§  11. Powers. Every such corporation shall have the following powers:
1.  A gas corporation and a gas  and  electric  corporation  shall  have
power  to  manufacture gas, and to acquire natural or artificial gas and
to mix the gases and to sell and furnish gas for light, heat  or  power;
and  to  lay  conductors  for  gas  in  the streets, highways and public
places, in each city, village and town in the county or  counties  named
in  its  certificate of incorporation, with the consent of the municipal
authorities of such city, village or town,  and  under  such  reasonable
regulations as they may prescribe.
  2. Every corporation having authority under any general or special law
or under any charter or franchise, to lay down, erect or maintain pipes,
conduits,  ducts  or  other  fixtures  in,  over  or  under the streets,
highways and public places  of  any  municipality  for  the  purpose  of
furnishing  or  distributing  natural  gas,  may  acquire and supply for
public use artificial gas.
  Where any gas corporation is serving  natural  gas  under  permits  or
franchises  permitting  the  laying or maintaining of mains or pipes and
conveying natural  gas,  and  the  supply  of  natural  gas  has  become
inadequate  or  insufficient  to give reasonable service to consumers in
the municipalities  served  by  it,  such  gas  corporation  may  supply
artificial  gas  or a mixture of natural and artificial gases under such
permits or franchises.
  3. An electric corporation and a gas and  electric  corporation  shall
have power to generate, acquire and supply electricity for heat or power
in  cities,  towns  and  villages  within  this  state, and to light the
streets, highways and public places thereof, and the public and  private
buildings therein; and to make, sell or lease all machines, instruments,
apparatus  and  other  equipments  therefor,  and  for  transmitting and
distributing electricity, to lay, erect and construct suitable wires  or
other  conductors, with the necessary poles, pipes or other fixtures in,
on, over and under the streets, avenues, public parks and places in such
cities, towns or villages, with the consent of the municipal authorities
thereof, and in such manner and under such  reasonable  regulations,  as
they may prescribe.
  3-a.  An  electric  corporation and a gas corporation shall have power
and authority to acquire such real estate as may be  necessary  for  its
corporate  purposes  and  the  right  of way through any property in the
manner prescribed by the eminent domain procedure law.
  3-b. The construction, use and maintenance by an electric  corporation
of  transmission,  distribution  and service lines and wires in, over or
under any street, highway or public place and the construction, use  and
maintenance  by  a  gas  corporation  of  transmission, distribution and
service pipes, conduits, ducts or other fixtures in, over or  under  any
trees,  highway  or  public place, as may be necessary for its corporate
purposes, are hereby declared to be public uses and purposes.
  Where any person or corporation other  than  the  state,  a  political
subdivision  thereof, or a municipality is the owner of any right, title
or interest in or to any street, highway or public place, or  in  or  to
the  land  on  which  the street, highway or public place is located, an
electric corporation or a  gas  corporation  is  hereby  authorized  and
empowered to acquire the right to construct, use and maintain such lines
or  wires and such pipes, conduits, ducts or other fixtures, in, over or
under such street, highway or public place, from such owner  or  owners,
by  petition in the manner prescribed by section four hundred two of the
eminent domain procedure law to the supreme court in the county in which
such street, highway or public place is situated. The corporation  shall
file  with  the  court  a  certificate  of the public service commission
certifying that the right sought to be acquired is necessary and in  the
public  interest and such certificate shall be conclusive evidence as to
the matters lawfully certified therein.
  After  a hearing on such petition and any answer thereto, if the court
shall find that such right to construct, use and maintain  is  necessary
for  the  corporate  purposes  of  the  corporation,  it shall enter its
judgment adjudging that such right is necessary for the public  use  and
that  the  corporation  is  entitled  to construct, use and maintain its
lines or wires or pipes, conduits, ducts or other fixtures in,  over  or
under such street, highway or public place and adjudging pursuant to the
eminent  domain  procedure  law  the  compensation  to  be  made  by the
corporation to the owner or owners.
  4. Any two or more domestic gas corporations,  electric  corporations,
gas and electric corporations, and any other domestic corporation formed
for  the  purpose  of  engaging  in  any  business in which domestic gas
corporations, electric corporations or gas and electric corporations may
engage, may merge or consolidate in accordance with  the  procedure  and
with  the  effect  set forth in article nine of the business corporation
law.
  5. A corporation mentioned in this article or incorporated under or by
any general or special law of this state for the  purpose  of  supplying
for  public use electricity for light, heat or power in cities, towns or
villages in this state, upon filing a certificate of amendment therefor,
to which is annexed the consent required  by  section  one  hundred  and
eleven of this chapter, shall have all the rights, privileges and powers
and be subject to all the restrictions of district steam corporations.
  6.  The  term  "municipal authorities" as used in subdivisions one and
three of this section, shall be deemed to be the local legislative  body
of  a  city,  the board of trustees of a village and the town board of a
town. All consents in writing for the doing of acts  mentioned  in  such
subdivisions   given  before  April  fourteenth,  nineteen  hundred  and
twenty-two,  in  writing  by   the   highway   commissioners   or   town
superintendent  of  highways  or  the  town  board  of  any  town to any
corporation organized under the provisions  of  this  article  shall  be
deemed  to be the consents of the municipal authorities required by this
section.
  7. Subdivisions three and three-a of this section shall not  apply  to
any merchant transmission company which:
  (a) commences and ends in the state of New York;
  (b)  through  its  employees, agents, representatives, or assigns, has
represented  in  testimony  that  the   construction   of   such   power
transmission  lines  will  increase  electric  rates  in any part of the
state; and
  (c) which applied for and did not receive an early  designation  as  a
national  interest  electric  transmission  corridor  under  an  act  of
congress commonly known as the Energy Policy Act of 2005.