Section 122. Application for a certificate

1.  An  applicant  for  a
  certificate shall file with the commission an application, in such  form
  as  the  commission may prescribe, containing the following information:
  (a) the location of the site or right-of-way; (b) a description  of  the
  transmission  facility to be built thereon; (c) a summary of any studies
  which have been made of the environmental impact of the project,  and  a
  description of such studies; (d) a statement explaining the need for the
  facility;  (e)  a  description  of  any reasonable alternate location or
  locations for the proposed facility, a description  of  the  comparative
  merits and detriments of each location submitted, and a statement of the
  reasons  why  the  primary  proposed  location  is  best  suited for the
  facility; and (f) such other information as the applicant  may  consider
  relevant  or the commission may by regulation require. Copies of all the
  studies referred to in (c) above shall be filed with the commission  and
  shall be available for public inspection.
    2. Each application shall be accompanied by proof of service of: (a) a
  copy of such application on
    i.  each  municipality  in which any portion of such facility is to be
  located, both as primarily proposed and  in  the  alternative  locations
  listed.  Notice  to  a  municipality  shall  be  addressed  to the chief
  executive officer thereof and shall specify the date on or  about  which
  the application is to be filed;
    ii.  the  commissioner of environmental conservation, the commissioner
  of commerce, the secretary of state, the commissioner of agriculture and
  markets  and  the  commissioner  of  parks,  recreation   and   historic
  preservation;
    iii.  each  member  of  the  legislature  through  whose  district the
  facility or any alternate proposed in the application would pass;
    iv. in the event such facility  or  any  portion  thereof  is  located
  within its jurisdiction, the Tug Hill commission.
    v. in the event such facility or any portion thereof is located within
  the Adirondack park, as defined in subdivision one of section 9--0101 of
  the environmental conservation law, the Adirondack park agency.
    (b) a notice of such application on persons residing in municipalities
  entitled  to  receive  notice under subparagraph i. of paragraph a. Such
  notice shall be given by the publication of a summary of the application
  and the date on or about which it will be filed, to be  published  under
  regulations  to  be  promulgated  by the commission, in such form and in
  such newspapers as will serve substantially to inform the public of such
  application.
    3. Inadvertent failure  of  service  on  any  of  the  municipalities,
  persons, agencies, bodies or commissions named in subdivision two may be
  cured  pursuant to regulations of the commission designed to afford such
  persons adequate notice to enable them to participate effectively in the
  proceeding. In addition, the commission may, after filing,  require  the
  applicant  to  serve notice of the application or copies thereof or both
  upon such other persons and file proof thereof  as  the  commission  may
  deem appropriate.
    4.  An  application for an amendment of a certificate shall be in such
  form and contain such information as  the  commission  shall  prescribe.
  Notice of such an application shall be given as set forth in subdivision
  two.
    5.  (a)  For every application deemed complete by the commission after
  the effective date  of  this  subdivision,  each  application  shall  be
  accompanied  by  a fee in an amount equal to: for electric major utility
  transmission facilities of one hundred  twenty-five  kilovolts  or  more
  extending  a  distance  of  over  one  hundred miles, four hundred fifty
  thousand dollars; for electric major utility transmission facilities  of

  one  hundred  twenty-five kilovolts or more extending a distance of over
  fifty miles to one hundred miles, three hundred fifty thousand  dollars;
  for  electric  major  utility  transmission  facilities, requiring a new
  right  of  way and one hundred twenty-five kilovolts or more extending a
  distance of ten miles to fifty miles, one hundred thousand dollars;  for
  electric  major  utility  transmission  facilities utilizing an existing
  right of way and one hundred twenty-five kilovolts or more  extending  a
  distance  of  ten miles to fifty miles, fifty thousand dollars. All such
  fees shall be deposited in the intervenor account, established  pursuant
  to  section ninety-seven-tt of the state finance law, to be disbursed at
  the commission's direction, to defray expenses incurred by municipal and
  other parties to the proceeding (except  a  municipality  which  is  the
  applicant)  for  expert  witness,  consultant,  administrative and legal
  fees, provided, however,  such  expenses  shall  not  be  available  for
  judicial  review.  If  at  any  time  subsequent  to  the  filing of the
  application, the application  is  amended  in  a  manner  that  warrants
  substantial   additional   scrutiny,   the  commission  may  require  an
  additional intervenor fee  in  an  amount  not  to  exceed  one  hundred
  twenty-five   thousand   dollars.   The  commission  shall  provide  for
  transcripts,  the  reproduction  and  service  of  documents,  and   the
  publication  of required notices, for municipal and other local parties,
  in all appropriate languages. Any moneys  remaining  in  the  intervenor
  account  after  the  commission's  jurisdiction  over an application has
  ceased shall be returned to the applicant.
    (b) Notwithstanding any other provision of law to  the  contrary,  the
  commission  shall provide by rules and regulations for the management of
  the intervenor account and for disbursements  from  the  account,  which
  rules  and  regulations  shall  be  consistent  with the purpose of this
  section to make available to municipal parties at least one-half of  the
  amount of the intervenor account and for uses specified in paragraph (a)
  of  this  subdivision.  In  addition, the commission shall provide other
  parties up  to  one-half  of  the  amount  of  the  intervenor  account,
  provided,  however,  that  the commission shall assure that the purposes
  for which moneys  in  the  intervenor  account  will  be  expended  will
  contribute to an informed decision as to the appropriateness of the site
  and  facility  and  are made available on an equitable basis in a manner
  which facilitates broad public participation.