PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

The Commission is considering NextEra Energy Transmission New York, Inc.'s motion for waiver of certain provisions of 16 NYCRR regarding requirements for applications under PSL Article VII for Certificates of Environmental Compatibility and Public Need.

PSC regulation 16 NYCRR Section 86.3(a)(1) and (b)(2).

To consider a waiver of certain regulations relating to the content of an application for transmission line siting.

The Public Service Commission is considering a motion filed by NextEra Energy Transmission New York, Inc. (NextEra), on August 10, 2018, for a waiver of certain requirements for the content of an application for authority to construct and operate an electric transmission line pursuant to Public Service Law Article VII. NextEra proposes to construct, operate, and maintain the Empire State Line Project (ESL Project). The ESL Project includes an approximately 20-mile 345-kilovolt (kV) transmission line in the town of Royalton in Niagara County and the towns of Alden, Newstead, Lancaster, and Elma in Erie County. The ESL Project also includes the new Dysinger Switchyard in Niagara County and the new East Stolle Switchyard in Erie County. The proposed transmission line will connect the Dysinger and East Stolle Switchyards. The transmission line structures will consist primarily of steel monopoles. The new Dysinger Switchyard will be connected to the New York Power Authority 345 kV Niagara lines and New York State Electric and Gas (NYSEG) 345 kV Somerset lines. It will become the new 345 kV hub in Western New York. The new East Stolle Switchyard will be connected to the NYSEG Stolle Road Substation and NYSEG 345 kV Stolle Road to Homer City transmission line. As part of the application process, NextEra has moved for a waiver of Commission regulation 16 NYCRR § 86.3(a)(1), which requires that an Article VII application include certain New York State Department of Transportation (DOT) topographic maps. Stating that the requisite DOT maps are not available for the ESL Project, NextEra seeks approval to provide, as an alternative, United States Geological Survey topographic edition maps that it states will supply the statutorily-required information. NextEra also moves for a waiver 16 NYCRR § 86.3(b)(2), which requires that an Article VII application include aerial photographs taken within six months of the date of filing an Article VII application. NextEra seeks approval to instead provide photographs taken in March 2017, saying that such photographs reflect current conditions along the proposed right-of-way, are the most recent, available photographs for the ESL Project area, and enable identification of all natural and cultural features. The full text of the motion, the Certificate application, and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters.

John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]

Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]

60 days after publication of this notice.