Introduction:
This is part 2 of 3 parts dealing with pipeline jurisdiction... Federal or State?
Part 1 deals mainly with FERC jurisdiction.This article deals with the jurisdiction of the NYS Public Service Commission.
Part 1 deals mainly with FERC jurisdiction.This article deals with the jurisdiction of the NYS Public Service Commission.
Suggest you read all three parts.
- Part 1: FERC Pipeline Jurisdiction:
http://williamahuston.blogspot.com/2013/10/limitations-upon-fercs-authority-are.html - Part 2: NY State Pipeline Jurisdiction:http://williamahuston.blogspot.com/2013/10/does-ny-state-public-service-commission.html
- Part 3: Introduction and summary:
http://williamahuston.blogspot.com/2013/11/could-new-york-suffer-disaster-like-san.html
Does the NY State Public Service Commission Regulate Gas Pipeline (x)?
 |
| Pipeline Construction |
As I've begun to study natural gas pipelines, I've been frustrated trying to figure out whether a project is scoped by FERC, or by the NY State Public Service Commission.
It turns out the law involved (Public Service Law Article VII) is
rather complex. Listen along to what Jim Austin says while looking
at the chart below.
http://www.youtube.com/watch?v=1scm86UUdnA#t=3m35s
I have constructed a matrix for helping you determine whether
a pipeline project is scoped by the NY Public Service Commission
or not.
First, you have to determine whether the pipeline is scoped by FERC or not.
FERC Jurisdiction
The Federal Energy Regulatory Commission (FERC) generally governs any Natural Gas
Transmission Line system which
a) (1) crosses a state line, or (2) connects to another interstate transmission line, and
b) is "not part of a gathering line system".
An example of the (a)(2) clause is the Millennium Pipeline, which is wholly
contained in NY State, but is considered an interstate pipeline system
by the FERC.
Who decides whether a pipeline is a transmission line or part of a gathering line?
HINT: It's not FERC, and it's not the U.S. Congress.
Give up? It's the American Petroleum Institute (API) in their document RP80,
which is "incorporated by reference" into FERC's regulations. See: 49 CFR § 192.8
If the pipeline is not scoped by FERC, then it MAY be scoped by the NY Public Service Commission (or maybe not).
NY Public Service Commission
The governing law is NY Public Service Law, Title 7, §120, §120-a. and §121.
You can read the law here: http://codes.lp.findlaw.com/nycode/PBS/7
§ 122§ 122
Does the NY Public Service Commission Regulate Pipeline (x)?
Length of Pipeline
Less than 1000'
at least 1000'
but less than 5miat least 5mi
but less than 10mi
10 mi or greater
pressure
less than 125 psi
UNREGULATED
UNREGULATED UNREGULATED
UNREGULATED 125 psi or more UNREGULATED 6" or less in diameter Small:
§121-a(2)
Note-1Medium:
§121-a(3)
Note-2Large:
"Full Blown Article-7"
§122greater than 6" Medium:
§121-a(3)
Note-2
Note-1: §121-a(2) is a FAST TRACK. NY PSC must respond in 30 days or else there is automatic approval.
Note-2: §121-a(3) is a FAST TRACK. NY PSC must respond in 60 days or else there is automatic approval.
However, even if the above chart indicates that a pipeline is regulated, there are several exceptions, as revealed in:
Two exemptions are in Public Service Law § 120(2):
"Major utility transmission facility" means: (b) a fuel gas transmission line extending a distance of one thousand feet or more to be used to transport fuel gas at pressures of one hundred twenty-five pounds per square inch or more, excluding appurtenant facilities, but shall not include any such transmission line which is
- located wholly underground in a city or wholly within the right of way of a state, county or town highway or village street, as those terms are defined in article one of the highway law and article six of the village law,
- or which replaces an existing transmission line, including appurtenant facilities, and extends a distance of less than one mile."
http://codes.lp.findlaw.com/nycode/PBS/7/120
... and three exemptions are in Public Service Law § 121(4)This article shall not apply to any major utility transmission facility:
- For which, on or before July first, nineteen hundred seventy an application has been made for a license, permit, consent or approval from any federal, state or local commission, agency, board or regulatory body, in which application the location of the major utility transmission facility has been designated by the applicant;
- The construction of which has been approved by a municipality or public benefit corporation which has sold bonds or bond anticipation notes on or before July first, nineteen hundred seventy, the proceeds or part of the proceeds of which are to be used in payment therefor; or
-
Over which any agency or department of the
federal government hasexclusive jurisdiction, or has jurisdiction concurrent
with that of the state and has exercised such
jurisdiction, to the exclusion of regulation of the facility by the state.
http://codes.lp.findlaw.com/nycode/PBS/7/121
I'm fairly certain I've got this right, but if you spot any errors,
please email me at WilliamAHuston@gmail.com and I will be happy to correct this.
