2022 New York Laws
PBS - Public Service
Article 7 - Siting of Major Utility Transmission Facilities
123 - Hearing on Application for Certificate.

§ 123. Hearing  on application for certificate. 1. Upon the receipt of
an application with  respect  to  an  electric  transmission  line  that
complies  with  section  one  hundred  twenty-two,  the commission shall
promptly fix a date for the commencement of a public hearing thereon not
less than sixty nor more than ninety days after such receipt. Except  as
otherwise  provided  in section one hundred twenty-one-a of this article
upon  the  receipt  of  an  application  with  respect  to  a  fuel  gas
transmission line that complies with section one hundred twenty-two, the
commission  shall  promptly  fix a date for the commencement of a public
hearing thereon not less than twenty nor more than sixty days after such
receipt. 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. The commission
shall make a record of all testimony in all contested hearings.
  2. On an application for an amendment of a certificate, the commission
shall hold a hearing in the same manner as  a  hearing  is  held  on  an
application  for  a  certificate  if  the  change  in the facility to be
authorized would 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 other than as provided in the alternates set
forth in the application.
  * 3. Unless otherwise stipulated by the applicant:
  (a) proceedings on an application for  a  major  utility  transmission
facility  as  defined  in  paragraph a of subdivision two of section one
hundred twenty of this article  shall  be  completed  in  all  respects,
including  a final decision by the commission, within twelve months from
the date of a determination by the secretary of the commission  that  an
application  complies  with  section  one  hundred  twenty-two  of  this
article; provided, however, the commission may extend  the  deadline  in
reasonable  circumstances  by  no  more than six months in order to give
consideration to  specific  issues  necessary  to  develop  an  adequate
record,  because  the  applicant  has  been  unable  to obtain necessary
approvals and/or consents related to  highway  crossings  or  for  other
reasons  deemed  in  the  public interest. The commission shall render a
final decision on the application by the aforementioned deadlines unless
such deadlines are waived by the applicant or if the  applicant  notices
the application for settlement, in which case the timeframes established
in this paragraph are tolled until such time that settlement discussions
are  suspended.  If,  at  any time subsequent to the commencement of the
hearing, there  is  a  substantive  and  significant  amendment  to  the
application,  the  commission shall promptly fix a date for commencement
of a public hearing thereon, such public hearing to  commence  no  later
than  sixty  days  after receipt of such amendment. The commission shall
issue a final decision thereon  no  later  than  six  months  after  the
conclusion  of the public hearing, unless such deadline is waived by the
applicant.
  (b) the commission shall, for the purpose  of  meeting  the  goals  of
chapter one hundred six of the laws of two thousand nineteen, promulgate
rules  or  regulations to establish an expedited process for proceedings
on applications for a major utility transmission facility as defined  in
paragraph  a  of  subdivision  two of section one hundred twenty of this
article that (i) would be  constructed  within  existing  rights-of-way,
(ii)  the  commission  determines in consultation with the department of
environmental conservation would not result in any  significant  adverse
environmental  impacts  considering current uses and conditions existing
at  the  site,  or  (iii)  would  necessitate  expanding  the   existing
rights-of-way  but  such  expansion is only for the purpose of complying

with law, regulations, or industry practices relating to electromagnetic
fields.
  (c)  for  purposes of this subdivision, the following terms shall have
the following meanings:
  (i) "Expedited process"  shall  mean  a  process  for  proceedings  on
applications   for  a  major  electric  transmission  facility  that  is
completed in all respects, including a final decision by the commission,
within nine months from the date of a determination by the secretary  of
the  commission  that  an  application complies with section one hundred
twenty-two of this article; provided, however,  that  if  the  applicant
notices  the  application  for  settlement, the timeframe established in
this  paragraph  shall  be  tolled  until  such  time  that   settlement
discussions are suspended.
  (ii)  "Right-of-way"  shall  mean  (a)  real  property that is used or
authorized to be  used  for  electric  utility  purposes,  or  (b)  real
property  owned or controlled by or under the jurisdiction of the state,
a distribution utility, or a state public authority including  by  means
of  ownership,  lease or easement, that is used or authorized to be used
for transportation or canal purposes.
  * NB Effective until December 31, 2030
  * 3.  Unless  otherwise  stipulated  by   the   applicant,   a   final
determination  regarding  an  application for a certificate to construct
transmission  facilities  for  interconnection  with   a   wind   energy
production  facility  located  in  the county of Lewis shall be rendered
within six months from the date of receipt of a compliant application.
  * NB Effective December 31, 2030