N.Y. Public Service Law § 81: Approval of incorporation and franchises; certificate

§ 81. Approval of incorporation and franchises; certificate. No steam

corporation shall begin construction of a steam plant without first

having obtained the permission and approval of the commission. No such

corporation shall exercise any right or privilege under any franchise

hereafter granted, or under any franchise heretofore granted but not

heretofore actually exercised, or the exercise of which shall have been

suspended for more than one year, without first having obtained the

permission and approval of the commission. Before such certificate shall

be issued a certified copy of the charter of such corporation shall be

filed in the office of the commission, together with a verified

statement of the president and secretary of the corporation, showing

that it has received the required consent of the proper municipal

authorities. The commission shall have power to grant the permission and

approval herein specified whenever it shall after due hearing determine

that such construction or such exercise of the right, privilege or

franchise is necessary or convenient for the public service.

No municipality shall build, maintain and operate for other than

municipal purposes any works or systems for the manufacture and

supplying of steam for purposes without a certificate of authority

granted by the commission. If the certificate of authority is refused,

no further proceedings shall be taken by such municipality before the

commission, but a new application may be made therefor after one year

from the date of such refusal.