Sec. 21.10. Expedited proceedings on noncontested applications

(a)

(1) Upon the motion of any applicant, the commission may, where it appears to be in the public interest, order that the public hearings required by section 68 of the Public Service Law on an application by a gas corporation or electric corporation, or by section 99 of the Public Service Law on an application by a telephone utility, for the granting, modification or renewal of a certificate of public convenience and necessity, be held before the commission on the application and such exhibits, prepared testimony or other information as may be filed by the applicant or by any party or staff counsel, without oral testimony.

(2) A motion by an applicant for an expedited proceeding under paragraph (1) of this subdivision shall be made at any time before the commission acts on its application. The applicant shall serve a copy of the motion for an expedited proceeding and the public notice required by paragraph (3) of this subdivision on each person or municipality, if any, entitled to service of a copy of the application.

(3) Within 14 days after the date on which it files its motion, an applicant moving under paragraph (1) of this subdivision shall publish in a newspaper, or newspapers of general circulation, in all the areas in which the franchise sought to be granted or renewed would permit it to operate, a notice:

(i) briefly describing the subject matter of the application;

(ii) stating that the applicant has moved that the public hearing required by the Public Service Law be held before the commission on the basis of the application and such exhibits, prepared testimony and any other information as may have been filed by any party or staff counsel, and that oral testimony not be taken; and

(iii) stating that any person opposed to the granting or renewal of the franchise should, within 10 days of the date of the publication of the notice, notify in writing the secretary of the Public Service Commission at Agency Building 3, Empire State Plaza, Albany, NY 12223, of the reasons for the opposition.

(b) The commission may grant a motion made under subdivision (a) of this section if:

(1) the applicant has served a copy of its motion, and the public notice required, upon each party entitled to receive a copy of the application; and

(2) no person, municipality or agency has filed with the secretary, within 10 days of the date of publication of the newspaper notice required by paragraph (a)(3) of this section, a written objection stating substantive reasons for opposition to the granting of such a motion.

(c) If, at the hearings provided by subdivision (a) of this section, the commission finds that there is a substantive basis for opposition to the granting of the certificate, it shall order that the matter be set for further hearings.