reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-1 - Procedures with Respect to Gas Transmission Lines Less Than 10 Miles Long › Section 85-1.5 - Determination of noncompliance

Current through Register Vol. 46, No. 28, July 10, 2024
If any NOI or application filed pursuant to section
						85-1.2
						or
						85-1.3 
						of this Subpart fails to comply in whole or in part with the applicable
						provisions of the Public Service Law and these regulations, the commission or
						its designee will, within 14 days of receipt, advise the applicant of the
						noncompliance and how to comply.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-1 - Procedures with Respect to Gas Transmission Lines Less Than 10 Miles Long › Section 85-1.6 - Review of notices of intention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of any NOI that complies
					 with section
					 85-1.2 
					 of this Subpart and which does not contain a request that it be reviewed under
					 section
					 85-1.7  of
					 this Subpart, the commission will determine, within 30 days of filing, whether
					 there is a substantial public interest which requires the line(s) to be
					 reviewed under section
					 85-1.7.
(b) If the commission determines that review
					 under section
					 85-1.7  of
					 this Subpart is not required, it will certify the proposed line. Failure to act
					 within 30 days will constitute a certificate.
(c) If the commission determines that review
					 of any line(s) is required under section
					 85-1.7  of
					 this Subpart, it will conduct such review, serving copies of the NOI on other
					 appropriate persons.
(d) If any NOI
					 complies with section
					 85-1.2 
					 of this Subpart, and contains a request that it be reviewed under section
					 85-1.7  of
					 this Subpart, a substantial public interest will be deemed to exist and the
					 commission will review the line under section
					 85-1.7.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-1 - Procedures with Respect to Gas Transmission Lines Less Than 10 Miles Long › Section 85-1.7 - Review of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person may file comments with the commission on any application. The record of
					 the certification proceeding may be limited to the application, any comments
					 thereon filed within 15 days of the date of service thereof, and any report by
					 the staff of the Department of Public Service.
(b) The parties to the certification
					 proceeding shall include the applicant and all persons served with a copy of
					 the application or NOI reviewed under this section.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subchapter, other than in Subpart 85-1 of
						this Part:
(a) The term municipality
					 means a county, city, town or village in this State.
(b) The term secretary means the Secretary to
					 the Public Service Commission.
(c)
					 The term person means any individual, corporation, public benefit corporation,
					 political subdivision, governmental agency, municipality, partnership,
					 cooperative association, trust or estate.
(d) The term certificate means a certificate
					 of environmental compatibility and public need.
(e) The term facility or transmission
					 facility means:
(1) an electric transmission
					 facility (including associated equipment) with a design capacity of:
(i) 125 kilovolts or more, to extend a
					 distance of one mile or more; or
(ii) 100 kilovolts or more, but less than 125
					 kilovolts, to extend a distance of 10 miles or more; or
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.2 - Materials required for filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A filing for a certificate shall contain:
(1) the application;
(2) the exhibits and information required by
					 statute and these regulations;
(3)
					 the testimony, in written form, and exhibits which will comprise the
					 applicant's direct case in support of its application; and
(4) any additional information which the
					 applicant deems necessary or desirable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.3 - Acceptance, amendment or rejection of a filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A filing shall be given a case number for
					 tracking purposes when received by the secretary. The commission shall fix a
					 date for commencing a public hearing:
(1) on a
					 filing with respect to an electric transmission facility, not less than 60 nor
					 more than 90 days after it complies with section 122  of the Public Service Law; and
(2) on a filing with respect to a gas
					 transmission facility 10 or more miles long, not less than 20 nor more than 60
					 days after it complies with section 122  of the Public Service Law.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.4 - Fund for municipal and other parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each application that proposes an
					 electric transmission facility of 125kV or more shall, at the time it is
					 provided to the secretary, be accompanied by a fee in the amount specified
					 herein:
(1) if the proposed route for the
					 facility is greater than 100 miles in length, $450,000;
(2) if the proposed route for the facility is
					 greater than 50 and up to 100 miles in length, $350,000;
(3) if the proposed route for the facility
					 would require a new right-of-way for 10 percent or more of its length and is
					 from 10 to 50 miles long, $100,000; and
(4) if the proposed route for the facility
					 would use an existing right-of-way for more than 90 percent of its length and
					 is from 10 to 50 miles long, $50,000.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.5 - Additional information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 request of the commission or the presiding officer, the applicant shall submit
					 such additional information as may be specified.
(b) Upon the motion of any party or of staff
					 counsel, or upon its own motion, the commission may order an applicant to
					 provide such additional information as the commission deems necessary or
					 desirable. A motion to the commission under this subdivision shall clearly
					 state the additional information sought and the reasons such information is
					 necessary or desirable.
(c) The
					 commission may, upon the motion of any party or of staff counsel, or upon its
					 own motion, dismiss the filing of an applicant who fails to comply with an
					 order to supply additional information.
(d) When a filing is set for hearing, any
					 motion for additional information shall be addressed to the presiding
					 officer.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.6 - Consultation with staff

