* § 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 commission 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) studies, identifying the author and date thereof, which have been
made of the expected environmental impact and safety of the project,
both during its construction and its operation, including a description
of (i) the gaseous, liquid and solid wastes to be produced by the
facility, including their source, anticipated volumes, composition and
temperature, and such other attributes as the commission may specify,
and the probable level of noise during construction and operation of the
facility; and (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 concentration of wastes to
be released to the environment under any operating conditions of the
facility, including such meteorological, hydrological and other
information needed to support such estimates; (iv) 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;

(c) estimated cost information, including plant costs by account, all
expenses by categories, including fuel costs, location 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;

(d) 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 and safety; (iv) how the facility
conforms to a long-range plan for the development of an integrated
statewide power system;

(e) 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; and

(f) such other information as the applicant may consider relevant or
as may be required by the commission or the board. Copies of the
application, including the required information, shall be filed with the
commission and shall be available for public inspection.

2. Each application shall be accompanied by proof of service, in such
manner as the commission 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 ex officio member of the board and on the chairman of the
board for transmission to the appointed member as soon after his
appointment as practicable;

iii. the attorney general;

iv. the secretary of state;

v. a library servicing the district of each member of the state
legislature in which any portion of the facility is to be located as
primarily proposed or in the alternative locations listed;

vi. 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;

vii. in the event such facility or any portion thereof, as primarily
proposed or in other alternative locations listed, is located within its
jurisdiction, the St. Lawrence-eastern Ontario commission.

viii. 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 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 commission, 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 commission 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 shall
not be jurisdictional and 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 information as the commission shall prescribe. Notice
of such an application shall be given as set forth in subdivision two.

5. If an alternative location, not listed in the application, is
proposed in the certification proceeding, notice of such proposed
alternative site shall be given as set forth in subdivision two.

6. a. Each application shall be accompanied by a fee of twenty-five
thousand dollars to be used to establish a fund (hereafter in this
section referred to as the "fund") to defray expenses incurred by
municipal parties to the proceeding (except a municipality which is the
applicant) for expert witness and consultant fees. The commission 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 twenty-five thousand dollar fee required by paragraph a shall
be deposited in one or more separate accounts in one or more banks of
the commission's choosing insured by the federal deposit insurance
corporation. Notwithstanding any other provision of law to the contrary,
the commission 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 monies from such fund for uses specified in this
section.

* NB Expired January 1, 1979

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

31, 1978

* NB There are 2 § 142's