New York Public Service Law
1. After the receipt of an application filed pursuant to section one hundred forty-two of this article, the chairman of the board shall, within sixty days of such receipt, determine whether the application complies with such section one hundred forty-two and upon finding that the application so complies, fix a date for the commencement of a public hearing. If the chairman determines that an application does not conform to such section one hundred forty-two, he may nevertheless fix a date for the commencement of a public hearing on any portions of the application which do conform with such section and permit the filing of such additional information as may be needed to supplement an application before or during the hearings.
2. Within a reasonable time after the date has been fixed by the chairman for commencement of a public hearing, the presiding examiner shall hold a prehearing conference to expedite the orderly conduct and disposition of the hearing, to specify the issues, to obtain stipulations as to matters not disputed, and to deal with such other matters as the presiding examiner may deem proper. Thereafter, the presiding examiner shall issue an order identifying the issues to be addressed by the parties provided, however, that no such order shall preclude consideration of issues which warrant consideration in order to develop an adequate record as determined by an order of the board.
3. All parties shall be prepared to proceed in an expeditious manner at the hearing so that it may proceed regularly until completion. The place of the hearing shall be designated by the presiding examiner, except that hearings of sufficient duration to provide adequate opportunity to hear direct evidence and rebuttal evidence from residents of the area of the proposed location for the major steam electric generating facility, shall be held in such area and provided that if more than one company proposes to finance and own the facility at least one hearing, on adequate notice, shall be held in the service territory of each company.
4. Proceedings on an application shall be completed in all respects, including a final decision by the board, within twenty-four months after a determination by the chairman that an application complies with section one hundred forty-two of this article; provided, however, that the board may waive the deadline in order to give consideration to specific issues necessary to develop an adequate record, or by regulation, shorten the time period for completion of all proceedings.
5. On an application for an amendment of a certificate proposing a change in the facility likely to 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, a hearing shall be held in the same manner as a hearing on an application for a certificate. The board shall promulgate rules, regulations, and standards under which it shall determine whether hearings are required under this subdivision and shall make such determinations. * NB Expired January 1, 1989 * NB Operative with regard to applications filed on or before December 31, 1988 * NB There are 2 143s