N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-3.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 85-3.3 - Content of application

An applicant seeking a certificate under this section shall comply with the requirements of Parts 85, 86, and 88 of this Title, except for the following:

(a) Maps submitted pursuant to section 86.3 in Exhibit 2 of this Title shall be recent edition topographic maps (at a scale of 1:24,000) for an area of at least three miles on either side of the proposed centerline. Maps must distinguish existing right-of-way (as of date of filing) from any new right-of-way required to construct and operate the facility. The exhibit shall include a statement explaining what new right-of-way would be used and why such new right-of-way is necessary for the construction or operation of the facility.

(b) Applications subject to section 85-3.2(a) or (c) of this Subpart that propose to rebuild, replace, or upgrade existing transmission facilities in existing rights-of-way or proposed new facilities to be built in existing, expanded and/or new rights-of-way that will not result in any significant adverse environmental impacts shall be exempt from the following requirements:

(1) Section 86.5(a) and (b) of this Title, except that the applicant shall submit a statement describing the environmental impact of the proposed facility on the environment, including the following:

(i) a detailed description of the environmental conditions at the site and the current uses of the site and any facilities or structures located thereon;

(ii) a summary of any studies which have been performed of the environmental impact of the project and copies of such studies;

(iii) a description of the planned construction work and identification of the potential environmental impacts associated with construction and operation of the facility, including potential impacts to wildlife and their habitat and agricultural uses on and adjacent to the right-of-way or site;

(iv) a draft plan or plans demonstrating the construction practices the applicant would utilize in order to minimize or avoid significant adverse environmental impacts to the right-of-way and adjacent areas;

(v) a draft plan for the clean-up and restoration of the site following construction; and

(vi) a vegetation management plan or plans.

(2) Section 86.5(a) and (b) of this Title, except that the applicant shall submit a statement describing the environmental impact of the proposed facility on the environment, including the following:

(i) a detailed description of the environmental conditions at the site and the current uses of the site and any facilities or structures located thereon;

(ii) a summary of any studies which have been performed of the environmental impact of the project and copies of such studies;

(iii) a description of the planned construction work and identification of the potential environmental impacts associated with construction and operation of the facility, including potential impacts to wildlife and their habitat and agricultural uses on and adjacent to the right-of-way or site;

(iv) a draft plan or plans demonstrating the construction practices the applicant would utilize in order to minimize or avoid significant adverse environmental impacts to the right-of-way and adjacent areas;

(v) a draft plan for the clean-up and restoration of the site following construction; and

(vi) a vegetation management plan or plans.

(3) Section 88.5 of this Title, unless the applicant expects the effect of the proposed project on communications to be different from the effect produced by the existing facilities.

(4) Section 88.6 of this Title, unless the applicant expects the future operation of the facility would have an effect on transportation systems that would be different from the effect of the existing facilities.

(c) Applications subject to this Subpart shall be exempt from the requirement of section 88.4(a)(4) of this Title to provide a New York independent system operator study if no such study is required for the proposed project.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-3.3

Adopted New York State Register May 5, 2021/Volume XLIII, Issue 18, eff. 4/16/2021