Town of Wheatfield v. State of New York Public Service Commission

Petition unanimously dismissed without costs. Memorandum: Petitioner Town of Wheatfield contends that the Public Service Commission’s (PSC) certificate of environmental compatibility and public need for the Empire State Pipeline gas line project must be annulled because it was not given adequate notice of the PSC proceedings. We disagree. The record establishes that Empire State Pipeline duly served petitioner with notice of its application (see, Public Service Law § 122 [2]). *674Although entitled to do so, petitioner did not file the requisite notice to become a party to the proceeding (see,…