141-A - Pre-application procedures. - New York Statutes

* § 141-a. Pre-application procedures. 1. Any person proposing to submit an application for a major steam electric generating facility may consult with, and seek agreement with, the staff of the department and the department of environmental conservation as to any study or program of studies made or to be made to support such application. If the staff of the department, the department of environmental conservation and the person proposing to file an application can agree as to the studies or program of studies to be conducted, they shall enter into a stipulation setting forth the agreement. Nothing herein, however, shall bar any party to a hearing on an application, other than any party to a pre-application agreement, from timely raising objections at the hearing to the methodology and scope of any stipulated studies or program of studies in any such agreement. 2. In order to attempt to resolve any questions that may arise as a result of consultation pursuant to subdivision one of this section, the board shall designate a hearing examiner who shall mediate any issue relating to the methodology and scope of any studies or programs of study to which the staff of the department, the department of environmental conservation and the person seeking to file an application cannot agree. If the parties can agree, they shall enter into a stipulation setting forth the agreement. Nothing herein, however, shall bar any party to a hearing on an application other than any party to such a stipulation from timely raising objections at the hearing to the methodology and scope of any stipulated studies or program of studies in any such agreement. * NB Expired January 1, 1989 * NB Operative with regard to applications filed on or before December 31, 1988