Sec. 85-3.4. Procedures regarding application

(a) The public hearing on an application submitted under this Subpart required by section 123 of the Public Service Law shall be held no less than 60 days and not more than 90 days after the compliance determination. Following the public hearing, the hearing examiner shall determine, within 30 days, whether any party has raised a substantive and significant issue concerning the application and shall set a schedule for the hearing of any such issues. If the hearing examiner determines no such issues are raised, the applicant shall, within 30 days after the hearing examiner’s determination, either:

(1) initiate settlement discussions; or

(2) move the commission for issuance of the certificate on the basis of the application, exhibits, and any other information the applicant deems relevant.

(b) The applicant’s motion filed under subdivision (a) of this section shall set forth the grounds on which the commission may make the findings required under Public Service Law section 126, with citations to the supporting record, and shall otherwise comply with section 3.6 of this Title. The applicant shall serve those parties required to be served under section 85-2.10(a) of this Part and Public Service Law article VII.

(c) The commission may grant the applicant’s motion filed under subdivision (a) of this section, and issue an order approving the application for a certificate. Should the commission find that the project is not subject to section 85.2-17.2 of this Part, it shall suspend consideration of the applicant’s motion and remand that action back to the hearing examiner for further proceedings. The hearing examiner shall thereafter set a date for a hearing to determine whether the identified significant adverse environmental impact can be avoided. Upon submission of the record of that hearing, the public service commission shall decide the motion.