New York Consolidated Laws, Energy Law - ENG § 18-107. Filing of application for certificate; docketing; convening of board

1. Any person seeking to establish or operate a temporary nuclear waste repository shall file an application for a certificate with the commissioner. Copies of such application shall be served on each municipality within which the facility is proposed to be situated or operated, as well as with any other governmental agency specified in subdivision two or three of section 18-103 of this article having jurisdiction. Such application shall meet requirements of section 18-109 of this article. Such application shall be accompanied by a deposit of three hundred thousand dollars, which shall be used by the board to defray its expenses; provided, however, that upon the termination of a proceeding under this article, any unexpended balance shall be returned to the applicant.

2. Within sixty days after the receipt of an application filed pursuant to this section, the commissioner shall determine whether the application complies with section 18-109 of this article. If he finds that the application does not so comply, he shall so inform the applicant.

3. Notwithstanding paragraphs one or two of section 18-107, upon a determination that an application is sufficiently complete for the board to make a decision on the findings in section 18-111 the commissioner shall transmit a copy of the application to the commissioner of health, and shall transmit to the governor, the temporary president of the senate and the speaker of the assembly, notification that the application has been filed seeking a certificate pursuant to this article, and that a board will be convened pursuant to the provisions of this article.

4. The commissioner shall transmit to each of the municipalities, agencies and persons required to receive a copy of the application pursuant to section 18-103 of this article or subdivision 3 of this section, a notice stating that the application has been docketed and stating the time and place of the first meeting of the board, which shall be not more than forty-five days after the date of such notice.

5. Upon receipt of notice from the commissioner convening a board, the temporary president of the senate and the speaker of the assembly shall each designate one person to be appointed by the governor to serve on the board.