N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-2.16

Current through Register Vol. 46, No. 36, September 4, 2024

Section 85-2.16 - Noncontested proceedings

(a)

(1) Upon the motion of any applicant, the commission may, where it appears to be in the public interest, order that the public hearing required by section 123 of the Public Service Law on an application for a certificate for an underground transmission facility or for an overhead transmission facility to be constructed on substantially the same right-of-way as an existing facility that is to be replaced be held before the commission on the application, exhibits, prepared testimony, and any other information filed by the applicant and any prepared testimony, information, or papers filed by any party or staff counsel, without oral testimony.

(2) A motion by an applicant for an expedited proceeding under paragraph (1) of this subdivision, shall be made at the time it files its application for a certificate or within 20 days thereafter. The applicant shall serve a copy of the motion for an expedited proceeding and the public notice required by paragraph (3) of this subdivision on each person or municipality entitled to service of a copy of the filing under section 85-2.10 of this Subpart.

(3) Not less than 30 nor more than 40 days after the date on which it files its application for a certificate, an applicant moving under paragraph (1) of this subdivision shall publish in a newspaper or newspapers of general circulation, in all the areas traversed by the proposed facility, a notice:

(i) briefly describing the proposed facility and the location of the proposed right-of-way;

(ii) stating that the applicant has moved that the public hearing required by section 123 of the Public Service Law be held before the commission on the basis of application, exhibits, prepared testimony, and any other information filed by any party or staff counsel, and that oral testimony not be taken; and

(iii) stating that any person opposed to the granting of the certificate should, within 10 days of the date of the publication of the notice, notify in writing the Secretary to the Public Service Commission at Three Empire State Plaza, Albany, NY 12223-1350, of the reasons for opposition.

(4) An applicant moving under paragraph (1) of this subdivision shall file any written consent required under paragraph (b)(3) of this section within 45 days of the date on which the applicant filed its application for a certificate. An applicant who fails to comply with this requirement shall be deemed to have withdrawn its motion for an expedited proceeding.

(b) The commission may grant a motion made under subdivision (a) of this section if:

(1) the applicant has served a copy of its motion and the public notice required upon each person, municipality and agency entitled to service under section 85-2.10(a) of this Subpart;

(2) no person, municipality or agency has filed with the executive secretary, within 10 days of the date of publication of the newspaper notice required by paragraph (a)(3) of this section, a written objection stating substantive reasons for opposition to the granting of such a motion; and

(3) no person or domestic nonprofit corporation or association entitled to become a party to the proceeding, under paragraphs (a)(10)-(11) of section 85- 2.11 of this Subpart, has made timely application for participation, or, in the event one or more such persons, corporations or associations has been granted participation, each such person, corporation or association has consented in writing to the granting of the applicant's motion.

(c) If, at the hearing provided by subdivision (a) of this section, the commission finds that there is a substantive basis for opposition to the granting of the certificate, it shall order that the matter be set for further hearings in accordance with this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-2.16