N.Y. Comp. Codes R. & Regs. tit. 16 § 1000.10

Current through Register Vol. 46, No. 36, September 4, 2024

Section 1000.10 - Fund for municipal and local parties

(a) Pre-application provisions.

(1) Each pre-application preliminary scoping statement shall be accompanied by an intervenor fee in an amount equal to $350 for each 1,000 kilowatts of generating capacity of the subject facility, but no more than $200,000.

(2) All intervenor fees submitted with each preliminary scoping statement and application, as well as any intervenor fee required to be submitted when a pre-application scoping statement or application is amended, shall be deposited in an intervenor account, established pursuant to section 97-kkkk of the State Finance Law.

(3) Following the filing of a preliminary scoping statement, the presiding examiner or the secretary shall issue a notice of availability of pre-application intervenor funds providing a schedule and related information describing how interested members of the public may apply for pre-application funds. Requests for pre-application funds shall be submitted to the presiding examiner not later than 30 days after the issuance of the notice of the availability of pre-application intervenor funds.

(4) An initial pre-application meeting to consider fund requests shall be convened within no less than 45 days but no more than 60 days of the filing of a preliminary scoping statement. At any pre-application meeting that may be held to consider fund requests, participants should be prepared to discuss their funding applications and the award of funds. Participants are encouraged to consider the consolidation of requests with similar funding proposals of other participants.

(5) If the pre-application preliminary scoping statement is substantially modified or revised subsequent to its filing, the board may require an additional pre-application intervenor fee in an amount not to exceed $25,000. In such circumstances, the presiding examiner may make awards of the additional funds, on an equitable basis, in relation to the potential for such awards to make an effective contribution to review of the preliminary scoping statement, thereby providing early and effective public involvement.

(6) Each request for pre-application funds shall be filed with the secretary and submitted to the presiding examiner, with copies to other interested persons, as identified by the secretary or presiding examiner.

(7) The presiding examiner shall reserve at least 50 percent of the pre-application funds for potential awards to municipalities.

(8) Following receipt of initial requests for pre-application funds, the presiding examiner shall expeditiously make an initial award of pre-application funds, and thereafter may make additional awards of pre-application funds, in relation to the potential for such awards to make an effective contribution to review of the preliminary scoping statement, thereby encouraging early and effective public involvement.

(9) The presiding examiner shall award funds on an equitable basis to participants during the pre-application phase whose requests comply with the provisions of this section, provided use of the funds will make an effective contribution to review of the preliminary scoping statement, and thereby provide early and effective public involvement.

(10) Subject to the availability of funds, the presiding examiner may fix additional dates for submission of fund requests.

(11) On a quarterly basis, unless otherwise required by the presiding examiner, any person receiving an award of funds shall submit to the presiding examiner, and file with the secretary, a report:

(i) detailing an accounting of the monies that have been spent; and

(ii) showing:

(a) the results of any studies and a description of any activities conducted using such funds;

(b) whether the purpose for which the funds were awarded has been achieved; or

(c) if the purpose for which the funds were awarded has not been achieved, whether reasonable progress toward the goal for which the funds were awarded is being achieved and why further expenditures are warranted.

(12) All disbursements from the pre-application intervenor account to any person shall be made by the Department of Public Service upon audit and warrant of the Comptroller of the State on vouchers approved by the chairperson or a designee. All such vouchers must include a description and explanation of all expenses to be reimbursed.

(b) Application provisions.

(1) Each application shall be accompanied by an intervenor fee in an amount:

(i) equal to $1,000 for each 1,000 kilowatts of capacity, but no more than $400,000; and

(ii) for facilities that will require storage or disposal of fuel waste byproduct, an additional intervenor fee of $500 for each 1,000 kilowatts of capacity, but no more than an additional $50,000, shall be deposited in the intervenor account.

