purpose of meeting the goals of

chapter one hundred six of the laws of two thousand nineteen, promulgate

rules or regulations to establish an expedited process for proceedings

on applications for a major utility transmission facility as defined in

paragraph a of subdivision two of section one hundred twenty of this

article that (i) would be constructed within existing rights-of-way,

(ii) the commission determines in consultation with the department of

environmental conservation would not result in any significant adverse

environmental impacts considering current uses and conditions existing

at the site, or (iii) would necessitate expanding the existing

rights-of-way but such expansion is only for the purpose of complying

with law, regulations, or industry practices relating to electromagnetic

fields.

(c) for purposes of this subdivision, the following terms shall have

the following meanings:

(i) "Expedited process" shall mean a process for proceedings on

applications for a major electric transmission facility that is

completed in all respects, including a final decision by the commission,

within nine months from the date of a determination by the secretary of

the commission that an application complies with section one hundred

twenty-two of this article; provided, however, that if the applicant

notices the application for settlement, the timeframe established in

this paragraph shall be tolled until such time that settlement

discussions are suspended.

(ii) "Right-of-way" shall mean (a) real property that is used or

authorized to be used for electric utility purposes, or (b) real

property owned or controlled by or under the jurisdiction of the state,

a distribution utility, or a state public authority including by means

of ownership, lease or easement, that is used or authorized to be used

for transportation or canal purposes.

* NB Effective until December 31, 2030

* 3. Unless otherwise stipulated by the applicant, a final

determination regarding an application for a certificate to construct

transmission facilities for interconnection with a wind energy

production facility located in the county of Lewis shall be rendered

within six months from the date of receipt of a compliant application.

* NB Effective December 31, 2030