NOTICES
Public Meeting held January 28, 2010 Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson
[40 Pa.B. 953]
[Saturday, February 13, 2010]
Interim Guidelines for the Filing of Electric Transmission Line Siting Applications; Doc. No. M-2009-2141293
Tentative Order By the Commission:
The current regulatory filing requirements utilized by this Commission for the siting of high voltage electric utility transmission lines are governed generally by sections 1102, 1501, and 2805 of the Public Utility Code and section 1511 of the Business Corporation Law, 66 Pa.C.S. §§ 1102, 1501, 2805; 15 Pa.C.S. § 1511. Detailed filing requirements for transmission siting applications appear in Chapter 57 of the Commission's regulations—specifically 52 Pa. Code §§ 57.71—57.76 (relating to procedures for siting transmission lines). The Commission's statutory authority under these provisions has been and continues to be sufficient for carrying out its responsibilities for evaluating the safety, adequacy and reliability of proposed high voltage transmission facilities.
The Commission believes the time is ripe to re-evaluate the relevancy and effectiveness of its current regulations and ascertain whether amendments should be considered to meet the needs of the evolving regulatory and energy environment. The current transmission siting regulations are more than thirty years old. Ongoing developments at the Federal level affecting transmission line siting, as well as our statutory obligation to maintain an adequate transmission infrastructure, require this Commission to re-examine its current transmission siting regulations. In particular, the Commission must insure that our regulations produce the data and other information needed to make informed decisions in order to facilitate our statutory duty to maintain a transmission infrastructure that is adequate to meet the present and future energy needs of Pennsylvania consumers.
Accordingly, the Commission intends to open a rulemaking proceeding under separate order in the near future to address this area. In the meantime, the Commission, by this Tentative Order, is proposing certain Interim Guidelines, which are designed to provide guidance to the industry and interested persons as to the information that the Commission believes is relevant and critical to our evaluation of future transmission line siting applications under section 1102, pending the completion of our rulemaking in this area. In this fashion, applicants and interested parties will know, in advance, the information that the Commission deems relevant and essential for its review and evaluation of proposed transmission lines.
Procedural History
The Commission's current regulatory standards for evaluating applications to site high voltage electric transmission lines were promulgated in 1978 at a time when transmission siting projects were primarily intrastate in nature. See Re: Overhead Transmission Lines 51 PAPUC 682 (1978); Re: West Penn Power Company, 54 PAPUC 319 (1980). These regulations have been modified over time with the most recent amendments occurring in 1999. Significant developments at the Federal level will have major impacts on how this Commission sites transmission lines in the future. Recently enacted provisions of the Energy Policy Act of 2005 (EPAct of 2005), 16 U.S.C. § 824p, authorize the U.S. Department of Energy (DOE) to conduct congestion studies in consultation with affected states and to issue a report which designates any geographic area experiencing electric energy transmission constraints or congestion as a National Interest Electric Transmission Corridor (NIETC). On October 2, 2007, DOE announced the final designations of the Mid-Atlantic NIETC that includes most of Pennsylvania as well as large portions of other states in the Mid-Atlantic region.1 In addition to the responsibilities given to DOE, the EPAct of 2005 gave FERC federal backstop siting authority over the public utility siting process when a state has withheld approval of a state siting application for more than one year.2
FERC, pursuant to the requirements of EPAct of 2005, recently issued Order 890 that requires a re-evaluation of interstate transmission siting practices with a view toward encouraging regional cooperation among the states in siting transmission facilities. A proceeding is currently underway to revise those standards at FERC Dkt. No. AD09-8-000.
Congress is currently considering energy legislation which would have the effect of expanding the FERC's role in the transmission siting process and correct what some believe are the legal deficiencies in the Piedmont holding. Finally, approximately 40 states (including Pennsylvania) within the eastern interconnection are participating in the Eastern Interconnection Planning Process as part of an effort sponsored by DOE and the FERC to encourage states to work collaboratively in addressing the national need to improve the capacity and reliability of the electric transmission grid. This initiative, which is expected to conclude in 2013, will hopefully result in a coordinated federal-state approach to the siting of transmission facilities.
