* § 141-a. Pre-application procedures. 1. Any person proposing to
submit an application for a major steam electric generating facility may
consult with, and seek agreement with, the staff of the department and
the department of environmental conservation as to any study or program
of studies made or to be made to support such application. If the staff
of the department, the department of environmental conservation and the
person proposing to file an application can agree as to the studies or
program of studies to be conducted, they shall enter into a stipulation
setting forth the agreement. Nothing herein, however, shall bar any
party to a hearing on an application, other than any party to a
pre-application agreement, from timely raising objections at the hearing
to the methodology and scope of any stipulated studies or program of
studies in any such agreement.

2. In order to attempt to resolve any questions that may arise as a
result of consultation pursuant to subdivision one of this section, the
board shall designate a hearing examiner who shall mediate any issue
relating to the methodology and scope of any studies or programs of
study to which the staff of the department, the department of
environmental conservation and the person seeking to file an application
cannot agree. If the parties can agree, they shall enter into a
stipulation setting forth the agreement. Nothing herein, however, shall
bar any party to a hearing on an application other than any party to
such a stipulation from timely raising objections at the hearing to the
methodology and scope of any stipulated studies or program of studies in
any such agreement.

* NB Expired January 1, 1989

* NB Operative with regard to applications filed on or before December

31, 1988