NO Handbook: Procedures ibr Filing a Notice of Intention (NOI) ibr the

Certliation of Gas Transmission Facilities, Augus4 1995

NO1 HANDBOOK

Procedures for Filing a Notice of Intention (NOI) for Certification of

Gas Transmission Facilities

o 1000 ft. to 5 miles long, o 6 in. or less diameter, and o 125 psi or greater

Pursuant to Article VII, Sec. 121-a.2 of the Public Service Law

and 16 NYCRR Subpart 85-1.2

August 1995

NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE Office of Energy Efficiency and Environment

3 Em~ire State Plaza - p~

Albany, New York 12223-1350 518 474-1611

TABLE OF CONTENTS page

I. OVERVIEW

11. PROCEDURE FOR FILING NO1

111. CONTENTS OF THE NO1

IV. GAS SAFETY FILING REQUIREMENTS

V. APPENDICIES

A. Planning Resources

B. Laws and Regulations

C. Example of NO1 Filing

D. Example of Letter Certifying EM&CS&P

E. Example of Commission Order

I. OVERVIEW

In 1970, Article VII was added to the Public Service Law. It requires a company to first obtain a Certificate of Environmental Ccmpatibility and Public Need (Certificate) from the Public Service Commission (Commission) before constructing a major utility transmission facility. The Legislature's intent was to provide a forum for resolving matters surrounding the location and permitting of such facilities and to minimize associated environmental impacts. The Commission must find, among other things:

"that the facility represents the minimum adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives, and other pertinent considerations. . . " Both electric and gas transmission facilities are

covered by Article VII; for these purposes, major gas transmission facilities are defined as those extending a distance of 1,000 feet or more and with a pressure of 125 psi or more. However, Section 120 of the law provides that facilities located wholly underground in a city or wholly within a right-of- way of a state, county, or town highway or village street, or which replaces an existing transmission line less than one mile in length are exempt from the law.

In 1981, Article VII was revised, with the addition of Section 121-a, to decrease the processing time for smaller gas lines. It establishes two subordinate filing levels:

- Notice of Intention (NOI) (Sec. 121-a.2) - for gas lines: 1,000 feet to 5 miles long and

6 inches or less diameter - Application (Sec. 121-a.3) - for gas lines: 5 to 10 miles long

This booklet outlines the the required regulatory procedures for companies wishing to construct NO1 scale gas transmission facilities as defined in Section 121-a.2.

In addition, copies of the applicable sections of the law (Article VII Sections 120, 121, and 121-a), and regulations (16 NYCRR Subpart 85-1)--the sources of the filing procedure--are attached for reference.

11. PROCEDURE FOR FILING NO1

The following points outline the submittal and approval process for NO1 gas lines.

1. Send one original and four copies of the NO1 to the Secretary of the Public Service Commission (3 Empire State Plaza, Albany, NY 12223-1350. (Its contents are outlined in section 111, below.)

2. Include a cover letter to the Secretary stating the sections of the law and regulations under which the NO1 is submitted. (Sec. 121-a.2 and Subpart 85.1.2)

3. Serve a copy of the NO1 on the chief executive officer of each affected municipality, and provide proof of service (notarized statement or mail receipt) with the NO1 filed with the Commission. To expedite review, provide additional copies to municipal and county planners, highway superintendents, regional offices of relevant permitting agencies like DEC or DOT, and the county Soil and Water conservation District.

4. Along with the NOI, file two copies of the Environmental Management and Construction Standards and Practices (EM&CS&P) the applicant plans to use. This document may be the applicant's or another company's Commission-approved EM&CS&P or the Department of Public Service staff's EM&CS&P.

5. Include a certified statement agreeing to construct and maintain the facility in accordance with the chosen Commission-approved EM&CS&P, if not already on file.

6. The Commission has 14 days from receipt of the NO1 to notify the applicant in writing of any deficiencies in its NO1 along with direction on how to comply.

7. Within 30 days of receipt of a complete NOI, the Commission shall determine whether the public interest requires a more thorough review and so notify the applicant. If none is required, the Commission shall issue a Certificate authorizing construction within that 30 day period. Failure by the Commission to act within this time period shall constitute certification, (Section 121-a.6).

8. If the Commission finds a more thorough review is required, it shall render its decision within 60 days of receipt of a complete NOI; if a hearing is required, the Commission may extend this time period, (Section 121-a.7). At the end of the 60 day period or hearings, the Commission will issue or deny a Certificate.

111. CONTENT OF NO1

The contents of the NO1 are specifically enumerated in 16 NYCRR Subpart 85-1.2--the regulations establishing the application procedure pursuant to the law. Applicants should refer to the original language of the law and regulations, however, the requirements are listed below for convenience.

Subpart 85-1.2 (a)

(1) Date of intended start of construction, (factor in time for Commission review);

(2) Description and location of the line using text and topographic map (USGS or NYSDOT 7.5 min. quad sheet) at a scale of 1:24,000 (1 inch equals 2,000 feet), with a legend. Text and/or graphics (as appropriate) to include :

(i) length and diameter, including markers required by paragraph 9 of App. 14-K of 16 NYCRR Part 255;

(ii) depth (and cover) ;

(iii) maximum allowable operating pressure (psig);

(iv) right-of-way width;

(v) clearing width;

(vi) known underground facilities to be crossed or paralleled;

(vii) name or permit numbers of wells connected to the 1 ine ;

(viii) points of connection with other pipeline(s), including diameter and owner of same;

(ix) existing and proposed access roads and any associated compressor stations;

(x) for new or expanded compressor station, include a site development plan, (see regulations for contents); and

(xi) list of all municipalities in which the facility is located.

(3) Checklist of those measures and techniques from the approved EM&CS&P applicable to the project (see example in sample NOI) to be followed to minimize adverse impact on the following resources:

(i) residential, commercial, industrial, institutional, recreational, and agricultural land uses, (existing and approved);

(ii) ecosystem resources: including highly erodible soils, wetlands, floodplains, streams and their DEC classifications, springs, wells, unique old- growth forests, active sugarbushes, productive timber stands, trees listed in the "Registry of Big Trees in New York State", and habitats of rare, threatened and endangered species;

(iii) officially designated visual resources: including scenic areas, roads, vistas and overlooks;

(iv) officially designated cultural resources: including archaeological and historic sites

(4) Name, title, and qualifications of contact person(s), responsible for the project and those with stop work authority. Include addresses and phone numbers.

Subpart 85-1.2 (c)

Subpart 85-1.2(c) provides an opportunity for an applicant to request that it construct and operate the line "without obtaining a permit from any other State agency, municipality or agency thereof." It goes on to list a number of submission requirements. This provision has created confusion in the past because Section 130 of the Public Service Law already prohibits other state agencies or municipalities from approving, permitting, or requiring any conditions for construction of a major transmission facility. However, that section of the law does not exempt applicants from complying with the provisions of other laws or regulations. Subpart 85-1.2(c) of the regulations was intended to refer to such compliance, not to the receipt of other permits.

Therefore, if the applicant wishes the Commission to exempt it from compliance with other laws or regulations it believes to be unreasonably restrictive, it must submit those items listed in 85-1.2(c)(2) and (3), and serve the material as outlined in paragraph (d). Otherwise, or without Commission approval to the contrary, the applicant is required to comply with all applicable state and local laws and regulations, but is not required to obtain any other permits pursuant to those laws.

IV. GAS SAFETY PILING REQUIREMENTS

In addition to the environmental submission described above, applicants must also file certain reports and comply with the engineering and safety standards set forth in 16 NYCRR Part 255--Transmission and Distribution of Gas. Section 255.9 contains the regulations governing design, construction, and testing of gas gathering lines, and Sections 255.301 through 255.327 cover general construction requirements for steel transmission lines.

The regulations require that the following forms be filed with the Department of Public Service, Energy and Water Division:

1. Appendix 7-D Form A: REPORT OF SPECIFICATIONS OF PROPOSED CONSTRUCTION OF GAS PIPELINE TO BE SUBJECTED TO PRESSURE OF 125 PSIG OR MORE;

2. Appendix 7-G: NOTIFICATION OF CONSTRUCTION FOR GAS GATHERING LINES TO BE SUBJECTED TO PRESSURE OF 125 PSIG OR MORE;

3. Appendix 7-G(a) must be included for lines that pass through areas used for commercial farming purposes. Both 7-G and 7-G(a) need to be provided to the indivdual affected farmland operators and the local County Soil and Water Conservation District at least 48 hours before the start of construction. (As noted above under NO1 Procedure, the Soil and Water Conservation District should be notified earlier for the purposes of environmental review.)

Although not part of the NO1 pursuant to Section 121-a, these forms may be submitted along with the NO1 for convenience. If the applicant chooses to submit these separately, it must be within the time limits specified in Parts 255.9(c) or 255.302--at least 30 days before construction. (For lines with less that 125 psig--not subject to 121-a--the limit is 48 hours before construction.)

APPENDIX A: PLANNING RESOURCES

1. NYS Department of Environmental Conservation regional offices (attached): for stream, wetland and other ecosystem information

2. NYS DEC Natural Heritage Program: for threatened, rare, and endangered species and habitats

- 700 Troy Schenectady Road Latham, NY 12110-2400 (518) 783-3932

3. NYS Department of Transportation regional offices (attached).

4. NYS DOT Map Information Unit - State Campus, Bldg 4, Rm. 105 Albany, NY 12232 (518) 457-3555

5. NYS Office of Parks, Recreation, and Historic Preservation: for cultural, historic, and archaeologic information

- 1 Empire State Plaza Albany, NY 12232 (518) 474-0449

6. County Soil and Water Conservation District office: for information about soils and agricultural resources. A directory of local offices is available from:

- NYS Soil and Water Conservation Committee 1 Winners Circle Albany, New York 12235

7. Local municipal and county offices - for zoning, planning, tax map, planning, and visual resource information

i d

Unltrd States A n y Corps of Englneers Department o l the Army ATTN: Chlef, Regulatory Branch Department of Envlronrnrntrl Consrnrtlon Reglonrl Olficrs New York Dlstrlct, Corpo of Engineers Dlvlslon 01 Regulatory Affrlrs 28 Federal Plaza, New York, N.Y. 10278 Telephone (212) 2844184 REGION 6-DRA

Slate Oftlce Bulldlng DEC Reglons 1, 2, 3, 4, 5 317 Waehlngton Slreet

Watertown. N.Y. 13601 Department of the Army (315) 7852245 REGION 5-DRA ATTN: Chlef, Regulatory Branch Bulfalo Dlstrlct, Corpo of Englneero SUB-OFFICE-DRA 1778 Nlagara St., Buffalo, N.Y. 14207 State Office Bulldlng

Telephone (718) 876-5454 207 Gonesee Street Utlca, N.Y. 13501 SUB-OFFICE-DRA

DEC Reglonr 8, 7, 8, 9 1 (315) 793-2555 Hudson Street Extension

Department of the Army ATTN: Chlel, Regulatory Branch Plttsburgh Dlstrlct. Corps ol Englneers Wllllam S. Moorehead Federal Bulldlng REQION 4-DRA 1000 Llhrty Ave.,

