Deepwater specifically seeks waiver of 16 NYCRR § 86.3(a)(1), 86.3(a)(2) and 86.3(b)(2), relating to the filing of certain maps and aerial photographs. 16 NYCRR § 86.3(a)(1) requires the use of New York State Department of Transportation (NYSDOT) topographic maps at a scale of 1:24,000 to show an area covering five miles on either side of the proposed Facility. Deepwater requests authorization to use United States Geological Survey (USGS) maps at a 1:69,500 scale. Deepwater indicates that 1:24,000 scale NYSDOT maps are not available for the project area and that important Facility components are not easily discernable at a scale of 1:24,000. In addition to the 1:69,500 scale USGS maps, Deepwater proposes to include USGS maps at a 1:10,000 scale and National Oceanic and Atmospheric Administration (NOAA) maps at a 1:90,000 scale in order to depict the Facility components and the information required by 16 NYCRR § 86.3(a)(1).

§ 86.3(a)(2) of 16 NYCRR requires the use of NYSDOT maps at a 1:250,000 scale to show the relationship of the proposed facility to the overall bulk electric system. Deepwater indicates that NYSDOT maps at a 1:250,000 scale are not available and important Facility components are not easily discernable at this scale. Deepwater requests authorization to submit United States Department of Agriculture (USDA) National Agriculture (NAIP)(1-meter imagery) maps at 1:40,000 scale to depict the information required by 16 NYCRR § 86.3(a)(2).

Deepwater further requests waiver of the requirement to show crossing or connecting rights-of-way or facilities of other utilities as required by 16 NYCRR § 86.3(a)(2)(iv). Deepwater proposes to include in its application all utilities nearby, crossing or connecting to the Facility which it delineates during fieldwork or identifies from aerial imagery and to detail all other known utilities that would be nearby to the Facility a Project Environmental Management and Construction Plan.

§ 86.3(b)(2) of 16 NYCRR requires aerial photographs taken within 6 months of an application filing date. Deepwater indicates that such photography is not readily available for the project area and proposes to use USDA NAIP maps from August 2017, which it indicates are the most recent aerial imagery available, as an alternative.

The full text of the motion 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.

(18-T-0604SP1)