PSC-45-13-00022-P Waiver of PSC Regulations, 16 NYCRR Section 88.4(a)(4)

11/6/13 N.Y. St. Reg. PSC-45-13-00022-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 45

November 06, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-45-13-00022-P

Waiver of PSC Regulations, 16 NYCRR Section 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 PSC is considering a waiver of certain provisions of 16 NYCRR regarding requirements for applications under PSC Article VII requested in a motion by applicants, North America Transmission, LLC and North America Transmission Corporation.

Statutory authority:

Public Service Law, sections 4 and 122

Subject:

Waiver of PSC regulations, 16 NYCRR section 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 by North America Transmission, LLC and North America Transmission Corporation (collectively, “NAT”) for waiver of certain requirements for the content of an application to construct and operate electric transmission lines pursuant to a Certificate of Environmental Compatibility and Public Need under Public Service Law Article VII. NAT proposes to construct 345 kV transmission lines from the Edic substation in the Town of Marcy, New York, to the Fraser substation in the Town of Delhi, New York, and from the New Scotland substation in the Town of New Scotland, New York, to the Leeds substation in the Town of Athens, New York, and then to the Pleasant Valley substation in the Town of Pleasant Valley, New York. For purposes of the proceeding in which this application was submitted, the Commission established a two-part application process with initial, abbreviated applications (Part A) due October 1, 2013, and full applications (Part B) due at a later date to be determined. The Commission also defined the Part A filing requirements. NAT made a Part A filing on October 1, 2013, and seeks waiver of the requirement to file a map overlay showing zoning for all municipalities that its proposed project routes traverse. NAT also requests a waiver of the filing of System Reliability Impact Study (SRIS) information called for by 16 NYCRR § 88.4(a)(4), if the Commission intended to require that information for Part A, or if the Commission required only notice that the SRIS was underway, a waiver of that requirement with respect to the New Scotland-Leeds-Pleasant Valley line only. The Commission may grant, deny, or modify the relief requested or provide an alternate resolution proposed in responses to the motion or otherwise related to the motion.

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:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Public comment will be received until:

45 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.

(13-T-0454SP1)