N.Y. ENV Law § 15-1721

§ 15-1721. Reservation in the license; state control of rates and use\n and distribution of power.\n 1. Every license issued pursuant to title 17 of this article for a\nproject shall contain a provision expressly reserving to the state the\nright to regulate and control the use and distribution of the power\ngenerated by any licensee, and to fix reasonable rates to be charged by\nthe licensee under all circumstances for furnishing heat, light or power\ngenerated wholly or partly by the use of property covered by the\nlicense, and to regulate the service, capitalization and secured debt of\nthe licensee and licensed project.\n 2. Jurisdiction is hereby conferred upon, and it shall be the duty of,\nthe Public Service Commission to regulate and control the use and\ndistribution of all power generated by any licensee under title 17 of\nthis article, or generated by any person or public corporation, by the\nuse and diversion for power purposes of any waters of the state in which\nthe state has a proprietary right or interest, and to fix reasonable\nrates to be charged by such licensee, or such person or public\ncorporation, for furnishing heat, light or power generated wholly or\npartly by the use of water in which the state has a proprietary right or\ninterest. In the exercise of such jurisdiction the Public Service\nCommission shall give preference to municipalities in the use and\ndistribution of power generated by such licensee or by such person or\npublic corporation. To carry out the provisions of this section, and\nuntil otherwise provided by law, complaints, inspections,\ninvestigations, hearings, rules, regulations, orders and determinations\nmay be made or had, and rules, regulations and orders enforced, in the\nmanner, so far as applicable, provided in the Public Service Commission\nLaw in respect of electrical corporations and of the manufacture, sale\nand distribution of electricity.\n 3. Every license issued pursuant to this article shall contain a\ncondition that the development of power thereunder shall be subject to\nthe control and authority of the Public Service Commission to the extent\nconferred upon such Commission by this section.\n