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This entry was published on 2020-04-17
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SECTION 123
Hearing on application for certificate
Public Service (PBS) CHAPTER 48, ARTICLE 7
§ 123. Hearing on application for certificate. 1. Upon the receipt of
an application with respect to an electric transmission line that
complies with section one hundred twenty-two, the commission shall
promptly fix a date for the commencement of a public hearing thereon not
less than sixty nor more than ninety days after such receipt. Except as
otherwise provided in section one hundred twenty-one-a of this article
upon the receipt of an application with respect to a fuel gas
transmission line that complies with section one hundred twenty-two, the
commission shall promptly fix a date for the commencement of a public
hearing thereon not less than twenty nor more than sixty days after such
receipt. The testimony presented at such hearing may be presented in
writing or orally, provided that the commission may make rules designed
to exclude repetitive, redundant or irrelevant testimony. The commission
shall make a record of all testimony in all contested hearings.

2. On an application for an amendment of a certificate, the commission
shall hold a hearing in the same manner as a hearing is held on an
application for a certificate if the change in the facility to be
authorized would 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 other than as provided in the alternates set
forth in the application.

* 3. Unless otherwise stipulated by the applicant:

(a) proceedings on an application for a major utility transmission
facility as defined in paragraph a of subdivision two of section one
hundred twenty of this article shall be completed in all respects,
including a final decision by the commission, within twelve months from
the date of a determination by the secretary of the commission that an
application complies with section one hundred twenty-two of this
article; provided, however, the commission may extend the deadline in
reasonable circumstances by no more than six months in order to give
consideration to specific issues necessary to develop an adequate
record, because the applicant has been unable to obtain necessary
approvals and/or consents related to highway crossings or for other
reasons deemed in the public interest. The commission shall render a
final decision on the application by the aforementioned deadlines unless
such deadlines are waived by the applicant or if the applicant notices
the application for settlement, in which case the timeframes established
in this paragraph are tolled until such time that settlement discussions
are suspended. If, at any time subsequent to the commencement of the
hearing, there is a substantive and significant amendment to the
application, the commission shall promptly fix a date for commencement
of a public hearing thereon, such public hearing to commence no later
than sixty days after receipt of such amendment. The commission shall
issue a final decision thereon no later than six months after the
conclusion of the public hearing, unless such deadline is waived by the
applicant.

(b) the commission shall, for the purpose of meeting the goals of
chapter one hundred six of the laws of two thousand nineteen, promulgate
rules or regulations to establish an expedited process for proceedings
on applications for a major utility transmission facility as defined in
paragraph a of subdivision two of section one hundred twenty of this
article that (i) would be constructed within existing rights-of-way,
(ii) the commission determines in consultation with the department of
environmental conservation would not result in any significant adverse
environmental impacts considering current uses and conditions existing
at the site, or (iii) would necessitate expanding the existing
rights-of-way but such expansion is only for the purpose of complying
with law, regulations, or industry practices relating to electromagnetic
fields.

(c) for purposes of this subdivision, the following terms shall have
the following meanings:

(i) "Expedited process" shall mean a process for proceedings on
applications for a major electric transmission facility that is
completed in all respects, including a final decision by the commission,
within nine months from the date of a determination by the secretary of
the commission that an application complies with section one hundred
twenty-two of this article; provided, however, that if the applicant
notices the application for settlement, the timeframe established in
this paragraph shall be tolled until such time that settlement
discussions are suspended.

(ii) "Right-of-way" shall mean (a) real property that is used or
authorized to be used for electric utility purposes, or (b) real
property owned or controlled by or under the jurisdiction of the state,
a distribution utility, or a state public authority including by means
of ownership, lease or easement, that is used or authorized to be used
for transportation or canal purposes.

* NB Effective until December 31, 2030

* 3. Unless otherwise stipulated by the applicant, a final
determination regarding an application for a certificate to construct
transmission facilities for interconnection with a wind energy
production facility located in the county of Lewis shall be rendered
within six months from the date of receipt of a compliant application.

* NB Effective December 31, 2030