Sec. 102.2. Applicability

(a)

(1) After the effective date of this Part, any utility proposing to construct overhead transmission facilities as defined in this Part which are not subject to article VII of the Public Service Law shall promptly report the proposed construction to the commission, but in no event less than 60 days prior to the proposed commencement of construction. The report shall include a description of the proposed transmission facility, and a map of the areas as categorized in section 102.3 of this Part. With respect to such transmission lines that are intended to be built overhead through priority areas specified in section 102.3(a) of this Part, the report shall also include the information required by section 102.4 of this Part. In cases where construction of the proposed transmission facility has been approved by a governmental agency having jurisdiction the report shall indicate such approval and the basis thereof.

(2) No report is required under this subdivision for upgrading or rebuilding transmission facilities on existing right-of-way provided that all of the following conditions are met:

(i) no additional rights-of-way are required;

(ii) there is no increase in the number of structures on the right-of-way;

(iii) the resulting structures do not carry more than two circuits;

(iv) no substantial modification will be made to existing vegetative cover on the right- of-way; and

(v) the height of a new tower does not exceed the height of a replaced tower by more than 10 feet.

(b) The commission after reviewing the utility's report or after appeal by an interested party may order a formal investigation if the commission finds that overhead construction of the proposed transmission facilities may not be in the public interest or may not be required for the performance of the utility's public service responsibilities with economy, efficiency and care for the public safety, the preservation of environmental values, and the conservation of natural resources. In the absence of a response from the commission within the 60-day notice period, the utility may deem itself free to proceed with the construction.

(c) The commission shall, if it conducts a formal investigation, advise the utility promptly whether the proposed transmission facility may be placed overhead or whether all or a portion of the proposed construction should be placed underground together with its reasons for requiring underground construction.