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 1002 - Compliance Filings
Section 1002.2 - General procedures
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The applicant may not commence construction of the facility or interconnections until the applicant has accepted the certificate in accordance with section 1000.14 of this Title.
(b) The applicant may not commence construction of all or any portion of the facility or interconnections for which the board has required approval of a compliance filing as a condition precedent to such construction until the applicant has submitted the required compliance filing for that portion of the facility and received approval of it by the board, or by the commission after the board's jurisdiction has ceased.
(c) The applicant shall file an electronic copy and 10 paper copies of any compliance filing with the board, or the commission after the board's jurisdiction has ceased, by filing it with the secretary at the Albany, New York Offices of the DPS and shall serve copies as follows:
(d) Any interested person or party may file comments regarding any compliance filing within 21 days of the filing and service of such compliance filing done in accordance with subdivision (c) of this section.
(e) A compliance filing may not be used to request an amendment to a certificate. If the secretary determines that a request in a compliance filing is a request for an amendment to a certificate, the secretary shall issue a letter denying further processing of such request as a compliance filing.
(f) Compliance filings will not be effective until approved by the board or by the commission after the board's jurisdiction has ceased.
(g) Approval may be made subject to specified terms, conditions, limitations, or modifications.
(h) Decisions on compliance filings will generally be made at the next available session of the board or the commission, as the case may be, provided the compliance filing is received sufficiently in advance of such sessions that there is adequate time in the circumstances to receive comments and process the matter, unless additional information is required to make the determination or the nature of the compliance filing warrants additional time for deliberation or analysis.
(i) The standard of review for compliance filings shall be whether the compliance filing reasonably assures compliance with the certificate.
(j) After a compliance filing is approved, an applicant may request a change in what was so approved as a result of a compliance filing by requesting either a major change or a minor change. Requests for a major change in what was so approved as a result of a compliance filing shall be filed, served and reviewed in the same manner as an original compliance filing pursuant to subdivisions (c) through (i) of this section. Requests for a change in what was approved as a result of a compliance filing in which there is no discernable potential for increased adverse environmental impact and in which there will be no change in the specified terms, conditions, limitations, or modifications applicable to a prior approval shall be deemed a minor change. A minor change may be requested by filing an electronic copy with the secretary at the Albany, New York Offices of the DPS and serving an electronic copy on the DEC project manager. The secretary shall determine whether DPS or the DEC project manager have an objection to the proposed minor change. If there is such an objection, the secretary shall issue a letter denying further processing of such request as a minor change. If there is no such objection, the secretary shall issue a letter stating that the minor change may be implemented.
