Section 142. Application for a certificate

1.  An  applicant  for  a
  certificate shall file with the chairman of the board an application, in
  such  form  as  the  board  may  prescribe  containing   the   following
  information and materials:
    (a)  a description of the site and a description of the facility to be
  built thereon; including available site information, including maps  and
  description,  present  and  proposed  development,  source and volume of
  water required for plant operation  and  cooling,  and  as  appropriate,
  geological,  aesthetic,  ecological, tsunami, seismic, biological, water
  supply, population and load center data;
    (b) a description of any reasonable alternate  location  or  locations
  for, and alternate practical sources of power to, the proposed facility;
  a  description  of  the comparative advantages and disadvantages of each
  such location and source; and a statement of the reasons why the primary
  proposed location and source is best suited to promote the public health
  and welfare, including the recreational and other concurrent uses  which
  the site may serve;
    (c)  studies, identifying the author and date thereof, which have been
  made of the expected environmental impact and safety  of  the  facility,
  both  during  its  construction  and  its  operation,  which studies are
  sufficient to identify (i) the anticipated  gaseous,  liquid  and  solid
  wastes   to   be  produced  at  the  facility  including  their  source,
  anticipated  volumes,  composition  and  temperature,  and  such   other
  attributes  as  the  board  may  specify and the probable level of noise
  during construction and operation of the facility;  (ii)  the  treatment
  processes to reduce wastes to be released to the environment, the manner
  of  disposal for wastes retained and measures for noise abatement; (iii)
  the anticipated volumes of wastes to  be  released  to  the  environment
  under   any   operating   condition  of  the  facility,  including  such
  meterological, hydrological and other information needed to support such
  estimates;  (iv)  conceptual   architectural   and   engineering   plans
  indicating  compatibility  of the facility with the environment; and (v)
  how  the  construction  and  operation  of   the   facility,   including
  transportation  and  disposal  of wastes would comply with environmental
  health and safety standards, requirements, regulations and  rules  under
  state  and  municipal  laws,  and  a  statement  why  any  variances  or
  exceptions should be granted;
    (d) estimated cost information, including plant costs by account,  all
  expenses  by  categories  including  fuel  costs, plant service life and
  capacity factor and total generating cost  per  kilowatt-hour,  both  at
  plant  and  including  related  transmission,  and  comparative costs of
  alternatives considered;
    (e) a statement explaining the need for  the  facility  including  (i)
  reasons  that  the  facility  is  necessary  or desirable for the public
  welfare and is not incompatible with health and safety;  (ii)  the  load
  demands  which  the facility is designed to meet; (iii) how the facility
  will contribute to system reliability, safety and efficiency;  and  (iv)
  that  the facility conforms to the current long range electric forecasts
  of the energy planning board; and
    (f) such other information as the applicant may consider  relevant  or
  as  may  be  required by the board. Copies of the application, including
  the required information, shall be filed with the  board  and  shall  be
  available for public inspection.
    2.  Each application shall be accompanied by proof of service, in such
  manner as the board shall prescribe, of: (a) a copy of such  application
  on
    (i)  each  municipality in which any portion of such facility is to be
  located as primarily proposed or in the  alternative  locations  listed.

  Such  copy  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) each member of the board;
    (iii) the department of health;
    (iv) the department of commerce;
    (v) the department of agriculture and markets;
    (vi) the secretary of state;
    (vii) the attorney general;
    (viii) the department of transportation;
    (ix)  a  library  serving  the  district  of  each member of the state
  legislature in whose district any portion  of  the  facility  is  to  be
  located as primarily proposed or in the alternative locations listed;
    (x)  in  the  event  such facility or any portion thereof as primarily
  proposed or in the alternative locations listed is  located  within  its
  jurisdiction, the Hudson river valley commission;
    (xi)  in  the  event such facility or any portion thereof as primarily
  proposed or in the alternative locations listed is  located  within  its
  jurisdiction, the St. Lawrence-eastern Ontario commission; and
    (xii)  in  the  event  that  such  facility  or any portion thereof as
  primarily proposed or in the alternative  locations  listed  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
    (i)  persons  residing in municipalities entitled to receive a copy of
  the  application  under  subparagraph  (i)  of  paragraph  (a)  of  this
  subdivision.  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 board,  in  such
  form  and in such newspaper or newspapers as will serve substantially to
  inform the public of such application;
    (ii) each member of  the  state  legislature  in  whose  district  any
  portion of the facility is to be located as primarily proposed or in the
  alternative locations listed; and
    (iii)  persons  who  have  filed a statement with the board within the
  past twelve months that they wish to receive all such notices concerning
  facilities in the area in  which  the  facility  is  to  be  located  as
  primarily proposed or in the alternative locations listed.
    3.  Inadvertent  failure  of  service  on  any  of the municipalities,
  persons, agencies, bodies or commissions named  in  subdivision  two  of
  this  section  shall not be jurisdicational and may be cured pursuant to
  regulations of the board designed to afford such persons adequate notice
  to  enable  them  to  participate  effectively  in  the  proceeding.  In
  addition,  the  board  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 board may deem appropriate.
    4.  The  board  shall prescribe the form and content of an application
  for an amendment of a certificate to be issued hereunder. Notice of such
  an application shall be given as set forth in subdivision  two  of  this
  section.
    5.  If  an  alternative  location  not  listed  in  the application is
  proposed in  the  certification  proceeding,  notice  of  such  proposed
  alternative  shall  be  given  as  set  forth in subdivision two of this
  section.
    6. (a) Each application shall be accompanied by a fee of  one  hundred
  fifty thousand dollars to be used to establish a fund (hereafter in this
  section  referred  to  as  the  "fund")  to  be disbursed at the board's

  direction, to defray expenses incurred  by  municipal  and  other  local
  parties to the proceeding (except a municipality which is the applicant)
  for  expert  witness  and  consultant  fees.  The  board  shall  provide
  transcripts,   reproduce  and  serve  documents,  and  publish  required
  notices, for municipal parties. Any monies remaining in the fund,  after
  the  board  has issued its decision on an application under this article
  and the time for applying  for  a  rehearing  and  judicial  review  has
  expired, shall be returned to the applicant.
    (b)  The  one  hundred fifty thousand dollar fee required by paragraph
  (a) of this subdivision shall be  deposited  in  one  or  more  separate
  accounts  in  one  or  more banks of the board's choosing insured by the
  federal  deposit  insurance  corporation.  Notwithstanding   any   other
  provision  of  law to the contrary, the board shall provide by rules and
  regulations for the management of the fund, for disbursements  from  the
  fund, and for the proper auditing of monies in the fund, which rules and
  regulations shall be consistent with the purpose of this section to make
  available  to municipal parties up to seventy-five thousand dollars from
  such fund for uses specified in this section.  In  addition,  the  board
  shall  provide  other local parties up to seventy-five thousand dollars,
  provided however, that the board shall assure that such funds  are  made
  available  on  an  equitable  basis  in a manner which facilitates broad
  public participation.
    7. (a) The applicant shall also file with the chairman of  the  board,
  either  concurrently  with its application under subdivision one of this
  section or in a separate  document  to  be  incorporated  therein,  such
  evidence  as  will  enable  the  board  to evaluate the facility's water
  intake and discharge systems and  to  reach  a  determination  to  issue
  therefor,  subject  to  appropriate conditions and limitations, a permit
  under section four hundred two to the Federal  Water  Pollution  Control
  Act  amendments  of nineteen hundred seventy-two (33 U.S.C. § 1342; P.L.