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Article X:

The Regulations

 
 
 
 

 

Pursuant to Section 164.6 of the Public Service Law, when an applicant submits its Article X application, it must also submit a fee of $1,000 per megawatt of capacity, up to $300,000, for an intervenor fund. The intervener fund is distributed by the presiding examiner assigned to the case.The examiner awards funds to municipal and other local parties to help defray the expenses of expert witnesses and consultants. At least fifty percent of the fund is designated for the use of municipalities and up to fifty percent is designated for the use of other local parties in the case.


Prospective interveners are encouraged to contact Department of Public Service staff during the pre-application phase of a case for additional information regarding the preparation of a funding award application letter. In accordance with 16 NYCRR Section 10009.(a), detailed requests for funds must be submitted in writing to the presiding examiner not later than 15 days after the date on which the notice of the initial pre-hearing conference is issued. The presiding examiner considers such requests at the initial pre-hearing conference.


Any intervenor funds remaining at the end of a case will be returned to the applicant. For more specific information regarding an application for intervenor funding, consult Article X Regulations, 16 NYCRR 1000.9, which is shown below:


1000.9 Fund for Municipal and Local Parties.

Municipality (except an applicant) or other local party may request funds to defray expenses for expert witness and consultant fees. Requests for funds shall be submitted to the presiding examiner not later than 15 days after the issuance of a notice of the initial prehearing conference.

To the availability of funds, the presiding examiner may fix additional dates for submission of fund requests.
request for funds shall be submitted to the presiding examiner, with copies to the other parties to the proceeding, and contain:

(1) the number of persons and the interests and goals the requesting party represents;
(2) a statement of the availability of funds from requesting parties own resources and from other sources and of the efforts which have been made to obtain such funds;
(3) the location of the requesting party with respect to the proposed site and any alternative site listed as reasonable in the application;
(4) to the extent possible, the name and qualifications of each expert to be employed;
(5) if known, the name of any other party who may or is intending to employ such expert;
(6) a detailed statement of the services to be provided by experts and consultants (and the basis for their fees), specifying how such services will contribute to the development of an adequate record;
(7) a statement as to the result of any effort made to encourage the applicant to perform the proposed studies or evaluations or the reason it is believed that an independent study is necessary; and
(8) a copy of any contract or agreement or proposed contract or agreement with each expert and consultant.

The initial prehearing conference, or at any other conference held to consider fund requests, the presiding examiner shall discuss the award of funds and encourage the consolidation of requests.

Later than 15 days after the close of the initial prehearing conference, the presiding examiner shall make an initial award, and from time to time thereafter may make additional awards, of funds in relation to the potential or such awards to make a contribution to the development of an adequate record. The presiding examiner shall ensure that the funds are awarded on an equitable basis in a manner which facilitates broad public participation in the proceeding, and that a fair portion is awarded to municipal and other local parties from the area of the applicant’s proposed site. At least 50% of the funds deposited in the intervenor account shall be awarded to municipalities and up to 50% to other local parties.

Fee submitted with each application shall be deposited in an intervenor account, established pursuant to Section 97-tt of the State Finance Law.

A quarterly basis, unless otherwise required by the presiding examiner, any municipality or other local party receiving an award of funds shall:

(1) provide an accounting of the monies which have been spent; and
(2) submit a report to the presiding examiner showing:

(i) that the purpose for which the funds were awarded has been achieved and the results of any studies conducted using such funds;
(ii) that reasonable progress toward the goal for which the funds were allocated is being achieved; or
(iii) why further expenditures are warranted.

It appears warranted, the presiding examiner may incorporate the reports referred to in subdivision (g) of this section into the hearing record as public statements.

From the intervenor account to municipal and other local parties shall be made by the DPS upon audit and warrant of the Comptroller of the State on vouchers approved by the Board. Any funds which have not been disbursed shall be returned to the applicant after the time for applying for judicial review of a Board’s decision has expired. If an application has been withdrawn or dismissed, any funds remaining shall be returned within a reasonable time.

During the pre-application process, an applicant may agree to defray expenses incurred by a municipality or other local party for expert witness or consultant fees. Such party may agree that it will pay the money advanced by the applicant if it receives a disbursement in accordance with subdivision (i) of this section. Such agreement shall not bind the presiding examiner to award funds in any particular manner.