Current through Register Vol. 47, No. 12, March 26, 2025
An applicant seeking a certificate under this section
shall comply with the requirements of Parts 85, 86, and 88 of this Title,
except for the following:
(a) Maps
submitted pursuant to section
86.3 in Exhibit 2 of this Title
shall be recent edition topographic maps (at a scale of 1:24,000) for an area
of at least three miles on either side of the proposed centerline. Maps must
distinguish existing right-of-way (as of date of filing) from any new
right-of-way required to construct and operate the facility. The exhibit shall
include a statement explaining what new right-of-way would be used and why such
new right-of-way is necessary for the construction or operation of the
facility.
(b) Applications subject
to section
85-3.2(a) or (c)
of this Subpart that propose to rebuild, replace, or upgrade existing
transmission facilities in existing rights-of-way or proposed new facilities to
be built in existing, expanded and/or new rights-of-way that will not result in
any significant adverse environmental impacts shall be exempt from the
following requirements:
(1) Section
86.5(a) and (b)
of this Title, except that the applicant shall submit a statement describing
the environmental impact of the proposed facility on the environment, including
the following:
(i) a detailed description of
the environmental conditions at the site and the current uses of the site and
any facilities or structures located thereon;
(ii) a summary of any studies which have been
performed of the environmental impact of the project and copies of such
studies;
(iii) a description of the
planned construction work and identification of the potential environmental
impacts associated with construction and operation of the facility, including
potential impacts to wildlife and their habitat and agricultural uses on and
adjacent to the right-of-way or site;
(iv) a draft plan or plans demonstrating the
construction practices the applicant would utilize in order to minimize or
avoid significant adverse environmental impacts to the right-of-way and
adjacent areas;
(v) a draft plan
for the clean-up and restoration of the site following construction;
and
(vi) a vegetation management
plan or plans.
(2)
Section 86.5(a) and (b)
of this Title, except that the applicant shall submit a statement describing
the environmental impact of the proposed facility on the environment, including
the following:
(i) a detailed description of
the environmental conditions at the site and the current uses of the site and
any facilities or structures located thereon;
(ii) a summary of any studies which have been
performed of the environmental impact of the project and copies of such
studies;
(iii) a description of the
planned construction work and identification of the potential environmental
impacts associated with construction and operation of the facility, including
potential impacts to wildlife and their habitat and agricultural uses on and
adjacent to the right-of-way or site;
(iv) a draft plan or plans demonstrating the
construction practices the applicant would utilize in order to minimize or
avoid significant adverse environmental impacts to the right-of-way and
adjacent areas;
(v) a draft plan
for the clean-up and restoration of the site following construction;
and
(vi) a vegetation management
plan or plans.
(3)
Section 88.5 of this Title, unless the
applicant expects the effect of the proposed project on communications to be
different from the effect produced by the existing facilities.
(4) Section
88.6 of this Title, unless the
applicant expects the future operation of the facility would have an effect on
transportation systems that would be different from the effect of the existing
facilities.
(c)
Applications subject to this Subpart shall be exempt from the requirement of
section 88.4(a)(4) of
this Title to provide a New York independent system operator study if no such
study is required for the proposed project.