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants, other parties, and all interested groups and
						persons are invited and encouraged to confer on an informal basis with the
						staff of the commission with respect to any matter related to a filing or
						proposed filing. Except as expressly provided to the contrary, neither an
						applicant, other party, interested group or person, nor the commission staff,
						shall be bound by any statement made during the course of such informal
						consultation. The commission shall not be bound without its
						consent.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.7 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
Any party or staff counsel may move to incorporate by
						reference information contained in any filing with this commission, or
						contained in any other public document. When incorporating by reference, a
						party or staff counsel shall clearly identify the material to be incorporated.
						A party shall supply to the commission, upon request, additional copies of any
						material incorporated by reference.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.8 - Content of application

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a certificate shall contain:
(a) a description of the proposed
					 facility;
(b) a statement of the
					 location of the proposed site or right-of-way;
(c) a summary and description of any studies
					 which have been made of the environmental impact of the proposed
					 project;
(d) a statement explaining
					 the need for the proposed facility;
(e) a description of any reasonable alternate
					 locations or routes for the proposed facility, including a description of the
					 comparative merits and detriments of each location or route and a statement
					 explaining why the primary location or route is best suited for the proposed
					 facility; and
(f) such other
					 information as the applicant deems necessary or desirable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.9 - Filing and content of applications for electric transmission facilities in national interest electric transmission corridors

Current through Register Vol. 46, No. 28, July 10, 2024
An application seeking approval of an electric
						transmission facility in a national interest electric transmission corridor as
						designated by the Secretary of the U.S. Department of Energy pursuant to
						section 216 of the Federal Power Act (16 U.S.C. section
						824 p) is considered filed on a date set
						forth in a letter to the applicant from the secretary, namely, the date of
						receipt of the application and any supplemental information necessary to bring
						it into compliance with all the following requirements, except any such
						requirements where the commission has granted permission to submit unavailable
						information at a future specified date pursuant to section
						85-2.3(c) 
						of this Subpart or which the commission has waived pursuant to section 85-3.3 
						of this Title:
(a) section 122  of the Public Service Law;
(b) sections
					 85-2.2
					 and
					 85-2.8  of
					 this Subpart;
(c) Part 86 of this
					 Subchapter, except that an application for the overhead portion of a
					 transmission facility need not contain the information required by:
(1) section
					 86.3(a)(1)(i) 
					 of this Title, so long as recent edition topographic maps (at a scale of
					 1:24,000) for an area of at least five miles on either side of the proposed
					 centerline are included in Exhibit 2 of this application;
(2) section
					 86.3(a)(1)(iii) 
					 of this Title, as long as Exhibit 2 maps show any known geologic, historic or
					 scenic area, park, or untouched wilderness within three miles on either side of
					 the proposed centerline;
(3)
					 section
					 86.3(a)(2)(i)-(iv) 
