Public Service Law Section 142
Application for a certificate
1.An applicant for a certificate shall file with the chairman of the board an application, in such form as the board may prescribe containing the following information and materials:
(a)a description of the site and a description of the facility to be built thereon; including available site information, including maps and description, present and proposed development, source and volume of water required for plant operation and cooling, and as appropriate, geological, aesthetic, ecological, tsunami, seismic, biological, water supply, population and load center data;
(b)a description of any reasonable alternate location or locations for, and alternate practical sources of power to, the proposed facility; a description of the comparative advantages and disadvantages of each such location and source; and a statement of the reasons why the primary proposed location and source is best suited to promote the public health and welfare, including the recreational and other concurrent uses which the site may serve;
(c)studies, identifying the author and date thereof, which have been made of the expected environmental impact and safety of the facility, both during its construction and its operation, which studies are sufficient to identify (i) the anticipated gaseous, liquid and solid wastes to be produced at the facility including their source, anticipated volumes, composition and temperature, and such other attributes as the board may specify and the probable level of noise during construction and operation of the facility;
(ii)the treatment processes to reduce wastes to be released to the environment, the manner of disposal for wastes retained and measures for noise abatement;
(iii)the anticipated volumes of wastes to be released to the environment under any operating condition of the facility, including such meterological, hydrological and other information needed to support such estimates;
(iv)conceptual architectural and engineering plans indicating compatibility of the facility with the environment; and
(v)how the construction and operation of the facility, including transportation and disposal of wastes would comply with environmental health and safety standards, requirements, regulations and rules under state and municipal laws, and a statement why any variances or exceptions should be granted;
(d)estimated cost information, including plant costs by account, all expenses by categories including fuel costs, plant service life and capacity factor and total generating cost per kilowatt-hour, both at plant and including related transmission, and comparative costs of alternatives considered;
(e)a statement explaining the need for the facility including (i) reasons that the facility is necessary or desirable for the public welfare and is not incompatible with health and safety;
(ii)the load demands which the facility is designed to meet;
(iii)how the facility will contribute to system reliability, safety and efficiency; and
(iv)that the facility conforms to the current long range electric forecasts of the energy planning board; and
(f)such other information as the applicant may consider relevant or as may be required by the board. Copies of the application, including the required information, shall be filed with the board and shall be available for public inspection.
2.Each application shall be accompanied by proof of service, in such manner as the board shall prescribe, of:
(a)a copy of such application on (i) each municipality in which any portion of such facility is to be located as primarily proposed or in the alternative locations listed. Such copy 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)each member of the board;
(iii)the department of health;
(iv)the department of commerce;
(v)the department of agriculture and markets;
(vi)the secretary of state;
(vii)the attorney general;
(viii)the department of transportation;
(ix)a library serving the district of each member of the state legislature in whose district any portion of the facility is to be located as primarily proposed or in the alternative locations listed;
(x)in the event such facility or any portion thereof as primarily proposed or in the alternative locations listed is located within its jurisdiction, the Hudson river valley commission;
(xi)in the event such facility or any portion thereof as primarily proposed or in the alternative locations listed is located within its jurisdiction, the St. Lawrence-eastern Ontario commission; and
(xii)in the event that such facility or any portion thereof as primarily proposed or in the alternative locations listed is located within the Adirondack park, as defined in subdivision one of Environmental Conservation Law § 9-0101 (Definitions)section 9-0101 of the environmental conservation law, the Adirondack park agency.
(b)a notice of such application on (i) persons residing in municipalities entitled to receive a copy of the application 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 board, in such form and in such newspaper or newspapers as will serve substantially to inform the public of such application;
(ii)each member of the state legislature in whose district any portion of the facility is to be located as primarily proposed or in the alternative locations listed; and
(iii)persons who have filed a statement with the board within the past twelve months that they wish to receive all such notices concerning facilities in the area in which the facility is to be located as primarily proposed or in the alternative locations listed.
3.Inadvertent failure of service on any of the municipalities, persons, agencies, bodies or commissions named in subdivision two of this section shall not be jurisdicational and may be cured pursuant to regulations of the board designed to afford such persons adequate notice to enable them to participate effectively in the proceeding. In addition, the board 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 board may deem appropriate.
4.The board shall prescribe the form and content of an application for an amendment of a certificate to be issued hereunder. Notice of such an application shall be given as set forth in subdivision two of this section.
5.If an alternative location not listed in the application is proposed in the certification proceeding, notice of such proposed alternative shall be given as set forth in subdivision two of this section.
6.(a) Each application shall be accompanied by a fee of one hundred fifty thousand dollars to be used to establish a fund (hereafter in this section referred to as the “fund”) to be disbursed at the board’s direction, to defray expenses incurred by municipal and other local parties to the proceeding (except a municipality which is the applicant) for expert witness and consultant fees. The board shall provide transcripts, reproduce and serve documents, and publish required notices, for municipal parties. Any monies remaining in the fund, after the board has issued its decision on an application under this article and the time for applying for a rehearing and judicial review has expired, shall be returned to the applicant.
(b)The one hundred fifty thousand dollar fee required by paragraph (a) of this subdivision shall be deposited in one or more separate accounts in one or more banks of the board’s choosing insured by the federal deposit insurance corporation. Notwithstanding any other provision of law to the contrary, the board shall provide by rules and regulations for the management of the fund, for disbursements from the fund, and for the proper auditing of monies in the fund, which rules and regulations shall be consistent with the purpose of this section to make available to municipal parties up to seventy-five thousand dollars from such fund for uses specified in this section. In addition, the board shall provide other local parties up to seventy-five thousand dollars, provided however, that the board shall assure that such funds are made available on an equitable basis in a manner which facilitates broad public participation.
7.(a) The applicant shall also file with the chairman of the board, either concurrently with its application under subdivision one of this section or in a separate document to be incorporated therein, such evidence as will enable the board to evaluate the facility’s water intake and discharge systems and to reach a determination to issue therefor, subject to appropriate conditions and limitations, a permit under section four hundred two to the Federal Water Pollution Control Act amendments of nineteen hundred seventy-two (33 U.S.C. § 1342; P.L. 92-500. § 286 Stat. 880), as amended.
(b)After public notice and an opportunity to comment, the board shall promulgate such regulations as may be necessary to implement, with respect to major steam electric generating facilities, the permit program of the national pollutant discharge elimination system established pursuant to section four hundred two of the Federal Water Pollution Control Act amendments of nineteen hundred seventy-two. Such regulations shall be consistent with any state program requirements established by the United States environmental protection agency for state participation in the national pollutant discharge elimination system permit program and shall include procedures for early consideration and such prompt determination as is feasible of issues arising under such permit program. * NB Expired January 1, 1989 * NB Operative with regard to applications filed on or before December 31, 1988 * NB There are 2 § 142’s
Section 142 — Application for a certificate,
https://www.nysenate.gov/legislation/laws/PBS/142 (updated Sep. 22, 2014; accessed Nov. 25, 2023).