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 of Applicant: 

Jones Day 

Attn: Rebecca MacPherson 

51 Louisiana A venue NW 

Washington, DC 20001-2113 

Phone: 202.879.4645 

Email: Rmacpherson@j onesday. com 
I. SUMMARY OF PETITION 

Pursuant to Section 333 of the 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 conduct inspections of energy infrastructure. Xcel Energy also requests 

the exemptions that are necessary to such approval pursuant to 49 U.S.C. § 44701(£), and 14 

C.F.R. § 11.81. 1 As a matter of clarification, Xcel Energy is not requesting exemptions from§§ 

21, 27, 45.24, 91.9(b)(2) and 91.203(b) because, based on previous FAA exemptions, Xcel 

Energy believes the FAA has determined these regulatory provisions do not apply to sUAS 

operations at this time. 2 In addition, Xcel Energy believes that no relief is needed from § § 91.7, 

91.103,91.119 and 91.1501 because it can comply with the regulations as drafted. 3 (Note: A 

summary ofXcel Energy's petition suitable for publication in the Federal Register is provided in 

Appendix B.) 

Xcel Energy, whose principal subsidiaries are operating companies Northern States Power 

Company Minnesota (NSPM), Northern States Power Company- Wisconsin (NSPW), Public 

Service Company of Colorado (PSCO), Southwestern Public Service Company (SPS), and service 

company Xcel 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); 6 1.133(a); 91.1 09; 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 relief is not required from § 91.109 if the sUAS, and its 

related training program, does not utilize dual controls (see Exemption No. II 062). To the extent the FAA 

continues to believe this is a proper reading of§ I 03, Xcel Energy suggests §91.1 03 is not applicable to this 

exemption request. 

3 Xcel Energy notes that the 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 extent the FAA finds that § 

119( c) applies to Xcel Energy's contemplated operations using a rotorcraft sUAS, Xcel Energy requests an 

exemption from this provision. 
assess the applicability, practicability and potential for implementing sUAS for tasks including 

visual inspections of vital energy infrastructure such as electric transmission and distribution 

lines, power plants (including renewable energy facilities), substations, natural gas transmission 

and distribution pipelines, compressor stations, storage facilities and valves in order to further 

the public interest in the safe and reliable delivery of electricity 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 of operations beyond those identified in 

Appendix C upon receipt of the appropriate Certificate of Authorization (COA). The expanded 

scope of operations 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 of energy 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 of troubleshooting and, ultimately, increases the reliability of electricity and gas supply. In particular, 

sUAS allow utility workers to conduct inspections without placing themselves in potentially 

hazardous situations. They can also facilitate the safe inspection of hard-to-access or 

environmentally sensitive areas without the use of service trucks, helicopters or other utility 

vehicles that may have more impact than sUAS. In addition, because of the small size of the 

2 
craft, in many cases, sUAS can be more efficient and cost-effective than traditional methods which 

can help to reduce operations and maintenance costs and, perhaps most importantly, provide a 

means for faster resolution of problems on electric and gas systems. In short, approval of this 

request and the provision of the necessary exemptions will increase electric and gas system 

reliability, decrease customer costs and enhance worker safety. 

Moreover, approving the requested use would represent a significant step forward in the 

FAA's ("Administration") efforts to integrate sUAS into the national airspace system. Xcel 

Energy's request provides the Administration with an opportunity to partner with a leading 

electric and gas energy provider as it works to develop its rulemaking pursuant to the FAA 

Reauthorization Act of 2012 while doing so for a compelling public purpose and under strict 

operational and safety guidelines. Given the uniqueness ofXcel Energy-the company has a diverse 

geographical and environmental footprint and a distinctive resource mix-it is ideally suited to 

help the Administration understand potential utility applications for sUAS. 