2178 Qullderland Ave.

Plttsburgh. PA. 15222 Telephone: (412) 644-6872 Portlons o l Allegany, SUB-OFFICE-DRA Cattaraugur and Route 10. Jefferson Road

Chautauqua Countles Stamford, N.Y. 12187 EalON I-DRA

615 Erie Boulevard W REGION 3-DRA 21 South Putt Corners Ro;

-SUB-OFFICE-DRA New Paltz. N.Y. 12561

SUB-OFFICE-DRA PO Box 5170, Flsher Ave. (914) 255-53

128 South St. Cortland. N.Y. 13045 Olean, NY 14760 (607) 753.3095 (716) 3720845

i t a t e o f Mew York Department o f State :oastal Zone Hanagement Program L62 Waehington Ave. REGION 2-DRA (New York City) Ubany; N.Y. 12231 Hunters Polnt Plaza REGION 1-DRA lelephone: (518) 474-6000 4740 2131 Street SUNY Campus

Long Island Clty. N.Y. 11101 Bulldlng 40 =-- Plttsburgh Dlstrlct (718) 4824997

Stony Brook, N.Y. 11794 Corps of Engineers (518) 751-7900

R B (w/Regional Directors)

1. Richard A. Maitino 84 Holland Avenue Albany, N.Y. 12208 (518) 474-6178

2. Alan Bloom Utica State Office Bldg. 8. 207 Genesee Street utica, N.Y. 13501 (315) 793-2447

3. Charles E. Moynihan Syracuse State Office Bldg. 9. 333 East Washington Street Syracuse, N.Y. 13202 (315) 428-4351

4. Lewis M. Gurley 10. 1530 Jefferson Road Rochester, N.Y. 14623-3161 (716) 272-3310

5. Robert J. Russell Buffalo State Office Bldg. 11. 125 Main Street Buffalo, N.Y. 14203 (716) 847-3238

6. Francis Gerace 107 Broadway Hornell, N.Y. 14843 (607) 324-8405

James F. Carrigan Dulles State Office Bldg. 317 Washington Street Watertown, N.Y. 13601 (315) 785-2333

Albert J. Bauman 4 Burnett Blvd. Poughkeepsie, N.Y.

12603-2594 (914) 431-5750

Richard R. Church One Marine Midland Plaza Binghamton, N.Y. 13901 (607) 773-7736

James Kuzloski NYS Office Bldg. Veteran's Memorial Hghwy. Hauppauge, N.Y. 11788 (516) 360-6632

M. Michael Francese one Hunters Point Plaza 47-40 21st Street Long Island City, N.Y.

11101 (718) 482-4526

. . . . . . . . . W E O A W . . . 8 . . . . . . . . . . . . . . I R W M E a . . . . . . . . . . . . . . H O N X I I . . . . . . . . c ~ n ~ mvoln 6 . . . . . . . . . . . . CAVUOA 1 . . . . . . CHIUTAUWA. . 6 . . . . . . . . . . . . CHEMUllD 6 . . . . . . . . . . . . . . . . . . . . . . . CHEWMOO CUNTON . a 1

. . . . . . . . . . . . C O L U M A . . . . . . . . . . . cmnAm .1 . . . . . . . . . D W W M E . . .# . . . . . . . . . . WTCHESS.. I . . . . . . . . . . . . . . ERIE.. ESSU . . . . . . . . . . . . . . . . 6 I

. . . . . . . . . FRAHUN. . . l

. . . . . . . WWOOMERY. . 1 . . . . . . . . . .

. . . . . . . WSSAU.. . I0 NEW VORX... I 1

. . . . . . . . . . . . . M m A 6 . . . . . . . . . . . ONUOA

. . . . . . . . . I

0NON)AOA.. 3 . . . . . . . . . . .

. . . . . . . . . . . . . . ONTARIO.. 4 ORAllDE a

. . . . . . . . . . . . . . . . . . . . . . . OUEE YS

. . . . . . . . . . . RENSSOAEI I

. . . . . . . RICHMOHI I I RCCKUND.. . a . . . . . . ST. UWRENCZ. 1

. . . . . . . . SAmTffiA I . . . . . . . MHENKTAOV. . I

. . . . . . . . . SCHOHARIE . a . . . . . . . . . SCWYLLII . . 6

. . . . . . . . . . . . . . SENECA 3 STEUBEN SUPFOLK.. . . . . . . . . . . . . . . . . .) 10

. . . . . . . . . . SUUIIVAN.. a n a i ~ . . . . . . . . . . . . . . 6 TOMPNNa.. . . . . . . . . .l ULSTER . . . . . . . . . . . . . . I

. . . . . . . . . . WARREN.. I . . . . . . . . WASMNOTON 1

. . . . . . . . . . . WAYNE.. 4 . . . . . . WESTCHESTER. I

WYMLlllD . . . . . . . . . . . . 4 . . . . . . . . . . V A T . . . a

REGIONAL MAP NEW YORK STATE DEPARTMENT OF TRANSPORTATION

APPENDIX B: LAWS and REGULATIONS

1. Public Service Law, Article VII, Sec. 120, 121, 121-a, (attached) .

2. Regulations: 16 NYCRR Subpart 85-1, (attached).

3. Regulations: 16 NYCRR Part 255, Appendices 7-D, 7-G, and 7-G(a), (attached). The text of Part 255 can be obtained from the Energy and Water Division of the Department of Public Service.

ARTICLE VII-SITING OF MATOR UTILITY TRANSMISSION FACILITIES

Sealon 120. Definitions. 121. Certificate of environmental compatibility and public need. 1214. Procedures with respect to certain fuel gas transmission lines. 122. Application for a certificate. 123. Hearing on application for certificate. 124. Parties to certification proceedings. 125. Conduct of the hearing. 126. The decision. 127. Opiion to k itsued with decision. 128. Judicial review. 129. Jurisdiction of courts. 130. Powers of municipahties and state agmcia.

Iimolld Note W e n 7. A former article 7 rehted to he powar of ibc Mmopoli-

w s renumkd mkle 9 by 11930. r lm Division of th Depurment of Public 792. 5 2. Savicc, l d authorities in atia of over

A prior utidc 7, fmnerly uricle 6. l.RXJ.000 inhb6lm~ uul the Boud of sddcd 11921, r 134. f 6P. TMdt Contml md wrr rep.Ld by 7 11930. 792.5 1 -*d by L1941. r m, 5 112. dl. Apr. 28, 1941. L1931. c 49. 5 1; L1935, r 657, f 1.

-- --

W E F l U W ~ L I c r c u c h WESTLAW supplancuts hkKh&s Conmlidated t w s of New York and is us& for additionel rruuch. Enter a atation in InstaCite for display of an parallel citations and case history. Enter a statute citation in a caw ~ n w &tabare for cars of in-

Example quay for Ins!aCik IC 403 N.YS.Zd 123 Example quay for New York Connitution: N.Y.Coxst. Const. Conrtitu- tion /7 6 VI + 3 3 Example queries for statue "Public Savice Lag /8 66 ~. uc the WESMW ElecPonic Revvch Guide following the -lam-

tion.

g 120. D c f h l l t l ~ ~ ~ Whae used in this article, the following terms, unless the contat

othawisc requires, shall have the following meanings. 364

LfiILXTY TRANSMISSION FACILITIES m.

I. "Municipality" means a county, city, town or village in the state.

2. "Major utility transmission facility" means: (a) an electric line of a design capacity of one hundred twenty-five

kilovolts or more extending a distance of one mile or more, or of one hundred kilovolts or more and less than one hundred twcnty- five kilovolts, extending a distance of ten miles or more, including associated equipment, but shall not include any such transmission line located wholly underground in a city with a population in acess of one hundred twenty-five thousand or a primary trans- mission line approved by the federal energy regulatory commission in connection with a hydroelectric facility, and (b) a fuel gas uansmission line extending a distance of one thousand feet or more to be used to transport fuel gas at pressures of one hundred twenty-five pounds per square inch or more, excluding appurtenant facilities, but shall not include any such transmission line which is located wholly underground in a city or wholly within the right of way of a state, county or town highway or village street as those tarns are defined in article one of the highway law and article six of the village law, or which replaces an &sting t n m m h i o n line, including appurtenant facilities, and extends a distance of less than one mile.

3. "Person" mcans any individual, corporation. public benefit corporation, political subdivision; governmental agency, municipal- ity, partnership, cooperative d t i o n . eust or estate.

4. 'Appurtenant facilities" mcans i d a t i o n s (excluding gas compressors) which arc merely auxiliary or appurtenant to a fuel gas transmission line such as: valves; drips; measuring and regw lating equipment: yard and station pipins; cathodic proteaion equipment; gas cleaning; cooling and dehydration equipment: re- sidual refining equipment; water pumping treatment and cooling equipment: electrical and communication equipmenr and build- * (Mdd L1970, c. 272, 5 2; d e d L1972. c 461. 5 1; L1981. c 538. % 1. 2.)

mission line'' for "gas transmission facil- ity". "at pressures of one hundred twen. ty-five pounds per square inch or more. excluding appurtenant facilities." for "at pressures in excess of one hundred twen- ty-five pounds per square inch." and "line which is" for "facility" and inserted "or wholly within the right of was of a state. county or town highway or village street as thov terms are defined in mi. cle one of the highway law and anicle six of the village law, or which replaces an existing transmission line. including appuncnant facilities, and extends a dis- tance of less than one mile".

