New York Codes, Rules and Regulations
Title 16 - DEPARTMENT OF PUBLIC SERVICE
Chapter X - Certification Of Major Electric Generating Facilities
Subchapter A - Regulations Implementing Article 10 Of The Public Service Law As Enacted By Chapter 388, Section 12, Of The Laws Of 2011
Part 1000 - General Procedures
Section 1000.15 - Acceptance of a certificate

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Upon issuance of a final decision by a board granting a certificate, an applicant shall, within 30 days after the issuance of such decision, file either a written unqualified acceptance of the certificate or a petition for rehearing, but not both.

(b) If a petition for rehearing has been granted, an applicant shall, within 30 days after the issuance of the decision on rehearing, file either a written unqualified acceptance of the certificate (as modified by such decision) or a petition for judicial review, but not both.

(c) If judicial review has been obtained, an applicant shall file a written unqualified acceptance of the certificate within 30 days after either:

(1) the expiration of the time for judicial review of the court order:
(i) enforcing the board's decision; or

(ii) modifying the board's decision and enforcing it as so modified; or

(2) any final decision by a board upon remand for further specific evidence or findings.

(d) A certificate will be vacated unless an applicant has filed a written acceptance in accordance with subdivision (a), (b) or (c) of this section, as the case may be.

(e) Upon the filing of a written acceptance of a certificate following a final decision on an application, rehearing, judicial review or remittal, as the case may be, a board's jurisdiction with respect to such certificate will cease provided, however, that the permanent board will retain jurisdiction with respect to the amendment, suspension or revocation of the certificate.

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