Xcel Energy, Inc.'s Petition for Exemption Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012

Applicant: Xcel Energy, Inc. Attn: Gregory Bennett 1123 West 3rd Avenue Denver, CO 80223 Phone: 303.571.3674 Email: gregory.bennett@xcelenergy.com Attorneys ofApplicant: Jones Day Attn: RebeccaMacPherson 51 Louisiana Avenue NW Washington, DC 20001-2113 Phone: 202.879.4645 Email: Rmacpherson@jonesday.comI. 

### SUMMARY OF PETITION Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 ("Section 333"),Xcel Energy, Inc. hereby respectfully requests expedited approval to use Small Unmanned Aircraft Systems ("sUAS") under the terms and conditions described in this Petition for Exemption ("Petition") to conductinspections ofenergy infrastructure. Xcel Energy also requests the exemptions that are necessary to such approval pursuantto 49 U.S.C. §44701(£), and 14 C.F.R. § 11.81. 1As amatterofclarification, Xcel Energy is notrequesting exemptions from§§ 21, 27, 45.24, 91.9(b)(2) and 91.203(b) because, based on previous FAAexemptions, Xcel Energybelievesthe FAA has determined these regulatory provisions do not apply to sUAS operations at this time.2 In addition, Xcel Energybelieves that no reliefis needed from § § 91.7, 91.103,91.119 and 91.1501 because it can comply withthe regulations as drafted. 3 (Note: A summary ofXcelEnergy's petition suitable for publication in the Federal Register is provided in Appendix B.) Xcel Energy, whose principal subsidiaries are operating companiesNorthern States Power Company Minnesota (NSPM),Northern States Power Company- Wisconsin (NSPW), Public Service Company ofColorado (PSCO), SouthwesternPublic Service Company (SPS), and service companyXcel Energy Services, Inc., initially seeks to conduct feasibility studies/pilot projects to

1 As described in Appendix A to this Petition, Xcel Energy requests an exemption from the following regulations: 14 C.F.R. §§ 61.113 (a) and (b); 61.133(a); 91.109; 91.121; 91.151(a); ;91.405(a); 91.407(a)(l); 91.409 (a)(2); and 91.417 (a) and (b). 2 Xcel Energy notes that the FAA has previously held that reliefis not required from § 91.109 ifthe sUAS, and its related training program, does not utilize dual controls (see Exemption No. II062). To the extentthe FAA continuesto believethis is a properreading of§ I03, Xcel Energy suggests §91.103 is not applicable to this exemption request. 3 Xcel Energy notes thatthe FAA appears to require an exemption from § 91.119(c) even when the sUAS appears to qualify as a helicopter, as defined in § 1.1, under the provisions of§ 91.119(d). To the extentthe FAA finds that § 119(c) applies to Xcel Energy's contemplated operations using a rotorcraft sUAS, Xcel Energyrequests an exemption from this provision.assess the applicability, practicability and potential for implementing sUAS for tasks including visual inspections ofvital energy infrastructure such as electric transmission and distribution lines, powerplants (including renewable energy facilities), substations, natural gas transmission and distributionpipelines, compressor stations, storage facilities and valves in orderto further the public interest in the safe and reliable delivery ofelectricity and natural gas to customers. The specific locations on Xcel Energy's system targeted for the pilot projects are identified in Appendix C to this petition. Confidential treatment is requested for the information provided in Appendix C. Xcel Energy intends to expand the scope ofoperations beyond those identified in Appendix C upon receipt ofthe appropriate Certificate ofAuthorization (COA). The expanded scope ofoperations will be limited to 10 states (Colorado, Kansas, Michigan, Minnesota, New Mexico, Oklahoma, North Dakota, South Dakota, Texas and Wisconsin) within which Xcel Energy owns electric and/or gas facilities. Accordingly, Xcel Energy requests that any grant of an exemption not be limited to the feasibility studies/pilot projects identified in Appendix C. Xcel Energy recognizes that it will need to secure a new or amended COA when seeking to expand its sUAS operations beyond the areas identified in Appendix C. Small UAS are ideally suited for inspection ofenergy infrastructure-they can inexpensively, safely and quickly deliver high-quality photo and video and location data which eliminates the need for physical inspection thus speeding the process oftroubleshooting and, ultimately, increases the reliability ofelectricity and gas supply. In particular, sUAS allowutility workers to conduct inspections without placing themselves in potentially hazardous situations. They can also facilitate the safe inspection ofhard-to-access or environmentally sensitive areas without the use ofservice trucks, helicopters or other utility vehicles that may have more impactthan sUAS. In addition, because ofthe small size ofthe
2craft, in many cases, sUAS canbe more efficient and cost-effectivethan traditional methods which canhelp to reduce operations and maintenance costs and, perhaps most importantly, provide a means for faster resolution ofproblems on electric and gas systems. In short, approval ofthis request and theprovision ofthe necessary exemptions will increase electric and gas system reliability, decrease customercosts and enhance worker safety. Moreover, approving the requested use wouldrepresent a significant step forward in the FAA's ("Administration") efforts to integrate sUAS into the national airspace system. Xcel Energy's requestprovides the Administration with an opportunityto partner with aleading electric and gas energyprovideras itworksto develop its rulemakingpursuantto the FAA Reauthorization Act of2012 while doing so for a compellingpublic purpose and under strict operational and safety guidelines. Giventhe uniqueness ofXcel Energy-thecompanyhas adiverse geographical and environmental footprint and a distinctiveresource mix-itis ideally suited to help the Administration understand potential utility applications for sUAS. Xcel Energy proposes to use sUAS that are rotorcraft, have a maximum takeoffweight of 24 pounds, operate at a speed ofno more than 50 knots and contain built-in safety features. In addition, Xcel Energy proposes to use the aircraft at low altitudes, not in proximity to airports unless a Memorandum ofAgreement (MOA) is first established with the airport authority or denselypopulated areas, on property owned orcontrolledby Xcel Energy or is utility right of way, within the visual line ofsightofthe operator and under controlled conditions. Accordingly, the requested exemptions satisfythe applicable statutory criteria and policies, will serve the public interest, will not adversely affect safety and will provide a level ofsafety at least equal to the existing airworthiness and related regulations. Approval ofthis Petition is, therefore, consistent with Section 333's directive to "establish requirements for the safe operation of 