SUM. 4. L1981. c. 538. 5 2. added ruM. 4. See Codification note above. EfirUn Due of Amendment by L19B1, c S3Lk AppUublllty. Amend- ment by Ll981. c. 538, cffmive July 15, 1981, inapplicable to applications pend- iag at cuch time. pumuat to d o n 6 of L1981. c 538, set out as a note under d o n 121-0 Bthdtve hrr Seaion effective July

1. 1970. p u r w n t to L1970, c. 272. 5 7. F- hedon 120. A fo- su-

tion 120 was renumbered d o n 150. bgldmth Fbdbp. Section 1 of

L1970. c 272. cff. April 29. 1970. provid- ed: The lcghhturr hcrrby finds d dcckrrrthttkrrisatprrrcntdwill continue to be a p x d n g need for public utility vrviccr includiag e l d c . gas, w n c ~ .ad stam utilities which will rr- quire he wnmuction of major new fa- dlitia It is t h t such facili- t i a annot be built without in some way diecting he physical environment w b m ruch hdlitia u+ k t e d . The Ic+hmrc frarbcr finds that it is -- tirl in he public in- to minimize m y ad- effect upon thc mvironmmt .ad upon thc quality of life of thc people of the rute which mcb new Utia might auy. nu leg*khuc frarbcr finds that pracnt pmdar. pmccsdioOI dkwrrrkringtoheloationofruch U t y fdlitia may be iuadcqumte to protat mvironmmtal d u e * d uke into account he total cost to socim of & facilities, d h v e d t e d in dc- kyr in new conamdon d in-

PUBLIC SERVICE h\y 'Ln.vn

in costs whlch are eventually passed ,, to the people of the state in the form ,I higher utility rates and the pOrrible threat of the inability of the public I M investor-owned utilities to meet needs of the people of the state for po nomic and reliable utility services. F, thennorc. the kos la tm finds that a. ing provisions of law do not pro* adequate opportunity for individ* groups interested in c o n s e ~ t i o n 4 the protection of the environment, m, nicipalitics and other public bodies lo panicipate in timely fashion in the d e . sion to locate a s@c major facility u a specific site. The kgkhture theref- hvcby declares that it shall k the plr. pore of this act to provide a forum fn the expeditious resolution of all nunm concerning the location of electric a gas umsmkion facilities presently up der the juridiction of multiple state a I d v a e s including the c o w of & r u t e , a n d d l m a . a m o f r u t c a a d l ~ law, in a single p r d n g to which a. c a r will k open to citizens. grow municipllities and other public .gmcis to enable them to participate in thac decisions. The l e @ s l a ~ funher finds thu

there is a need for thc stae to control the sitiw of t h d e l d c pn

r c r d s t a m f a c i l i t i a w i t l l i n t h c ~ e in order to minimize uly ad- &a on the environment which rhoc fdlC tia may o a u i o n but t h t the formvt tion of -mcb legislation requires cord- ution with, m d the active soliciutioa d the views of. incaoted persons aad plb Lic and private bodiu c o d with the various upecP of thc problem. Therefore. a temporary state commic sion is hvcby established to in- pracnt siting war of utility m m p nia with regard to locating major ficili. tia. the considerations which should be brought to bur in making sucb dai. don* thc appropri.te rute prmdum which r h d d be established to rrsrJuc d determine tbe siting of rucb fa& tia d to propcue legidation in rhir ua to he licg*lnu at the llincreen hvndrad m n t y o n e d o n "

WLITY TRANSMISSION FACILITIES Art. VII

New York Codu, Rulu and ReguLcloru

Additional defin~tions, see 16 NYCRR 85.1.

Amcriun DLgm System Regulation of public utilities in general, see Public Utilities -1 et seq.

EncyclopcdL Public utilities; definitions and runre, see C J S . Public Utilities 5 2.

W E S r U W R d Public utilities tucs: 317ak[add key number].

5 121. Ca-UfIcate of environmental compatlbillty and publtc need

1. No person shall, after July first, nineteen hundred seventy, commence the preparation of the site for the construction of a major utility transmission facility in the state without having fim obtained a certificate of environmental compatibility and public need (hereafter in this article called a "cmificate") issued with respect to such facility by the commission. The replacement of existing with like facilities. as determined by the commission, shall not constitute the construction of a major utility transmission facility. Any facility with respect to which a certificate is required shall thucafw be buiit, maintained and opcratcd in conformity with such certificate and any tcrms, limitations or conditions con- tained therein. A certificate may only k issued pursuant to this article.

2. A certificate may be transferred, subject to the approval of the commission, to a person who agrees to comply with the terms. limitations and conditions contained therein.

3. A certificate issued hereunder may be amended as herein provided.

4. This article shall not apply to any major utility nanrmirsion facility:

a. For which, on or Wore July first, nineteen hundred seventy an application has bem made for a licuru, pmnit, consent or approval from any f e d d , state or local commission, agency, board or regulatory body, in which application the location of the major utility transmission facility hPs becn designated by the applicant;

b. The conztrunion of which has becn approved by a municipal- ity or public benefit corporation which has sold bonds or bond anticipation notes on or Wore J d y h, nineteen hundred SeVmq, the procads or pan of the proceeds of which arc to be used in payment therefor; or

367

PUBLIC SERVICE LAW An. M

c. Over which any agency or department of the federal govern. ment has exclusive jurisdiction, or has jurisdiction concurrent with that of the state and has exercised such jurisdiction, to the exclusion of regulation of the facility by the state.

5. Any person intending to construct a major utility trans mission facility excluded from this article pursuant to subdivision four may elect to waive arch exclusion by delivering notice of such waiver to the commission. This article shall thereafter apply to each major utility transmission facility identified in such notice from the date of its receipt by the commission. (Added L.1970. c. 272. 5 2.)

M a l Note EffeUlve Dur Section effective July Former W o n 121. A former rcc

1, 1970. pursuant to L1970. c. 272. 5 7. tion 121 wrr rcnrunkcd 151.

Environmcnul impact statement, applimbiity of -nts uc ECL 5 rcolll.

Cenifiatcs of m v i r o n m d compatibility d public need. uc irnmlly, 16 NYCRR FM 85 a rcq.

humcc of ocnifiutcs d permits W y . uc 16 NYCRR FM 21. .. -w-by.rcm

Environmental impan statement; -ty for gmaation d P.nrm*rion of Jeeuidty, rse Holth d Envirommt -2S.10(62).

Regulation of public d t i m ccnifia.ta. permits d h m h k s , uc Public Utilities -1 13. -

Rcplluion of public d t i a in g a e d , rsc CJS. Public Utilllier 5 12 n up. P of uate m v i m d impact rutrment or rrpoh uc US

RL4 Hal& d Environmmt 5 119. WESrUwp....rch

Hut& d mvironmmt suer 1994.dd k y a&]. Public utilltia sua: 3 1 7 U d d k Y nrunkl.

1. hutlalathdm r u l c p m v i r i o m o f C o n a ~ ~ 9 . 5 1 a This aniclc . u b r i h g Public Scnia r a ( , ~ r h L v l i d e i s ~ l a w r e

c # , ~ u , p , ! c a r i f i a c e o f m v i . luingmmurcnofarbrunri.lstatce~o ronmenul eompu~bity d public nod c a n buty v. Public Scrvia b utillw -on f d t y i s not um bmmhion. 1972, 39 MZd 311. 334 wnaituiiod u in violation of home

368

UTILITY TRANSMISSION FACILITIES m m N.YSld 434. affirmed 31 N.Yld 843. 340 N.YS2d 161. 292 N.E.2d 303.

8 121-a. Procedures with -pa to certain fuel gan tram- &Ion ltnes

1. All persons who intend to construct fuel gas transmission lines as described in this section shall file with the commission for its approval the standards and practices which will be applied to environmental management and construction of all such lines or shall file a certified statement agreeing to construct such lines in accordance with standards and practices on file and approved by the commission.

2. A notice of intention to construct a fuel gas transmission line as described in subdivision two of section one hundred twenty, which extends a distance of less than five miles and which is six inches or less in nominal diameter, shall be filed with the commis- sion and shall contain:

(a) the date on or about which the applicant intends to begin construction of the line;

(b) a brief statement describing and locating the line;

(c) an indication of the approved environmental management and construction standards and practices that will be followed in an effon to minimhe or avoid advcrse,ivironmental impacts to the maximum extent practicable.

A copy of such notice shall be served on cacb municipality in which any portion of such line is to be locatcd and proof of sewice shall accompany the notice filed with thc commission

3. An application to construct a fuel gar transmission h e as described in subdivision two of section one hundred twenty, which extends a distance of less than ten miles, otha than a line described in subdivision two of this section, shaU be filed with the c ~ m m i s sion and shall contak

(a) the information rcqumd by paragraphs (a), (b). (dl and (fl of subdivision one of section one hundred twenty-twa;

(b) the description of the ecosystem, lPnd use, visual and ~~ resources which would k by tbe line, Pnd

(c) an indication of the approved environmental management and construction rtsndnrds md practices that will k followed in an dfoR to minimkc or .void ad;- environmental impacts to thc maximum extent practhble.

369

5 121-a PUBLIC SERVICE h v n

A copy of such application shall be served on: (i) the department of environmental conservation; (ii) the department of agricultun and markets; and (iii) each municipality in which any portion of such line is.to be located; and proof of service shall accompany the application filed with the commission. The commission shall xrve a copy of such application on such other person or entities as the commission may deem appropriate. Such action shall be deemed compliance with the applicable provisions of section one hundred twenty-two of this article. The applicant, the commission and those served shall constitute the parties notwithstanding the provisions of section one hundred twenty-four.

4. If the notice or the application filed pursuant to subdivisions two or three of this section respectively does not comply with the requirements of such subdivision, the commission or its designee shall. promptly. but in no event more than fourteen days from the date on which it receives the notice or application, advise the person in writing of noncompliance and how to comply.

5. Any pmon may file comments on an application with the commission. The record of the certification proceeding under subdivision seven may be limited to the appli~ation, any comments filed by the parties and any report prepared by the Raff of the department of public service, whether or not it acts as a parry.

6. Upon receipt of a notice with respect to a fuel gas trans- mission line that complies with subdivision two of this d o n , the commission shall, within thirty days or less, determine wucthcr t h m is a substantial public interest requiring that the facility be reviewed in acmrdanfc with the provisions of subdivision seven of this d o n . If the commission determines that such review is not required it shall issue a certificate authorizing such construction. Failure to act within such thitty day period shall constitute a certificate for the purpose of this article. If the commission deter- mines that such review is required, the commission shall serve a copy of the notice which shall constitute the application, on such person or entities as the commission may deem appropriate and which shall be deemed compliance with the applicable provisions of section one hundred twenty-two of this article. The applicant and such persons or entities shall constitute the parties, the provisions of seaion one hundred twenty-four notwithstanding.

7. The commission sball render a decision upon the record 4 t h sim days from the date on which it receives an application complying with subdivision three or within sixty days from the date on which it receives a notice complying with subdivision two on which it has made a determination that review under this subdivi-

370

mIUTY TRANSMISSION FACILITIES Arc. VI1

sion is in the public interest. Where the commission has required a hearing it may extend the time required to render a decision. In rendering its decision on a notice filed pursuant to subdivision two and reviewed under this subdivision, the commission is required to find and determine only that the construction of a fuel gas trans. mission line will minimize or avoid adverse environmental impacts to the maximum extent practicable. In rendering its decision on an application filed pursuant to subdivision three, the commission shall make only the determinations required by paragraphs (a), (b). (e), (0 and (g) of subdivision one of section one hundred twenty-six. (Added L.1981, c. 538, 5 3.)

ii*torlcd Note

Effective Dace; Applldlllty. See. effect immediately [July 15. 19811, pro. tion 6 of L1981. c. 538. provided: This vided, however. that the provisions h m - act [adding this section and amending of shall not apply to applications pend- sections 120. 123. and 1241 shall fake ing at the time this am becomes a law."

Whits for Plrumiuion filings, rce 16 NYCRR PM 87. General proccdura. ue 16 NYCRR Pan 85.

