N.Y. Public Service Law § 126: The decision

§ 126. The decision. 1. The commission shall render a decision upon

the record either granting or denying the application as filed or

granting it upon such terms, conditions, limitations or modifications of

the construction or operation of the facility as the commission may deem

appropriate. If the commission denies the application, it shall file,

with its order, an opinion stating in full its reasons for the denial.

Except as provided in subdivision two of this section, the commission

may not grant a certificate for the construction or operation of a major

utility transmission facility, either as proposed or as modified by the

commission, unless it shall find and determine:

(a) the basis of the need for the facility;

(b) the nature of the probable environmental impact;

* (c) that the facility avoids or minimizes to the extent practicable

any significant adverse environmental impact, considering the state of

available technology and the nature and economics of the various

alternatives, and other pertinent considerations including but not

limited to, the effect on agricultural lands, wetlands, parklands and

river corridors traversed;

* NB Effective until December 31, 2030

* (c) that the facility represents the minimum adverse environmental

impact, considering the state of available technology and the nature and

economics of the various alternatives, and other pertinent

considerations including but not limited to, the effect on agricultural

lands, wetlands, parklands and river corridors traversed;

* NB Effective December 31, 2030

* (d) that the facility avoids or minimizes to the extent practicable

any significant adverse impact on active farming operations that produce

crops, livestock and livestock products, as defined in section three

hundred one of the agriculture and markets law, considering the state of

available technology and the nature and economics of various

alternatives, and the ownership and easement rights of the impacted

property;

* NB Effective until December 31, 2030

* (d) that the facility represents a minimum adverse impact on active

farming operations that produce crops, livestock and livestock products,

as defined in section three hundred one of the agriculture and markets

law, considering the state of available technology and the nature and

economics of various alternatives, and the ownership and easement rights

of the impacted property;

* NB Effective December 31, 2030

(e) in the case of an electric transmission line, (1) what part, if

any, of the line shall be located underground; (2) that such facility

conforms to a long-range plan for expansion of the electric power grid

of the electric systems serving this state and interconnected utility

systems, which will serve the interests of electric system economy and

reliability;

(f) in the case of a gas transmission line, that the location of the

line will not pose an undue hazard to persons or property along the area

traversed by the line;

(g) that the location of the facility as proposed conforms to

applicable state and local laws and regulations issued thereunder, all

of which shall be binding upon the commission, except that the

commission may refuse to apply any local ordinance, law, resolution or

other action or any regulation issued thereunder or any local standard

or requirement which would be otherwise applicable if it finds that as

applied to the proposed facility such is unreasonably restrictive in

view of the existing technology, or of factors of cost or economics, or

of the needs of consumers whether located inside or outside of such

municipality;

(h) that the facility will serve the public interest, convenience, and

necessity, provided, however, that a determination of necessity made by

the power authority of the state of New York pursuant to section ten

hundred five of the public authorities law for a major utility

transmission facility for which an application has been filed prior to

July first, nineteen hundred seventy-eight pursuant to section one

hundred twenty-two of this chapter, shall be conclusive on the

commission.

2. In the case of an electric transmission line to be constructed by

the power authority of the state of New York and located in part under

the waters of Long Island Sound and for the remaining part underground,

the commission shall make only the findings and determinations required

by paragraphs (b), (c) and (f) of subdivision one of this section and,

on the basis of such findings and determinations, shall grant, grant in

part, or deny the certificate.

3. If the commission determines that the location of all or a part of

the proposed facility should be modified, it may condition its

certificate upon such modification, provided that the municipalities and

persons residing in such municipalities affected by the modification

shall have had notice of the application as provided in subdivision two

of section one hundred twenty-two.

4. A copy of the order and any opinion issued therewith pursuant to

section one hundred twenty-seven shall be served upon each party.