At the state level, this Commission has been faced with an increasing number of complex transmission siting applications. In Re: Application of Allegheny Interstate Line Company at Docket No. A-110172 (TrAILCo), the applicant sought authority to locate, construct, operate and maintain 500 kV transmission lines in Washington and Green Counties in southwest Pennsylvania. More recently, an application has been filed In Re: Application of PPL Electric Utilities, Inc., at Docket No. A-2009-2082652 for authority to site the 500 kV Susquehanna-Roseland line.3
Current Commission transmission siting regulations have been in place since 1978 and do not reflect the many significant developments in the transmission arena that have occurred and are likely to occur in the future. This Commission is cognizant of the momentous changes impacting transmission siting at the federal level and believes that a thorough revision of its existing transmission siting requirements is in the public interest.
In 2010, this Commission will be initiating a Proposed Rulemaking soliciting input from interested stakeholders in the promulgation of potential amendments to our regulations governing the siting of electric transmission facilities in Pennsylvania. For example, in § 57.72(c), the filing requirements regarding ''need'' are stated in general terms, ''(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 the need and of the engineering justifications for the proposed HV line.''
52 Pa. Code § 57.72(c)(5). However, applicants in transmission line siting cases typically provide detailed exhibits and testimony that also address the appellate cases discussing factors relevant to the standard for determining the ''need'' for the transmission line. Other parties produce similarly detailed exhibits and testimony in response to the applicant's materials. The Commission has found this information to be useful and relevant in its review of these proceedings.
Pending the conclusion of this rulemaking process, the Commission, by this Tentative Order, is proposing to adopt specific Interim Guidelines for high voltage transmission line siting applications. The Interim Guidelines discussed below, and attached as Appendix A to this Tentative Order, are designed to supplement the existing Commission filing requirements at 52 Pa. Code §§ 57.71—57.76. The additional information requested by these Interim Guidelines is intended to aid in processing transmission siting applications in a timely fashion on a case by case basis. If the information outlined herein is provided in the initial filing, it will reduce the need for subsequent data requests, on a case by case basis, to develop the necessary record to process the application.
The Commission has the authority pursuant to 52 Pa. Code § 57.72 (15) to seek additional information as it ''may require'' to properly evaluate electric transmission siting applications. Consistent with that authority, the Commission intends to issue these Interim Guidelines which will be in effect pending the completion of a final rulemaking to revise the existing transmission regulations.
Because the information requested in these Interim Guidelines is critical to an informed decision regarding proposed transmission siting applications, we are establishing a 45-day comment period from the effective date of this Tentative Order for interested parties to provide input on these proposed Interim Guidelines. We believe these Interim Guidelines will not impose an undue burden on prospective applicants because the information being requested is information that is normally gathered during the transmission planning process. Further, these Interim Guidelines do not supplant the traditional statutory requirements under 66 Pa.C.S. §§ 1102, 1501 and 2101 (relating to the requirements for Commission approval of certificates of public convenience, approval of transmission facilities generally and the approval of affiliated interest agreements) as well as section 1511 of the Business Corporation Law (BCL), 15 Pa.C.S. § 1511 (relating to the exercise of eminent domain authority).
Following consideration of filed comments, we will issue a Final Order that formally establishes these Interim Guidelines.
Discussion
The Commission believes the current regulations for siting high voltage electric transmission facilities, as contained in 52 Pa. Code §§ 57.71—57.76, should be reviewed and potentially amended. Hence, the Commission intends to initiate a Proposed Rulemaking in the near future to revise and update the existing regulations. Because the rulemaking process is lengthy and can take a year or more for new regulations to be fully implemented, the Commission believes that it is in the public interest to provide guidance to the industry and interested persons as to the information the Commission currently intends to evaluate in the context of future transmission siting applications, pending the completion of that rulemaking.
Accordingly, the Commission is issuing for comment Interim Guidelines to announce its intentions regarding the additional information that should be provided to determine whether granting the application/letter of notification for the siting of electric transmission facilities is ''necessary or proper for the service, accommodation, convenience, or safety of the public.'' If these proposed Interim Guidelines are adopted, applicants and interested parties will know, in advance, the information that the Commission deems relevant and essential for its review and evaluation of proposed transmission lines.
The Commission emphasizes that these proposed Interim Guidelines do not alter the legal standards to be met by prospective applicants pursuant to relevant provisions of the Public Utility Code under Chapter 11 (relating to the requirements for a certificate of public convenience); Chapter 15 (relating to the Commission's power to prescribe standards of service and facilities) and Chapter 21 (affiliated interest requirements) or Section 1511 of the BCL (relating to eminent domain authority). Additionally, the proposed Interim Guidelines do not alter the traditional requirements for demonstrating ''need'' for the transmission facilities under our regulations and relevant appellate authority.