Ubruy Rcferalca8

-MFnsyrtam Environmental impact artement: necessity for generation and DPlurnirrion of

electricity, uc Hulth and Environment -25.10(62). Gas mains. p i p , and appliices. rce Gas 09. Regulation of public utilities: ccnifiota. permits. and franchises, see F'ublic

Utilitia -113. h ~ c l o p d h

Regulation and conrml of gas in general, see U S . Gas 5 3 et seq. Replation of public utilities in genml. wc CJS. Public Ulilitia 5 12 et uq. Requirements of state environmental impact statement or repon. wc CJS.

Health and Environment 5 119. W E S r U W ~

Gas -. 190kjdd key numkrl. Health and environment our: 199k[add key number]. Public Utilities aur: 317akIdd key number].

8 122. Appllation for a d c o t c -

1. An applicant for a certificate shall file with the commission an application, in such form as the commission may prescribe, containing the following information: (a) the location of the site o r rightof-way; (b) a description of the transmission facility to be built thereon: (c) a summary of any studies which have been made of the environmental impact of the project, and a deJcription of

41 -13 371

CHAPTER I RULES OF PROCEDURE

SUBCHAPTER G

Certificates of Environmentrtl Compatibility and Public Need

PART 86 Qeneral Procedures 88 QeneralExhlblta ~ ---. ~~

87 Exhlblta tor Gas Trensmisslon 88 Exhlblb tor Electric Ransmission FUiags

PART 85

QENERAL PROCEDURES

(Statutory authority: Public Service Law. %4[1], 120,121-a. 122[l][f], 123[11,126.126[11)

Subpart 86-1 Procedures with Respect b Gas Ransmisslon Lines Less than 10 Miles Long

Subpart 86.2 Procedures with Rsspect b ~ l l Elecmc Trensmisslon Ltnea and Fuel Gas TRnsmisslon Lines 10 or More Miles Long

Elsbrlcal Note Part (W 1.1-86.16) ffled July 13. 1970: renurn.

Subpart86-2, ffled July 13,1884eff. Oct. 1,1884.

Sutlon 85.1 Elsbrlml Note

Sec. ffled July 13.1870; renurn. 86-2.1, ffled July 13,1884 eff. Oct. I. 1884.

85.2 Elsbrlcal Note

See. ffled July 13. 1870; amd. filed Jan. 18,1871; renurn. 86-2.2, ffled July 13.1884 eff. Oct. 1.1884.

85.3-85.8 HLsbrlcal Note

Secs. ffled July 13. 1870; renurn. 86-2.3-86-2.8. ffled July 13.1884eff. Oct. 1.1884.

Hlstorlcal Note See. ffled July 13. 1WO; repealed, ffled June 12,

1872.

Elsbrlcal Note See. flled July 13. 1970; amd. filed Jan. 18,1871;

renurn. 86-2.10, ffled July 13.1884 eff. Oct. 1,1884.

85.11-85.15 Elsbrlcal Note

Secs. ffled July 13. 1870; renurn. 66-2.11-86- 2.16, ffled July 13,1864 eff. Oct. 1,1884.

85.16 HLsbrlcal Note

See. ffled Aug. 23, 1971; amd. ffled Nov. 17, 1872; renurn. 86-2.18. ffled July 13,1864 eft. Oct. 1.1884.

TITLE 18 PUBLIC SERVICE

SUBPART 85-1 PROCEDURES WITH RESPECT TO GAS TRANSMISSION

LMES LESS THAN 10 MILES LONG See. See. 8-1.0 Definitions 86-1.4 Determination of line length and 86-1.1 Environmental management and con- system contlguration

structlon standards and practices 8-1.5 Determlnatlon of noncompliance 8 1 . 2 Contenl. flllne and service of 86-1.6 Review of notices of Intention -

notices of Intention 861.7 Review of applications 8-1.3 Content, filing and service of

appllcatlons

Historical Note Subpart ($6 86-1.0-86-1.7) filed July 13. 1984 elf.

OCt. 1,1B%.

Section 85-1.0 Detinitions. A s used in this Subpart, unless the context requires otherwise:

(a) applicant means a person who files any NO1 or application;

(b) application means a document filed under section 86-1.3 of this Subpart;

(c) EM&CS&P means environmental management and construction standards and practices Ned under section 85-1.2 or 86-1.3 of this Subpart;

(d) fuel gas transmission line (line) means a pipeline extending a distance of 1,000 feet or more, to be used to transport fuel gas at pressures of 126 psig or more, excluding appurtenant facilities,l but shail not include any such transmission line which is located wholly underground in a city, or wholly within the right-of-way of a State, county or town highway or village street, as those terms a s defined in article one of the Highway Law and article six of the village law, or which replaces an existing transmission line, including appurtenant facilities, and extends a distance of less than one mile;

(e) municipality means a county, city, town or village;

(f) NOI means a notice of intention filed under section 85-1.2 of Uiis Subpart;

(g) person means any individual, corporation, publlc benefit corporation, political subdivision, governmental agency, municipallty, partnership, cwperative association. trust or estate;

(h) pipeline means a line which transport gas at any pressure;

(1) psig means pounds per square inch gauge;

(j) PSLmeans the New Pork Public Service Law: and (k) R/Wmeans right-of-way, which is an easement-acquired or fee-owned corridor in

which a gas transmission facility is located. Historical Note

Sec. filed July 13.1984eff. Oct. 1.1984.

85-1.1 Environmental management end construction standards end practicas. All persons who i n t e ~ d to construct fuel gas transmission lines as described in this Part shall:

(a) file two copies of the EM&CS&P that will be followed to protect and mlnirnize impact to the environment during installation and maintenance of all such lines; and

(b) file two copies of a certified statement agreeing to install and maintain such lines in accordance with EM&CS&P approved by the commission.

Historical Note See. flled July 13.1984eff. Oct. 1. 1984.

' Appurtenant facilities are detIned in Public Service Law, section 120(4)

46.4 PS 7-31-85

CHAPTER I RULES OF PROCEDURE

85-1.2 Content, filing and wrvlce 01 notlces of intention. (a) Any NO1 filed by an applicant to construct a fuel gas 'transmission h e less than five miles long and six inches or less in nominal diameter shall contain:

(1) the dates on or about which the applicant intends to begin construction of the line;

(2) a brlef statement descrlbing and locating the h e (using text and a topographic map at a scale of 1:24,000 - 1 inch = 2.000 feet - or largerwith legend). including:

(1) its length (and the nominal diameter of its segments), including markers required by paragraph B of Appendix 14-K of 16 NYCRR Part 265; '

(il) depth a t which pipe wlll be burled;

(IU) maximum allowable operating pressure (psig);

(iv) R/W width;

(v) width of any area to be cleared:

(vi) any known underground facilities to be crossed or paralleled;'

(vll) name or permit number of any wells to be connected to the line:'

(vW) the point where the line connects to another pipeline (giving the nominal diameter of such h e and the owner's name);"

(ix) existing or proposed access roads to be used for construction and mainten- ance of the h e and any associated compressor station;'

(x) for any new or expanded compressor station,' a site development plan (at a scale of a t least 1 inch = 20 feet), showing: location; setbacks to property lines; structures (giving profile, materlals and finish); grading and landscpaing; drainage provisions; number, type, size and model of the compressor(s) and silencer(s); and the rnaterlals and design of any noise abatement structures; and

(xi) the name of every municipality in which any portion of the line is to be 1ocated;a

(3) an indication of which measures and techniques from the approved EM&CS&P to which the appllcant has agreed (or any site-specific modification thereof) will be followed in an effort to minimize or avoid adverse environmental impact on sensitive resources affected by the line(s) to the maximum extent practical, which resources include:'

(1) existing and officially approved planned residential, commercial, industrial, institutional, recreational and agricultural land usesi5

This item shall be shorn on the map, whlch shall cover the entire project area. ' The applicant shall pmvlde the name, title and qualifications of the company representatives

dlrectly responsible tor seeing that all environmental requirements are fully met. ' Concerning agricultural land use, the applicant shall, in carperation with the landorner(s) and

Soll and Water Conservation Dlstrict, consider both actlve and inactlve fields. Active and inactive fiebla, by definition, are cropland, rotatlon hayland and cropland, hayland, livestock grazing areas. orchards and vineyards. The applicant shall also identlfy those areas containing practices tor agrlcultural resources management, including strip-cropping, diversion terraces, underground We drain lines, surface drainage ditches, and waste management conveyance and storage systems.

6 85-1.2 TITLE 16 PUBLIC SERVICE

(U) ecosystem resources, Including highly erodible soils,' wetlands, flood plains, streams, sprhgs, wells, unlque old-growth forests, active sugarbushes, productive Umber stands,' trees listed in the Registry of Big Trees i n New York State and habitats of rare, threatened and endangered species (from wetlands on, these re- sources can be identified in cooperation with the landowner and the Department of Environmental Conservation);

(H) offlcially designated visual resources,' Including scenlc areas, mads, vistas and overlooks; and

(iv) offlcially designated cultural resources,' including archaeological sites and historic districts, places and properties.

(b) The applicant shall file an original (Including orlginal topographic map) and four copies of the NO1 with the commission, and sewe one copy on the chief executive offlcer of every municipality in which any portion of the line is to be located.' Proof of service shall accompany the copies filed with the commksion.

(c) If an applicant wishes to construct and operate a line without obtaining a permit from any other State agency, munlcipallty or agency thereof, the NO1 shall contain, in addition to the information required by subdivision (a) of this section:

(1) a request that the line@) Included In it be reviewed under gectlon 86-1.8 of this Subpart;

(2) a list of applicable State and local laws and regulations issued thereunder, including copies of any local ordinance, law, resolution or other action, any regulation issued thereunder, or any local standard or requirement that, 8s applied to the llne, the appllcant belleves to be unreasonably restrictive in view of the existing technology, factors of cost or economics or the needs of consumer^;^^ and

(3) a request that the commission make the determination set forth in section 126(l)(f) of the Publlc ServiceLaw.

(d) If the NO1 contains the request set forth in paragraph (c)(l) of this section, the applicant shall serve one copy on each State agency which has the authority to admin- ister and enforce compliance with any legal pmvidon cited in response to the require- ment of paragraph (cH2) of this section. The applicant shail serve the commissioner unless an agency has regional offlces; in such case, a copy shall be sent only to the regional offlce." Proof of servlce shall accompany the copies filed with the commission.

Ebtorlcal Note Sec. flled July 13,lgsl en. Oct. 1,1D&.