Xcel Energy proposes to use sUAS that are rotorcraft, have a maximum takeoff weight of 

24 pounds, operate at a speed of no 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 of Agreement (MOA) is first established with the airport authority or 

densely populated areas, on property owned or controlled by Xcel Energy or is utility right of 

way, within the visual line of sight of the operator and under controlled conditions. Accordingly, 

the requested exemptions satisfy the applicable statutory criteria and policies, will serve the 

public interest, will not adversely affect safety and will provide a level of safety at least equal to 

the existing airworthiness and related regulations. Approval of this 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" if the 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, 

New Mexico, Oklahoma, North Dakota, South Dakota, Texas and Wisconsin) and provides a 

comprehensive portfolio of energy-related products and services to 3.4 million electricity 

customers and 1.9 million natural gas customers. Xcel Energy is a U.S. investor-owned company 

with regulated operations as four wholly-owned utility subsidiaries. 

Xcel Energy works hard to deliver clean, safe, reliable energy at a competitive price. 

Recognizing that energy is fundamental to the quality of people's lives and the economic health 

of our communities, the company also knows that its customers rely on it around the clock. The 

company takes that responsibility seriously. Xcel Energy operates major generating facilities that 

use a variety of fuel 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's plants are capable of producing more than 17,000 megawatts (MW) of electricity. 

Xcel Energy generates approximately two-thirds of its power and buys the remainder from other 

electricity suppliers to meet customers' energy needs. 

4 Section 333( c) of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat II. 

4 
Owned 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 intermittent resource and is only available when ambient wind conditions exist. 

With~ 12,500 employees as of January, 2014, Xcel Energy efficiently maintains electric 

transmission facilities comprised of ~87,600 conductor miles which equate to~ 19,000 miles of 

transmission lines traversing 10 states. (Note: lines are composed of multiple conductors, hence 

the reason for the difference between conductor miles and miles of transmission line.) The 

company's electric distribution facilities are comprised of~ 193,1 00 conductor miles, gas 

transmission facilities comprised of ~2,250 miles of pipeline and gas distribution facilities 

comprised of ~33,900 miles of pipeline. 

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 of its energy 

infrastructure. 

The name and mailing address of the applicant is: 

Xcel Energy, Inc. 

Attn: Gregory Bennett 

1123 West 3rd Avenue 

Denver, CO 80223 

Phone: 303.571.3674 

Email: gregory.bennett@xcelenergy.com 

5 
III. RELEVANT STATUTORY AUTHORITY 

A. Section 333 

Section 333(a) states that the Administration "shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace before completion of the 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) 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, proximity to airports and populated areas, and operation within visual 

line of sight. In addition, and importantly for this Petition, Section 333(b )(2) provides the 

Administration with the discretion to determine that a certificate of waiver, certificate of 

authorization, or airworthiness certification is not required to operate U AS that are found to be 

appropriate under Section 333(b)(l). Finally, Section 333(c) allows the Administration to 

establish requirements for safe operation of the 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 operation under Section 

333, the Administration has general authority to grant exemptions from its safety requirements 

and minimum standards if the Administration finds that the exemption is in the 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 of relief sought and why; ( 4) the reasons why granting 

5 Section 332(b)(l). 6 49 u.s.c. § 44701(f). 

6 
the request would be in the public interest and how it would benefit the public as a whole; and 

(5) the reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety 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, proximity to airports and populated areas, and operation 

within visual line of sight. Applying the criteria outlined in Section 3 3 3(b )(1) and other relevant 

criteria to this case demonstrates that Xcel Energy's proposed terms and conditions of operation 

will result in the sUAS being operated safely in the national airspace system, consistent with 

Section 333. Based on the small size of the 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 of sight of the operator, there is more than sufficient basis to find that the 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 exemption permitting operations of a DJI Spreading Wings S 1 000+. 

The S1000+ is an electric powered octocopter sUAS that has a maximum takeoffweight of24 

pounds and a diameter of approximately 41" (distance measured rotor to rotor across the center). 

The S 1 000+ will not be operated above 50 knots (The S 1 000+ has a velocity to never exceed 

limitation of 15 m/s, and a typical maneuvering speed of five m/s. ). The S 1 000+ has an integrated 

7 14C.F.R. § 11.81. 