### 3[unmanned aircraft systems] in the national airspace system" ifthe Secretary of Transportation determines that certain unmanned aircraft systems may operate safely in the national airspace system.4 II. APPLICANT BACKGROUND Xcel Energy is a major U.S. electric and natural gas company based in Minneapolis, Minnesota. The company owns facilities in 10 states (Colorado, Kansas, Michigan, Minnesota, NewMexico, Oklahoma, North Dakota, South Dakota, Texas and Wisconsin) and provides a comprehensiveportfolio ofenergy-relatedproducts and services to 3.4 million electricity customers and 1.9 million natural gas customers. Xcel Energy is a U.S. investor-owned company withregulated operations as four wholly-owned utility subsidiaries.
Xcel Energy works hard to deliver clean, safe, reliable energy at a competitiveprice. Recognizingthat energy is fundamental to the quality ofpeople's lives and the economic health ofour communities, the company also knows that its customers rely on it around the clock. The companytakes that responsibility seriously. Xcel Energy operates major generating facilities that use a variety offuel sources including coal, natural gas, nuclear fuel, water (hydro), oil and refuse. Its portfolio includes facilities that generate electricity from the wind and sun. In total, Xcel Energy'splants are capable ofproducing more than 17,000 megawatts (MW) ofelectricity. Xcel Energy generates approximately two-thirds ofits power and buys the remainder from other electricity suppliers to meet customers' energy needs.

4 Section 333(c) ofthe FAA Modernization and Reform Act of2012, Pub. L. No. 112-95, 126 Stat II. 4Owned Generating Plants Type Plants Net Dependable Capacity in Megawatts (MW)* Coal 13 7,424 MW Natural Gas 25 6,956 MW

Nuclear 2 1,594 MW Hydro 26 377 MW Diesel 2 305 MW Refuse-Derived Fuel 3 52 MW Wind 3 46 MW* Solar 4 0.1 MW Total 78 16,754.1 MW *Net generating capacity is 327 MW for Xcel Energy-owned wind energy facilities. Summer net dependable capacity is determined to be lower because wind generation is an intermittentresource and is only available when ambient wind conditions exist.