					 of this Title, so long as Exhibit 2 maps show the relationship of the proposed
					 facility to interconnected electric systems;
(4) section
					 86.3(b) 
					 of this Title, so long as all Exhibit 2 aerial photographs reflect the current
					 situation and specify the source and date of the photography; and
(5) section
					 86.4(b) 
					 of this Title, so long as recent edition topographic maps (at a scale of
					 1:24,000) are included in Exhibit 3 of the application and indicate any
					 alternative route considered;
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.10 - Notice of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 filing shall be accompanied by proof of service of a copy of the filing on:
(1) each municipality in which any portion of
					 the facility is to be located, both as primarily and alternatively
					 proposed;
(2) the Commissioner of
					 Environmental Conservation;
(3) the
					 Commissioner of Economic Development;
(4) the Commissioner of Agriculture and
					 Markets;
(5) the Secretary of
					 State;
(6) each member of the New
					 York State Legislature through whose district any part of the facility, as
					 primarily or alternatively proposed, would pass;
(7) the Commissioner of Parks, Recreation and
					 Historic Preservation;
(8) in the
					 event any portion of the proposed facility is located within its jurisdiction,
					 the St. Lawrence - Eastern Ontario Commission; and
(9) in the event any portion of the proposed
					 facility is located within its geographical jurisdiction, the Department of
					 Transportation, the Adirondack Park Agency, and any other State agency having
					 authority over the location of any portion of the proposed facility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.11 - Participation and intervention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The parties to a certification proceeding shall include the applicant and such
					 of the following as make timely application for participation:
(1) the Department of Environmental
					 Conservation;
(2) the Department of
					 Economic Development;
(3) the
					 Department of State;
(4) the
					 Department of Agriculture and Markets;
(5) the Office of Parks, Recreation and
					 Historic Preservation;
(6) where
					 any portion of the facility or of any alternative is to be located within its
					 jurisdiction, the Tug Hill Commission;
(7) where any portion of the facility or of
					 any alternative, is to be located within the Adirondack Park, as defined in
					 section 9-0101 (1)  of the
					 Environmental Conservation Law, the Adirondack Park Agency;
(8) the Department of
					 Transportation;
(9) any
					 municipality entitled to receive notice under section
					 85-2.10(a)(1) 
					 of this Subpart;
(10) any
					 individual resident in a municipality entitled to receive notice under section
					 85-2.10(a)(1) 
					 of this Subpart; and
(11) any
					 domestic nonprofit corporation or association, formed in whole or in part:
(i) to promote conservation or natural
					 beauty;
(ii) to protect the
					 environment, personal health or other biological values;
(iii) to preserve historic sites;
(iv) to promote consumer interests;
(v) to represent the interests of commercial
					 and industrial groups; or
(vi) to
					 promote the orderly development of the areas in which the facility is proposed
					 to be located.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.12 - Service of documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 service of documents upon parties in a certification proceeding shall be
					 governed by section
					 4.3(b)(2) 
					 of this Title.
(b) Unless a party
					 otherwise requests, the names and addresses of parties shall be placed on the
					 secretary's service list.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.13 - Consideration of issues

