PSC-19-11-00004-P Waiver of 16 NYCRR 88.4(a)(4), 86.3(a)(1)(iii), 86.3(b)(2), and 85.3(a)(1)

5/11/11 N.Y. St. Reg. PSC-19-11-00004-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 19

May 11, 2011

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-19-11-00004-P

Waiver of 16 NYCRR 88.4(a)(4), 86.3(a)(1)(iii), 86.3(b)(2), and 85.3(a)(1)

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

Proposed Action:

The Public Service Commission is considering a waiver of certain provisions of 16 NYCRR regarding Long Island Power Authority's application pursuant to PSL Article VII for a Certificate of Environmental Compatibility and Public Need.

Statutory authority:

Public Service Law, art. 7

Subject:

Waiver of 16 NYCRR 88.4(a)(4), 86.3(a)(1)(iii), 86.3(b)(2), and 85.3(a)(1).

Purpose:

Waiver of 16 NYCRR 88.4(a)(4), 86.3(a)(1)(iii), 86.3(b)(2), and 85.3(a)(1).

Substance of proposed rule:

In a letter dated March 28, 2011, (Case No. 11-T-0116), Long Island Power Authority (LIPA) seeks a waiver of certain application requirements. LIPA seeks a Certificate of Environmental Compatibility and Public Need, pursuant to Public Service Law (PSL) Article 7, to increase the design capacity of the existing 10.6 mile Wildwood to Riverhead Electric Transmission Line from 69 kV to 138 kV.

LIPA specifically requests waiver of the following otherwise applicable provisions of 16 NYCRR:

(1) Section 88.4(a)(4), provide the System Reliability Impact Study (SRIS) as forwarded by the New York Independent System Operator's Transmission Planning Advisory Subcommittee (TPAS) for approval by the Operating Committee.

(2) Section 86.3(a)(1)(iii), provide maps showing archeological, geological, historical, or scenic areas within three miles of the right-of-way.

(3) Section 86.3(b)(2), provide aerial photographs taken within six months of the date of filing.

(4) Section 85.3(a)(1), provide maps showing the proposed right-of-way covering an area of at least five miles on either side of the proposed facility location.

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.state.ny.us/f96dir.htm. For questions, contact:

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

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, 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.

(11-T-0116SP1)