Section 57.72. Form and content of application

(a) Applications shall be in conformity with § 1.31 (relating to form of documentary filings generally). Supporting exhibits such as maps, photographs and other engineering materials may be on paper not exceeding 28 inches by 40 inches.

(b) The application shall be signed by a person having authority with respect thereto and having knowledge of the matters therein set forth and shall be verified under oath.

(c) An application shall contain:

(1) The name of the applicant and the address of its principal business office.

(2) The name, title and business address of the attorney of the applicant and the person authorized to receive notice and communications with respect to the application if other than the attorney of the applicant.

(3) A general description—not a legal or metes and bounds description—of the proposed route of the HV line, to include the number of route miles, the right-of-way width and the location of the proposed HV line within each city, borough, town and township traversed.

(4) The names and addresses of known persons, corporations and other entities of record owning property within the proposed right-of-way, together with an indication of HV line rights-of-way acquired by the applicant.

(5) A general statement of the need for the proposed HV line in meeting identified present and future demands for service, of how the proposed HV line will meet that need and of the engineering justifications for the proposed HV line.

(6) A statement of the safety considerations which will be incorporated into the design, construction and maintenance of the proposed HV line.

(7) A description of studies which had been made as to the projected environmental impact of the HV line as proposed and of the efforts which have been and which will be made to minimize the impact of the HV line upon the environment and upon scenic and historic areas, including but not limited to impacts, where applicable, upon land use, soil and sedimentation, plant and wildlife habitats, terrain, hydrology and landscape.

(8) A description of the efforts of the applicant to locate and identify archaeologic, geologic, historic, scenic or wilderness areas of significance within 2 miles of the proposed right-of-way and the location and identity of the areas discovered by the applicant.

(9) The location and identity of airports within 2 miles of the nearest limit of the right-of-way of the proposed HV line.

(10) A general description of reasonable alternative routes to the proposed HV line, including a description of the corridor planning methodology, a comparison of the merits and detriments of each route, and a statement of the reasons for selecting the proposed HV line route;

(11) A list of the local, State and Federal governmental agencies which have requirements which shall be met in connection with the construction or maintenance of the proposed HV line and a list of documents which have been or are required to be filed with those agencies in connection with the siting and construction of the proposed HV line.

(12) The estimated cost of construction of the proposed HV line, and the projected date for completion.

(13) The following exhibits:

(i) A depiction of the proposed route on aerial photographs and topographic maps of suitable detail.

(ii) A description of the proposed HV line, including the length of the line, the design voltage, the size, number and materials of the conductors, the design of the supporting structures and their height, configuration and materials of construction, the average distance between supporting structures, the number of supporting structures, the line to structure clearances and the minimum conductor to ground clearance at mid-span under normal load and average weather conditions and under predicted extreme load and weather conditions.

(iii) A simple drawing of a cross section of the proposed right-of-way of the HV line and any adjoining rights-of-way showing the placement of the supporting structures at typical locations, with the height and width of the structures, the width of the right-of-way and the lateral distance between the conductors and the edge of the right-of-way indicated.

(iv) A system map which shows in suitable detail the location and voltage of existing transmission lines and substations of the applicant and the location and voltage of the proposed HV line and associated substations.

(14) A statement identifying litigation concluded or in progress which concerns property or matter relating to the proposed HV line, right-of-way route or environmental matters.

(15) Additional information as the Commission may require.

(d) Letter of notification in lieu of application:

(1) A letter of notification may be filed with the Commission in lieu of the application process set forth in § § 57.71—57.76 for the following:

(i) An HV line which is proposed to be located entirely on an existing transmission line right-of-way, so long as the size, character design or configuration of the proposed HV line does not substantially alter the right-of-way.

(ii) An HV line which is proposed to be located entirely within a public road.

(iii) An HV line which is proposed to be located entirely within applicant’s existing transmission line right-of-way and the property of the sole customer to be served by the line, so long as the size, character, design or configuration of the proposed HV line does not substantially alter the right-of-way.

(iv) A line for which the voltage is proposed to be increased above its present levels, so long as the size, character, design or configuration of the proposed HV line does not substantially alter the right-of-way.

(v) An HV line which is to be reconductored or reconstructed so long as the size, character, design or configuration of the proposed HV line does not substantially alter the right-of-way.

(vi) An HV line having a proposed route of 2 miles or less.

(2) The applicant shall file with the Commission the original of the letter of notification and an affidavit of service showing the identity of those served under paragraph (3).

(3) At the time of filing, the applicant shall serve a copy of the letter of notification by registered or certified mail upon those who would have otherwise been entitled to receive a copy of an application or notice of filing an application as set forth in § 57.74 (relating to filing and service of application and notice of filing).

(4) A letter of notification shall contain:

(i) The information described in subsection (c)(1)—(3), (5) and (6).

(ii) The anticipated construction commencement date and the proposed in-service date of the project.

(iii) Evidence to show that the size, character, design and configuration of the proposed HV line will not substantially alter its right-of-way where the letter is filed under paragraph (1)(i)—(v).

(iv) A statement identifying the filing date on which the filing of the letter of notification was or is to be made, together with substantially the language set forth in paragraph (5).

(5) The Commission will review and, by order, approve or disapprove a letter of notification. If the Commission approves a letter of notification, the HV line shall be located and constructed without the application process set forth in this subchapter. If the Commission does not approve the letter of notification, its order shall direct the applicant to comply with the application process set forth in this subchapter.

(e) The Commission or the presiding officer may—upon the petition of any party, upon the Commission’s own motion, or upon the presiding officer’s own motion—waive one or more or all of the requirements in this subchapter. The petition shall clearly state the requirement sought to be waived and the reasons therefor.

The provisions of this § 57.72 adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1403; amended January 7, 1983, effective January 8, 1983, 13 Pa.B. 131; amended January 10, 2014, effective January 11, 2014, 44 Pa.B. 249. Immediately preceding text appears at serial pages (354103) to (354104), (205841) to (205842) and (363007).

Notation

Authority

The provisions of this § 57.72 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 523, 1301, 1501 and 1504.

Notes of Decisions

Section 57.72(c)(7) does not require an application contain an actual study of the environmental impact of an HV line as proposed; rather, § 57.72(c)(7) requires that if a study has been performed, the application must contain a description of the study. Section 57.72(c)(8) does not require an application identify certain archeological, historic, scenic, sites within 2 miles; rather, § 57.72(c)(8) requires that the application describe the applicant’s efforts to locate and identify such sites. In considering whether a utility has complied with § 57.72(c)(1), if the record establishes the route was reasonable, considering all factors, it will be upheld. Moreover, the mere existence of an alternative route does not invalidate the utility’s route. The exemption for HV lines of 2 miles or less from the application process in § 57.72(d)(1)(vi) raises the presumption that an HV line of 2 miles or less has a minimal adverse environmental impact. Energy Conservation Council of Pennsylvania v. Pub. Util. Comm’n, 995 A.2d 465, 478-83 (Pa. Cmwlth. 2010).

Cross References

This section cited in 52 Pa. Code § 5.14 (relating to applications requiring notice); 52 Pa. Code § 57.74 (relating to filing and service of application and notice of filing); 52 Pa. Code § 69.3101 (relating to scope); 52 Pa. Code § 69.3105 (relating to route evaluation and siting); and 52 Pa. Code § 69.3106 (relating to environmental filing requests).