N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-1.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 85-1.3 - Filing and service of applications

(a) An application to construct a fuel gas transmission line which is less than 10 miles long, other than as described in section 85-1.2(a) of this Subpart, or section 120 (2) of the Public Service Law, shall contain:

(1) the information required by:

(i) section 85-1.2(a) of this Subpart; and

(ii) section 85-1.2(c)(2) of this Subpart;

(2) a description using text and detailed construction-type map (at a scale of 1 inch = 400 feet, or larger) showing the centerline and the specific relationship of the line to such features as:

(i) sensitive resources which will be affected by the line, as defined in section 85-1.2(a)(3) of this Subpart;

(ii) property boundaries, fences, walls and hedgerows to be crossed; and

(iii) any dwelling within 150 feet;

(3) a statement explaining the need for the line, including:

(i) a demonstration that a market[FN12] (or specific purchaser) for the gas will exist;

(ii) where the applicant will serve retail customers, a demonstration that gas supplies will be adequate to serve existing and potential consumers during the first 10 years of the line's operation; and

(iii) a showing (if well-drilling is not contemplated in conjunction with the line) of the improvements in system reliability, capability, safety or benefits offered by the line; and

(4) any other information the applicant considers relevant.

(b) The applicant shall file and serve the application, in accordance with the requirements of section 3.5 of this Title and serve one copy each on:

(1) the central office and the appropriate regional offices of:

(i) the Department of Environmental Conservation;[FN13] and

(ii) the Department of Transportation;13

(2) the Commissioner of Agriculture and Markets;

(3) the State Archeologist;

(4) the State Historic Preservation Officer;

(5) any other State agency which has authority to administer and enforce compliance with any legal provision listed in response to the requirement of subparagraph (a)(1)(ii) of this section; and

(6) the chief executive officer of every municipality in which any portion of the line is to be located.[FN14]

(c) Proof of service shall accompany the application.

[FN12] Where such a demonstration is made in another proceeding, either before this commission or the Federal Energy Regulatory Commission, that demonstration may be supplied.

[FN13] Before serving copies, the applicant should contact the appropriate regional office to obtain the name and address of the official who should be serviced.

[FN14] Provision of additional copies directly to county and town planners, and county, town, city or village highway superintendents, will expedite the certification process.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-1.3