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

(a) The applicant;

(b) The department of environmental conservation;

(c) The department of economic development;

(d) The department of health;

(e) The department of agriculture and markets;

(f) The New York state energy research and development authority;

(g) The department of state;

(h) The office of parks, recreation and historic preservation;

(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 sixty-four 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 sixty-four of this article if he or she 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;

(1) 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 the
resident 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 or her intent to limit his or her 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 testimony or cross-examine
witnesses or parties.

4. The presiding officer may for good cause shown, permit a
municipality or other person 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.