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the motion of any party or of staff counsel, or upon
						its own motion, the commission may provide that any issue or issues raised by a
						filing be severed from other issues and decided separately. When an application
						has been set for hearing, such motion shall be addressed to the presiding
						officer.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.14 - Consolidation of the presentations of parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The consolidation of the presentations of
					 parties with similar interests shall be governed by section
					 4.3(b)(3) 
					 of this Title; provided, however, that the presiding officer may not require
					 the consolidation of the representation of governmental bodies or
					 agencies.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.15 - Dismissal of an application

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever it shall appear that the statutory requirements
						for a certificate cannot be met, the commission may dismiss the application and
						terminate the proceedings upon the motion of any party or staff counsel, or
						upon its own motion.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-2 - Procedures with Respect to All Electric Transmission Lines and Fuel Gas Transmission Lines 10 or More Miles Long › Section 85-2.16 - Noncontested proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Upon the motion of any applicant, the
					 commission may, where it appears to be in the public interest, order that the
					 public hearing required by section 123  of the Public Service Law on an
					 application for a certificate for an underground transmission facility or for
					 an overhead transmission facility to be constructed on substantially the same
					 right-of-way as an existing facility that is to be replaced be held before the
					 commission on the application, exhibits, prepared testimony, and any other
					 information filed by the applicant and any prepared testimony, information, or
					 papers filed by any party or staff counsel, without oral testimony.
(2) A motion by an applicant for an expedited
					 proceeding under paragraph (1) of this subdivision, shall be made at the time
					 it files its application for a certificate or within 20 days thereafter. The
					 applicant shall serve a copy of the motion for an expedited proceeding and the
					 public notice required by paragraph (3) of this subdivision on each person or
					 municipality entitled to service of a copy of the filing under section
					 85-2.10  of
					 this Subpart.
(3) Not less than 30
					 nor more than 40 days after the date on which it files its application for a
					 certificate, an applicant moving under paragraph (1) of this subdivision shall
					 publish in a newspaper or newspapers of general circulation, in all the areas
					 traversed by the proposed facility, a notice:
(i) briefly describing the proposed facility
					 and the location of the proposed right-of-way;
(ii) stating that the applicant has moved
					 that the public hearing required by section 123  of the Public Service Law be held before
					 the commission on the basis of application, exhibits, prepared testimony, and
					 any other information filed by any party or staff counsel, and that oral
					 testimony not be taken; and
(iii)
					 stating that any person opposed to the granting of the certificate should,
					 within 10 days of the date of the publication of the notice, notify in writing
					 the Secretary to the Public Service Commission at Three Empire State Plaza,
					 Albany, NY 12223-1350, of the reasons for opposition.
(4) An applicant moving under paragraph (1)
					 of this subdivision shall file any written consent required under paragraph
					 (b)(3) of this section within 45 days of the date on which the applicant filed
					 its application for a certificate. An applicant who fails to comply with this
					 requirement shall be deemed to have withdrawn its motion for an expedited
					 proceeding.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-3 - Procedures with Respect to Expedited Proceedings › Section 85-3.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart:
(a)
Right-of-way
shall mean:
(1) real property that is used or authorized
					 to be used for electric utility purposes; or
(2) real property owned or controlled by or
					 under the jurisdiction of the State, a distribution utility, or a State public
					 authority including by means of ownership, lease or easement, that is used or
					 authorized to be used for transportation or canal purposes.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-3 - Procedures with Respect to Expedited Proceedings › Section 85-3.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The following applications for a
major utility
						transmission facility
, as that term is defined in section 120 (2)(a)  of
						the Public Service Law, shall, upon the request of the applicant, be subject to
						the expedited process:
(a)
					 applications for a facility that would be constructed within existing
					 rights-of-way;
(b) applications for
					 a facility that the commission determines in consultation with the Department
					 of Environmental Conservation would not result in any significant adverse
					 environmental impacts, considering the current uses and conditions existing at
					 the site; and
(c) applications for
					 a facility where expansion of existing rights-of-way is necessary for the
					 purpose of complying with law, regulations, or industry practices relating to
					 electromagnetic fields.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-3 - Procedures with Respect to Expedited Proceedings › Section 85-3.3 - Content of application

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-3 - Procedures with Respect to Expedited Proceedings › Section 85-3.4 - Procedures regarding application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The public hearing on an application
					 submitted under this Subpart required by section 123  of the Public Service Law
					 shall be held no less than 60 days and not more than 90 days after the
					 compliance determination. Following the public hearing, the hearing examiner
					 shall determine, within 30 days, whether any party has raised a substantive and
					 significant issue concerning the application and shall set a schedule for the
					 hearing of any such issues. If the hearing examiner determines no such issues
					 are raised, the applicant shall, within 30 days after the hearing examiner's
					 determination, either:
(1) initiate settlement
					 discussions; or
(2) move the
					 commission for issuance of the certificate on the basis of the application,
					 exhibits, and any other information the applicant deems relevant.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-3 - Procedures with Respect to Expedited Proceedings › Section 85-3.5 - Impacts deemed to not result in any significant adverse environmental impacts

