N.Y. Public Service Law § 146

* § 146. Board decisions. 1. The board shall make the final decision\non an application under this article for a certificate or amendment\nthereof, upon the record made before the presiding examiner, after\nreceiving briefs and exceptions to the recommended decision of such\nexaminer and to the report of the associate examiner, and after hearing\nsuch oral argument as the board shall determine. Except for good cause\nshown to the satisfaction of the board, a determination under\nsubdivision five of section one hundred forty-five of this article that\nthe applicant's proposal is preferable to alternatives shall be final.\nSuch a determination shall be subject to rehearing and review only after\nthe final decision on an application is rendered.\n 2. The board shall render a decision upon the record either to grant\nor deny the application as filed or to certify the facility upon such\nterms, conditions, limitations or modifications of the construction or\noperation of the facility as the board may deem appropriate. The board\nshall issue, with its decision, an opinion stating in full its reasons\nfor its decision. The board shall issue an order upon the decision and\nthe opinion embodying the terms and conditions thereof in full.\nFollowing any rehearing and any judicial review of the board's decision,\nthe board's jurisdiction over an application shall cease. The public\nservice commission shall monitor, enforce and administer compliance with\nany terms and conditions set forth in the board's order. The board may\nnot grant a certificate for the construction or operation of a major\nsteam electric generating facility, either as proposed or as modified by\nthe board, unless it shall first find and determine:\n (a) the public need for the facility and the basis thereof;\n (b) the nature of the probable environmental impact, including a\nspecification of the predictable adverse effect on the normal\nenvironment and ecology, public health and safety, aesthetics, scenic,\nhistoric and recreational value, forest and parks, air and water\nquality, fish and other marine life and wildlife;\n (c) that the facility (i) represents the minimum adverse environmental\nimpact, considering the state of available technology, the nature and\neconomics of the various alternatives, the interests of the state with\nrespect to asthetics, preservation of historic sites, forest and parks,\nfish and wildlife, viable agricultural lands, and other pertinent\nconsiderations, (ii) is compatible with public health and safety and\n(iii) will not discharge any effluent that will be in contravention of\nthe standards adopted by the department of environmental conservation,\nor in case no classification has been made of the receiving waters\nassociated with the facility, will not discharge any effluent that will\nbe unduly injurious to the propagation and protection of fish and\nwildlife, the industrial development of the state, and public health and\npublic enjoyment of the receiving waters;\n (d) that the facility is designed to operate in compliance with\napplicable state and local laws and regulations issued thereunder\nconcerning, among other matters, the environment, public health and\nsafety, all of which shall be binding upon the applicant, except that\nthe board may refuse to apply any local ordinance, law, resolution or\nother action or any regulation issued thereunder or any local standards\nor requirement which would be otherwise applicable if it finds that as\napplied to the proposed facility such is unreasonably restrictive in\nview of the existing technology or the needs of or costs to consumers\nwhether located inside or outside of such municipality. The board shall\nprovide the municipality an opportunity to present evidence in support\nof such ordinance, law, resolution, regulation, or other local action\nissued thereunder. For the purposes of this article an agreement between\nthe applicant and a municipality in which the proposed facility is to be\nlocated, entered into on or before May first, nineteen hundred\nseventy-six, relating to the location of facilities within the\nmunicipality shall be deemed to be and have the force and effect of a\nlocal law;\n (e) that the facility is consistent with long-range planning\nobjectives for electric power supply in the state, including an economic\nand reliable electric system; and for protection of the environment;\n (f) that the facility will serve the public interest, convenience and\nnecessity, provided, however, that a determination of necessity for a\nfacility made by the power authority of the state of New York pursuant\nto section ten hundred five of the public authorities law for which an\napplication for a certificate has been filed prior to July first,\nnineteen hundred seventy-eight shall be conclusive on the board; and\n (g) that the facility is in the public interest, considering the\nenvironmental impact of the facility, the total cost to society as a\nwhole, the possible available sites or alternative available sources of\nenergy, as the case may be, both within the state and elsewhere and the\nimmediacy and totality of the needs of the people of the state for the\nfacility within the context of the need for public utility services and\nfor protection of the environment.\n 3. The board shall, either as a part of the decision described in\nsubdivision two of this section or as part of any determination as may\nbe appropriately made in conformance with regulations adopted pursuant\nto paragraph (b) of subdivision six of section one hundred forty-two of\nthis article, issue a permit under section four hundred two of the\nFederal Water Pollution Control Act amendments of nineteen hundred\nseventy-two. Such permit shall be based upon the evidence of record with\nrespect to the construction and operation of the water intake and\ndischarge systems of the facility and shall contain such conditions and\nlimitations as the board shall deem appropriate. The issuance of a\npermit as part of a determination hereunder shall not prevent the board,\nif it be so disposed, from denying the application under subdivision two\nof this section in which event the permit shall thenceforth be deemed to\nbe of no force or effect.\n 4. A copy of the board's decision and opinion shall be served on each\nparty personally or by mail.\n * NB Expired January 1, 1989\n * NB Operative with regard to applications filed on or before December\n 31, 1988\n * NB There are 2 § 146's\n