------------------
For your reference, here is the law:
------------------
N.Y. Public Service Law § 120 : NY Code - Section 120: Definitions
Where used in this article, the following terms, unless the context otherwise requires, shall have the following meanings.
1. "Municipality" means a county, city, town or village in the state.
2. "Major utility transmission facility" means: (a) an electric transmission line of a design capacity of one hundred twenty-five kilovolts or more extending a distance of one mile or more, or of one hundred kilovolts or more and less than one hundred twenty-five kilovolts, extending a distance of ten miles or more, including associated equipment, but shall not include any such transmission line located wholly underground in a city with a population in excess of one hundred twenty-five thousand or a primary transmission line approved by the federal energy regulatory commission in connection with a hydro-electric facility; and (b) a fuel gas transmission line extending a distance of one thousand feet or more to be used to transport fuel gas at pressures of one hundred twenty-five pounds per square inch or more, excluding appurtenant facilities, but shall not include any such transmission line which is located wholly underground in a city or wholly within the right of way of a state, county or town highway or village street as those terms are defined in article one of the highway
law and article six of the village law, or which replaces an existing transmission line, including appurtenant facilities, and extends a distance of less than one mile.
3. "Person" means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate.
4. "Appurtenant facilities" means installations (excluding gas compressors) which are merely auxiliary or appurtenant to a fuel gas transmission line such as: valves; drips; measuring and regulating equipment; yard and station piping; cathodic protection equipment; gas cleaning; cooling and dehydration equipment; residual refining equipment; water pumping; treatment and cooling equipment; electrical and communication equipment; and buildings.
N.Y. Public Service § 121 : NY Code - Section 121: Certificate of environmental compatibility and public need
1. No person shall, after July first, nineteen hundred seventy, commence the preparation of the site for the construction of a major utility transmission facility in the state without having first obtained a certificate of environmental compatibility and public need (hereafter in this article called a "certificate") issued with respect to such facility by the commission. The replacement of existing with like facilities, as determined by the commission, shall not constitute the construction of a major utility transmission facility. Any facility with respect to which a certificate is required shall thereafter be built, maintained and operated in conformity with such certificate and any terms, limitations or conditions contained therein. A certificate may only be issued pursuant to this article.
2. A certificate may be transferred, subject to the approval of the commission, to a person who agrees to comply with the terms, limitations and conditions contained therein.
3. A certificate issued hereunder may be amended as herein provided.
4. This article shall not apply to any major utility transmission facility:
a. For which, on or before July first, nineteen hundred seventy an application has been made for a license, permit, consent or approval from any federal, state or local commission, agency, board or regulatory body, in which application the location of the major utility transmission facility has been designated by the applicant;
b. The construction of which has been approved by a municipality or public benefit corporation which has sold bonds or bond anticipation notes on or before July first, nineteen hundred seventy, the proceeds or part of the proceeds of which are to be used in payment therefor; or
c. Over which any agency or department of the federal government has exclusive jurisdiction, or has jurisdiction concurrent with that of the state and has exercised such jurisdiction, to the exclusion of regulation of the facility by the state.
5. Any person intending to construct a major utility transmission facility excluded from this article pursuant to subdivision four may elect to waive such exclusion by delivering notice of such waiver to the commission. This article shall thereafter apply to each major utility transmission facility identified in such notice from the date of its receipt by the commission
N.Y. Public Service LAW § 121-a : NY Code - Section 121-A: Procedures with respect to certain fuel gas transmission lines
1. All persons who intend to construct fuel gas transmission lines as described in this section shall file with the commission for its approval the standards and practices which will be applied to environmental management and construction of all such lines or shall file a certified statement agreeing to construct such lines in accordance with standards and practices on file and approved by the commission.
2. A notice of intention to construct a fuel gas transmission line as described in subdivision two of section one hundred twenty, which extends a distance of less than five miles and which is six inches or less in nominal diameter, shall be filed with the commission and shall contain:
(a) the date on or about which the applicant intends to begin construction of the line;
(b) a brief statement describing and locating the line;
(c) an indication of the approved environmental management and construction standards and practices that will be followed in an effort to minimize or avoid adverse environmental impacts to the maximum extent practicable.
A copy of such notice shall be served on each municipality in which any portion of such line is to be located and proof of service shall accompany the notice filed with the commission.
3. An application to construct a fuel gas transmission line as described in subdivision two of section one hundred twenty, which extends a distance of less than ten miles, other than a line described in subdivision two of this section, shall be filed with the commission and shall contain:
(a) the information required by paragraphs (a), (b), (d) and (f) of subdivision one of section one hundred twenty-two;
(b) the description of the ecosystem, land use, visual and cultural resources which would be affected by the line; and
(c) an indication of the approved environmental management and construction standards and practices that will be followed in an effort to minimize or avoid adverse environmental impacts to the maximum extent practicable.
