* § 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.

Terms Used In N.Y. Public Service Law 143

  • 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.
  • 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
  • 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.
  • 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. 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

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