7 
GPS autopilot system. The integrated GPS autopilot provides stable, precise flight and stable 

hovering enabling field workers to focus on situational awareness (e.g., proximity to equipment) 

and safety. In addition, the GPS autopilot system provides an automatic return to home capability 

in the unlikely case of signal loss with the operator. Additional detailed information regarding the 

characteristics and capabilities of the S 1 000+ is included in the Pilot Operating Handbook (PO H) 

provided in Appendix D. Confidential treatment is requested for the information provided in 

Appendix D. 

The S 1 000+ is ideally suited for inspection of power lines, generating plants, pipelines 

and other energy-related infrastructure because the aircraft has the capability to deliver highquality photos and videos more efficiently and cost-effectively than traditional methods. Using 

sUAS can also be safer for utility workers because it will avoid putting utility workers in 

situations with potential hazards, eliminating the risk of injuries. They also allow the safe 

inspection of hard-to-access or environmentally sensitive areas without the use of trucks and 

other utility vehicles. Overall, sUAS can provide significant benefits to utility workers and 

customers over traditional energy infrastructure inspection methods. 

2. Locations for Initial Feasibility Studies/Pilot Projects 

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 operating the sUAS over densely 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 of 400 feet 

or less-much lower than the airspace in which manned vehicles operate. Finally, operations 

will occur over utility property or utility right of way. 

8 
In addition, Xcel Energy's sUAS flights will likely occur in airspace that is subject to a 

Notice to Airmen (NOT AM). The Administration has issued a standing notice to pilots to avoid 

loitering in the "airspace above, or in proximity to, sites such as nuclear power plants, power plants, 

dams, refineries, industrial complexes, military facilities, and other similar facilities." This 

NOT AM should further limit the potential interaction for any flights near Xcel Energy power 

generation facilities. 

3. \isual Line of Sight 

A trained operator will fly the sUAS during daylight hours, in good weather and within 

the operator's line of sight. In addition, the operator will be accompanied by a trained 

spotter/safety observer who also will be positioned in line of sight ofthe aircraft and will be in 

constant communication with the operator to identify and alert the operator to any potential 

obstacles. This eliminates the need for other "sense and avoid" capabilities during operation, 

as well as the need for any method of air 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 of Safety at Least Equal to Existing Rules. 

Granting Xcel Energy's Petition will not adversely affect safety and Xcel Energy's 

proposed terms and conditions of operation would provide a level of safety at least equal to the 

use of traditional 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 in the proposed operations indicate that the aircraft can be operated safely in the national 

airspace system. Moreover, the aircraft will be operated at low altitudes, not in proximity to 

8 See Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the US. National 

Airspace System at 4 (Mar. 13, 2008). 

9 
airports unless a MOA is first established with the airport authority or densely populated areas 

and within the visual line of sight of the 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 which Xcel Energy is seeking an exemption. More 

information regarding conditions and operational considerations that Xcel Energy proposes to 

ensure safety is include in Xcel Energy's sUAS Operations Manual provided in Appendix E and 

Xcel Energy's sUAS Safety Management System Manual provided in Appendix F. 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 

comprised of a Ground Control Station and auto-pilot system. Automated safety functions and 

safety enhancing features of the sUAS that Xcel Energy will use include the following 

(Additional information about the 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 the job done. 

• 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-off point. 

• Clearly Visible Battery 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 be preplanned and a GPS 

controlled autopilot will be used to enforce corporate policy and training 

prohibiting flights in proximity to airports unless a MOA is first established 

with the airport authority and densely populated areas. 

b. Mandatory Operating Conditions 

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In addition to the safety features described above, Xcel Energy proposes its exemption be 

subject to the following mandatory conditions to ensure safe operation: 

• Operations will avoid densely populated areas. 

• Operations will be conducted over property owned or controlled by Xcel 

Energy or is utility right of way. 

• Maximum total flight time for each flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve, should that occur before this time limit. 