' To aid In the selection of measures and techniques for minizimlng adverse environmental lmpact on the mil's resource, the appllcant ahould contact the county omce of Vle U.S. Department of Agriculture. SOU Conservation Service. to identify the mU type@) and alope(a) and respective LLmila- Uons. Including the depth of the topmil, depth fmm aurlace to bedmck, and mll drainabillty. ' Productive timber atand8 are viable or potential commercial forest standa composed of sapllnga

(0-5 Inches In dlameter), poles (8.11 Inches In dlameter) and/or mature trees (12 Inches plus In dlameter). ' Designated and llsted by the State, county, tom, clty or Incorporated village. Thia Includes

llstlnga by the State Historic Preservation Offlcer and the National and State Registera for historic and cultural sites. ' Pmvlslon of additional coplea directly to county and town planners, and eounty, town, clty or

vlUage Nghway auperlntendents, w i l l expedite the CertUIcaUon pmceae. " To satiefy thls requirement, a Ust of State and local permlts wlll usually be aufflcient. Thls lIat

might include wetland permits, stream-cmsalng permits, med-cmsalng permita, or any other State or municipal permit. The appllcant'a flllng of a mad-cmaalng permit form with the Department of Transportation does not alter the cornmbaion'a jurlsdlction as the ultlmate declaionrnaldng authorlty with respect to the sitlng of fuel gas tranamisalon Unes.

Before tillng coplea with the commisaion, the appllcant should contact the appmprlate reglonal offlce to obtaIn the name and address of the offlcial who ahould be served.

CHAPTER I RULES OF PROCEDURE 5 85-1.3

8s-1 .a Content, iillng and service ot applleations. (a) An application to construct a fuel gas transmission line which is less than 10 miles long, other than as described in section 86-1.2(a) of this Subpart, or section 120(2) of the Public Service Law, shall contain:

(1) the information required by:

(1) section 86-1.2(a) of this Subpart; and (ii) section 86-1.2(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 86- 1.2(a)(3) of this Subpart;

(ii) property boundaries, fences, walls and hedgerows to be crossed; and (iii) any dwelling within 1W feet;

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

(1) a demonstration that a market (or specific purchaser) for the gas will exist; (ii) where the applicant wlll serve retail customers, a demonstration that gas

supplies wlll be adequate to serve existing and potential consumers during the first 10 years of the line's operation; and

(Ui) 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 flle an original (including original topographic map) and four copies Of its application with the commission, and serve one copy each on:

(1) the approprlate reglonal offices of:

(1) the Department of Environmental Con~ervation;~ and (U) the Department of Tran~portatton;~

(2) the Commissioner of Agriculture and Markets;

(3) the State Archeologist;

(4) the State Historic Preservation Otficer;

(6) any other State agency which has authority to administer and enforce compli- ance with any legal provision listed in response to the requirement of subparagraph (a)(l)(U) of this section; and

(8) the chief executive omcer of every municipality in which any portion of the line Is to be located." . . .

(c) Proof of service shall accompany the copies filed with the commission. HLstorlcal Note

See. Wed July 13, lssleff. Oct. 1,1884.

m e r e nuch a demomtration is made In anotherpmceeding, either before this commlsalm or the Fedaral Energy Regulatory Commission, that demonstration may be aupplled.

Before servlng copies, the applicant ahould contact the approprlate regional oftice to obtain the name and address ot the otllclal who ahould be serviced. " Pmvlslon of addltlonnl copies directly to county and town planners, and county, town, city or

village hlghway nuperintendento, will expedlte the certitlcatlon pmcess.

5 85-1.4 TITLE 16 PUBLIC SERVICE

85-1.4 Determlnstion of Une length and system c o d i ~ t i o n . (a) In calculating the length of a line to determine whether an application or NO1 should be filed:

(1) the length of a well line shall be measured from the trap or separator a t the well to the point at which the gas being transported from the weU commingles with other gas; and

(2) the length of any other line shall be measured from the point at which gas leaves one pipeline to the point a t which it enters another pipellne.

(b) Any NO1 or application shall include every line then planned for a proposed system. A system includes all lines tying into a common point leadlngto market, which is usually a meter site, but may be a regulator station or compressor site. The type of document submitted will be determined by the length of the longest line i n c l ~ d e d . ~

Hlsbrical Note See. filed July 13,1984 eft. Oct. 1,1884.

85-1.5 Determination of noncompllence. II any NO1 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 Uie noncompliance and how to comply.

Hlstorleal Note See. filed July 13, 1884 eft. Oct. 1.1884.

85-1.6 Review of notlces of intention. (a) Upon receipt of any NO1 that complies with section 85-1.2 of this Subpart and which does not contain a request that it be reviewed under section 86-1.7 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 86-1.7.

(b) If the commission determines that review under section 86-1.7 of this Subpart is not required, it will certify the proposed line. Failure to act within 30 days wlll constitute a certificate.

(c) If the commission determines that review of any line@) is required under section 86-1.7 of this Subpart, it will conduct such review, serving copies of the NO1 on other appropriate persons.

(d) If any NO1 complles 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 substantlal publlc interest will be deemed to exist and the commission will review the line under section 86-1.7.

Hlstorlcal Note Sec. filed July 13.1884 eft. Oct. 1,1884.

85-1.7 Review of appllestlon8. (a) Any person may file comments with the com- mission on any application. The record of the certification proceeding may be limited to the application, any comments thereon filed within 16 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 NO1 reviewed under this section.

Hlstorlcal Note See. filed July 13.1884eff. Oct. 1.1884.

" The document filed should Include a map showlng all llnes anticipated lo be part of a glven system, even though not proposed for const~ctton at the time of the current filing.

APPENDIX 7-D FORM A

STATE OF NEW YORK PUBLIC SERVICE COMMISSION

REPORT OF SPECIFICATIONS OF PROPOSED CONSTRUCTION OF

GAS PIPELINE TO BE SUBJECTED TO PRESSURE OF 125 PSIG OR MORE 255.302

(Submitted in Triplicate)

Gas Corporation Date

Route: From To

New Construction Reconstruction

Counties traversed

Towns traversed

Cities traversed

Incorporated villages traversed

Estimated date: Start of construction

Completion of construction

Identity of line (gas corporation name or number)

Required filing: The following maps, sketches, and drawings shall be

filed with, and as part of, this report:

( a ) Three sets of current U.S. Geological Survey maps (7-1/2 or

15-minute) sufficient to show the entire route of the proposed

construction or reconstruction and an area of one mile on either

side of the route. The route of the construction or

reconstruction shall be clearly indicated thereon, and

Appendix 7-D Page 1

(b) Three sets of strip maps and design drawings showing details of

the proposed construction or reconstruction.

NOTE: Where more than one construction design factor is used, the

specifications relative to each shall be separately listed.

Where necessary, supply the requested information on attached

sheets identified by the Roman numeral, number, and letter

designation of the item on this form.

I. General

1. Length

2. Nominal outside diameter, "D", inches

3. Nominal wall thickness, "t", inches

4. Type and/or grade of pipe

5. Manufacturer of steel

6. Manufacturer of pipe

7. Type of longitudinal joint

8. Specified minimum yield strength, psi

9. Nominal ultimate strength, psi

10. Is pipe new or used

11. If used pipe is employed, describe the inspection and

reconditioning.

12. Mill test pressure, psi

13. Maximum certified operating pressure, psi

14. Calculated pipe stress (hoop stress)

Where - PD = stress, psi 2t

15. Ratio of pipe stress to yield strength, percent

Appendix 7-D Page 2

16. Check of pipe specifications:

(a) Are the physical and chemical specifications of pipe

to be verified by outside laboratories?

(b) By whom?

17. (a) By class locations, what percentage of the welds are

to be radiographed?

(b) By whom?

(c) How will gas corporation certify the radiograph

technician?

11. Fabrication

What inspection procedures will be followed for detection of

gouges, grooves, and dents for:

(a) Factory coated pipe

(b) Field coated pipe

111. Railroad, Road, and Water Crossings

1. Railroad crossings

(a) List, giving location

(b) Indicate whether cased or not; if not cased, provide

reason

2. Street or road crossings

(a) List, giving location

(b) Indicate whether cased or not

(c) Indicate if heavier wall carrier pipe used

3. Lake, river, stream, or creek crossings

(a) List, giving location

Appendix 7-D Page 3

(b) Describe any special construction.precautions to be

followed

4. Pipeline encroachments

(a) List any encroachments to railroads by location

(b) List any encroachments to roads in which special

construction precautions will be employed; identify

by location

IV. Valves

1. Manual valves

(a) Number of sectionalizing valves

(b) Spacing of sectionalizing valves

2. Type, make, and location of any automatic valves to be

used

3. Blowdown procedure

(a) Describe method

(b) Number, size, and location of blowdown valves

(c) Estimated blowdown time for each section of pipeline

V. Minimum cover

If minimum prescribed cover cannot be maintained, indicate

location, nature of problem, and special precautions to be

observed.

Appendix 7-D Page 4

VI. Exposed piping and self-supported spans other than on gas

corporation property

1. Number of instances

2. Location of each

3. Reasons for exposed piping

4. Total length in each instance

5. Length of each self-supported span

6. Precautions taken (signs, fences, etc.)

7. What special precautions taken

VII. Corrosion control

1. Type of field coating:

(a) For pipe (if not factory coated)

(b) For girth welds and fittings

2. Type of test of coating before backfill

3. Type of test of coating after backfill

4. Proposed cathodic protection

VIII. Pressure and leakage tests

1. Test pressure

2. Test medium

3. Duration of test

4. Length of test sections

5. What is the source of water supply used?

6. How and where is water disposed of after test?

IX. Purging of pipelines and mains

Description of purging procedure by class location.

Appendix 7-D Page 5

X . Route of Pipeline . .

1. Has gas corporation obtained necessary R/W from each party

having interest in R/W? If not, what is status?

2. Has gas corporation obtained formal approval and all

necessary permits from governmental agencies? If not,

what is status?

XI. Class locations

Supply full information for entire length of pipeline to

indicate basis of determination of class. location of each

segment thereof in accordance with 16 NYCRR 255.5.

X . Odorizing provisions

1. Type of equipment to be installed

2. Type of odorant to be added

3. Threshold perception to be achieved (percent of L.E.L.)

Appendix 7-D Page 6

APPENDIX 7-G (cf. Part 255)

NOTIFICATION OF CONSTRUCTION FOR

GAS GATHERING LINES TO BE SUBJECTED TO PRESSURE OF 125 PSIG OR MORE

OR FOR GAS GATHERING LINES TO BE LOCATED IN AN AREA USED FOR COMMERCIAL FARM PURPOSES

Company Date

Description of Project

Location of Project (file a copy of the map filed with the Article VII application)

Estimated Starting Date

Estimated Completion Date

Person to be Contacted Regarding Project

Address

Telephone No.

Maximum Allowable Operating Pressure

Location Class*

If the line is to be constructed within 150 feet of an existing structure used for a residence or place of business that portion of the line must be constructed to transmission line standards. Under these circumstances, contact the Albany Office of the Gas Division prior to contruction: (518) 474-5453.

Appendix 7-G Page 1

Pipe & Coating Description

a. Nominal Diamater

b. Nominal Wall Thickness

c. Pipe Specification

d. Grade

e. Coating Type

f. Method of Application

g. Longitudinal Joint Type

Test Data:

a. Test Medium

b. Duration

c. Test Pressure

Name and mailing address of affected farmland operators:

Name Mailing Address

Minimum Cover

For each area used for commercial farm purposes complete Appendix 7-G(a), including the statement of the farmland operator and a copy of a map showing each farmland border, nearest public road and the proposed route of the gathering line. Indicate the proposed depth of cover for all segments of the line and respective length of each such segment.