**With~**12,500 employees as ofJanuary, 2014, Xcel Energy efficientlymaintains electric transmission facilities comprised of

**~87,600** conductormiles which equate

**to~**19,000 miles of transmission lines traversing 10 states. (Note: lines are composed ofmultiple conductors, hence the reason for the difference between conductormiles and miles oftransmission line.) The company's electric distribution facilities are comprised

**of~**193,100 conductormiles, gas transmission facilities comprised of

**~2,250** miles ofpipeline and gas distribution facilities comprised of

**~33,900** miles ofpipeline. Consistent with its effort to provide safe and reliable electric and gas service, Xcel Energy seeks to use sUAS to more efficiently and safely perform inspections ofits energy infrastructure. The name and mailing address ofthe applicant is: Xcel Energy, Inc. Attn: Gregory Bennett 1123 West 3rd Avenue Denver, CO 80223 Phone: 303.571.3674 Email: gregory.bennett@xcelenergy.com



### 5III. RELEVANT STATUTORY AUTHORITY A. Section 333 Section 333(a) states that the Administration "shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace before completion ofthe plan and rulemaking [to broadly integrate UAS into the national airspace] required by Section 332 ofthis Act." Section 333 is also described as a pathway for "expedited operational authorization." 5 Section 333(b)(l) outlinesthe factors that the Administration shall use to determine whether UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight. In addition, and importantly for this Petition, Section 333(b)(2) provides the Administration with the discretion to determine that a certificate ofwaiver, certificate of authorization, or airworthiness certification is notrequired to operate UAS that are found to be appropriate under Section 333(b)(l). Finally, Section 333(c) allows the Administration to establish requirements for safe operation ofthe UAS determined to be able to be operated safely in the national airspace system. B. Section 4470l(f) In addition to its specific authority related to authorizing UAS operationunder Section 333, the Administration has general authority to grant exemptions from its safety requirements and minimum standards ifthe Administration finds thatthe exemption is inthe public interest.6 Administration regulations set forth the information that must be included in the petition for exemption: (1) the applicant's name and mailing address; (2) the regulations from which the applicant seeks exemption; (3) the extent ofreliefsought and why; (4) the reasons why granting

5 Section 332(b)(l). 6 49

### u.s.c. § 44701(f). 6the request would be in the public interest and how it would benefit the public as a whole; and (5) the reasons why grantingthe exemptionwould not adversely affect safety, or howthe exemptionwould provide a level ofsafety at least equal to the rule from which the applicant seeks exemption.7 IV. DISCUSSION A. Xcel Energy's Proposal Satisfies the Section 333 Criteria for Approval. As described above, Section 333(b)(l) outlines the factors that the Administration shall use to determine whether UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight. Applying the criteria outlined in Section 3 33(b)(1) and otherrelevant criteriato this case demonstrates thatXcel Energy's proposed terms and conditions ofoperation will result in the sUAS being operated safely in the national airspace system, consistent with Section 333. Based onthe small size ofthe sUASs involved, the low altitude and restricted environment in which they will operate and the fact that they will be operated within the visual line ofsight ofthe operator, there is more than sufficient basis to find thatthe sUAS can be operated safely under Xcel Energy's proposal without an airworthiness certificate. 1. Size, Weight, Speed, and Operational Capability Xcel Energy seeks an exemptionpermitting operations ofa DJI Spreading Wings S 1 000+. The S1000+ is an electricpowered octocopter sUAS thathas a maximum takeoffweight of24 pounds and a diameterofapproximately41" (distance measuredrotorto rotor across the center). The S 1 000+ will not be operated above 50 knots (The S1 000+ has a velocityto never exceed limitation of 15 m/s, and atypical maneuvering speed offive m/s.). The S 1 000+has an integrated

