2019 New York Laws
PBS - Public Service
Article 8 - Siting of Major Steam Electric Generating Facilities
143 - Hearing Schedule.

* § 143. Hearing  schedule.  1.  After  the  receipt of an application
  filed pursuant to section one hundred forty-two  of  this  article,  the
  chairman  of  the  board  shall,  within  sixty  days  of  such receipt,
  determine whether the application complies with such section one hundred
  forty-two and upon finding that the application so complies, fix a  date
  for  the  commencement  of  a public hearing. If the chairman determines
  that an application  does  not  conform  to  such  section  one  hundred
  forty-two,  he  may  nevertheless  fix  a date for the commencement of a
  public hearing on any portions of the application which do conform  with
  such section and permit the filing of such additional information as may
  be needed to supplement an application before or during the hearings.
2.  Within  a  reasonable  time  after  the date has been fixed by the
  chairman for commencement of a public hearing,  the  presiding  examiner
  shall  hold  a prehearing conference to expedite the orderly conduct and
  disposition  of  the  hearing,  to  specify  the   issues,   to   obtain
  stipulations  as  to  matters  not disputed, and to deal with such other
  matters as the presiding  examiner  may  deem  proper.  Thereafter,  the
  presiding  examiner  shall  issue  an order identifying the issues to be
  addressed by the parties provided, however, that  no  such  order  shall
  preclude consideration of issues which warrant consideration in order to
  develop an adequate record as determined by an order of the board.
3.  All  parties shall be prepared to proceed in an expeditious manner
  at the hearing so that it may proceed regularly  until  completion.  The
  place  of  the  hearing  shall  be designated by the presiding examiner,
  except  that  hearings  of  sufficient  duration  to  provide   adequate
  opportunity to hear direct evidence and rebuttal evidence from residents
  of  the  area  of  the  proposed  location  for the major steam electric
  generating facility, shall be held in such area  and  provided  that  if
  more  than one company proposes to finance and own the facility at least
  one hearing, on adequate notice, shall be held in the service  territory
  of each company.
4.  Proceedings  on an application shall be completed in all respects,
  including a final decision by the board, within twenty-four months after
  a determination by  the  chairman  that  an  application  complies  with
  section  one  hundred forty-two of this article; provided, however, that
  the board may waive the deadline  in  order  to  give  consideration  to
  specific   issues  necessary  to  develop  an  adequate  record,  or  by
  regulation, shorten the time period for completion of all proceedings.
5. On an application for an amendment of  a  certificate  proposing  a
  change  in the facility likely to result in any material increase in any
  environmental impact of the facility or  a  substantial  change  in  the
  location  of  all or a portion of such facility, a hearing shall be held
  in the same manner as a hearing on an application for a certificate. The
  board shall promulgate rules, regulations, and standards under which  it
  shall determine whether hearings are required under this subdivision and
  shall make such determinations.
* NB Expired January 1, 1989
* NB Operative with regard to applications filed on or before December
       31, 1988
* NB There are 2 § 143's