(2) If an amendment of an application is determined by the chairperson to be a revision as defined in this Part, the application will require substantial additional scrutiny and the applicant shall submit an additional intervenor fee, in the amount equal to $1,000 for each 1,000 kilowatts of capacity of the proposed project, as amended, but no more than $75,000. The presiding examiner may, however, increase the level of the additional intervenor fee that shall be submitted, up to the maximum level of $75,000 if the presiding examiner finds circumstances require a higher level of intervenor funding in order to ensure an adequate record for review of the revision to the application.

(3) Following an applicant's publication of notice of filing a PSL article 10 application, the presiding examiner or secretary shall issue a notice of availability of application intervenor funds providing a schedule and related information describing how municipal and local parties may apply for application funds. Requests for application funds shall be submitted to the presiding examiner within 30 days after the issuance of the notice of the availability of application intervenor funds.

(4) The presiding examiner shall award funds during the application phase on an equitable basis to municipal and local parties whose requests comply with the provisions of this section, so long as use of the funds will contribute to a complete record leading to an informed decision as to the appropriateness of the site and the facility and will facilitate broad participation in the proceeding.

(5) The presiding examiner shall reserve at least 50 percent of the intervenor funds for potential awards to municipalities.

(6) Any municipality or local party (except an applicant) may request funds from the intervenor account to defray expenses for expert witness, consultant, administrative or legal fees (other than in connection with judicial review).

(7) Each request for application funds shall be filed with the secretary and submitted to the presiding examiner, with copies provided to all other parties.

(8) At any pre-hearing conference that may be held to consider fund requests, the parties should be prepared to discuss their funding applications and the award of funds. Parties are encouraged to consider the consolidation of requests with similar funding proposals of other participants.

(9) Subject to the availability of funds, the presiding examiner may fix additional dates for submission of fund requests.

(10) On a quarterly basis, unless otherwise required by the presiding examiner, any party receiving an award of funds shall submit to the presiding examiner and file with the secretary a report:

(i) detailing an accounting of the monies that have been spent; and

(ii) showing:

(a) the results of any studies and a description of any activities conducted using such funds;

(b) whether the purpose for which the funds were awarded has been achieved; if the purpose for which the funds were awarded has not been achieved; whether reasonable progress toward the goal for which the funds were awarded is being achieved; and why further expenditures are warranted.

(11) Disbursement of funds.

(i) All disbursements from the application intervenor account to any party shall be made by the Department of Public Service upon audit and warrant of the Comptroller of the State on vouchers approved by the chairperson or a designee. All such vouchers must include a description and explanation of all expenses to be reimbursed.

(ii) All vouchers must be submitted for payment not later than six months after any withdrawal of an application or the board's final decision on an application (including a decision on rehearing, if applicable).

(iii) Following withdrawal or final board decision on an application, any funds that have not been disbursed shall be returned to the applicant.

(c) General provisions.

(1) Each request for funds shall contain:

(i) a statement of the number of persons and the nature of the interests the requesting party represents;

(ii) a statement of the availability of funds from the resources of the requesting party and from other sources and of the efforts that have been made to obtain such funds;

(iii) the amount of funds being sought;

(iv) to the extent possible, the name and qualifications of each expert to be employed, or at a minimum, a statement of the necessary professional qualifications;

(v) if known, the name of any other interested person or entity who may, or is intending to, employ such expert;

(vi) a detailed statement of the services to be provided by expert witnesses, consultants, attorneys, or others (and the basis for the fees requested), including hourly fee, wage rate, and expenses, specifying how such services and expenses will contribute to the compilation of a complete record as to the appropriateness of the site and facility;

(vii) if a study is to be performed, a description of the purpose, methodology and timing of the study, including a statement of the rationale supporting the methodology and timing proposed, including a detailed justification for any proposed methodology that is new or original explaining why pre-existing methodologies are insufficient or inappropriate;

(viii) a statement as to the result of any effort made to encourage the applicant to perform any proposed studies or evaluations and the reason it is believed that an independent study is necessary; and

(ix) a copy of any contract or agreement or proposed contract or agreement with each expert witness, consultant or other person.

(2) If the matter has not been assigned to a presiding examiner, the secretary shall act as an interim examiner until a presiding examiner has been assigned to the matter.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1000.10