* § 145. Conduct of the hearing. 1. The hearing shall be conducted by
the presiding examiner appointed by the department of public service. An
associate hearing examiner shall be appointed by the department of
environmental conservation prior to the date set for commencement of the
public hearing. His primary responsibility during the pendency of the
proceeding shall be to attend hearings and otherwise participate as
associate examiner in such proceeding. The associate examiner shall
attend all hearings as scheduled by the presiding examiner and inquire
into and call for testimony concerning relevant and material matters.
The conclusions and recommendations of the associate examiner shall be
incorporated in the recommended decision of the presiding examiner,
unless the associate examiner prefers to submit a separate report of
dissenting or concurring conclusions and recommendations. 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. Any governmental agency
receiving a request for evidence from a hearing examiner shall comply
promptly therewith. A record shall be made of the hearing and of all
testimony taken and the cross-examinations thereon. The rules of
evidence applicable to proceedings before a court shall not apply. The
presiding examiner may provide for the consolidation of the
representation of parties, other than governmental bodies or agencies,
having similar interests. In the case of such a consolidation, the right
to counsel to its own choosing shall be preserved to each party to the
proceeding provided that the consolidated group may be required to be
heard through such reasonable number of counsel as the presiding
examiner shall determine. Appropriate regulations may be issued by the
commission to provide for prehearing discovery procedures by parties to
the proceeding and for consolidation of the representation of parties.

2. A copy of the record shall be made available by the commission at
all reasonable times for examination by the public.

3. The presiding examiner shall cause proffered testimony to be
received on alternate site and source proposals provided notice of the
intent to submit such testimony shall be given within such period as the
commission shall prescribe by regulation, which period shall be not less
than thirty nor more than sixty days after the commencement of the
hearing. Nevertheless, in its discretion, the board or the commission
may thereafter cause to be considered other potential sites and sources
and cause testimony to be accepted thereon.

4. The chairman of the commission may enter into an agreement with any
agency or department of the United States having concurrent jurisdiction
over all or part of the location, construction, or operation of a major
steam electric generating facility subject to this article with respect
to providing for a joint hearing of common issues on a combined record,
provided that such agreement shall not diminish the rights accorded to
any party under this article.

* NB Expired January 1, 1979

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

31, 1978

* NB There are 2 § 145's