A copy of such application shall be served on: (i) the department of environmental conservation; (ii) the department of agriculture and markets; and (iii) each municipality in which any portion of such line is to be located; and proof of service shall accompany the application filed with the commission. The commission shall serve a copy of such application on such other person or entities as the commission may deem appropriate. Such action shall be deemed compliance with the applicable provisions of section one hundred twenty-two of this article. The applicant, the commission and those served shall constitute the parties notwithstanding the provisions of section one hundred twenty-four.
4. If the notice or the application filed pursuant to subdivisions two or three of this section respectively does not comply with the requirements of such subdivision, the commission or its designee shall, promptly, but in no event more than fourteen days from the date on which
it receives the notice or application, advise the person in writing of noncompliance and how to comply.
5. Any person may file comments on an application with the commission. The record of the certification proceeding under subdivision seven may be limited to the application, any comments filed by the parties and any report prepared by the staff of the department of public service, whether or not it acts as a party.
6. Upon receipt of a notice with respect to a fuel gas transmission line that complies with subdivision two of this section, the commission shall, within thirty days or less, determine whether there is a substantial public interest requiring that the facility be reviewed in accordance with the provisions of subdivision seven of this section. If the commission determines that such review is not required it shall issue a certificate authorizing such construction. Failure to act within
such thirty day period shall constitute a certificate for the purpose of this article. If the commission determines that such review is required, the commission shall serve a copy of the notice which shall constitute the application, on such person or entities as the commission may deem
appropriate and which shall be deemed compliance with the applicable provisions of section one hundred twenty-two of this article. The applicant and such persons or entities shall constitute the parties, the provisions of section one hundred twenty-four notwithstanding.
7. The commission shall render a decision upon the record within sixty days from the date on which it receives an application complying with subdivision three or within sixty days from the date on which it receives a notice complying with subdivision two on which it has made a
determination that review under this subdivision is in the public interest. Where the commission has required a hearing it may extend the time required to render a decision. In rendering its decision on a notice filed pursuant to subdivision two and reviewed under this
subdivision, the commission is required to find and determine only that the construction of a fuel gas transmission line will minimize or avoid adverse environmental impacts to the maximum extent practicable. In rendering its decision on an application filed pursuant to subdivision
three, the commission shall make only the determinations required by paragraphs (a), (b), (e), (f) and (g) of subdivision one of section one hundred twenty-six.
N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities, persons, agencies, bodies or commissions named in subdivision two may be cured pursuant to regulations of the commission designed to afford such persons adequate notice to enable them to participate effectively in the proceeding. In addition, the commission may, after filing, require the applicant to serve notice of the application or copies thereof or both upon such other persons and file proof thereof as the commission may deem appropriate.
4. An application for an amendment of a certificate shall be in such form and contain such information as the commission shall prescribe. Notice of such an application shall be given as set forth in subdivision two.
5. (a) For every application deemed complete by the commission after the effective date of this subdivision, each application shall be accompanied by a fee in an amount equal to: for electric major utility transmission facilities of one hundred twenty-five kilovolts or more extending a distance of over one hundred miles, four hundred fifty thousand dollars; for electric major utility transmission facilities of one hundred twenty-five kilovolts or more extending a distance of over fifty miles to one hundred miles, three hundred fifty thousand dollars; for electric major utility transmission facilities, requiring a new right of way and one hundred twenty-five kilovolts or more extending a distance of ten miles to fifty miles, one hundred thousand dollars; for electric major utility transmission facilities utilizing an existing right of way and one hundred twenty-five kilovolts or more extending a distance of ten miles to fifty miles, fifty thousand dollars. All such fees shall be deposited in the intervenor account, established pursuant to section ninety-seven-tt of the state finance law, to be disbursed at the commission's direction, to defray expenses incurred by municipal and other parties to the proceeding (except a municipality which is the applicant) for expert witness, consultant, administrative and legal fees, provided, however, such expenses shall not be available for judicial review. If at any time subsequent to the filing of the application, the application is amended in a manner that warrants substantial additional scrutiny, the commission may require an additional intervenor fee in an amount not to exceed one hundred twenty-five thousand dollars. The commission shall provide for transcripts, the reproduction and service of documents, and the publication of required notices, for municipal and other local parties, in all appropriate languages. Any moneys remaining in the intervenor account after the commission's jurisdiction over an application has ceased shall be returned to the applicant. (b) Notwithstanding any other provision of law to the contrary, the commission shall provide by rules and regulations for the management of the intervenor account and for disbursements from the account, which rules and regulations shall be consistent with the purpose of this section to make available to municipal parties at least one-half of the amount of the intervenor account and for uses specified in paragraph (a) of this subdivision. In addition, the commission shall provide other parties up to one-half of the amount of the intervenor account, provided, however, that the commission shall assure that the purposes for which moneys in the intervenor account will be expended will contribute to an informed decision as to the appropriateness of the site and facility and are made available on an equitable basis in a manner which facilitates broad public participation.
