Waiver of 16 NYCRR 86.3(a)(1) and (2), 86.3(b)(2), 86.6(b) and (c), and 88.4(a)
NY-ADR
3/4/09 N.Y. St. Reg. PSC-09-09-00020-P
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 9
March 04, 2009
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-09-09-00020-P
Waiver of 16 NYCRR 86.3(a)(1) and (2), 86.3(b)(2), 86.6(b) and (c), and 88.4(a)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The PSC is considering a waiver of certain provisions of 16 NYCRR regarding Upstate New York Power Corporation's application pursuant to PSL Article VII for a Certificate of Environmental Compatibility and Public Need.
Statutory authority:
Public Service Law, art. VII
Subject:
Waiver of 16 NYCRR 86.3(a)(1) and (2), 86.3(b)(2), 86.6(b) and (c), and 88.4(a).
Purpose:
Waiver of 16 NYCRR 86.3(a)(1) and (2), 86.3(b)(2), 86.6(b) and (c), and 88.4(a).
Substance of proposed rule:
In a motion accompanying an application filed January 13, 2009 (Case No. 09-T-0049), Upstate NY Power Corp. (UNYPC) seeks a waiver of certain application requirements. UNYPC seeks a Certificate of Environmental Compatibility and Public Need, pursuant to Public Service Law (PSL) Article 7, authorizing the construction and operation of an electric transmission facility between Galloo Island in the Town of Hounsfield, Jefferson County, New York, to the Fitzpatrick-Edic Substation in the Town of Mexico, Oswego County, New York. In its PSL Article 7, UNYPC specifically requests waiver of the following otherwise applicable provisions of 16 NYCRR:
(1) Section 86.3(a)(1) and 86.3(a)(2), NYSDOT Maps for Submarine Portion of Transmission Line;
(2) Section 86.3(a)(2), NYSDOT Maps at 1:250,000 Scale
(3) Section 86.3(a)(2)(iv), Nearby, Crossing or Connecting Rights-of-Way or Facilities of Other Utilities on NYSDOT Maps at 1:250,000 Scale;
(4) Section 86.3(b)(2), Aerial Photographs;
(5) Section 86.6(b) and (c), Design Drawings.
(6) Section 88.4(a)(4), Permission to file System Reliability Impact Study (SRIS) as forwarded by the New York Independent System Operator's Transmission Planning Advisory Subcommittee (TPAS) for approval by the Operating Committee.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(09-T-0049SA1)
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