144*2 – Parties to a Certification Proceeding.
* § 144. Parties to a certification proceeding. 1. The parties to the certification proceedings shall include: (a) the applicant; (b) the department of environmental conservation, which shall in any such proceeding present expert testimony and information concerning the potential impact of the proposed facility and any alternative facility or energy source on the environment, […]
145*2 – Conduct of the Hearing.
* § 145. Conduct of the hearing. 1. The hearing shall be conducted by the presiding examiner appointed by the department of public service. An associate hearing examiner shall be appointed by the department of environmental conservation prior to the date set for commencement of the public hearing. His primary responsibility during the pendency of […]
146*2 – The Decision.
* § 146. The decision. 1. The board shall make the final decision on an application under this article for a certificate or amendment thereof, upon the record made before the presiding examiner, after receiving briefs and exceptions to the recommended decision of such examiner and to the report of the associate examiner, and after […]
147*2 – Opinion to Be Issued With Decision.
* § 147. Opinion to be issued with decision. In rendering a decision on an application for a certificate, the board shall issue an opinion stating its reasons for the action taken. If the board has found that any local ordinance, law, resolution, regulation, or other action issued thereunder or any other local standard or […]
148*2 – Rehearing and Judicial Review.
* § 148. Rehearing and judicial review. 1. Any party aggrieved by any decision on an application for a certificate may apply to the board for a rehearing in the manner provided in section twenty-two of this chapter within thirty days after issuance of the aggrieving decision and thereafter obtain judicial review of such decision […]
149*2 – Jurisdiction of Courts.
* § 149. Jurisdiction of courts. Except as expressly set forth in section one hundred forty-eight and except for review by the court of appeals of a decision of the appellate division of the supreme court as provided for therein, no court of this state shall have jurisdiction to hear or determine any matter, case […]
149-A*2 – Powers of Municipalities and State Agencies.
* § 149-a. Powers of municipalities and state agencies. 1. Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may, except as expressly authorized by this article or the board, require any approval, consent, permit, certificate or other condition for the construction or operation of a major steam electric generating […]
141*2 – Certificate of Environmental Compatibility and Public Need.
* § 141. Certificate of environmental compatibility and public need. 1. No persons shall, after July first, nineteen hundred seventy-two, commence the preparation of a site for, or begin the construction of, a major steam electric generating facility in the state without having first obtained a certificate of environmental compatibility and public need issued with […]
142*2 – Application for a Certificate.
* § 142. Application for a certificate. 1. An applicant for a certificate shall file with the chairman of the board an application, in such form as the commission may prescribe, containing the following information and materials: (a) a description of the site and a description of the facility to be built thereon, including available […]
143*2 – Hearing on Application for a Certificate.
* § 143. Hearing on application for a certificate. 1. Upon the receipt of an application complying with section one hundred forty-two, the chairman shall promptly fix a date for the commencement of a public hearing thereon not less than one hundred eighty nor more than two hundred ten days after such receipt. The place […]