If minimum prescribed cover cannot be maintained, indicate location, nature of problem, and special precautions to be observed.

I hereby certify that this gathering line will be constructed to the requirements of subdivision 9(h) of 16 NYCRR Part 255.

(Signed) Officer of corporation

Appendix 7-G Page 2

APPENDIX 7-G (a)

MAP OF AN AREA USED FOR COMMERCIAL FARM PURPOSES AND

REVIEW OF THE PROPOSED DEPTH-OF-COVER BY THE FARMLAND OPERATOR

(To be completed for each affected farmland area, as denoted under "Minimum Cover" in Appendix 7-G)

Name of Farmland Operator for the Affected Area:

Location of Affected Farmland Area:

(Nearest public road, Town, County)

Review Information

In areas actively cultivated for commercial farm purposes, as identified by the farmland operator, all pipe shall be installed with a minimum of 40 inches of cover. The farmland operator may allow less than 40 inches of cover if less conforms with normal agricultural practices and planned agricultural engineering projects. The farmland operator may require a depth-of-cover greater than 40 inches where necessary to safely accommodate such practices and projects.

Farmland Operator: I am aware that the local Soil Conservation gent- is available to discuss with me, prior to executing this document, depth-of-pipeline cover compatible with safe practices and standards of the U.S. Department of Agriculture, Soil Conservation Service, contained in the National Handbook of Conservation Practices and its National Engineering Manual. I have reviewed and have a copy of the proposed map (attached hereto) of the line across my farm.

Date (Signed) Farmland Operator

USDA, Soil Conservation Service employee or County Soil and Water Conservation District employee.

Appendix 7-G (a)

APPENDIX C: EXAMPLE of NO1 FILING

June 29, 1988

Secre tary K e l l i h e r S t a t e o f New York Pub l i c Serv ice Commission B u l l d ing 3 Empire S t a t e Plaza A l bany. NY 12223

Dear Secre tary K e l l i her:

Please f i n d enclosed a copy o f Cranberry P i p e l i n e Corpora t ion 's n o t i c e o f i n t e n t i o n t o cons t ruc t a n a t u r a l gas p i p e l l n e . The r e p o r t i nc ludes a map o f t h e USGS Penn Yan Quad showing t h e l o c a t i o n o f approximate ly 14700 f e e t o f proposed 2" p i p e l i n e t o be cons t ruc ted I n t h e Town o f Benton i n Yates County, New York. Const ruc t ion i s expected t o beg in i n approximate ly f o u r weeks from t h e t ime you rece i ve t h e ma i l i ng .

Could your o f f i c e please rev iew these proposed rou tes t o determine i f t h e r e are any h i s t o r i c a l , environmental, archaeological o r o t h e r s p e c i f i c areas t h a t should be noted o r avoided? Your ass is tance i n t h i s mat te r w i l l be g r e a t l y appreciated.

Should you have any quest ions o r d e s i r e any a d d i t i o n a l i n fo rma t ion , p lease f e e l f r e e t o contac t me a t t h e below s ta ted address o r phone number.

S incere ly .

, Steven Lindeman D i s t r i c t Superintendent

S L l c j o Enclosure

TELEPHONE: 41UOZZ-I 1 1 3

STATE OF NEW YORK

PUBLIC SERVICE COMMISSION

NOTICE OF INTENTION TO CONSTRUCT A

NATURAL GAS P I P E L I N E

BY

CRANBERRY P I P E L I N E CORPORATION

I N THE TOWN OF BENTON

YATES COUNTY

NEW YORK

JUNE 29. 1 9 8 8

PART I - NOTICE & F I E L D SUMMARY

PART I1 - APPENDIX 7G and 7GA

PART 111 - CHECKLIST FOR STANDARDS AND PRACTICES FOR ENVIRONMENTAL MANAGEMENT AND CONSTRUCTION

PART I NOTICE OF INTENTION TO . -

CONSTRUCT A NATURAL GAS PIPELINE I N THE TOWN OF BENTON YATES COUNTY. NEW YORK

JUNE 29. 1988

Pursuant t o A r t i c l e V I I , sec t i on 121-a(6) o f t h e New York Pub l ic

Serv ice Law. Cranberry P i p e l i n e Corporat ion hereby requests a

C e r t i f i c a t i o n o f Environmental Capabi li ty and Pub1 i c Need under Sect ion

85-1.6 of 16 NYCRR. Chapter I. Subchapter G. by serv ing i t s n o t i c e t o

cons t ruc t approximate ly 14,700 f e e t of 2" p l a s t i c p i p e l i n e i n the Town o f

Benton i n Yates County. New York. This system i s designed t o operate a t

a maximum o f 160 ps ig . This system i s being constructed t o gather gas

f rom the Noah M a r t i n # I (31-123-20571) and from the Emily Barden #1

(31-123-20539) t o be t ranspor ted t o a 10 i n c h New York Sta te E l e c t r i c and

Gas P ipe l i ne .

Desc r ip t i on

Cons t ruc t i on of t h i s p i p e l i n e i s scheduled t o begin on approximately

August 15, 1988 pending the Pub l i c Serv ice C o n i s s i o n approval and

Consol idated Rai 1 Corporat lon pe rm i t approval submi t t e d t o Consol idated

R a i l Corpora t lon on May 13. 1988. This p i p e l i n e w i l l be constructed on a

maximum c leared r i g h t o f way o f 40 fee t . The p i p e l i n e w i l l be bu r ied

w i t h a minimum o f 40 inches o f cover and w i l l be constructed p r i m a r i l y i n

open a g r i c u l t u r a l f i e l d s w i t h the except ion o f 4500 f e e t o f brush area.

P i p e l i n e markers w i l l be i n s t a l l e d as per Sect ion 9, appendix 14K of 16

NYCRR P a r t 255.

Taking i n t o cons ide ra t i on the heavy s o i l p r o f i l e f o r t h i s area and

the major dependence o f bo th above ground and underground drainage

systems, the proposed rou tes have been selected. w i t h the guidance of

landowners, t o min imize the d is turbance o f these ex i s t i n g f a c i l i t i e s and

t o accomdate f u t u r e ones.

The proposed p i p e l i n e (see map I) w l l l be constructed i n t h e Town o f

Benton. and w i l l begin a t the Noah M a r t i n #1 (31-123-20571). The

p i p e l i n e w i l l leave the w e l l and t r a v e l approximately 600 fee t south

a long t h e eas t s ide o f the w e l l s e x i s t i n g access road. The p i p e l i n e w i l l

then t u r n and head eas t f o r approxlmately 1,500 f e e t a long t h e n o r t h s ide

o f Lown Road. The p i p e l i n e r o u t e then heads south e a s t e r l y where i t runs

through approxlmate ly 1.000 fee t o f wooded area and then cont inues f o r

400 f e e t where i t i n t e r s e c t s F l a t S t ree t . A t t h i s p o i n t the p i p e l i n e

w i l l c ross F l a t S t r e e t and i n t e r s e c t s w i t h t h e p i p e l i n e which heads

approximate ly 1,000 f e e t no r theas te r l y t o t h e Emily Barden #1 w e l l

(31-123-20539). A f t e r t h i s i n t e r s e c t i o n t h e p i p e l i n e w i 11 cont inue f o r

approximate ly 1,700 f e e t where i t i n t e r s e c t s Consol idated R a i l

Co rpo ra t i on ' s r a i l r o a d 11 ne. The pipe1 l n e w i 11 cross t h e r a i 1 road 1 i n e

and a drainage d i t c h and then cont inue e a s t e r l y f o r 800 fee t . The

p i p e l i n e w l l l then t u r n south and head approximately 4.500 f e e t passing

through approxlmate ly 2.500 f e e t o f scrub brush and woods j u s t p r i o r t o

i n t e r s e c t i n g and c ross ing Clay Road. Once t h i s p i p e l i n e has crossed t h e

road i t w i 11 t u r n and head eas t through appromimately 1.000 f e e t of woods

con t i nu ing a t o t a l o f 3.200 f e e t along the southside o f C lay Road. The

n a t u r a l gas l i n e ends on t h e west s ide o f Pre-Emption Road and t i e s i n

w i t h a master meter t o a 10 i nch New York S ta te E l e c t r i c and Gas p i p e l i n e .

Copies o f t h i s n o t i c e have been served on the New York S ta te

Department o f Environmental Conservation; the New York S ta te Department

o f Transpor ta t ion ; t h e New York S ta te Department of A g r i c u l t u r e and

Markets; t h e New York Sta te O f f l c e of Parks. Recreatlon. and H l s t o r l c a l

Preservat lon; t h e D l v l s l o n o f Envlronmental Plannlng and the Gas

I n v e s t l g a t l o n D l v l s l o n o f the New York Sta te Pub l i c Serv lce Commlsslon;

the New York S ta te Commlsslon o f Commerce: t h e Secretary o f State;

Yates County Leg ls la tu re : Yates County Extenslon Servlce; Yates County

S o i l and Water Conservat lon D l s t r l c t ; Yates County Department o f Hlghway;

Yates County Plannlng Board; Town o f Benton Supervlsors and Town of

Benton Zonlng O f f i c e r .

Road c ross lng app l l ca t l ons f o r F l a t Road and Clay Road are be lng

prepared f o r t h e Yates County Hlghway Department. Ra l l road c ross lng

perml t has been subml t t e d t o Col so l l d a t e d Ral 1 Corporat lon.

Cranberry P l p e l l n e Corpora t lon w l l l cons t ruc t t h l s p l p e l l n e system i n

accordance w l t h Unlon D r l l l l n g ' s rev1 sed Standards and Prac t lces o f

Envlronmental Management on f l l e and approved by the Pub l l c Serv lce

Commlsslon. Enclosed I n Pa r t I11 o f t h l s f l l l n g I s t h e l l s t o f

l n d l v l d u a l s d l r e c t l y repsons lb le f o r seelng t h a t a l l envlronemntal

requirements a r e f u l l y met. P a r t 111 o f t h l s f l l l n g a l s o Inc ludes a

c h e c k l l s t o f a l l envltonmental practices t o be used du r lng the

c o n s t r u c t i o n o f t h l s p l p e l l n e system.

This proposed p l p e l i n e w i l l no t cross o r p a r a l l e l any known

underground f a c l 11 tl es.

Access t o p l p e l i n e w l l l be a long e x i s t i n g we l l access roads.

e x l s t l n g landowner access roads and a long the p l p e l l n e r l g h t o f way.

