* § 143. Hearing schedule. 1. After the receipt of an application
filed pursuant to section one hundred forty-two of this article, the
chairman of the board shall, within sixty days of such receipt,
determine whether the application complies with such section one hundred
forty-two and upon finding that the application so complies, fix a date
for the commencement of a public hearing. If the chairman determines
that an application does not conform to such section one hundred
forty-two, he may nevertheless fix a date for the commencement of a
public hearing on any portions of the application which do conform with
such section and permit the filing of such additional information as may
be needed to supplement an application before or during the hearings.
2. Within a reasonable time after the date has been fixed by the
chairman for commencement of a public hearing, the presiding examiner
shall hold a prehearing conference to expedite the orderly conduct and
disposition of the hearing, to specify the issues, to obtain
stipulations as to matters not disputed, and to deal with such other
matters as the presiding examiner may deem proper. Thereafter, the
presiding examiner shall issue an order identifying the issues to be
addressed by the parties provided, however, that no such order shall
preclude consideration of issues which warrant consideration in order to
develop an adequate record as determined by an order of the board.
3. All parties shall be prepared to proceed in an expeditious manner
at the hearing so that it may proceed regularly until completion. The
place of the hearing shall be designated by the presiding examiner,
except that hearings of sufficient duration to provide adequate
opportunity to hear direct evidence and rebuttal evidence from residents
of the area of the proposed location for the major steam electric
generating facility, shall be held in such area and provided that if
more than one company proposes to finance and own the facility at least
one hearing, on adequate notice, shall be held in the service territory
of each company.
4. Proceedings on an application shall be completed in all respects,
including a final decision by the board, within twenty-four months after
a determination by the chairman that an application complies with
section one hundred forty-two of this article; provided, however, that
the board may waive the deadline in order to give consideration to
specific issues necessary to develop an adequate record, or by
regulation, shorten the time period for completion of all proceedings.
5. On an application for an amendment of a certificate proposing a
change in the facility likely to result in any material increase in any
environmental impact of the facility or a substantial change in the
location of all or a portion of such facility, a hearing shall be held
in the same manner as a hearing on an application for a certificate. The
board shall promulgate rules, regulations, and standards under which it
shall determine whether hearings are required under this subdivision and
shall make such determinations.
* NB Expired January 1, 1989
* NB Operative with regard to applications filed on or before December
31, 1988
* NB There are 2 § 143's