Major Transmission Facility Siting in New York State

Article VII Process Flow Chart [these steps are taken in sequence]

PRE-APPLICATION PHASE

  • Applicant may meet and consult with various state agencies to introduce a project and gather information on certification requirements.
  • Applicant may publicly announce its project and launch a public involvement program.

APPLICATION PHASE

  • The applicant publishes newspaper notice of its intent to file an Article VII application at least once a week for the two weeks prior to the filing in all areas through which the facility would pass.
  • Applicant files the Article VII application with the PSC and serves copies on officials of local municipalities and on the area’s State legislators. The public can file for party status and take an active role in the evidentiary process.
  • PSC/DPS may hold public meeting(s) to explain the Article VII Process and encourage public involvement.

HEARING AND DECISION PHASE

  • Once the application is deemed to be complete, the assigned Administrative Law Judge will set dates for:
    • a Pre-hearing Conference to determine the issues, if any, and to set the schedule for the evidentiary hearings and
    • a Public Statement Hearing to receive public comments.
  • Active parties participate in Evidentiary Hearings before hearing examiners.
  • Initial Briefs to the Administrative Law Judge.
  • Reply Briefs to the Administrative Law Judge.
  • The examiner makes a recommended decision based on the record of the hearings.
  • Initial Briefs on Exceptions may be filed.
  • Reply Briefs on Exceptions may be filed.
  • PSC makes the final decision as to Certificate.

POST–CERTIFICATION PHASE

  • If a Certificate is issued, the applicant submits environmental management and construction and other post-certification filings.
  • Final right-of-way acquisitions completed. The construction phase begins.

Download this article from the PSC website: Flow Chart (12 kb PDF)

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