N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.32

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1001.32 - Exhibit 32: state laws and regulations

Before preparing the exhibit required by this section, the applicant shall consult with the State agencies and authorities whose requirements are the subject of the exhibit to determine whether the applicant has correctly identified all such requirements.

As the information to be included in the application pursuant to this section will be used by parties to determine their positions in the issues conference and the remainder of the hearing phase of the proceeding, the lists should be created with care so as not to cause any party to needlessly expend resources due to a misclassification. Misclassification of items or the inclusion of unnecessary or inappropriate items may be grounds for finding the application not in compliance. Applicants must carefully screen their lists to correctly reflect State actions not for the construction or operation of the proposed major electric generating facility.

Exhibit 32 shall contain:

(a) A list of all State approvals, consents, permits, certificates, or other conditions for the construction or operation of the proposed major electric generating facility (including interconnection electric transmission lines and fuel gas transmission lines that are not subject to review under article VII of the PSL) of a procedural nature. These State procedural requirements are supplanted by PSL article 10, except for permits to be issued by the DEC pursuant to Federal recognition of State authority, or pursuant to federally delegated or approved authority, in accordance with the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act, and permits pursuant to section 15-1503, title 9 of article 27, and articles 17 and 19 of the ECL, unless the board expressly authorizes the exercise of such authority by the State agency.

(b) A list of all State procedural requirements required to be identified pursuant to subdivision (a) of this section for which the applicant requests that the board expressly authorize the exercise of such authority by the State agency, including a statement why such exercise would be desirable or appropriate.

(c) A list of all State approvals, consents, permits, certificates, or other conditions for the construction or operation of the proposed major electric generating facility (including interconnection electric transmission lines and fuel gas transmission lines that are not subject to review under article VII of the PSL) of a substantive nature, together with a statement that the facility as proposed conforms to all such State substantive requirements. Pursuant to PSL section 168(3)(e), the board must find that the facility is designed to operate in compliance with these State substantive requirements, all of which shall be binding upon the applicant.

(d) A summary table of all State substantive requirements required to be identified pursuant to subdivision (c) of this section in two columns listing the provisions in the first column and a discussion or other showing demonstrating the degree of compliance with the substantive provision in the second column.

(e) A list of all State approvals, consents, permits, certificates, or other conditions for the construction or operation of any proposed offsite interconnections and ancillary features that are not encompassed within the definition of major electric generating facility. These State actions not for the construction or operation of the proposed major electric generating facility are not supplanted by PSL article 10 and may be State procedural requirements or State substantive requirements.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.32