7 14C.F.R. § 11.81. 7GPS autopilot system. The integrated GPS autopilot provides stable, precise flight and stable hovering enabling field workers to focus on situational awareness (e.g., proximityto equipment) and safety. In addition, the GPS autopilot system provides an automatic return to home capability inthe unlikely case ofsignal loss withthe operator. Additional detailed information regarding the characteristics and capabilities ofthe S1 000+ is included in the Pilot Operating Handbook (POH) providedin Appendix D. Confidential treatment is requested for the information provided in Appendix D. The S1 000+ is ideally suited for inspection ofpower lines, generatingplants, pipelines and other energy-related infrastructure because the aircraft has the capabilityto deliver highqualityphotos and videos more efficiently and cost-effectively than traditional methods. Using sUAS can also be saferfor utility workers because it will avoid putting utility workers in situations withpotential hazards, eliminatingthe risk ofinjuries. They also allowthe safe inspection ofhard-to-access orenvironmentally sensitive areas without the use oftrucks and other utility vehicles. Overall, sUAS can provide significant benefits to utility workers and customers overtraditional energy infrastructure inspection methods. 2. Locations for Initial Feasibility Studies/PilotProjects The specific locations on Xcel Energy's system targeted for the feasibility studies/pilot projects are identified in Appendix C to this petition. Xcel Energy will avoid operatingthe sUAS overdensely populated areas and will operate at least five nautical miles away from the nearest airport unless a MOA is first established with the airport authority. The sUAS will be operated at low altitudes of400 feet or less-much lower than the airspace in which manned vehicles operate. Finally, operations will occur overutility property or utility right ofway.
8In addition, Xcel Energy's sUAS flights will likely occur in airspace that is subjectto a Noticeto Airmen (NOTAM). The Administrationhas issued a standing notice to pilots to avoid loitering inthe "airspace above, orin proximityto, sites such as nuclearpowerplants, powerplants, dams, refineries, industrial complexes, military facilities, and other similar facilities." This NOT AM shouldfurther limitthe potential interaction for any flights nearXcel Energypower generation facilities. 

### 3. \isualLine ofSight A trained operatorwill fly the sUAS during daylight hours, in good weather and within the operator's line ofsight. In addition, the operator will be accompanied by a trained spotter/safety observerwho also will be positioned in line ofsight ofthe aircraft and will be in constantcommunication with the operatorto identify and alert the operatorto any potential obstacles. This eliminatesthe need for other "sense and avoid" capabilities during operation, as well as the need for any method ofair traffic control communications.8 

### B. Xcel Energy's Proposal Also Satisfies the Standard for Exemption under Section 44701 and 14 C.F.R. § 

### 11.81. 1 Granting Xcel Energy's Request Would Not Adversely Affect Safety and Would Provide a Level ofSafety at Least Equal to Existing Rules. Granting Xcel Energy's Petition will not adversely affect safety and Xcel Energy's proposed terms and conditions ofoperation would provide a level ofsafety at least equal to the use oftraditional aircraft under existing rules. As discussed above with respect to Section 333(b)(I) criteria, the size, weight, speed and operational capability ofthe sUAS that will be used intheproposed operations indicatethat the aircraft can be operated safely in the national airspace system. Moreover, the aircraft will be operated at lowaltitudes, not in proximity to

8 SeeInterim OperationalApprovalGuidance 08-01, UnmannedAircraftSystems Operations in the US. National AirspaceSystem at4 (Mar. 13, 2008). 9airports unless a MOA is first established with the airport authority or densely populated areas andwithin the visual line ofsight ofthe operator and safety observer. In addition, Xcel Energy proposes the following conditions to ensure the requested exemption would result in a level of safety at least equal to the rules from whichXcel Energy is seeking an exemption. More informationregarding conditions and operational considerations thatXcel Energyproposesto ensure safety is include in Xcel Energy's sUAS OperationsManual provided in Appendix E and Xcel Energy's sUAS Safety Management SystemManual provided in AppendixF. Confidential treatment is requested for the information provided in Appendices E and F.