Current through Register Vol. 46, No. 28, July 10, 2024
The following are deemed to not result in any significant
						adverse environmental impacts:
(a)
					 Visual impacts related to an increase in the height of any structures that are
					 10 feet or less or a change in the number of structures located on the
					 right-of-way, unless such changes affect a protected viewshed including:
					 landmark landscapes; wild, scenic or recreational rivers administered
					 respectively by either the New York State Department of Environmental
					 Conservation or the Adirondack Park Agency pursuant to Environmental
					 Conservation Law article 15 or Department of Interior pursuant to
					 16 USC section
					 1271; forest preserve lands; scenic vistas
					 specifically identified in the Adirondack Park State Land Master Plan;
					 conservation easement lands; scenic byways designated by the Federal or State
					 governments; Scenic districts and scenic roads, designated by the Commissioner
					 of Environmental Conservation pursuant to Environmental Conservation Law
					 article 49; designated New York State Coastal Area Scenic Areas of Statewide
					 Significance; State parks or historic sites; properties listed or determined
					 eligible for listing on the National or State Registers of Historic Places;
					 areas covered by scenic easements, public parks or recreation areas; locally
					 designated historic or scenic districts and scenic overlooks; and high-use
					 public areas.
(b) Temporary
					 construction access road stream crossings, other temporary access roads, or
					 temporary facilities to facilitate construction provided reasonable avoidance
					 or impact minimization efforts are available to assure minimization.
(c) Transient or temporary impacts related to
					 construction, such as noise, preparation and use of lay down or staging areas,
					 or air impacts, or non-transient impacts related to compliance with established
					 electric system reliability and safety standards, such as danger tree clearing,
					 so long as such impacts are mitigated to the extent practicable in accordance
					 with best practices as determined by the Department of Public
					 Service.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each exhibit shall contain:
(a) a title page showing:
(1) the applicant's name;
(2) the title of the exhibit; and
(3) the proper designation of the exhibit;
				  and
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.2 - Exhibit 1: general information regarding application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A corporate applicant shall state:
(1) name;
(2) address;
(3) telephone number; and
(4) the name and business address of the
				  principal officer of the applicant.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.3 - Exhibit 2: location of facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant shall submit detailed maps,
				  drawings and explanations showing the right- of-way for each proposed facility.
				  Such maps, drawings and explanations shall include:
(1) New York State Department of
				  Transportation maps (1:24,000 topographic edition), showing:
(i) the proposed right-of-way (with control
				  points indicated), covering an area of at least five miles on either side of
				  the proposed facility location;
(ii) where the construction or reconstruction
				  of the proposed facility would necessitate permanent clearing or other changes
				  to the topography, vegetation or man-made structures.
(iii) any known archaeologic, geologic,
				  historical or scenic area, park or untouched wilderness on or within three
				  miles of the right-of-way;
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.4 - Exhibit 3: alternatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  applicant shall submit a statement explaining what consideration, if any, was
				  given to:
(1) any alternative route;
(2) the expansion of any existing
				  right-of-way of the applicant or of another;
(3) any alternate method which would fulfill
				  the energy requirements with comparable costs. Such statement shall include the
				  comparative advantages and disadvantages of any alternative
				  considered.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.5 - Exhibit 4: environmental impact

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant shall submit a statement
				  describing any study which has been made of the impact of the proposed facility
				  on the environment. That statement shall include a description of the methods
				  employed in making that study and a summary of its findings.
(b) The applicant shall state:
(1) what changes, if any, the construction
				  and operation of the proposed facility might induce in the physical or
				  biological processes of plant life or wildlife through any permanent or
				  significant temporary change in the hydrology, topography or soil of the
				  area;
(2) what efforts, if any,
				  have been made to assure:
(i) that any
				  right-of-way avoids scenic, recreational and historic areas;
(ii) that any right-of-way will be routed to
				  minimize its visibility from areas of public view;
(iii) that any right-of-way has been planned
				  to avoid heavily timbered areas, high points, ridge lines and steep slopes;
				  and
(iv) that the selection of any
				  proposed right-of-way preserves the natural landscape and minimizes conflict
				  with any present or future planned land use;
(3) what, if any, plans have been formulated
				  to keep any right-of-way clearing to the minimum width necessary to prevent
				  interference of vegetation with the proposed facility;
(4) what, if any, schedule or method of
				  clearing the right-of-way has been formulated to take into account soil
				  stability, protection of natural vegetation, and the protection of adjacent
				  resources (including the protection of any natural habitat for
				  wildlife);
(5) what, if any, plans
				  have been made to protect vegetation and topsoil not cleared, from damage from
				  construction and operation of the facility;
(6) what, if any, provision has been made to
				  protect fish and other aquatic life from harm from the use of explosives or
				  pollutants in or near streams and other bodies of water;
(7) what, if any, pesticide or herbicide will
				  be used in construction or maintenance of the proposed facility (including the
				  volumes and manner of use);
(8)
				  what, if any, plans have been made to locate and design appurtenant structures
				  to minimize the environmental impact of the structures (including visual and
				  noise disturbance); and
(9) what,
				  if any, provisions have been made for cleanup and restoration of the project
				  area after construction.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.6 - Exhibit 5: design drawings

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall submit design, profile and
					 architectural drawings and descriptions of the proposed facility. Such drawings
					 and descriptions shall include:
(a)
				  the length, width and height of any structure;
(b) the material of construction, color and
				  finish; and
(c) a profile of the
				  centerline of the right-of-way at exaggerated vertical scale.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.7 - Exhibit 6: economic effects of proposed facility

