* § 144. Parties to a certification proceeding. 1. The parties to the
certification proceedings shall include:

(a) the applicant;

(b) the department of environmental conservation, which shall in any
such proceeding present expert testimony and information concerning the
potential environmental impact of the proposed facility, and any
alternate facility or energy source on the environment and whether and
how such facility would comply with applicable state and municipal
environmental protection laws, standards, rules and regulations;

(c) the department of commerce;

(d) the department of health;

(e) the department of agriculture and markets;

(f) the state energy office;

(g) where the facility or any portion thereof or of any alternate is
to be located within its jurisdiction, the Hudson river valley
commission;

(h) where the facility or any portion thereof or of any alternate is
to be located within its jurisdiction, the St. Lawrence-eastern Ontario
commission;

(i) where the facility or any portion thereof or of any alternate is
to be located within the Adirondack park, as defined in subdivision one
of section 9-0101 of the environmental conservation law, the Adirondack
park agency;

(j) a municipality entitled to receive a copy of the application under
paragraph (a) of subdivision two of section one hundred forty-two of
this article, if it has filed with the board a notice of intent to be a
party, within forty-five days after the date given in the published
notice as the date for the filing of the application; any municipality
entitled to be a party herein and seeking to enforce any local
ordinance, law, resolution or other action or regulation otherwise
applicable shall present evidence in support thereof or shall be barred
from the enforcement thereof;

(k) any individual resident in a municipality entitled to receive a
copy of the application under paragraph (a) of subdivision two of
section one hundred forty-two of this article if he has filed with the
board a notice of intent to be a party, within forty-five days after the
date given in the published notice as the date for filing of the
application;

(l) any non-profit corporation or association, formed in whole or in
part to promote conservation or natural beauty, to protect the
environment, personal health or other biological values, to preserve
historical sites, to promote consumer interests, to represent commercial
and industrial groups or to promote the orderly development of any area
in which the facility is to be located, if it has filed with the board a
notice of intent to become a party, within forty-five days after the
date given in the published notice as the date for filing of the
application;

(m) any other municipality or resident of such municipality located
within a five mile radius of such proposed facility, if it or he has
filed with the board a notice of intent to become a party, within
forty-five days after the date given in the published notice as the date
for filing of the application;

(n) any other municipality or resident of such municipality which the
board in its discretion finds to have an interest in the proceeding
because of the potential environmental effects on such municipality or
person, if the municipality or person has filed with the board a notice
of intent to become a party, within forty-five days after the date given
in the published notice as the date for filing of the application,
together with an explanation of the potential environmental effects on
such municipality or person; and

(o) such other persons or entities as the board may at any time deem
appropriate, who may participate in all subsequent stages of the
proceeding.

2. The department shall designate members of its staff who shall
participate as a party in proceedings under this article.

3. Any person may make a limited appearance in the proceeding by
filing a statement of his intent to limit his appearance in writing at
any time prior to the commencement of the hearing. All papers and
matters filed by a person making a limited appearance shall become part
of the record. No person making a limited appearance shall be a party
or shall have the right to present oral testimony or cross-examine
witnesses or parties.

4. The board may for good cause shown, permit a municipality entitled
to become a party under subdivision one of this section, but which has
failed to file the requisite notice of intent within the time required,
to become a party, and to participate in all subsequent stages of the
proceeding.

* NB Expired January 1, 1989

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

31, 1988

* NB There are 2 § 144's