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16 CRR-NY 85-2.9NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 16. DEPARTMENT OF PUBLIC SERVICE

CHAPTER I. RULES OF PROCEDURE

SUBCHAPTER G. CERTIFICATES OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED

PART 85. GENERAL PROCEDURES

SUBPART 85-2. PROCEDURES WITH RESPECT TO ALL ELECTRIC TRANSMISSION LINES AND FUEL GAS TRANSMISSION LINES 10 OR MORE MILES LONG

16 CRR-NY 85-2.9

85-2.9 Filing and content of applications for electric transmission facilities in national interest electric transmission corridors.

An application seeking approval of an electric transmission facility in a national interest electric transmission corridor as designated by the Secretary of the U.S. Department of Energy pursuant to section 216 of the Federal Power Act (16 U.S.C. section 824p) is considered filed on a date set forth in a letter to the applicant from the secretary, namely, the date of receipt of the application and any supplemental information necessary to bring it into compliance with all the following requirements, except any such requirements where the commission has granted permission to submit unavailable information at a future specified date pursuant to section 85-2.3(c) of this Subpart or which the commission has waived pursuant to section 85-3.3 of this Title:

(a) section 122 of the Public Service Law;

(b) sections 85-2.2 and 85-2.8 of this Subpart;

(c) Part 86 of this Subchapter, except that an application for the overhead portion of a transmission facility need not contain the information required by:

(1) section 86.3(a)(1)(i) of this Title, so long as recent edition topographic maps (at a scale of 1:24,000) for an area of at least five miles on either side of the proposed centerline are included in Exhibit 2 of this application;

(2) section 86.3(a)(1)(iii) of this Title, as long as Exhibit 2 maps show any known geologic, historic or scenic area, park, or untouched wilderness within three miles on either side of the proposed centerline;

(3) section 86.3(a)(2)(i)-(iv) of this Title, so long as Exhibit 2 maps show the relationship of the proposed facility to interconnected electric systems;

(4) section 86.3(b) of this Title, so long as all Exhibit 2 aerial photographs reflect the current situation and specify the source and date of the photography; and

(5) section 86.4(b) of this Title, so long as recent edition topographic maps (at a scale of 1:24,000) are included in Exhibit 3 of the application and indicate any alternative route considered;

(d) Part 86 of this Subchapter, except that an application for the underground portion of a transmission facility need not contain the information required by:

(1) section 86.3(a)(1)(i) of this Title, so long as recent edition topographic maps (at a scale of 1:24,000) for an area of at least one mile on either side of the proposed centerline area included in Exhibit 2 of this application;

(2) section 86.3(a)(1)(iii) of this Title, so long as Exhibit 2 maps show any known geologic, historic or scenic area, park, or untouched wilderness within one mile on either side of the proposed centerline;

(3) section 86.3(a)(2)(i)-(iv) of this Title, so long as Exhibit 2 maps show the relationship of the proposed facility to interconnected electric systems;

(4) section 86.3(b)(2) of this Title, so long as all Exhibit 2 aerial photographs reflect the current situation and specify the source and date of the photography; and

(5) section 86.4(b) of this Title, so long as recent edition topographic maps (at a scale of 1:24,000) are included in Exhibit 3 of the application and indicate any alternative route considered;

(e) Part 86 of this Subchapter, except that an application for the submarine portion of a transmission facility need not contain the information required by:

(1) section 86.3(a)(1)(i) of this Title, so long as recent edition nautical charts (published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration) depicting the location of the proposed facility are included in Exhibit 2 of this application;

(2) section 86.3(a)(1)(iii) of this Title, so long as Exhibit 2 nautical charts show any known historic resource within one mile on either side of the proposed centerline;

(3) section 86.3(a)(2)(i)-(iv) of this Title, so long as Exhibit 2 maps show the relationship of the proposed facility to interconnected electric systems;

(4) section 86.3(b)(2) of this Title; and

(5) section 86.4(b) of this Title, so long as recent edition nautical charts are included in Exhibit 3 of the application and indicate any alternative route considered;

(f) Part 86 of this Subchapter, except that an application containing a certified statement that the transmission facility discussed therein will not be proposed for inclusion in utility rate base (either directly or indirectly through a contractual arrangement with a regulated utility) need not contain the information required by section 86.10 of this Title; provided, however, that if a regulated rate is sought after the filing of the application, the applicant shall provide the information required by that section; and provided further that, if an applicant raises the issue of the cost of a particular alternative as a disadvantage, it shall provide sufficient cost information to enable a comparison to be made between the proposed facility and such alternative; and

(g) Part 88 of this Subchapter.

16 CRR-NY 85-2.9

Current through February 28, 2023

End of Document