Siting Board - Frequently Asked Questions

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BASIC CONCEPTS

Q. What is Article 10?
Q. What is meant by the term "siting"?
Q. What is meant by the term "major"?
Q. What is meant by the term "electric generating"?
Q. What is meant by the term "facility"?
Q. What is meant by the term "certificate"?

THE SITING BOARD

Q. What is the "Siting Board"?
Q. Who are the permanent members of the Siting Board?
Q. What is meant by the term "ad hoc"?
Q. Do ad hoc public members receive any compensation for their service on the Siting Board?
Q. What are the qualifications to be an ad hoc public member?
Q. How are the two ad hoc public members designated to serve on the Siting Board?

A. One is appointed by the President Pro Tem (Majority Leader) of the New York State Senate and one is appointed by the Speaker of the New York State Assembly from a list of candidates submitted to them. The list of candidates is to be submitted within fifteen days of receipt of notification of the pre-application preliminary scoping statement. In the event that the President Pro Tem of the Senate or the Speaker of the Assembly does not appoint one of the candidates within thirty days of receiving the list, the Governor shall appoint the ad hoc member(s) from the list of candidates. In the event that one or both of the ad hoc public members have not been appointed within forty-five days, a majority of persons named to the Siting Board shall constitute a quorum.

Q. How is the list of ad hoc public member candidates established?

A. There is a different procedure depending on whether the facility is proposed to be located (a) in the City of New York; (b) in a town outside of any villages or in a city other than the City of New York; or (c) in a village.

Q. How is the list of candidates established in the City of New York?
Q. How is the list of candidates established in a town outside of any villages or in a city other than the City of New York?
Q. How is the list of candidates established in a village?
Q. How is the list of candidates established if the facility is to be built on parcels of land located in more than one municipality?

A. Candidates from each affected municipality will be nominated.

Q. What resources are available to assist the Siting Board?


TYPES OF GENERATING FACILITIES

Q. What types of electric generating facilities are likely to be proposed pursuant to the Article 10 process?
Q. Are electric generating facilities to be built by a power authority exempt from the Article 10 process?
Q. Are any electric generating facilities exempt from the Article 10 process?
Q. If a facility is exempt from the Article 10 process, can the developer of the facility opt-in to the Article 10 process?

PRE-APPLICATION PROCEDURES - PUBLIC INVOLVEMENT

Q. What is meant by the term "public involvement"?

A. "Public involvement" is the process of enabling the public to participate in decisions that may affect public health, safety and the environment.

Q. In what stages of the Article 10 process is it appropriate to conduct public involvement activities?
Q. How is public involvement conducted?
Q. Is the public required to participate in the applicant's public involvement activities?
Q. What are the purposes of a Public Involvement Program?
Q. What are the elements of a Public Involvement Program plan?
Q. When does the Public Involvement Program plan have to be prepared?

A. Applicants must submit proposed Public Involvement Program plans in writing to the Department of Public Service for review as to their adequacy at least 150 days prior to the submittal of any preliminary scoping statement. For good cause, applicants may request a reduction in the minimum number of days to less than 150.

Q. What happens if the Department of Public Service (DPS) finds the Public Involvement Program plan to be inadequate?
What happens if the applicant refuses to incorporate a DPS recommendation without an adequate explanation, or has an inadequate Public Involvement Program plan?
Q. How do people who do not speak English participate in public involvement?
Q. What is the function of the Office of Public Information Coordinator created within the Department of Public Service?
Q. What is the Department of Public Service?
Q. How can I contact the Office of Public Information Coordinator?

PRE-APPLICATION PROCEDURES - PRELIMINARY SCOPING STATEMENT

Q. What is a Preliminary Scoping Statement?
Q. When does the Preliminary Scoping Statement have to be filed?
Q. What kind of information must be included in a Preliminary Scoping Statement?
Q. What happens after the Preliminary Scoping Statement is filed?

A. Within 21 days after the filing of the preliminary scoping statement, any person, agency or municipality may submit comments on the preliminary scoping statement by serving such comments on the applicant and filing a copy with the secretary. Within 21 days after the closing of the comment period, the applicant shall prepare a summary of the material comments and its reply thereto, and file and serve its summary of comments and its reply in the same manner as it files and serves the preliminary scoping statement. Thereafter, it is expected that the applicant will work with interested parties to resolve any disagreements they may have about the sufficiency of the planned scope and methodology of studies to be included in the application.


PRE-APPLICATION PROCEDURES - Fund for Municipal & LOCAL PARTIES

Q. What is the fund for municipal and local parties?
Q: How does an applicant set up the fund?

A. Applicants supplying the requisite fee to set up the intervenor funding account for the preliminary scoping phase of the case must provide a check, made out to the NYS Department of Public Service, simultaneously with the filing of their Preliminary Scoping Statement. The case number must be printed on the face of the check. The check must be delivered to the Director of the DPS Office of Finance and Budget, under cover of a letter stating the amount of the check and the Article 10 case name and number. The letter must be copied to the Secretary of the Siting Board for filing in the Article 10 case.


