* § 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 impact of the proposed facility and any alternative facility
or energy source on the environment, and whether and how such facilities
would comply with applicable state and municipal environmental
protection laws, standards, policies, rules and regulations;

(c) the department of commerce;

(d) the department of health;

(e) the secretary of state;

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

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

(h) where the facility or any portion thereof or 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;

(i) a municipality entitled to receive a copy of the application under
paragraph (a) of subdivision two of section one hundred forty-two, if it
has filed with the commission a notice of intent to be a party, within
ninety days after the date given in the published notice as the date for
filing of the application;

(j) 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, if he has filed with the commission a
notice of intent to be a party, within ninety days after the date given
in the published notice as the date for filing of the application;

(k) 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 may be located, if it has filed with the
commission a notice of intent to become a party, within ninety days
after the date given in the published notice as the date for filing of
the application;

(l) 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 commission a notice of intent to become a party, within
ninety 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 which the
commission or 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
commission a notice of intent to become a party, within ninety 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

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

2. The department of public service shall designate members of its
staff who may present evidence concerning any relevant and material
matter and shall otherwise participate in proceedings under this
article.

3. Any person may make a limited appearance in the proceeding by
filing a statement 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 or the commission may for good cause shown, permit a
municipality entitled to become a party under subdivision one, 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, 1979

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

31, 1978

* NB There are 2 § 144's