a. Safety Systems Xcel Energy will use sUAS that have a semi-autonomous navigation and control system comprisedofa Ground Control Station and auto-pilot system. Automated safety functions and safety enhancing features ofthe sUAS that Xcel Energy will use include the following (Additional information aboutthe safety enhancing features is included in thePOH provided in Appendix D.): • Precision Flight and Stable Hovering: Integrated GPS autopilot system provides position holding, altitude lock and stable hovering allowing all field personnel to focus on situational awareness and safely getting thejobdone. • Auto Return-To-Home: Fail-safe feature will automatically activate in case of signal loss with ground station using GPS-Enabled autopilot to automatically return and land the craft at the original take-offpoint. • Clearly VisibleBattery and GPS Status: Battery and GPS status will be available through airframe status lights clearly visible to the operator and available through the ground station display. • Controlled Airspace No-Fly Zone: All flights will bepreplanned and aGPS controlled autopilot will be used to enforce corporate policy and training prohibiting flights in proximityto airports unless a MOA is first established with the airport authority and densely populated areas. b. Mandatory Operating Conditions

10In addition to the safety features described above, Xcel Energy proposes its exemptionbe subject to the following mandatory conditions to ensure safe operation: • Operations will avoid densely populated areas. • Operations will be conducted overproperty owned or controlledby Xcel Energy or is utility right ofway. • Maximumtotal flight time for each flight will be 30 minutes. Flights will be terminated at 25%batterypowerreserve, should that occurbefore this time limit. • Operations will occur during Visual Flight Rules Meteorological Conditions. • Aircraft to remain within Visual Line ofSight ("VLOS"). VLOS will be guaranteed with a cylinderofoperation around operator of 1/2 nautical mile. • Operations will occurduring daylight hours. • Flights will be operated at an altitude ofno more than400 feet Above Ground Level (AGL). • The aircraft will notbe operated at above 50 knots. • All operationsto remain more than five nautical miles from centerline azimuth ofrunway centerline measured from runway thresholds unless a MOA) is first established withthe airport authority. • Operators will possess aprivate pilot's license and a 2nd class medical certificate. • Operators and safety observers will meet the operatortraining and certificationrequirements proposed below. • Operators and safety observers will be in communication at all times. • Operatorwill perform required maintenanceperthe manufacturer's recommendations and keep a log ofany maintenance performed. • Operator will perform any safety checks specified in the manufacturer's user guide priorto eachflight.

11

### c. Operator and Safety Observer Training and Certification As discussed above, the sUAS Xcel Energy will use are characterized by a high degree ofcontrol and built-intechnical capabilities that limit the potential for operation outside the operating conditions set forth inthis Petition. Moreover, the mandatoryoperating conditions (maximum altitude, proximity to airfields, visual line ofsight) minimize anypotential weather impact and interactions with other aircraft. Situational awareness around equipment, a thorough working knowledge of the sUAS, and strict adherence to corporate sUAS flight policy are key to safe sUAS operations. Given the significant differences between sUAS and piloted aircraft, the safety features inherent in the sUAS, and the strict operating conditions that will apply, Xcel Energy proposes that operators ofthe sUAS will be required to hold a private pilot license. Safety observers will be required to pass an FAA private pilot's aeronautical knowledge exam. In addition, Xcel Energy will train and internally certify operators and observers based on:

• Proven knowledge ofXcel Energy sUAS flight policy (including Mandatory Operating Conditions specified in this Petition); • Proven working knowledge ofsafe sUAS operations, flight characteristics, safety features, GPS/Battery Status indicators and emergencyprocedures; • Utility knowledge regarding safe operations around high voltage power equipment, powerplants and natural gas facilities; and • A 2nd class medical certificate. Xcel Energy is receptive to modifying operatortraining and certificationrequirements based on future regulations and industry guidance on licensing sUAS pilots using training and testing relevant to operating sUAS in a limited flight area.

