Section 141-A. Pre-application procedures  


Latest version.
  • 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