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 1000.7 - Publication and content of notices
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Publication of required notices shall be satisfied by publication both in the newspaper(s) designated for publication of official notices of each municipality in which the proposed or any alternative location site required to be described in the application is located, and in the newspaper of largest circulation in the county(ies) in which the proposed or any such alternative location site is located, except that in the case of an amendment or transfer of a certificate, the appropriate site is that of the authorized facility. If the notice is intended to fulfill notice requirements for permits to be issued by the DEC pursuant to Federal recognition of State authority, or pursuant to federally delegated or approved authority, in accordance with the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act, and permits pursuant to section 15-1503, title 9 of article 27, and articles 17 and 19 of the ECL, DEC and the DEC regulations should be consulted for additional requirements.
(b) No less than three days before the date on which an applicant files the application, the applicant shall provide notice to:
(c) If the presiding examiner determines that any language other than English not captured by paragraph (b)(1) of this section is spoken by a significant population of persons residing in close proximity to the proposed facility, alternative locations, interconnections or related facilities and that notice in such additional languages is warranted under the circumstances, the presiding examiner may require the applicant to publish the notice and summary of the application in such additional languages.
(d) Notices shall be:
(e) The notice(s) shall include:
(f) If an alternative to the applicant's proposal that was not listed as reasonable and available in the application is subsequently proposed by any party, the applicant shall give prompt notice of such alternative, unless the presiding examiner rules that such alternative is not reasonable and available or that further notice is unnecessary to substantially inform the public of the location of the proposed alternative. The notice shall include text and a map(s) at a size and level of detail to substantially inform the public of the alternative (unless the publishing newspaper determines that inclusion of a map is infeasible) and the name, address, telephone number and the e-mail address of a representative of the party proposing such alternative from whom further information can be obtained.
(g) At any significant point in the certification process, the presiding examiner may require the applicant to publish a notice, as described in this section, containing appropriate information, such as:
(h) The board, secretary or presiding examiner may require an applicant to publish a notice of a public hearing or oral argument in such newspaper(s) and at such times as will serve to inform the general public of that hearing or oral argument.
(i) The applicant shall promptly notify the presiding examiner or the secretary upon discovery of any inadvertent failure of publication or service of a notice or application under this Subchapter. The presiding examiner or the secretary shall take such action as may be necessary to ensure fair treatment of a person aggrieved by such inadvertent failure.
(j) If the presiding examiner determines that any notice required in this section was not sufficient to substantially inform potentially affected persons, the presiding examiner shall specify any additional steps that are necessary.
(k) Prior to the publication of any notice required by the board, the presiding examiner, the secretary, or these regulations, the applicant may submit a copy of its proposed notice to the secretary or to the presiding examiner for approval.
(l) The applicant shall promptly file with the secretary proof of the publication of any required notice.