12d. Privacy Considerations Xcel Energy will not operate sUAS in any way that may invade personal privacy and will comply with any federal, state, or local privacy laws that may apply in areas where Xcel Energy operates sUAS. In addition, as apractical matter, flights will occuroverutility property or utilityright ofway so privacy is unlikely to be a concern in relation to Xcel Energy's proposed use. 2. GrantingXcel Energy's Request Would Be in the Public Interest and Would Benefitthe Public as a Whole. Allowingthe requested use will provide significantbenefits to the public, Xcel Energy customers and Xcel Energy employees. Using sUAS to inspect energy infrastructure can be saferand more efficient than traditional methods ofinfrastructure inspection such as the use of fixed wing aircraft, helicopters, bucket trucks and other service vehicles. The increased safety and efficiency ofusing sUAS to inspect infrastructure following significantweather events is especially importantto Xcel Energy, which serves millions ofretail customers in areas where severe weather and other natural and manmade hazards occurwith frequency. An infrastructure inspectionprocess thatis safer and more efficientcan helpto loweroperations and maintenance costs and more quickly resolve problems in the delivery ofelectricity and natural gas, both of which will benefit customers. Moreover, the requested use presents a compellingcase for the Administration moving forward with efforts to integrate sUAS into the national airspace system as required by Section 333. The public has a significant interest in efficient and safe inspection ofenergy infrastructure to ensure reliable delivery ofpower and natural gas; and Xcel Energy has proposed using sUAS to further this public interest in a way that is at least as safe as operation ofaircraft underexisting regulations. Xcel Energy's request, therefore, provides the Administration an appropriate vehicle to further Congress' mandate to expedite integration of
13UAS. In addition, Xcel Energy's operational experience resulting from the use of sUAS in utility operations may be valuable to the Administration in developing comprehensive rules governing sUAS for the electric industry. C. Description ofReliefSought and Regulations from Which Exemption is Requested Based on the foregoing, Xcel Energy's proposal satisfies the criteriafor approval under Section 333. In addition, Xcel Energy's proposal meets the requirements and policies for exemptions from Administrationregulations. Xcel Energy, therefore, respectfully requests the Administration grant exemptions from the regulations set fmih in Appendix A to this Petition.9 V. CONCLUSION Forthe reasons discussed above, Xcel Energy satisfies the relevant criteria for approval under Section 333 and exemptions from referenced regulations pursuant to Section 44701(f). Accordingly, Xcel Energy respectfully requests the Administration grant the reliefrequested in this Petition to allowthe use ofsUAS for the purposes and under the conditions set forth herein. Granting this Petition will not only further Congress' instruction to expedite the safe integration ofUAS into the national airspace system but will also further the significant public interest in the safe and reliable delivery ofelectricity and natural gas to customers. February 11, 2015 Respectfully submitted,



# JkrwK·&m~ Gr go B nett Xcel Energy, Inc. 1123 West 3rd Avenue Denver, CO 80223 Phone: 303.571.3674 Email: gregory.bennett@xcelenergy.com
9 Xcel Energy has attempted to identify the applicable regulations for which an exemption is required torthe proposed use. To the extent thatthe Administration determines that any other safety regulations might apply to Xcel Energy's proposed use, Xcel Energy further requests thatthis Petition be deemed to seekan exemption from those requirements. 14Appendix A Regulations from Which Exemption is Requested Xcel Energyhas attemptedto identify the applicable regulations for which an exemption is required for the proposed use. To the extent the Administration determines any other safety regulations might apply to Xcel Energy's proposed use, Xcel Energy further requests this Petition be deemed to seek an exemption from those requirements. 1. 14 C.F.R. §§ 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations: Pilot in Command; Commercial Pilot Privileges and Limitations Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command ofan aircraft for compensation orhire. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS proposed for use byXcel Energy are remotely controlled with no passengers orcargo on board. Xcel Energyrespectfullyrequests exemptions from these requirements based on the particular characteristics ofthe sUAS that will be used. The risks associated with the operation ofthe sUAS described above (giventhe size, speed, operational capabilities and lack ofcombustible fuel) are much lowerthan the risks associated with commercial operations contemplated by Part 61 with conventional aircraft. Accordingly, a private pilot, adequately trained in the proper use ofsUAS, possesses the requisite skills and knowledge ofthe NAS and FAA regulations to assure the safe operation ofthe sUAS. In addition, Xcel Energy will use sUAS with ahigh degree ofcontrol and various built-in technical capabilities that strictly limitthe potential for operation outside ofthe operating conditions set forth in this Petition. Given the inherently lower-risk nature ofthe sUAS and these safety features, Xcel proposes that operators be required to successfully complete the training described above. A-12. 14 C.F.R. §§ 91.109: Flight Instruction These regulations provide that no person may operate a civil aircraft (except a manned treeballoon) that is being used for flight instructionunlessthat aircrafthas fully functioning dual controls. The sUASs Xcel Energy will use are remotely-piloted aircraft and designed without fully-functioning dual controls. Flight control is accomplishedthrough the use ofa control box that communicates with the aircraft viaradio communications. The equivalent level ofsafety is provided as neither a pilot nor passengers will be carried in the aircraft, by the size and speed ofthe aircraft and the safety features ofthe aircraft limitingthe potential for operation outside the operating conditions set forth in this Petition. Xcel Energy notes the FAAhas previously found an exemption from 

