N.Y. Laws » CHAPTER Public Service / ARTICLE Siting of Major Utility Transmission Facilities
New York Consolidated Laws

N.Y. Public Service Law § 124 (2026)

Parties to certification proceedings

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 124. Parties to certification proceedings. 1. The parties to the
certification proceedings shall include:
  (a) the applicant
  (b) the department of environmental conservation
  (c) the department of commerce
  (d) the secretary of state.
  (e) the department of agriculture and markets.
  (f) the office of parks, recreation and historic preservation.
  (g) where the facility or any portion thereof or of any alternate is
to be located within its jurisdiction, the Tug Hill commission.
  (h) where the facility or any portion thereof or any alternate is to
be located within the Adirondack park, as defined in subdivision one of
section 9--0101 of the environmental conservation law, the Adirondack
park agency.
  (i) a municipality entitled to receive notice under paragraph (a) of
subdivision two of section one hundred twenty-two, if it has filed with
the commission a notice of intent to be a party, within thirty days
after the date given in the notice as the date for filing of the
application.
  (j) any individual resident in a municipality entitled to receive
notice under paragraph (a) of subdivision two of section one hundred
twenty-two, if he has filed with the commission a notice of intent to be
a party, within thirty days after the date given in the published notice
as the date for filing of the application.
  (k) any domestic non-profit corporation or association, formed in
whole or in part to promote conservation or natural beauty, to protect
the environment, personal health or other biological values, to preserve
historical sites, to promote consumer interests, to represent commercial
and industrial groups or to promote the orderly development of the areas
in which the facility is to be located, if it has filed with the
commission a notice of intent to become a party, within thirty days
after the date given in the published notice as the date for filing of
the application.
  (l) such other persons or entities as the commission may at any time
deem appropriate.
  2. The commission shall designate such members of its staff as may be
desirable to represent the public interest in such proceedings.
  3. Any person may make a limited appearance in the proceeding,
entitling such person to file a statement in writing, by filing a copy
of such statement within sixty days after the date given in the
published notice as the date for filing the application. All papers and
matters filed by a person making a limited appearance shall become part
of the record. No person making a limited appearance shall be a party or
shall have the right to present oral testimony or cross-examine
witnesses or parties.
  4. The commission may, for good cause shown, permit a municipality
entitled to become a party under subdivision one, but which has failed
to file the requisite notice of intent within the time required, to
become a party, and to participate in all subsequent stages of the
proceeding.
  5. Notwithstanding the time limits set forth in paragraphs (i), (j)
and (k) of subdivision one and in subdivision three of this section, a
person shall file the notice or statement described in those
subdivisions within fifteen days after the date given in the published
notice as the date for filing the application, when the application is
one with respect to a fuel gas transmission line as defined in section
one hundred twenty.
Notes of Decisions
Cited in 5 cases, 1986–1998 · leading case: Inc. Vill. of East Williston v. Pub. Serv. Comm'n, 153 A.D.2d 943 (N.Y. App. Div. 2d Dep't 1989).
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Inc. Vill. of East Williston v. Pub. Serv. Comm'n, 153 A.D.2d 943 (N.Y. App. Div. 2d Dep't 1989). · cites it 2× “If it desired to participate in the proceedings, the petitioner was required, within 30 days after the date given in the notice as the date for filing the application, to file a notice of intent to be a party (Public Service Law § 124 [1] [i]). Despite the statutory opportunity…”
Powerline Coalition, Inc. v. New York State Pub. Serv. Comm'n, 244 A.D.2d 98 (N.Y. App. Div. 3d Dep't 1998). “Public Service Law § 124 (1) (j) requires that the filing of an intent to become a party must occur within 30 days of the date given in a published notice as the date for filing.”
CNG Transmission Corp. v. New York State Pub. Serv. Comm'n, 185 A.D.2d 671 (N.Y. App. Div. 4th Dep't 1992). · cites it 2× “Due notice of the application was served pursuant to Public Service Law § 124 and, at its request, petitioner was made a party to the proceedings (see, Public Service Law § 124 [1]).”
Ingham v. Pub. Serv. Comm'n, 116 A.D.2d 718 (N.Y. App. Div. 2d Dep't 1986). · cites it 2× “Public Service Law § 124 defines the various persons, officials, and bodies which are included as "parties” to certification proceedings.”
Town of Wheatfield v. State of New York Pub. Serv. Comm'n, 185 A.D.2d 673 (N.Y. App. Div. 4th Dep't 1992). “*674 Although entitled to do so, petitioner did not file the requisite notice to become a party to the proceeding (see, Public Service Law § 124 [1] [i]) and therefore was not entitled to receive ongoing notice of the application process (see, Matter of Ingham v Public Serv.”
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