PIPELINE FIELD SUMHARY

WELL NAME & PIPE APPROX. ROAD LAND NVMBER .sm FOOTAGE CROSSING DESCRIPTION

N. M a r t i n #1 2" 13700 F l a t s t r e e t A g r i c u l t u r a l (31-123-20571) Clay Road

E. Barden #1 2" 1000 None A g r i c u l t u r a l (31-123-20539)

WELL NAME & HLMU

STREAH OR WETLAND CROSSING

TIE-IN POINT

N. M a r t i n #1 Drainage Di t c h NYSEG Master Meter (31-123-20571) East Side o f

Rai 1 road Crossing

E. Barden #1 None (31-123-20539)

N. M a r t i n #1

C e r t i f i c a t e o f Serv ice

I hereby c e r t i f y t h a t on June 29, 1988. I served on each o f the p a r t i e s o r persons designated he re in a copy o f t h e "Cranberry P i p e l i n e Corpora t ion No t i ce of I n t e n t i o n t o Construct a Natura l Gas P ipe l i ne " by depos i t i ng a copy hereof i n the Un i ted States Ma i l , c e r t i f i e d and postage prepaid, t o t h e addresses s p e c i f i ed below:

Secretary K e l l i her ( o r i g i n a l and 2 cop1 es) S ta te o f New York Pub l i c Serv ice Commi ss ion B u i l d i n g 3 Empire Sta te Plaza A1 bany, NY 12223

New York S t a t e Department o f Environmental Conservat ion D i v i s i o n o f Regulatory A f f a i r s 6274 East Avon-Lima Road Avon. New York 14414 A t t n : M r . W i l l i a m McGregor

New York S t a t e Department o f Transpor ta t ion New York S ta te Route 414 Watkins Glenn, New York 14851 At tn : M r . Gordon Reimels

New York S t a t e Department o f A g r i c u l t u r e and Markets Bui l d i n g and S ta te Campus Envi ronmental Resources U n i t A1 bany. New York 12235 A t tn : Louise A. I n g l i s

New York S t a t e O f f i c e o f Parks. Recreat ion, and H i s t o r i c Preserva t ion , Bureau o f F i e l d Serv ices One Empire S t a t e Plaza Albany. New York 12238 c / o M r . Bruce Fullem. Sr. S c i e n t i s t s Archaeology

New York S ta te Pub l i c Serv ice Commission D i v i s i o n o f Environmental Planning 3 Empire S t a t e Plaza Albany. New York 12223 c /o M r . Malcolm Bishop

New York S t a t e Pub l i c Serv ice Commission Gas I n v e s t i g a t i o n D i v i s i on 3 Empire S ta te Plaza A1 bany. New York 12223 A t t n : M r . Gavin N i c o l e t t a

M r . Ronald J. Moss New York S ta te Conmlssioner o f Conmerce Twin Towers 99 Washington Avenue Albany. New York 12245

Gal 1 5. Schaf fe r Secretary o f S ta te 162 Washington Avenue Albany, New York 12231

Yates County L e g i s l a t u r e 226 Main S t r e e t Penn Yan. New York 14527 A t tn : L e s l i e L. F i t zwa te r

Yates County Extension Serv ice 110 Cour t S t r e e t Penn Yan. New York 14527 A t tn : John H. M a r t i n i

Yates County S o i l & Water Conservat ion D i s t r i c t 110 Cour t S t r e e t Penn Yan. New York 14527 A t tn : P a t r i c k H. F lynn

Yates County Department o f Highways 939 Route 14A Penn Yan. New York 14527 At tn : Gordon M i l l s

Yates County Planning Board 431 L i b e r t y S t r e e t Penn Yan. New York 14527 A t t n : Robert H. Schwarting

Town o f Benton Supervl sor 1766 Route 14A Penn Yan. New York 14527 A t tn : Rodman W i 1 1 lams

Town o f Benton Zoning O f f i c e r 158 East Lake Road Penn Yan, New York 14527 A t tn : Roger He lb lg

STATE OF PENNSYLVANIA COUNTY OF ALLEGHENY, to-wi t:

The foregoing instrument as acknowledged before me th fs 29th day o f June. 1988 by Daniel R. Steffy. Operations Manager o f Cranberry Pi pel i ne Corporati on. Corporati on.

(1' L U c l i i 4 ~ u& .JY-

Notary Pub1 i c

- -.r - -- ..

I 2l 1 1: . I; iji - I I'

1 I . I'

I -

I: 1: \ \I

I . _ - E . 5 -

I ~~ - ~ \.~ ~ . . ~ -

4796

li * - -1 I -. tk I,

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. . . 1

PENN YAN 7.5 MIN. QUAD

I * LEGEND

N E E C TIE-IN & METER S I T ' - - N E E C PIPELINE

PROPOSED CRANBERRY PIPELINE - R O r n

PIPELINE MARKER

.ALL ACCFSS m u BE ALONG EXISTING (LEASE) ROADS

..NO KNOWN LllmERGROUND F A C U T E S CROSSED

.cur 1 m-8aa IPT

-

PART I 1 APPENDIX 7 ~ - A N D 7GA

NOTICE OF INTENTION TO CONSTRUCT A NATURAL GAS GATHERING LINE

SUBJECTED TO PRESSURES OF 125 PSI OR MORE

BY CRANBERRY PIPELINE CORPORATION

June 29. 1988

DESCRIPTION OF PROJECT: Const ruc t ion o f a 2" p l a s t i c p i p e l i n e i n the Town of Benton. Yates County. New York. (see enclosed map and f i e l d summary f o r approximate footage and l oca t i on ) .

ESTIMATED STARTING DATE:

ESTIMATED COMPLETION DATE

August 15. 1988

September 1. 1988

PERSONS TO BE CONTACTED REGARDING PROJECT:

Steve Lindeman D i s t r i c t Superintendent 681 Andersen D r i v e Fos ter Plaza #VI (412) 922-1113

John Vecel l i o F i e l d Foreman 81 9 Conneaut Lake Road Meadvi l le . PA 16335 (814) 337-5350

1026 Routes 5 and 20 West 1026 Routes 5 and 20 West Geneva. NY 14456 Geneva, NY 14456 (315) 789-8810 (315) 789-8810

MAXIMUM ALLOWABLE OPERATING PRESSURE: 160 ps i - 2"

LOCATION CLASS: 1

PIPE AND COATING DESCRIPTION:

A. Nominal diameter: B. Nominal wa l l t h i ckness C. Pipe s p e c i f i c a t i o n : D. Grade: E. Coat ing: F. Long i tud ina l j o i n t type

TEST DATA:

A. Test Medium: 8. Durat ion: C. Test Pressure:

P l a s t i c Steel

2.375 2.375 .325 0.154

PE 3408 API5L-CW SDR 7.3 8 P l a s t i c X-TRU Coat B u t t Fuse Welded

H20, a i r o r gas 4 hours 240 p s i

V I I I

NAMES AND ADDRESSES OF AFFECTED FARMLAND OPERATORS:

James L. Barden

L loyd Reiners

George Jensen

Donald Jensen

Noah M a r t l n

Robert A. Jensen

16 Sand Brook Road P l t t s f o r d , NY 14534

F l a t S t r e e t Yates County, NY

1658 Pre-Emption Road Yates County. NY

Pre-Emption Road Yates County, NY

Rte. 14A Town o f Benton. Yates 14527

Pre-Emption Road Yates County, NY

ACCESS AND RIGHT OF WAY:

Access w i l l be on e x i s t l n g we l l l o c a t i o n roads, p i p e l i n e r l g h t of way o r e x i s t l n g landowner access roads.

A. Cons t ruc t i on r i g h t o f way wldth: 40 fee t B. Permanent r i g h t o f way wldth: 20 fee t

MINIMUM COVER:

I f a minimum cover cannot be maintained, t h e l o c a t i o n and t h e na ture o f t h e problem w i l l be i nd i ca ted ; and specia l p recaut ions w i l l be observed.

. kL4P OF AN ARE4 USED FOR Cm3rnClAL Fmi RIRMZm . Aiw

REt'IDS OF THE PRDPOSm DEPIH-OF-- BY FAlPWn OPDUTOR

(To be c q l e t c d for each affected farmland arca, as denoted ~ d c r 'Uinimn e v e r " in Appcndix 7 4 )

hlE OF F M U W OPEPATOR FOR 'ZHE AREA: Jarnps L. B a r d P n ' ' ' . uc4mN OF AmCrm F A ~ W ~ AREA: Flat S t r e e t

Jt~dicatc by arrw of direcrioc~ o f l4ortl1 for the mp.

. -.- 1'' . . - - rcct I

I:IVi\IUW OfJERAIDR: I am aware thrt the local Soil Consenat Ion ApcntR i s available to discuss w i t h r, prior to cxca~rjng t h i s docrrmcnt. dcpdl- of pipeline cover c-tible with safe pr~crices and standards of the U.S. Lkpartmcnt of Agriculture, Soil Ginsemation Service, contained in rhe National Handbook of m e n r a t i o n Practices and its Hational En~ineermg Phnual. I have reviewed and have a copy of -proposed m p (atuched hereto) of the line across ny f a n .

I agree that the prop& depws) shom on the pmpcsed mar, w i l l be .compatible with the safe open ti on,'^ I foresee thcm. of my current a d future fandlad mgement p ~ c t i c e s .

WM, soil conservation Service unployee or County Soil and water Conservation District unployee.

I hereby c e r t i f y t h a t these ga the r ing l i n e s w i l l be constructed t o the requirements o f Appendix 14K of 16 NYCRR P a r t 255.

Where the l i n e i s t o be cons t ruc ted w i t h i n 150 f e e t o f an e x i s t i n g s t r u c t u r e used f o r a res idence o r p lace o r business, t h a t p o r t i o n o f t h e l i n e w i l l be constructed t o t ransmiss ion l i n e standards. under these circumstances. t he Albany O f f i c e o f t h e Gas D i v i s i o n w i l l be contacted a t (518) 474-5433 p r i o r t o cons t ruc t ion .

APPENDIX D: EXAMPLE of LETTER CERTIFYING EM&CS&P

IVAN HALL & ASSOCIATES, INC. Gas 8 Oil Division

WILLIAMSPORT PLAU SUITE #3 398 W. BAGLEY ROAD

October 15, 1990

Hr. John J. Kelliher Secretary New York State Public Service Cammission lhree Empire State Plaza Albany, N e w York 12223

RE: Case 70100 - Environmental Management and Construction . Standards and Practices

Dear Mr. Kelliher:

Pursuant to the r equ i rmen t~ of Public Service Lmr, Section 121-a (1) when constructing fuel g u t r a n d s s i o n l i m e in the State of New York less than tan milas long, Ivan H a l l and Amsocktu, Ino. ce r t i f i es that it w i l l fo l la , the S t a n d u d . and Practicer s o t forth in the Environmental Management and mnmtruction S t a d d .nd Practices (EMGCSCP) prep=& by Union Drilling, Inc. of Buckhannon, West Virginia, approved by the Camis~ ion on April 11, 1984, M amand&.

V C q t ru ly YOU-,

IVAN HALL C ASSOCIATES, XNC.

