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New York Laws > Public Service > Article 8 – Siting of Major Steam Electric Generating Facilities

§ 140 Definitions
§ 141 Board certificate
§ 141-A Pre-application procedures
§ 142 Application for a certificate
§ 143 Hearing schedule
§ 144 Parties to a certification proceeding
§ 145 Conduct of hearing
§ 146 Board decisions
§ 147 Opinion to be issued with decision
§ 148 Rehearing and judicial review
§ 149 Jurisdiction of courts
§ 149-A Powers of municipalities and state agencies

Terms Used In New York Laws > Public Service > Article 8 - Siting of Major Steam Electric Generating Facilities

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of seven persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of the state energy office, one of whom shall be the commissioner of commerce and two of whom shall be public members appointed by the governor, one of whom shall be an ad hoc member who shall be a resident of the judicial district in which the facility as primarily proposed is to be located and one of whom shall be an ad hoc member who shall be a resident of the county in which the facility as primarily proposed is to be located. See N.Y. Public Service Law 140
  • Certificate: means a certificate of environmental compatibility and public need authorizing the construction of a major steam electric generating facility issued by the board pursuant to this article. See N.Y. Public Service Law 140
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the state department of public service. See N.Y. Public Service Law 140
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. Public Service Law 140
  • Municipality: means a county, city, town or village in the state. See N.Y. Public Service Law 140
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate. See N.Y. Public Service Law 140
  • Quorum: The number of legislators that must be present to do business.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

New York Laws > Public Service > Article 8* – Siting of Major Steam Electric Generating Facilities

§ 140*2 Definitions
§ 141*2 Certificate of environmental compatibility and public need
§ 142*2 Application for a certificate
§ 143*2 Hearing on application for a certificate
§ 144*2 Parties to a certification proceeding
§ 145*2 Conduct of the hearing
§ 146*2 The decision
§ 147*2 Opinion to be issued with decision
§ 148*2 Rehearing and judicial review
§ 149*2 Jurisdiction of courts
§ 149-A*2 Powers of municipalities and state agencies

Terms Used In New York Laws > Public Service > Article 8* - Siting of Major Steam Electric Generating Facilities

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of five persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of commerce and one of whom shall be an ad hoc member appointed by the governor, who shall be a resident of the judicial district in which the facility as primarily proposed is to be located. See N.Y. Public Service Law 140*2
  • Certificate: means a certificate of environmental compatibility and public need issued by the board pursuant to this article. See N.Y. Public Service Law 140*2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. Public Service Law 140*2
  • Municipality: means a county, city, town or village in the state. See N.Y. Public Service Law 140*2
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate. See N.Y. Public Service Law 140*2
  • Quorum: The number of legislators that must be present to do business.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.