Section 126. The decision  


Latest version.
  • 1.  The commission shall render a decision upon
      the record either granting  or  denying  the  application  as  filed  or
      granting it upon such terms, conditions, limitations or modifications of
      the construction or operation of the facility as the commission may deem
      appropriate.  If  the  commission denies the application, it shall file,
      with its order, an opinion stating in full its reasons for  the  denial.
      Except  as  provided in subdivision two of this section, the  commission
      may not grant a certificate for the construction or operation of a major
      utility transmission facility, either as proposed or as modified by  the
      commission, unless it shall find and determine:
        (a) the basis of the need for the facility;
        (b) the nature of the probable environmental impact;
        (c) that  the  facility  represents  the minimum adverse environmental
      impact, considering the state of available technology and the nature and
      economics   of   the   various   alternatives,   and   other   pertinent
      considerations  including but not limited to, the effect on agricultural
      lands, wetlands, parklands and river corridors traversed;
        (d) in the case of an electric transmission line, (1)  what  part,  if
      any,  of  the  line shall be located underground; (2) that such facility
      conforms to a long-range plan for expansion of the electric  power  grid
      of  the  electric  systems serving this state and interconnected utility
      systems, which will serve the interests of electric system  economy  and
      reliability;
        (e)  in  the case of a gas transmission line, that the location of the
      line will not pose an undue hazard to persons or property along the area
      traversed by the line;
        (f) that  the  location  of  the  facility  as  proposed  conforms  to
      applicable  state  and local laws and regulations issued thereunder, all
      of  which  shall  be  binding  upon  the  commission,  except  that  the
      commission  may  refuse to apply any local ordinance, law, resolution or
      other action or any regulation issued thereunder or any  local  standard
      or  requirement  which would be otherwise applicable if it finds that as
      applied to the proposed facility such  is  unreasonably  restrictive  in
      view  of the existing technology, or of factors of cost or economics, or
      of the needs of consumers whether located  inside  or  outside  of  such
      municipality.
        (g) that the facility will serve the public interest, convenience, and
      necessity,  provided, however, that a determination of necessity made by
      the power authority of the state of New York  pursuant  to  section  ten
      hundred  five  of  the  public  authorities  law  for  a  major  utility
      transmission facility for which an application has been filed  prior  to
      July  first,  nineteen  hundred  seventy-eight  pursuant  to section one
      hundred  twenty-two  of  this  chapter,  shall  be  conclusive  on   the
      commission.
        2.  In  the case of an electric transmission line to be constructed by
      the power authority of the state of New York and located in  part  under
      the  waters of Long Island Sound and for the remaining part underground,
      the commission shall make only the findings and determinations  required
      by  paragraphs  (b), (c) and (f) of subdivision one of this section and,
      on the basis of such findings and determinations, shall grant, grant  in
      part, or deny the certificate.
        3.  If the commission determines that the location of all or a part of
      the  proposed  facility  should  be  modified,  it  may  condition   its
      certificate upon such modification, provided that the municipalities and
      persons  residing  in  such  municipalities affected by the modification
      shall have had notice of the application as provided in subdivision  two
      of section one hundred twenty-two.
    
        4.  A  copy  of the order and any opinion issued therewith pursuant to
      section one hundred twenty-seven shall be served upon each party.