141-A - Pre-application procedures.

* § 141-a. Pre-application  procedures.  1.  Any  person  proposing to  submit an application for a major steam electric generating facility may  consult with, and seek agreement with, the staff of the  department  and  the  department of environmental conservation as to any study or program  of studies made or to be made to support such application. If the  staff  of  the department, the department of environmental conservation and the  person proposing to file an application can agree as to the  studies  or  program  of studies to be conducted, they shall enter into a stipulation  setting forth the agreement. Nothing  herein,  however,  shall  bar  any  party  to  a  hearing  on  an  application,  other  than  any party to a  pre-application agreement, from timely raising objections at the hearing  to the methodology and scope of any stipulated  studies  or  program  of  studies in any such agreement.    2.  In  order  to attempt to resolve any questions that may arise as a  result of consultation pursuant to subdivision one of this section,  the  board  shall  designate  a  hearing examiner who shall mediate any issue  relating to the methodology and scope of  any  studies  or  programs  of  study   to  which  the  staff  of  the  department,  the  department  of  environmental conservation and the person seeking to file an application  cannot agree. If  the  parties  can  agree,  they  shall  enter  into  a  stipulation  setting forth the agreement. Nothing herein, however, shall  bar any party to a hearing on an application other  than  any  party  to  such  a stipulation from timely raising objections at the hearing to the  methodology and scope of any stipulated studies or program of studies in  any such agreement.    * NB Expired January 1, 1989    * NB Operative with regard to applications filed on or before December           31, 1988