State Codes and Statutes

Statutes > New-york > Pbs > Article-8 > 143

* § 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.    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

State Codes and Statutes

Statutes > New-york > Pbs > Article-8 > 143

* § 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.    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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-8 > 143

* § 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.    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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