New York Codes, Rules and Regulations
Title 16 - DEPARTMENT OF PUBLIC SERVICE
Chapter I - RULES OF PROCEDURE
Subchapter G - Certificates Of Environmental Compatibility And Public Need
Part 85 - General Procedures
Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long
Section 85-2.11 - Participation and intervention
Universal Citation: 16 NY Comp Codes Rules and Regs § 85-2.11
Current through Register Vol. 47, No. 12, March 26, 2025
(a) The parties to a certification proceeding shall include the applicant and such of the following as make timely application for participation:
(1) the Department of Environmental
Conservation;
(2) the Department of
Economic Development;
(3) the
Department of State;
(4) the
Department of Agriculture and Markets;
(5) the Office of Parks, Recreation and
Historic Preservation;
(6) where
any portion of the facility or of any alternative is to be located within its
jurisdiction, the Tug Hill Commission;
(7) where any portion of the facility or of
any alternative, is to be located within the Adirondack Park, as defined in
section
9-0101
(1) of the Environmental Conservation Law,
the Adirondack Park Agency;
(8) the
Department of Transportation;
(9)
any municipality entitled to receive notice under section
85-2.10(a)(1) of
this Subpart;
(10) any individual
resident in a municipality entitled to receive notice under section
85-2.10(a)(1) of
this Subpart; and
(11) any domestic
nonprofit corporation or association, formed in whole or in part:
(i) to promote conservation or natural
beauty;
(ii) to protect the
environment, personal health or other biological values;
(iii) to preserve historic sites;
(iv) to promote consumer interests;
(v) to represent the interests of commercial
and industrial groups; or
(vi) to
promote the orderly development of the areas in which the facility is proposed
to be located.
(b)
(1) A
person or organization listed in paragraphs (a)(1)-(8) of this section may
participate in a certification proceeding by filing with the secretary a notice
of intent to be a party at least five days prior to the date of the first
scheduled hearing in the proceeding.
(2) A person or organization listed in
paragraphs (a)(9)-(11) of this section may participate in a certification
proceeding by filing with the secretary a notice of intent to be a party within
30 days after the date given in the published notice as the date for filing of
the application.
(c)
(1) In its notice of intent to be a party, a
person or organization listed in subdivision (a) of this section should state
its name, address, telephone number, telecopier machine number, e- mail
address, the name of its attorney or qualified representative upon whom service
should be made, and the basis upon which it claims to be a party.
(2) Requests for permission to intervene in a
certification proceeding made by persons or organizations not listed in
subdivision (a) of this section should contain the information specified in
paragraph (1) of this subdivision, as well as an explanation of how such
intervention would be likely to contribute to the development of a complete
record or why it would otherwise be fair and in the public interest. Such
requests shall be governed by the provisions of section
4.3(c) of this
Title.
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