Request for Waiver of 16 NYCRR 86.3(a)(1), (a)(2) and (b)(1)(iii), and 86.4(b)
NY-ADR
10/26/11 N.Y. St. Reg. PSC-43-11-00010-P
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 43
October 26, 2011
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-43-11-00010-P
Request for Waiver of 16 NYCRR 86.3(a)(1), (a)(2) and (b)(1)(iii), and 86.4(b)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Public Service Commission is considering the waiver of certain provisions of 16 NYCRR regarding Rochester Gas and Electric Corporation's application pursuant to PSL Article VII for a Certificate of Environmental Compatibility and Public Need.
Statutory authority:
Public Service Law, sections 4, 122(1), and art. VII
Subject:
Request for waiver of 16 NYCRR 86.3(a)(1), (a)(2) and (b)(1)(iii), and 86.4(b).
Purpose:
To consider a requested waiver of 16 NYCRR 86.3(a)(1), (a)(2) and (b)(1)(iii), and 86.4(b).
Substance of proposed rule:
The Public Service Commission (PSC) is considering a motion by Rochester Gas and Electric Corporation (RG&E) for waivers of PSC filing requirements. The waiver motion was included in RG&E’s application, filed pursuant to Public Service Law Article VII, for a Certificate of Environmental Compatibility and Public Need to construct 1.9 miles of new 345 kV transmission line, 23.6 miles of new or rebuilt 115 kV transmission line, a new substation, and equipment upgrades at several existing substations in Monroe and Niagara Counties. RG&E requests a waiver of the requirements of 16 NYCRR 86.3(a)(1), (a)(2), (b)(1)(iii), and 86.4(b). These provisions require, in relevant part, the submission of detailed maps, drawings and explanations of the right-of-way for each proposed facility, using Department of Transportation (DOT) maps at specified scales, showing at least five miles on either side of the proposed facility location; where permanent clearing or other changes to the topography, vegetation or man-made structures would be required; any known archaeological, geologic, historical or scenic areas within three miles of the right-of-way; and the relationship of the proposed facility to the applicant’s overall system in several respects; aerial photographs showing the location of access and maintenance routes; and DOT maps indicating any alternative route considered. RG&E also requests that the application of 16 NYCRR 86.3(a)(1)(ii) be modified to allow it to provide 1:6,000 scale aerial photographs showing where permanent clearing or other changes to the topography, vegetation or man-made structures would be required.
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.
(11-T-0534SP1)
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