• Operations will occur during Visual Flight Rules Meteorological Conditions. 

• Aircraft to remain within Visual Line of Sight ("VLOS "). VLOS will be 

guaranteed with a cylinder of operation around operator of 1/2 nautical mile. 

• Operations will occur during daylight hours. 

• Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL). 

• The aircraft will not be operated at above 50 knots. 

• All operations to remain more than five nautical miles from centerline azimuth 

of runway centerline measured from runway thresholds unless a MOA) is first 

established with the airport authority. 

• Operators will possess a private pilot's license and a 2nd class 

medical certificate. 

• Operators and safety observers will meet the operator training and 

certification requirements proposed below. 

• Operators and safety observers will be in communication at all times. 

• Operator will perform required maintenance per the manufacturer's 

recommendations and keep a log of any maintenance performed. 

• Operator will perform any safety checks specified in the manufacturer's user 

guide prior to each flight. 

11 
c. Operator and Safety Observer Training and Certification 

As discussed above, the sUAS Xcel Energy will use are characterized by a high degree 

of control and built-in technical capabilities that limit the potential for operation outside the 

operating conditions set forth in this Petition. Moreover, the mandatory operating conditions 

(maximum altitude, proximity to airfields, visual line of sight) minimize any potential 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 

of the 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 of safe sUAS operations, flight characteristics, 

safety features, GPS/Battery Status indicators and emergency procedures; 

• Utility knowledge regarding safe operations around high voltage power 

equipment, power plants and natural gas facilities; and 

• A 2nd class medical certificate. 

Xcel Energy is receptive to modifying operator training and certification requirements 

based on future regulations and industry guidance on licensing sUAS pilots using training and 

testing relevant to operating sUAS in a limited flight area. 

12 
d. 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 a practical matter, flights will occur over utility property or 

utility right of way so privacy is unlikely to be a concern in relation to Xcel Energy's proposed 

use. 

2. Granting Xcel Energy's Request Would Be in the Public Interest and Would 

Benefit the Public as a Whole. 

Allowing the requested use will provide significant benefits to the public, Xcel Energy 

customers and Xcel Energy employees. Using sUAS to inspect energy infrastructure can be 

safer and more efficient than traditional methods of infrastructure inspection such as the use of 

fixed wing aircraft, helicopters, bucket trucks and other service vehicles. The increased safety 

and efficiency of using sUAS to inspect infrastructure following significant weather events is 

especially important to Xcel Energy, which serves millions of retail customers in areas where 

severe weather and other natural and manmade hazards occur with frequency. An infrastructure 

inspection process that is safer and more efficient can help to lower operations and maintenance 

costs and more quickly resolve problems in the delivery of electricity and natural gas, both of 

which will benefit customers. 

Moreover, the requested use presents a compelling case 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 of energy 

infrastructure to ensure reliable delivery of power 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 

of aircraft under existing regulations. Xcel Energy's request, therefore, provides the 

Administration an appropriate vehicle to further Congress' mandate to expedite integration of 

13 
UAS. 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 of Relief Sought and Regulations from Which Exemption is 

Requested 

Based on the foregoing, Xcel Energy's proposal satisfies the criteria for approval under 

Section 333. In addition, Xcel Energy's proposal meets the requirements and policies for 

exemptions from Administration regulations. Xcel Energy, therefore, respectfully requests the 

Administration grant exemptions from the regulations set fmih in Appendix A to this Petition.9 

V. CONCLUSION 

For the 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 relief requested in 

this Petition to allow the use of sUAS for the purposes and under the conditions set forth herein. 

Granting this Petition will not only further Congress' instruction to expedite the safe integration 

of UAS into the national airspace system but will also further the significant public interest in 

the safe and reliable delivery of electricity and natural gas to customers. 

February 11, 2015 Respectfully submitted, 

Gr JkrwK·&m~ 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 tor the proposed 

use. To the extent that the Administration determines that any other safety regulations might apply to Xcel Energy's 

proposed use, Xcel Energy further requests that this Petition be deemed to seek an exemption from those requirements. 