Ivan Ha11 President

APPENDIX E: EXAMPLE of COMMISSION ORDER

STATE OF NEW YORK PUBLIC SERVICE COMMISSION

At a Session of the Public Service Commission held in the City of

COMMISSIONER PRESENT:

CASE 88-T-144 - Cranberry Pipeline Corporation - notice of intention to construct a fuel gas transmission facility in the Town of Benton, Yates County

ORDER GRANTING CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AM) PUBLIC NEED

(Issued and Effective 1

On July 5, 1988, Cranberry Pipeline Corporation

(Cranberry or the company) filed a notice of intention (NOI),

pursuant to 8 121-a(2) of the Public Service Law (PSL), to construct a fuel gas transmission pipeline in the Town of Benton, Yates

County. On July 20, 1988, we determined that a substantial public

interest required this project to be reviewed in accordance with PSL

8 121-a(7) due to pipeline safety questions. Our Gas Division

challenged the project's maximum operating pressure and the design t

rating of the specified plastic pipe.

Cranberry plans to construct approximately 14,700 feet of

two-inch plastic gas transmission line (Figure 1). The pipeline

will transport gas from Cranberry's N. Martin-1 and E. Barden-1 t By reference to design information filed in Case 88-T-108 on

July 11, 1988, Cranberry satisfied the Gas Safety Section's questions by committing to install regulators and relief valves that will maintain the safe operating pressure levels.

CASE 88-T-144

-2-

wells t o a n e x i s t i n g New York S t a t e E l e c t r i c h Gas C o r p o r a t i o n

(NYSEG) p i p e l i n e . The p roposed l i n e is d e s i g n e d t o o p e r a t e a t a

maximum p r e s s u r e of 160 p s i g . The maximum d e s i g n p r e s s u r e o f t h e

p i p e m a t e r i a l is 162 p s i g . The p roposed p i p e l i n e w i l l commence a t

t h e N. Mar t in -1 well and t r a v e l a b o u t 600 f e e t s o u t h b e f o r e t u r n i n g

e a s t and p a r a l l e l i n g t h e n o r t h s i d e o f Lown Road f o r a p p r o x i m a t e l y

1 ,500 f e e t . T u r n i n g s o u t h e a s t e r l y , t h e l i n e r u n s a p p r o x i m a t e l y

1 ,400 f e e t f u r t h e r a l o n g Lown Road u n t i l i t i n t e r s e c t s w i t h F l a t

S t r e e t . C r o s s i n g F l a t S t r e e t , t h e l i n e i n t e r s e c t s a p roposed

l a t e r a l l i n e ( a b o u t 1 , 0 0 0 f e e t l o n g ) headed s o u t h e r l y f rom t h e E .

Barden-1 well. Next , t h e l i n e c o n t i n u e s g e n e r a l l y e a s t e r l y f o r

a p p r o x i m a t e l y 2,500 feet [ c r o s s i n g J a c o b ' s Brook, C o n s o l i d a t e d R a i l

C o r p o r a t i o n ( C o n r a i l ) t r a c k s , a d r a i n a g e t r i b u t a r y , and a New York

T e l e p h o n e (NYT) unde rg round c a b l e ] ; t u r n s n i n e t y d e g r e e s s o u t h w a r d ,

c r o s s i n g a n a d d i t i o n a l t r i b u t a r y (none a r e p r o t e c t e d ) and c o n t i n u e s

a b o u t 4 ,500 f e e t t o t h e s o u t h e r l y s i d e of Culhane Road. L a s t l y , t h e

l i n e t u r n s east and r u n s a p p r o x i m a t e l y 3,200 f e e t t o a m a s t e r m e t e r

on NYSEG1s 10 - inch p i p e l i n e on t h e west s i d e of Pre-Emption Road.

The p i p e l i n e w i l l b e c o n s t r u c t e d p r i m a r i l y i n a c t i v e

a g r i c u l t u r a l l a n d s and c r o s s e s a few sh rubbed woodlands . C r a n b e r r y

p r o p o s e s t o o b t a i n a t e m p o r a r y 40- foot ( f o r c o n s t r u c t i o n ) and

pe rmanen t 20 - foo t r igh t -of -way ( R / w ) . No new off-R/W a c c e s s r o a d s

a r e p r o p o s e d . E x i s t i n g g a s well a c c e s s r o a d s w i l l b e used f o r

c o n s t r u c t i o n . A NYT c a b l e is t h e o n l y known unde rg round f a c i l i t y t o

be c r o s s e d . C r a n b e r r y p l a n s t o commence c o n s t r u c t i o n i m m e d i a t e l y

upon o u r a p p r o v a l o f t h i s p r o j e c t .

CASE 88-T-144

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Pursuant to PSL 8 121-a(l), Cranberry has certified (by letter dated September 22, 1987) that, in constructing fuel gas

transmission lines less than ten miles long, it will comply with the

Environmental Management and Construction Standards and Practices

(EM&CS&P) prepared by Union Drilling, Inc., which we approved on

April 11, 1984 in Case 70100. Cranberry's NO1 indicates the

site-specific measures and techniques to be employed on this

project. The indicated measures and techniques were taken from

Union's EM&CS&P.

The U.S. Soil Conservation Service (SCS) advises that

construction will take place in Agricultural District #l. SCS is

satisfied with the EM&CS&P provisions to minimize impacts to

agricultural lands--emphasizing soil separation techniques and a

commitment to use a minimum of 40 inches of cover. To repair

sub-surface drainage systems disrupted during construction, SCS

recommends the use of rigid plastic pipe (Schedule 40 PVC or its

equivalent) to replace broken lines. Cranberry agrees to meet this

request.

Department of Environmental Conservation (DEC), Region 8,

advises that this project will cross no Protected Waters, Regulated

Freshwater Wetlands, Flood Zones, or Significant Habitat. DEC has

no concerns, provided that Cranberry strictly adheres to the

EM&CS&P.

The State Office of Parks, Recreation and Historic

Preservation indicates that the project is not within an

archaeologically-sensitive area and will have no impact upon

registered, eligible, or inventoried historic sites or structures.

CASE 88-T-144

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NO known s c e n i c roads , a r e a s , views, v i s t a s o r over looks

w i l l be a f f e c t e d by t h e p r o j e c t .

Yates County Planning Board conf i rms t h a t t h e a f f e c t e d

mun ic ipa l i t y has no ord inances governing gas p i p e l i n e s .

The Town of Benton Highway Department a d v i s e s t h a t no

pe rmi t s a r e r equ i r ed f o r town road c r o s s i n g s . However, it r e q u e s t s

n o t i f i c a t i o n p r i o r t o c o n s t r u c t i o n of each road c r o s s i n g l o c a t i o n s o

t h a t a p h y s i c a l i n s p e c t i o n can be made by Town personne l . Cranberry

a l s o agreed t o t h i s c o n d i t i o n . Cranberry is i n t h e p r o c e s s of

s e c u r i n g agreements from NYT and Conra i l f o r t h e c a b l e and r a i lway

c r o s s i n g s .

I n o r d e r t o avoid c e r t i f y i n g d u p l i c a t i v e f a c i l i t i e s t o t h e

maximum e x t e n t p o s s i b l e , we hereby p u t Cranberry on n o t i c e t h a t i t

must s e c u r e any necessary agreements from i n v e s t o r s t o a l low

t r a n s p o r t a t i o n of gas f o r t h i r d p a r t i e s s o long a s t h e a p p l i c a n t has

a v a i l a b l e c a p a c i t y and doing s o w i l l p l a c e no undue burden on t h e

company and w i l l no t impair i ts a b i l i t y t o render s a f e and adequa te

s e r v i c e t o any customer. F a i l u r e t o ob ta in such agreement may

r e s u l t i n t h e n o n - c e r t i f i c a t i o n of any d u p l i c a t i v e f a c i l i t y owned o r

ope ra t ed by Cranberry , i ts i n v e s t o r s o r any person a s s o c i a t e d wi th

Cranber ry o r i t s i n v e s t o r s .

A s d i s cus sed above, we determined t h a t a s u b s t a n t i a l

p u b l i c i n t e r e s t r equ i r ed review of t h i s p r o j e c t under PSL

121-a (7 ) . A s r equ i r ed by t h a t s u b d i v i s i o n , we f i n d t h a t

c o n s t r u c t i o n of t h i s p r o j e c t a s proposed, and s u b j e c t t o t h e

c o n d i t i o n s w e impose h e r e i n , w i l l minimize o r avoid adverse

environmental impact t o t h e maximum e x t e n t p r a c t i c a b l e .

CASE 88-T-144

The Commission Orders:

1. Cranberry Pipeline Corporation is granted a

Certificate of Environmental Compatibility and Public Need pursuant

to Public Service Law 121 and 5 121-a(7), to construct the fuel gas transmission line described in its notice of intention filed

July 5 , 1988, supplemented on July 11. 1988 and in this Order,

subject to the following conditions:

(a) the company shall apply the measures and techniques

for environmental management and construction of this

project as indicated in its notice of intention;

(b) the company shall report to Staff any proposed changes

to the approved project, including proposed changes to

the approved measures and techniques to be applied to

the environmental management and construction of this

project; Staff shall refer to the Secretary those that

would not cause substantial adverse change in

environmental impact; we will review all others; the

company may not execute any proposed change until it

receives oral or written approval from us, or the

Secretary;

(c) the company shall file as-built drawings with the

Secretary if the pipeline is constructed other than

as shown on the map filed with the notice of intention

and approved by us;

(dl the company shall designate full-time supervisor(s)

with stop-work authority over all aspects of this

project; the supervisor(s) shall be on-site during all

CASE 88-T-144

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phases of construction and restoration; the company

shall satisfy staff as to qualifications of such

supervisor (s) ;

(e) the company shall maintain a minimum of 40 inches of

cover through agricultural lands and apply soil

separation techniques; the company shall use rigid

plastic pipe (Schedule 40 PVC or its equivalent), to

repair sub-surface drainage lines;

(f) the company shall notify the Town of Benton Highway

Department prior to construction of all road crossing

locations and of work schedules for crossing

installations;

(g) the company shall secure any necessary agreements from

New York Telephone and Consolidated Rail Corporation

for the cable and rail crossings, prior to

construction;

(h) the company shall, during normal operations, employ a

maximum operating pressure on this pipeline not to

exceed 160 psig and shall install and maintain on this

facility the pressure regulators and relief valves

necessary to prevent any excess pressure over 162

psig;

(i) within ten (10) days after the rights-of-way have been

completely restored, the company shall notify us in

writing;

(j) the company shall promptly notify us in writing should

it decide not to complete construction of all or any

CASE 88-T-144

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p o r t i o n of t h i s p r o j e c t , and s e r v e a copy of such

n o t i c e upon a l l p a r t i e s ; and,

(k) i f c o n s t r u c t i o n o f t h i s c e r t i f i e d p r o j e c t is n o t

commenced w i t h i n e i g h t ( 8 ) months, t h i s c e r t i f i c a t e

may b e vacated wi thout f u r t h e r n o t i c e .

2 . T h i s proceeding 4

(SIGNED)

Attachment