N.Y. Comp. Codes R. & Regs. tit. 16 § 1000.16

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1000.16 - Amendment, revocation and suspension of a certificate

(a) To determine whether a proposed amendment is a revision:

(1) the criteria for determining significance set forth in 6 NYCRR section 617.7(c) will apply; and

(2) as appropriate, the staffs of the DPS, the DEC and the DOH shall be consulted.

(b) A certificate holder seeking the amendment of a certificate shall file with the secretary an electronic copy and 10 paper copies of a petition for approval of the amendment of the certificate, together with the accompanying documents described in this subdivision. The certificate holder shall contemporaneously serve four paper copies of the petition and accompanying documents on DEC at its central office and three paper copies on each affected DEC regional office and two paper copies each on the Commissioner of Health, the chair of the New York State Energy Research and Development Authority, and the Commissioner of Economic Development. The following requirements apply:

(1) The petition shall describe the amendments proposed and the relevant engineering design, performance or operational changes proposed, with supporting documentation to describe the nature of the changes caused by or related to the amendment.

(2) To the extent appropriate, the certificate holder shall submit the data and information required by this Subchapter that would otherwise be necessary to support an application for a certificate.

(3) Notice of such petition shall be given to, and copies of such petition shall be served on, any person, municipality or agency entitled by law to be given notice, or to receive a copy, of the application for the original certificate;

(4) A copy of such petition shall also be served on any other party to the proceeding in which the original certificate was granted and all property-owners affected by the proposed amendment; and

(5) The notice shall:

(i) briefly describe the proposed amendment and state the reasons therefor;

(ii) give the name, address, telephone number and e-mail address of an employee or representative of the petitioner/applicant from whom further information, including a copy of the petition, may be obtained;

(iii) state that those, in addition to parties to the original certification proceeding, who wish to participate in the proceeding on the amendment must so advise the secretary within 10 days after the giving of such notice; and

(iv) state that any comments on the petition must be received by the secretary no later than 30 days after the date on which the notice was given.

(6) The petition shall be accompanied by an affidavit of publication and service showing that the required publication and service of documents was accomplished.

(c) If the secretary determines that a proposed amendment is a revision as defined in this Part, the board will hold a hearing following the procedures set forth in this Subchapter for applications.

(d) Any commenting party shall file one electronic copy of its comments with the secretary.

(e) The permanent board may, following the procedures in subdivisions (f) and (g) of this section, amend or suspend a certificate and may, at any time before the date on which the final compliance filing in connection with the authorized facility is deemed approved, revoke a certificate on grounds including, but not limited to:

(1) discovery of materially false or inaccurate statements in the application or supporting documents;

(2) noncompliance with a material term or condition of the certificate or with a provision of the PSL or of this Subchapter; or

(3) discovery of material information that the applicant withheld or misrepresented at the time of the certification proceeding.

(f) If the permanent board on its own motion is considering the amendment, revocation or suspension of a certificate, it will, in an order to show cause, set forth the alleged facts that appear to warrant the intended action. The time within which responses may be filed shall not exceed 30 days after the issuance of such order. Such order will be served on all parties to the certification proceeding. Any responding party shall, within the time specified in such order:

(1) file an electronic copy of its comments with the secretary;

(2) serve a copy of its comments on all parties to the certification proceeding; and

(3) file with the secretary an affidavit showing that service was made.

(g) Notwithstanding the provisions of subdivision (f) of this section:

(1) the permanent board will hold an evidentiary hearing after issuing the order to show cause, if a revision, suspension or revocation is being considered; and

(2) as permitted by section 401(3) of the State Administrative Procedure Act, the permanent board may summarily suspend a certificate if it finds that public health, safety, or welfare imperatively requires emergency action, and it incorporates such finding in an order. The summary suspension will be effective on the date specified in such order or upon service of a certified copy of such order on the certificate holder, whichever shall be later, pending proceedings for revocation or other action, which proceedings will be promptly instituted and determined.

(h) Upon the complaint of any interested person, DPS shall investigate such complaint and, if the material facts and other available evidence indicate that action may be warranted, forward the complaint with its assessment to the permanent board for action under subdivisions (f) and (g) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1000.16