14 
Appendix A Regulations from Which Exemption is Requested 

Xcel Energy has attempted to 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 of an 

aircraft for compensation or hire. Unlike a conventional aircraft that carries a pilot, passengers, 

and cargo, the sUAS proposed for use by Xcel Energy are remotely controlled with no passengers 

or cargo on board. 

Xcel Energy respectfully requests exemptions from these requirements based on the particular 

characteristics of the sUAS that will be used. The risks associated with the operation of the 

sUAS described above (given the size, speed, operational capabilities and lack of combustible 

fuel) are much lower than the risks associated with commercial operations contemplated by 

Part 61 with conventional aircraft. Accordingly, a private pilot, adequately trained in the proper 

use of sUAS, possesses the requisite skills and knowledge of the NAS and FAA regulations to 

assure the safe operation of the sUAS. In addition, Xcel Energy will use sUAS with a high 

degree of control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in this Petition. 

Given the inherently lower-risk nature of the sUAS and these safety features, Xcel 

proposes that operators be required to successfully complete the training described above. 

A-1 
2. 14 C.F.R. §§ 91.109: Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned 

tree balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. The sUASs Xcel Energy will use are remotely-piloted aircraft and designed without 

fully-functioning dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The equivalent level of safety 

is provided as neither a pilot nor passengers will be carried in the aircraft, by the size and speed 

of the aircraft and the safety features of the aircraft limiting the potential for operation outside the 

operating conditions set forth in this Petition. Xcel Energy notes the FAA has 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 of the 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 of safety will be 

achieved by the operator confirming the acquisition of GPS signals and an initial ground level 

altitude of zero prior to take-off. 

A-2 
4. 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 

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended landing and, assuming normal cruising speed { 1) During the 

day, to fly after that 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 of reserve 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 a tightly controlled area with less than 30 

minutes of reserve fuel does not engender the type of risks that Section 91.151 (a) was intended to 

alleviate given the size and speed of the sUAS. 

Xcel Energy proposes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power, whichever happens first. This restriction would be 

more than adequate to return the 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. Section 417 requires an owner or operator 

of an aircraft to maintain specific types of maintenance records, including signatures of the 

person authorized to approve the aircraft's return to service, contemplated by Part 43. Given 

these sections and Part 43 apply only to aircraft with an airworthiness certificate; these sections 

will not apply to Xcel Energy's operation of sUAS. Maintenance will be accomplished by the 

A-3 
operator pursuant to the manufacturer specifications. An equivalent level of safety to existing 

regulations will be achieved because these sUASs are very limited in size, operate only in 

restricted areas for limited periods of time and carry no flammable fuel. If mechanical issues 

arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. 

As described above, the operator will ensure the sUAS is in working order prior to initiating 

flight, perform a preflight safety checklist, perform required maintenance and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety. 

A-4 
Appendix B Summary Suitable for Publication in the Federal Register 

Xcel Energy, Inc. petitions the Federal Aviation Administration for relief from compliance with 

14 C.F.R.; §§ 61.113(a) and (b); 61.133(a); 91.1 09;; 91.121; 91.151 (a); 91.405(a); 91.407(a)(l ); 

91.409 (a)(2); and 91.417 (a) and (b); for purposes of operating small unmanned aircraft with a 

takeoff weight of24 pounds or less on property owned or controlled by Xcel Energy or in utility 

right of way to inspect energy infrastructure and identify problems in the delivery of electricity 

or natural gas to customers. Xcel Energy proposes its operation be subject to the operating 

conditions and safety standards set forth in the petition in lieu of the above-referenced regulations in 

order to provide a level of safety equivalent to those regulations. 

B-1 
Appendix C Locations for Initial Feasibility Studies/Pilot Projects 

Confidential Treatment Requested 

C-1 
Appendix D Xcel Energy's Pilot Operating Handbook 

Confidential Treatment Requested 

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 

Confidential Treatment Requested 

F-1