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This entry was published on 2014-09-22
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SECTION 68
Certificate of public convenience and necessity
Public Service (PBS) CHAPTER 48, ARTICLE 4
§ 68. Certificate of public convenience and necessity. 1. Certificate
required. No gas corporation or electric corporation shall begin
construction of a gas plant or electric plant without first having
obtained the permission and approval of the commission. No such
corporation shall exercise any right or privilege under any franchise
hereafter granted, or under any franchise heretofore granted but not
heretofore actually exercised, or the exercise of which shall have been
suspended for more than one year, without first having obtained a
certificate of public convenience and necessity issued by the
commission. Before such certificate shall be issued a certified copy of
the charter of such corporation shall be filed in the office of the
commission, together with a verified statement of the president and
secretary of the corporation, showing that it has received the required
consent of the proper municipal authorities. The commission shall have
power to grant the permission and approval herein specified whenever it
shall after due hearing determine that such construction or such
exercise of the right, privilege or franchise is convenient and
necessary for the public service. In making such a determination, the
commission shall consider the economic feasibility of the corporation,
the corporation's ability to finance improvements of a gas plant or
electric plant, render safe, adequate and reliable service, and provide
just and reasonable rates, and whether issuance of a certificate is in
the public interest. Except as provided in article fourteen-A of the
general municipal law, no municipality shall build, maintain and operate
for other than municipal purposes any works or systems for the
manufacture and supplying of gas or electricity for lighting purposes
without a certificate of authority granted by the commission. If the
certificate of authority is refused, no further proceedings shall be
taken by such municipality before the commission, but a new application
may be made therefor after one year from the date of such refusal.

2. Revocation or modification of certificate. The commission may
commence a proceeding, conducted in accordance with the commission's
rules and regulations, to revoke or modify a combined electric and gas
corporation's certificate as it relates to such corporation's service
territory or any portion thereof based on findings of repeated
violations of this chapter or rules or regulations adopted thereto that
demonstrate a failure of such corporation to continue to provide safe
and adequate service. Whenever the commission has reason to believe that
such corporation's certificate may be subject to revocation or
modification, it shall notify such corporation of the facts and nature
of each act or failure to act allegedly warranting such revocation or
modification, and the statute, regulation or order allegedly violated,
and otherwise consider the following factors:

(a) the factors identified in subdivision one of this section for
issuance of a certificate of public convenience and necessity;

(b) whether another person, firm or corporation is qualified,
available, and prepared to provide alternative service that is adequate
to serve the public convenience and necessity, and that the transition
to such alternative person, firm or corporation is in the public
interest; and

(c) upon any other standards and procedures deemed necessary by the
commission to ensure continuity of safe and adequate service, and due
process.