PSC Regulation 16 NYCRR 86.3(a)(1), (2) and 88.4(a)(4)

NY-ADR

11/13/19 N.Y. St. Reg. PSC-46-19-00007-P
NEW YORK STATE REGISTER
VOLUME XLI, ISSUE 46
November 13, 2019
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. PSC-46-19-00007-P
PSC Regulation 16 NYCRR 86.3(a)(1), (2) and 88.4(a)(4)
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 New York Transco, 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 regulation 16 NYCRR 86.3(a)(1), (2) and 88.4(a)(4).
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 New York Transco, LLC (the Applicant) for a waiver of certain requirements regarding the content of an application for authority to construct and operate an electric transmission line pursuant to Public Service Law Article VII. The Applicant proposes to construct and operate a new double-circuit 54.5 mile, 345 kilovolt (kV) electric transmission line and related facilities located in the Town of Schodack, Rensselaer County, the Towns of Stuyvesant, Stockport, Ghent, Claverack, Livingston, Gallatin and Clermont in Columbia County, and the Towns of Milan, Clinton, and Pleasant Valley in Dutchess County.
As part of the Article VII process, the Applicant has moved for a waiver of Commission regulation 16 NYCRR § 86.3(a)(1)(ii), which requires New York State Department of Transportation (DOT) topographic maps (1:24,000 topographic edition) to show where the construction or reconstruction of the proposed facility would necessitate permanent clearing or other changes to the topography, vegetation or man-made structures. The Applicant states that due to the size of the 1:24,000 maps, it would be impractical to show the required information, and seeks approval to provide that information as part of the aerial imagery required by 16 NYCRR § 86.3(b)(1).
The Applicant also moves for waiver of § 86.3(a)(2)(i) and (iii) which require the use of DOT maps at a scale of 1:250,000 and that such mapping show the “relationship of the proposed facility to the applicant’s overall system with respect to: (i) the location, length and capacity of the proposed facility, and of any existing facility related to the proposed facility” and “(iii) the location and designation of each point of connection between an existing and proposed facility.” The Applicant states that DOT mapping at 1:250,000 scale is not available for the area of the proposed facility and seeks approval to submit the use of USGS topographic maps that provide the information at the same scale as that specified in the regulation.
The Applicant also seeks waiver of 16 NYCRR § 86(a)(2)(ii) and (iv) which require 1:250,000 scale DOT maps to demonstrate the relationship of the proposed facility to “(ii) the location and function of any structure to be built on, or adjacent to, the right of way,” and “(iv) nearby crossing or connecting rights-of-way or facilities of other utilities.” The Applicant states that due to the size of the 1:250,000 scale maps, it is impractical to depict the information required by 16 NYCRR § 86(a)(2)(ii) and (iv) on those maps and seeks approval to provide that information as part of the aerial imagery required by 16 NYCRR § 86.3(b)(1).
The Applicant also moves for waiver of 16 NYCRR § 88.4(a)(4), which requires appropriate system studies, including the system reliability impact study (SRIS) forwarded by the Transmission Planning Advisory Subcommittee (TPAS) for approval by the NYISO’s Operating Committee (OC). Because the NYISO instead required a System Impact Study (SIS) for the proposed facility, the Applicant seeks waiver of the requirement to provide a SRIS stating that the SIS is functionally identical to an SRIS.
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, Acting 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.
(19-T-0684SP1)
End of Document