### § 91.109 is not needed when the training protocol does not specify the use of dual controls and the sUAS is not equipped with dual controls. Should the FAA continue to believe this is the case, Xcel Energy notes that no exemption would be needed from this requirement. 3. 14 C.F.R. § 91.121: Altimeter Settings Section 121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter but, instead, uses GPS technology, Xcel Energy requests an exemption from this requirement to the extent it operates sUAS without a barometric altimeter. An equivalent level ofsafety will be achieved bythe operator confirming the acquisition ofGPS signals and an initial ground level altitude ofzero priorto take-off.

A-24. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFRconditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first pointofintended landing and, assuming normal cruising speed {1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." Xcel Energy requests an exemption from the 30 minutes ofreserve fuel requirement. Given the limitations on flight locations and operations set forth in this Petition, a longer timeframe for flight is reasonable. Operating the sUAS in atightly controlled area with less than 30 minutes ofreserve fuel does not engenderthe type ofrisks that Section 91.151(a) was intended to alleviate giventhe size and speed ofthe sUAS. Xcel Energyproposes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% ofbatterypower, whicheverhappens first. This restriction would be more than adequate to returnthe sUAS to its planned landing zone from anywhere in its limited operating area. 5. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections Sections 91.405(a), 91.407(a)(l), and 91.409(a)(l) and (2) specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. Section417 requires an owner oroperator ofan aircraft to maintain specific types ofmaintenance records, including signatures ofthe person authorized to approve the aircraft's return to service, contemplated by Part 43. Given these sections and Part43 apply onlyto aircraft with an airworthiness certificate; these sections will not apply to Xcel Energy's operation ofsUAS. Maintenance will be accomplished by the A-3operatorpursuantto the manufacturer specifications. An equivalent level ofsafety to existing regulations will be achieved because these sUASs are very limited in size, operate only in restricted areas for limited periods oftime and carry no flammable fuel. Ifmechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As described above, the operatorwill ensure the sUAS is in working orderpriorto initiating flight, perform apreflight safety checklist, perform required maintenance and keep a log ofany maintenanceperformed. Moreover, the operatoris the personmost familiar with the aircraft and best suitedto maintainthe aircraft in an airworthy condition to provide the equivalent level of safety.

A-4Appendix B Summary Suitable for Publication in the Federal Register Xcel Energy, Inc. petitions the Federal Aviation Administration for relieffrom compliance with 14 C.F.R.; §§ 61.113(a) and (b); 61.133(a); 91.109;; 91.121; 91.151(a); 91.405(a); 91.407(a)(l); 91.409 (a)(2); and 91.417 (a) and (b); for purposes ofoperating small unmanned aircraftwith a takeoffweight of24pounds orless onproperty owned or controlledbyXcel Energy orin utility right ofwayto inspect energy infrastructure and identify problems in the delivery ofelectricity
ornatural gas to customers. Xcel Energy proposes its operation be subject to the operating conditions and safety standards set forth inthe petition in lieu ofthe above-referencedregulations in orderto provide a level ofsafety equivalentto those regulations.

B-1

### Appendix C Locations for Initial Feasibility Studies/Pilot Projects

Confidential TreatmentRequested

C-1

### Appendix D Xcel Energy's Pilot Operating Handbook

Confidential TreatmentRequested

D-1

### Appendix E Xcel Energy's sUAS Operations Manual

Confidential Treatment Requested

E-1

### Appendix F Xcel Energy's sUAS Safety Management System Manual
ConfidentialTreatmentRequested

F-1