N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
Search N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission may, after filing, require the
applicant to serve notice of the application or copies thereof or both
upon such other persons and file proof thereof as the commission may
deem appropriate.
4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.
5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.
- See more at: http://codes.lp.findlaw.com/nycode/PBS/7/122#sthash.bBLKV60H.dpufN.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
Search N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission may, after filing, require the
applicant to serve notice of the application or copies thereof or both
upon such other persons and file proof thereof as the commission may
deem appropriate.
4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.
5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.
- See more at: http://codes.lp.findlaw.com/nycode/PBS/7/122#sthash.bBLKV60H.dpufN.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
Search N.Y. PBS. LAW § 122 : NY Code - Section 122: Application for a certificate
1. An applicant for a
certificate shall file with the commission an application, in such form
as the commission may prescribe, containing the following information:
(a) the location of the site or right-of-way; (b) a description of the
transmission facility to be built thereon; (c) a summary of any studies
which have been made of the environmental impact of the project, and a
description of such studies; (d) a statement explaining the need for the
facility; (e) a description of any reasonable alternate location or
locations for the proposed facility, a description of the comparative
merits and detriments of each location submitted, and a statement of the
reasons why the primary proposed location is best suited for the
facility; and (f) such other information as the applicant may consider
relevant or the commission may by regulation require. Copies of all the
studies referred to in (c) above shall be filed with the commission and
shall be available for public inspection.
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief
executive officer thereof and shall specify the date on or about which
the application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of commerce, the secretary of state, the commissioner of agriculture and
markets and the commissioner of parks, recreation and historic
preservation;
iii. each member of the legislature through whose district the
facility or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission.
v. in the event such facility or any portion thereof is located within
the Adirondack park, as defined in subdivision one of section 9--0101 of
the environmental conservation law, the Adirondack park agency.
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i. of paragraph a. Such
notice shall be given by the publication of a summary of the application
and the date on or about which it will be filed, to be published under
regulations to be promulgated by the commission, in such form and in
such newspapers as will serve substantially to inform the public of such
application.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two may be
cured pursuant to regulations of the commission designed to afford such
persons adequate notice to enable them to participate effectively in the
proceeding. In addition, the commission may, after filing, require the
applicant to serve notice of the application or copies thereof or both
upon such other persons and file proof thereof as the commission may
deem appropriate.
4. An application for an amendment of a certificate shall be in such
form and contain such information as the commission shall prescribe.
Notice of such an application shall be given as set forth in subdivision
two.
5. (a) For every application deemed complete by the commission after
the effective date of this subdivision, each application shall be
accompanied by a fee in an amount equal to: for electric major utility
transmission facilities of one hundred twenty-five kilovolts or more
extending a distance of over one hundred miles, four hundred fifty
thousand dollars; for electric major utility transmission facilities of
one hundred twenty-five kilovolts or more extending a distance of over
fifty miles to one hundred miles, three hundred fifty thousand dollars;
for electric major utility transmission facilities, requiring a new
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; for
electric major utility transmission facilities utilizing an existing
right of way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars. All such
fees shall be deposited in the intervenor account, established pursuant
to section ninety-seven-tt of the state finance law, to be disbursed at
the commission's direction, to defray expenses incurred by municipal and
other parties to the proceeding (except a municipality which is the
applicant) for expert witness, consultant, administrative and legal
fees, provided, however, such expenses shall not be available for
judicial review. If at any time subsequent to the filing of the
application, the application is amended in a manner that warrants
substantial additional scrutiny, the commission may require an
additional intervenor fee in an amount not to exceed one hundred
twenty-five thousand dollars. The commission shall provide for
transcripts, the reproduction and service of documents, and the
publication of required notices, for municipal and other local parties,
in all appropriate languages. Any moneys remaining in the intervenor
account after the commission's jurisdiction over an application has
ceased shall be returned to the applicant.
(b) Notwithstanding any other provision of law to the contrary, the
commission shall provide by rules and regulations for the management of
the intervenor account and for disbursements from the account, which
rules and regulations shall be consistent with the purpose of this
section to make available to municipal parties at least one-half of the
amount of the intervenor account and for uses specified in paragraph (a)
of this subdivision. In addition, the commission shall provide other
parties up to one-half of the amount of the intervenor account,
provided, however, that the commission shall assure that the purposes
for which moneys in the intervenor account will be expended will
contribute to an informed decision as to the appropriateness of the site
and facility and are made available on an equitable basis in a manner
which facilitates broad public participation.
- See more at: http://codes.lp.findlaw.com/nycode/PBS/7/122#sthash.bBLKV60H.dpuf
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