PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

The Commission is considering a motion filed by Niagara Mohawk Power Corporation d/b/a National Grid for a waiver of certain provisions of Part 16 of the NYCRR regarding requirements for applications under PSL Article VII.

Waiver of 16 NYCRR sections 86.3(a)(2), (b)(2) and 88.4(a)(4).

To consider waiver of certain regulations related to the content of an application for transmission line siting.

The Public Service Commission (Commission) is considering a motion filed by Niagara Mohawk Corporation, d/b/a National Grid (Applicant), on November 6, 2023, seeking waiver of Commission regulations 16 NYCRR § 86.3(a)(2), 86.3(b)(2), and 88.4(a)(4), which pertain to mapping, photograph, and system studies requirements of applications filed pursuant to Public Service Law (PSL) Article VII.

Applicant also filed a PSL Article VII application with the Commission for a Certificate of Environmental Compatibility and Public Need authorizing it to reconstruct two of its existing 115-kV transmission lines – the Mortimer-Pannell Lines 24 and 25 -- as well as to reconstruct portions of other existing 115-kV lines – the Mortimer-Hook Road Line 1, the Mortimer-Elbridge Line 2, and the Mortimer-Quaker Line 23 (collectively the Project). The Project is in the Towns of Brighton, Henrietta, Pittsford, and Perinton, as well as in the Village of Pittsford, all in Monroe County, New York.

Specifically, 16 NYCRR § 86.3(a)(2) requires Applicant to submit New York State Department of Transportation (NYSDOT) topographic maps (scale 1:250,000) showing the relationship of the proposed Project to Applicant’s overall system with respect to certain information. Applicant requests Commission approval to alternatively provide topographical maps at the same scale that were prepared by the National Geospatial Program of the United States Geological Survey (USGS maps), inasmuch as it alleges that NYSDOT advised Applicant that NYSDOT maps of the Project area are not available.

16 NYCRR § 86.3(b)(2) requires Applicant to submit various aerial photographs of the project area that were taken within six months of the date its application is filed. Applicant requests waiver of the temporal requirement and proposes to submit aerial photographs and orthophotographs taken in Spring 2020 and May 2022. Applicant states that continued field reconnaissance during Project development has verified that these photographs and orthophotographs accurately reflect existing conditions.

Finally, 16 NYCRR § 88.4(a)(4) requires Applicant to submit system studies showing flows on the line under various conditions, including a copy of the system reliability impact study forwarded by the Transmission Planning Advisory Subcommittee. Applicant requests waiver of this requirement, alleging that because the change in system power flows and ratings attributed to the Project will be minimal it deemed a system impact study unnecessary. Applicant provided documentation establishing that the New York State Independent System Operator confirmed Applicant’s determination.

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.

John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]

Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]

60 days after publication of this notice.