Q. What is an "intervenor"?
Q. What is the amount of the intervenor fee assessed during the pre-application stage?
Q. What happens if after the pre-application intervenor fees have been used up, the applicant amends its preliminary scoping statement and more review is required?

A. If the pre-application preliminary scoping statement is substantially modified or revised, the Siting Board may require an additional pre-application intervenor fee in an amount not to exceed $25,000.

Q. How does a qualified intervenor make a request for intervenor funds?
Q. When are pre-application intervenor funds awarded?
Q. Who is eligible for intervenor funds?
Q. What can pre-application intervenor funds be used for?
Q. On what basis will the funds be awarded?

PRE-APPLICATION PROCEDURES - STIPULATIONS

Q. What are stipulations?

A. "Stipulations" are agreements among parties that concern matters before the Siting Board and are designed to simplify or shorten litigation and save costs. Any parties to the proceeding can enter into a stipulation setting forth an agreement on any aspect of the preliminary scoping statement and the scope of studies or program of studies to be conducted. It is often in the interests of applicants and other parties to agree in advance to the content and methodology for conducting studies that will be submitted as part of the application.

Q. How is the stipulations process initiated?
Q. Do other parties and the public get an opportunity to participate in the stipulations process?
Q. What happens if a party does not agree that a stipulation entered into between the applicant and another party is adequate?

APPLICATION PROCEDURES - SUBMISSION OF AN APPLICATION

Q. What happens when an Article 10 application is submitted?
Q. What happens if the documents submitted are insufficient to comply with the requirements of the law, regulations and stipulations?
Q. What happens if the documents submitted are sufficient to comply with the requirements of the law, regulations and stipulations?

APPLICATION PROCEDURES - DESIGNATION OF PARTIES

Q. Who are the parties to an Article 10 proceeding?

A. There are three kinds of parties: (a) automatic statutory parties; (b) parties that have a right to be a party merely by giving notice; and (c) parties that may be permitted to join.

Q. Who are the automatic statutory parties to an Article 10 proceeding?
Q. Who are the parties that have a right to be a party to an Article 10 proceeding merely by giving notice?
Q. Who are the parties that may be permitted to join?
Q. Where does a party file a notice of intent to be a party?

APPLICATION PROCEDURES - Fund for Municipal & LOCAL PARTIES

Q. What is the amount of the intervenor fee assessed when an application is filed?
Q. How does an applicant set up the fund?
A. Applicants supplying the requisite fee to set up the intervenor funding account for the application phase of the case must provide a check, made out to the NYS Department of Public Service, simultaneously with the filing of their Application.

The case number must be printed on the face of the check. The check must be delivered to the Director of the DPS Office of Finance and Budget, under cover of a letter stating the amount of the check and the Article 10 case name and number. The letter must be copied to the Secretary of the Siting Board for filing in the Article 10 case.


Q. What happens if after the application phase intervenor fees have been used up, the applicant amends its application and more review is required?

A. If the application amendment is deemed a revision requiring substantial additional scrutiny, the applicant will be assessed an additional intervenor fee equal to $1,000 for each 1,000 kilowatts of capacity of the proposed project, as amended, but no more than $75,000.00. The presiding examiner may increase the level of the additional intervenor fee 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.

Q. How does a qualified intervenor make a request for intervenor funds?
Q. Who is eligible for intervenor funds?
Q. What can application phase intervenor funds be used for?
Q. On what basis will the funds be awarded?

HEARING PROCEDURES - CONDUCT OF THE HEARING

Q. Who conducts the hearings?
Q. What kinds of hearings will be held?
Q. What are "public statement" hearings?
Q. What is a "limited appearance"?
Q. What are "trial-type evidentiary" hearings?
Q. What is "discovery"?
Q. If the Siting Board does not personally conduct the hearings, how does it become informed of the proceedings?

SITING BOARD DECISIONS - TIMING OF THE DECISION

Q. Is there a deadline by which the Siting Board must make a final decision on an Article 10 application?
Q. What happens to the deadline if the application is amended during the Article 10 proceeding?
Q. Are there any other exceptions to the deadlines described above?

SITING BOARD DECISIONS - SUBSTANCE OF THE DECISION

Q. What options does the Siting Board have in making a decision on an Article 10 application?
Q. What substantive matters must be addressed in any Siting Board decision to grant an Article 10 certificate?
Q. What are the required statutory findings that must be made by the Siting Board?
Q. What are the required statutory determinations that must be made by the Siting Board?
Q. What are the required statutory factors that must be considered by the Siting Board in making the required determinations?

COMPLIANCE AND ENFORCEMENT

Q. Who is in charge of compliance and enforcement matters regarding a Certificate that has been issued?