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall submit a statement describing any
					 anticipated effects the construction or operation of the proposed facility may
					 induce in the residential, commercial or industrial land-use patterns of any
					 area adjacent to any portion of the proposed facility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.8 - Exhibit 7: local ordinances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  applicant shall submit a list of all local ordinances, laws, resolutions,
				  regulations, standards, and other requirements applicable to the proposed
				  facility, together with a statement that the location of the facility as
				  proposed conforms to all such local legal provisions, except any that the
				  applicant requests that the commission refuse to apply because, as applied to
				  the proposed facility, such local legal provision is unreasonably restrictive
				  in view of the existing technology, factors of costs or economics, or the needs
				  of consumers whether located inside or outside any particular municipality. If
				  the applicant desires the commission to refuse to apply one or more local legal
				  provisions, it shall submit a statement justifying the request.
(b) The statement of justification shall show
				  that the request cannot be obviated by design changes to the proposed facility,
				  the request is the minimum necessary, and the adverse impacts of granting the
				  request are mitigated to the maximum extent practicable. The statement shall
				  include a demonstration:
(1) for requests
				  grounded in the existing technology, that there are technological limitations
				  (including governmentally imposed technological limitations) related to
				  necessary facility component bulk, layout, process or materials that make
				  compliance by the applicant technically impossible, impracticable or otherwise
				  unreasonable;
(2) for requests
				  grounded in factors of costs or economics (likely involving economic modeling),
				  that the costs to consumers associated with applying the local legal provision
				  outweigh the benefits of applying such provision; and
(3) for requests grounded in the needs of
				  consumers, that the needs of consumers for the facility outweigh the impacts on
				  the community that would result from refusal to apply the local legal
				  provision.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.9 - Exhibit 8: other pending filings

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall state whether it has pending, or knows
					 of others who have pending, with this commission or with any other governmental
					 department or agency (State or Federal), an application or filing which
					 concerns the subject matter of the proceeding before the commission. If one or
					 more such applications or filings is pending, the applicant shall state, for
					 each application or filing pending, whether the granting of any such other
					 application or filing will have any effect on the grant or denial of a
					 certificate, and whether the granting of a certificate will have any effect
					 upon the grant or denial of any such other application or
					 filing.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 86 - General Exhibits › Section 86.10 - Exhibit 9: cost of proposed facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant shall provide a detailed
				  estimate of the total capital costs of the proposed facilities covered by the
				  application. The estimate shall show the estimated cost of:
(1) right-of-way;
(2) surveys;
(3) materials;
(4) labor;
(5) engineering and inspection;
(6) administrative overhead;
(7) fees for legal and other
				  services;
(8) interest during
				  construction; and
(9)
				  contingencies.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 87 - Exhibits For Gas Transmission › Section 87.1 - Exhibit g-1: total gas supply

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall submit a statement of the total maximum
					 daily and annual volumes of gas committed to it by contract and the maximum
					 daily and annual volumes of gas available to it from its own peak shaving or
					 local sources.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 87 - Exhibits For Gas Transmission › Section 87.2 - Exhibit g-2: market data

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  applicant shall provide:
(1) an estimate of
				  the increased volumes of gas to be delivered by operation of the proposed
				  pipeline;
(2) an estimate of the
				  volumes of gas delivered to the markets to be generally served by the new
				  pipeline during the three years immediately preceding the filing;
(3) total annual and peak day gas
				  requirements by each classification of service listed in paragraph (4) of this
				  subdivision;
(4) information about
				  total past and expected future curtailment of service by the applicant for each
				  of the following classifications of service:
(i) residential;
(ii) commercial;
(iii) firm industrial;
(iv) interruptible industrial;
(v) residential space heating;
(vi) commercial space heating; and
(vii) other types of customers; and
(5) the basic factors used in
				  estimated future requirements and the need for the new facilities, including:
(i) peak-day and annual degree-day
				  deficiencies; and
(ii) peak-day and
				  annual consumption factors for each class of consumers, with supporting
				  historical data for each major operating district.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 87 - Exhibits For Gas Transmission › Section 87.3 - Exhibit g-3: revenues; expenses; income

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the estimated revenues and expenses
				  related to a proposed facility will significantly affect the operating revenues
				  or operating expenses of an applicant, the applicant shall submit:
(1) the system-wide statement for the last
				  year preceding the filing; and
(2)
				  a pro forma system-wide and pro forma incremental statement for each of the
				  first three full years of operation of the proposed facility, showing:
(i) annual revenues and volumes of natural
				  gas, subdivided by classes of service and further subdivided by sales to direct
				  industrial customers, sales to other gas utilities and other sales;
(ii) annual operating expenses, classified in
				  accordance with the commission's Uniform System of Accounts; and
(iii) the annual depreciation, depletion,
				  amortization taxes, utility income, and resulting rate of return on net
				  investment and gas plant, including working capital.