PSC-26-12-00016-P Request for Waiver of 16 NYCRR Sections 86.3(a)(1), (2), (b)(2)(iii), 86.4(b) and 88.4(a)(4)

6/27/12 N.Y. St. Reg. PSC-26-12-00016-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 26

June 27, 2012

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-26-12-00016-P

Request for Waiver of 16 NYCRR Sections 86.3(a)(1), (2), (b)(2)(iii), 86.4(b) and 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 Public Service Commission is considering the waiver of certain provisions of 16 NYCRR regarding New York State Electric & Gas Corporation's application pursuant to PSL Article VII for a Certificate of Environmental Compatibility and Public Need.

Statutory authority:

Public Service Law, sections 4, 122(1) and art. VII

Subject:

Request for waiver of 16 NYCRR sections 86.3(a)(1), (2), (b)(2)(iii), 86.4(b) and 88.4(a)(4).

Purpose:

To consider a requested waiver of 16 NYCRR sections 86.3(a)(1), (2), (b)(2)(iii), 86.4(b) and 88.4(a)(4).

Substance of proposed rule:

The Public Service Commission (PSC) is considering whether to grant, deny or modify, in whole or part, a motion by New York State Electric & Gas Corporation (NYSEG) for waivers of PSC filing requirements. The waiver motion was included in NYSEG’s application, filed pursuant to Public Service Law Article VII, for a Certificate of Environmental Compatibility and Public Need to construct and operate 11.1 miles of new 115-kV transmission line in the town of Ghent, and to modify an existing substation in the town of Chatham, all in Columbia County. These facilities are referred to collective as the Columbia County Transmission Project.

NYSEG requests a waiver of the requirements of 16 NYCRR 86.3(a)(1), (a)(2), (b)(1)(iii), and 86.4(b). These provisions require, in relevant part, the submission of detailed maps, drawings and explanations of the right-of-way for each proposed facility, using Department of Transportation (DOT) maps at specified scales, showing at least five miles on either side of the proposed facility location; where permanent clearing or other changes to the topography, vegetation or man-made structures would be required; any known archaeological, geologic, historical or scenic areas within three miles of the right-of-way; and the relationship of the proposed facility to the applicant's overall system in several respects; aerial photographs showing the location of access and maintenance routes; and DOT maps indicating any alternative route considered. NYSEG also requests that the application of 16 NYCRR 88(a)(4), requiring the filing of a System Impact Study (SIS) be waived. NYSEG asserts, following consultation with New York Independent System Operator and National Grid that an SIS is not necessary for the Columbia County Transmission Project, due to the minimal impacts on system interfaces. This motion is being considered in Case 11-T-0534.

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.

(12-T-0248SP1)