N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-3.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-3.2 - Transfer Applications for Pending Article 10 Facilities

(a) For pending article 10 facilities for which a completeness determination has been issued pursuant to PSL article 10:

(1) The applicant shall provide the following:

(i) Written notice to ORES at least fourteen (14) days in advance of filing;

(ii) A copy of the written notice to the Secretary of the PSC advising of the applicant's election to be subject to Public Service Law article VIII;

(iii) A completed transfer of application form;

(iv) A copy of the application materials submitted pursuant to the PSL article 10; and, to the extent the applicant wishes to be subject to a uniform standard or condition set forth in Subpart 1100-6 of this Part, an explanation as to how the PSL article 10 application materials demonstrate compliance with such permit condition;

(v) Copies of documentation identifying those matters and issues that have been identified and resolved in the PSL article 10 proceeding;

(vi) Any additional information that may be required in order to enable the Office to make the findings and determinations required by law;

(vii) The fee to be deposited in the local agency account in an amount equal to one thousand dollars for each one thousand (1,000) kilowatts of capacity, which may be adjusted from time to time by the Office to account for inflation; and

(viii) The ORES fee to recover the costs of reviewing and processing an application in an amount equal to one thousand dollars for each one thousand (1,000) kilowatts of capacity.

(2) Such applications shall be deemed complete upon filing; provided, however, that if the Office determines that the applicant has not demonstrated compliance with the uniform standards and conditions set forth in Subpart 1100-6 of this Part, the Office will develop the necessary site- specific conditions to avoid, minimize and mitigate significant adverse environmental impacts to the maximum extent practicable, including requirements for additional compliance filings beyond those set forth in Subpart 1100-10 of this Part, as necessary.

(b) Applicants for pending article 10 facilities for which the application has been filed, but has not yet been deemed to be in compliance with article 10 application requirements, shall provide the following:

(1) Written notice to ORES at least fourteen (14) days in advance of filing;

(2) A copy of the written notice to the Secretary of the PSC of applicant's intent to become subject to Public Service Law article VIII;

(3) A completed transfer of application form;

(4) The exhibits required in Subpart 1100-2 of this Part;

(5) Copies of documentation identifying those matters and issues that have been identified and resolved in the PSL article 10 process;

(6) Any additional information that may be required in order to enable the Office to make the findings and determinations required by law;

(7) The fee to be deposited in the local agency account in an amount equal to one thousand dollars for each one thousand (1,000) kilowatts of capacity, which may be adjusted from time to time by the Office to account for inflation; and

(8) The ORES fee to recover the costs of reviewing and processing an application in an amount equal to one thousand dollars for each one thousand (1,000) kilowatts of capacity.

(c) For any matters and issues that have been identified and resolved in the PSL article 10 process, the siting permit will reflect such resolution and those provisions will not be the subject of any adjudicatory hearing conducted pursuant to Subpart 1100-8 of this Part.

(d) The applicant shall comply with requirements for filing, service and publication of the application pursuant to section 1100-1.6 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-3.2

Transferred from 900-3.2 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024