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This entry was published on 2015-12-18
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SECTION 122
Application for a certificate
Public Service (PBS) CHAPTER 48, ARTICLE 7
§ 122. Application for a certificate. 1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.

2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on:

i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice 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. the commissioner of environmental conservation, the commissioner
of economic development, the secretary of state, the commissioner of
agriculture and markets and the commissioner of parks, recreation and
historic preservation;

iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;

iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission;

v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.

(b) a notice of such application on persons residing in municipalities
entitled to receive notice 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 commission, in
such form and in such newspapers as will serve substantially to inform
the public of such application.

(c) to the greatest extent practicable, each landowner of land on
which any portion of such proposed facility is to be located shall be
served by first class mail with a notice that such landowner's property
may be impacted by a project, including a description of the project and
an explanation of how to file with the commission a notice of intent to
be a party to the certification proceedings and the timeframe for filing
such application.

3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission 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 commission may
deem appropriate.

4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.

5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.

(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.