(a) a description of the site and a description of the facility to be
built thereon; including available site information, including maps and
description, present and proposed development, source and volume of
water required for plant operation and cooling, and as appropriate,
geological, aesthetic, ecological, tsunami, seismic, biological, water
supply, population and load center data;
(b) a description of any reasonable alternate location or locations
for, and alternate practical sources of power to, the proposed facility;
a description of the comparative advantages and disadvantages of each
such location and source; and a statement of the reasons why the primary
proposed location and source is best suited to promote the public health
and welfare, including the recreational and other concurrent uses which
the site may serve;
(c) studies, identifying the author and date thereof, which have been
made of the expected environmental impact and safety of the facility,
both during its construction and its operation, which studies are
sufficient to identify (i) the anticipated gaseous, liquid and solid
wastes to be produced at the facility including their source,
anticipated volumes, composition and temperature, and such other
attributes as the board may specify and the probable level of noise
during construction and operation of the facility; (ii) the treatment
processes to reduce wastes to be released to the environment, the manner
of disposal for wastes retained and measures for noise abatement; (iii)
the anticipated volumes of wastes to be released to the environment
under any operating condition of the facility, including such
meterological, hydrological and other information needed to support such
estimates; (iv) conceptual architectural and engineering plans
indicating compatibility of the facility with the environment; and (v)
how the construction and operation of the facility, including
transportation and disposal of wastes would comply with environmental
health and safety standards, requirements, regulations and rules under
state and municipal laws, and a statement why any variances or
exceptions should be granted;
(d) estimated cost information, including plant costs by account, all
expenses by categories including fuel costs, plant service life and
capacity factor and total generating cost per kilowatt-hour, both at
plant and including related transmission, and comparative costs of
alternatives considered;
(e) a statement explaining the need for the facility including (i)
reasons that the facility is necessary or desirable for the public
welfare and is not incompatible with health and safety; (ii) the load
demands which the facility is designed to meet; (iii) how the facility
will contribute to system reliability, safety and efficiency; and (iv)
that the facility conforms to the current long range electric forecasts
of the energy planning board; and
(f) such other information as the applicant may consider relevant or
as may be required by the board. Copies of the application, including
the required information, shall be filed with the board and shall be
available for public inspection.
2. Each application shall be accompanied by proof of service, in such
manner as the board shall prescribe, of: (a) a copy of such application
on
(i) each municipality in which any portion of such facility is to be
located as primarily proposed or in the alternative locations listed.
Such copy to a municipality shall be addressed to the chief executive
officer thereof and shall specify the date on or about which the
application is to be filed;
(ii) each member of the board;
(iii) the department of health;
(iv) the department of commerce;
(v) the department of agriculture and markets;
(vi) the secretary of state;
(vii) the attorney general;
(viii) the department of transportation;
(ix) a library serving the district of each member of the state
legislature in whose district any portion of the facility is to be
located as primarily proposed or in the alternative locations listed;
(x) in the event such facility or any portion thereof as primarily
proposed or in the alternative locations listed is located within its
jurisdiction, the Hudson river valley commission;
(xi) in the event such facility or any portion thereof as primarily
proposed or in the alternative locations listed is located within its
jurisdiction, the St. Lawrence-eastern Ontario commission; and
(xii) in the event that such facility or any portion thereof as
primarily proposed or in the alternative locations listed is located
within the Adirondack park, as defined in subdivision one of section
9-0101 of the environmental conservation law, the Adirondack park
agency.
(b) a notice of such application on
(i) persons residing in municipalities entitled to receive a copy of
the application under subparagraph (i) of paragraph (a) of this
subdivision. Such notice shall be given by the publication of a summary
of the application and the date on or about which it will be filed, to
be published under regulations to be promulgated by the board, in such
form and in such newspaper or newspapers as will serve substantially to
inform the public of such application;
(ii) each member of the state legislature in whose district any
portion of the facility is to be located as primarily proposed or in the
alternative locations listed; and
(iii) persons who have filed a statement with the board within the
past twelve months that they wish to receive all such notices concerning
facilities in the area in which the facility is to be located as
primarily proposed or in the alternative locations listed.
3. Inadvertent failure of service on any of the municipalities,
persons, agencies, bodies or commissions named in subdivision two of
this section shall not be jurisdicational and may be cured pursuant to
regulations of the board designed to afford such persons adequate notice
to enable them to participate effectively in the proceeding. In
addition, the board may, after filing, require the applicant to serve
notice of the application or copies thereof or both upon such other
persons and file proof thereof as the board may deem appropriate.
4. The board shall prescribe the form and content of an application
for an amendment of a certificate to be issued hereunder. Notice of such
an application shall be given as set forth in subdivision two of this
section.
5. If an alternative location not listed in the application is
proposed in the certification proceeding, notice of such proposed
alternative shall be given as set forth in subdivision two of this
section.
6. (a) Each application shall be accompanied by a fee of one hundred
fifty thousand dollars to be used to establish a fund (hereafter in this
section referred to as the "fund") to be disbursed at the board's
direction, to defray expenses incurred by municipal and other local
parties to the proceeding (except a municipality which is the applicant)
for expert witness and consultant fees. The board shall provide
transcripts, reproduce and serve documents, and publish required
notices, for municipal parties. Any monies remaining in the fund, after
the board has issued its decision on an application under this article
and the time for applying for a rehearing and judicial review has
expired, shall be returned to the applicant.
(b) The one hundred fifty thousand dollar fee required by paragraph
(a) of this subdivision shall be deposited in one or more separate
accounts in one or more banks of the board's choosing insured by the
federal deposit insurance corporation. Notwithstanding any other
provision of law to the contrary, the board shall provide by rules and
regulations for the management of the fund, for disbursements from the
fund, and for the proper auditing of monies in the fund, which rules and
regulations shall be consistent with the purpose of this section to make
available to municipal parties up to seventy-five thousand dollars from
such fund for uses specified in this section. In addition, the board
shall provide other local parties up to seventy-five thousand dollars,
provided however, that the board shall assure that such funds are made
available on an equitable basis in a manner which facilitates broad
public participation.
7. (a) The applicant shall also file with the chairman of the board,
either concurrently with its application under subdivision one of this
section or in a separate document to be incorporated therein, such
evidence as will enable the board to evaluate the facility's water
intake and discharge systems and to reach a determination to issue
therefor, subject to appropriate conditions and limitations, a permit
under section four hundred two to the Federal Water Pollution Control
Act amendments of nineteen hundred seventy-two (33 U.S.C. § 1342; P.L.
92-500. § 286 Stat. 880), as amended.
(b) After public notice and an opportunity to comment, the board shall
promulgate such regulations as may be necessary to implement, with
respect to major steam electric generating facilities, the permit
program of the national pollutant discharge elimination system
established pursuant to section four hundred two of the Federal Water
Pollution Control Act amendments of nineteen hundred seventy-two. Such
regulations shall be consistent with any state program requirements
established by the United States environmental protection agency for
state participation in the national pollutant discharge elimination
system permit program and shall include procedures for early
consideration and such prompt determination as is feasible of issues
arising under such permit program.
* NB Expired January 1, 1989
* NB Operative with regard to applications filed on or before December
31, 1988
* NB There are 2 § 142's