PSC Regulations 16 NYCRR Sections 86.3(a)(1), (2) and 86.4(b)

NY-ADR

2/17/21 N.Y. St. Reg. PSC-07-21-00009-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 7
February 17, 2021
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. PSC-07-21-00009-P
PSC Regulations 16 NYCRR Sections 86.3(a)(1), (2) 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 Commission is considering a motion filed by Alle-Catt Wind Energy LLC for waiver of certain provisions of 16 NYCRR regarding requirements for applications under PSL Article VII for Certificates of Environmental Compatibility and Public Need.
Statutory authority:
Public Service Law, sections 4 and 122
Subject:
PSC regulations 16 NYCRR sections 86.3(a)(1), (2) and 86.4(b).
Purpose:
To consider a waiver of certain regulations relating to the content of an application for transmission line siting.
Substance of proposed rule:
The Public Service Commission is considering a motion filed by Alle-Catt Wind Energy LLC (Alle-Catt), on January 19, 2021, for a waiver of certain requirements for the content of an application for authority to construct and operate an electric transmission line and associated equipment (Transmission Facility) pursuant to Public Service Law Article VII.
The Transmission Facility consists of a new overhead 345 kV electric transmission line and associated equipment located in the towns of Freedom and Yorkshire in Cattaraugus County. The Transmission Facility will interconnect the Alle-Catt Wind Farm to a new 345 kV switchyard built adjacent to National Grid’s 345 kV line between its Stolle Road and Five Mile Road Substations in the Town of Yorkshire. On June 3, 2020, the New York State Board on Electric Generation Siting and the Environment granted Alle-Catt a Certificate of Environmental Compatibility and Public Need in Case 17-F-0282 authorizing construction of the Alle-Catt Wind Farm.
As part of the Article VII application process, Alle-Catt has moved for a waiver of Commission regulation 16 NYCRR § 86.3(a)(1), which requires that an Article VII application include New York State Department of Transportation (DOT) topographic maps showing the proposed right of way (with control points indicated) covering an area of land at least five miles on either side of the proposed facility location and any known archaeological, geologic, historical or scenic area, part, or untouched wilderness on or within three miles of the right-of-way. Alle-Catt proposes to use the most recent topographic maps prepared by the National Geospatial Program of the U.S. Geological Survey (USGS Maps) to provide the depictions required by this rule. Alle-Catt further seeks waiver of the provision in 16 NYCRR § 86.3(a)(2) that requires the use of New York State DOT maps showing the relationship of the proposed facility to the applicant’s overall system with respect to: (i) any existing facility related to the proposed facility; (ii) any structure to be built on or adjacent to the right of way; (iii) each point of interconnection; and (iv) nearby, crossing or connecting rights of way or facilities of other utilities (16 NYCRR § 86.3[a][2]). Alle-Catt proposes the use of USGS Maps to depict the relationship of the proposed facilities to interconnected electrical systems. Alle-Catt asserts that USGS Maps are sufficient to show the relationship of the Project facilities to interconnected electrical systems and are consistent with the requirements set forth in the Commission’s regulations at 16 NYCRR § 85-2.9(d) and (e). Lastly, Alle-Catt seeks a waiver of the provision of 16 NYCRR § 86.4(b) that requires the use of New York State DOT maps showing the location of any alternative route considered. Alle-Catt proposes to use USGS Maps to display the alternative routes. Alle-Catt asserts that the USGS Maps will provide the requested information, are consistent with the maps used elsewhere in its application to depict the preferred route and are consistent with the Commission’s requirements set forth in 16 NYCRR §§ 85-2.9(d) and 85-2.9(e).
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.
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.ny.gov/f96dir.htm. For questions, contact:
John Pitucci, 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:
Michelle L. Phillips, 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:
60 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.
(21-T-0059SP1)
End of Document