Canisteo Wind also has proposed to construct, operate, and maintain a 122-turbine wind energy facility in the Towns of Cameron, Canisteo, Greenwood, Jasper, Troupsburg, and West Union in Steuben County, New York. An application for a Certificate of Environmental Compatibility and Public Need pursuant to PSL Article 10 authorizing the wind energy facility is pending before the Board on Electric Generation Siting and the Environment, Case 16-F-0205.

Canisteo Wind seeks a waiver and modification of the Commission’s regulations relating to the filing of New York State Department of Transportation (NYSDOT) maps as part of the application for the transmission facility filed under PSL Article VII, specifically, waivers of 16 NYCRR § 86.3(a)(1), 86.3(a)(2) and 86.4(b).

These regulations (16 NYCRR § 86.3[a][l][i] and [iii]) require the use of New York State Department of Transportation (NYSDOT) topographic maps at a scale of 1:24,000 to show the proposed right of way (with control points indicated), covering an area of at least five miles on either side of the proposed facility location and any known archaeological, geologic, historical or scenic area, park, or untouched wilderness on or within three miles of the right-of-way. Canisteo Wind requests that the Commission waive the requirement to submit NYSDOT maps and authorize the use of the most recent topographic maps prepared by the National Geospatial Program of the United States Geological Survey (USGS maps) in order to provide the depictions required by this rule. Canisteo Wind does not propose to change the scale of the maps required under the regulations (1:24,000 topographic edition) and does not request waiver of any other requirement in 16 NYCRR § 86.3(a)(l)(i) and (iii).

These regulations (16 NYCRR § 86.3[a][2]) also require submission of NYSDOT 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 at a 1:250,000 scale to show the relationship of the proposed facility to the overall bulk electric system. Canisteo Wind requests a waiver of this requirement and authorization to submit recent editions of USGS maps to depict the information required by 16 NYCRR § 86.3(a)(2). Canisteo Wind does not propose to change the scale of the maps required under the regulations (scale 1:250,000) and does not request waiver of any other requirement in this section of the regulations. Canisteo Wind asserts that the USGS maps are sufficient to show the relationship of the transmission and wind facilities to interconnected electrical systems and therefore are consistent with the requirements set forth in 16 NYCRR § 85-2.9(d) and (e).

The regulations further require submission of NYSDOT maps to show the location of any alternative route considered for the transmission facility. 16 NYCRR § 86.4(b). Canisteo Wind requests that the Commission waive the requirement to submit NYSDOT maps and proposes instead to submit recent editions of USGS maps to display the alternative routes considered. Canisteo Wind asserts that the USGS maps will provide the requested information and are consistent with the Commission's application requirements set forth in 16 NYCRR § 85-2.9(d) and (e).

The full text of the motion, the 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.

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.

(19-T-0041SP1)