A. Public Notice Filing Requirements
It is a fundamental criterion for receipt of a Certificate of Public Convenience that the applicant, in addition to demonstrating both ''public need'' and financial and technical fitness, prove ''legal fitness'' by demonstrating a propensity to operate legally and safely.
The current filing requirements should be supplemented in regard to the information to be filed with the Commission and disseminated to the public and the media relative to proper notice to landowners impacted by the siting of a transmission line. To ensure adequate public notice, the Commission proposes that the following additional information be filed with the transmission siting application:
(1) A Code of Conduct or a summary of internal practices governing the manner in which public utility employees or their agents interact with affected landowners.
(2) Copies of information to affected landowners by the public utility through bill inserts, newspaper and website notices and radio and TV notices advising landowners to contact the Commission or OCA in the event of improper public utility employee/land agent practices as they relate to the siting of the proposed transmission line.
(3) Prior notice to the Commission Office of Communications and the statutory advocates of informational presentations by the public utility to affected landowners so that the Commission, OCA or other governmental entities can monitor the information being disseminated to affected landowners or can attend the presentations.
(4) Copies of all notices sent pursuant to 52 Pa. Code § 57.91.
B. Eminent Domain Filing Requirements
The Commission's authority to grant eminent domain power derives from Section 1511(c) of the Business Corporation Law (BCL) 15 Pa.C.S. § 1511. Section 1511(c) empowers the Commission to grant a jurisdictional electric utility the power to condemn property for any reasonable purpose related to the provision of public utility service. Typically, transmission siting applicants file their application for eminent domain authority concurrently with applications for siting authorization. See 52 Pa. Code § 57.75(i).
Currently, the Commission has no specific regulations defining what information is required to be filed as part of an eminent domain application. In fact, the only regulation directly pertinent to the condemnation process appears at 52 Pa. Code § 57.91 (relating to the required notice to landowners of the possible exercise by the electric utility of eminent domain power). It is also important that accurate information be communicated to affected landowners about the potential exercise of eminent domain power. To address these concerns, the Commission proposes the following Interim Guidelines for applications for eminent domain authority:
(1) Public utility applicants should file for eminent domain authority separate from but simultaneously with the transmission siting application. Testimonial evidence in support of an eminent domain application should be filed with the eminent domain application.
(2) Notice of the eminent domain filing to affected landowners should be separate and prominent enough to put the landowner on notice to file a response or objection.
(3) As part of an eminent domain application, the public utility applicant should demonstrate with specificity the reason for exercise of condemnation power for each location, the precise location of the impacted property and full detail on the status of negotiations with landowners. Supporting maps or legal descriptions of the ROW, with defined widths, should be supplied with the application to the extent feasible.
(4) Transmission siting applicants should provide copies of internal operating procedures applicable to its employees or its agents responsible for interacting with affected landowners.
C. Exemption From Municipal Zoning Standards
Traditionally, public utility applicants for transmission line siting approval often request an exemption from local zoning requirements pursuant to Section 10619 of the Municipalities Planning Code (MPC), 53 P. S. § 10619 (relating to procedures for requesting exemptions from municipal zoning requirements). To qualify for the exemption, the public utility must only demonstrate that the site is necessary for the provision of service to the public and that the site is reasonable among the range of alternatives. The public utility must comply with the Commission's Policy Statement appearing at 52 Pa. Code § 69.1101 (relating to what the Commission must consider with reference to impacts of its decisions upon local comprehensive plans and zoning ordinances when siting an electric transmission line). No further regulatory requirements exist with regard to this Policy Statement that would necessarily guide the applicant on what type of information should be supplied in support of the Policy Statement.
The Commission believes more information should be supplied by future applicants in support of requests for exemption from local zoning requirements. Consequently, the Commission proposes the following Interim Guidelines regarding the information to be filed involving requests for exemption from municipal zoning requirements, as follows:
(1) Copies of comprehensive land use plans, zoning ordinances and other relevant documentation affected by the siting of the transmission line, buildings and facilities.
(2) A detailed strategy for compliance with these comprehensive plans and ordinances that demonstrate the applicant's best efforts to comply with the plan.
(3) Provision of metes and bounds or maps of facility sites.
(4) A procedure for providing notice to affected municipalities of the request for exemption.
Adequate notice to the municipality ensures that sufficient information is available and the municipality can properly evaluate and, if deemed necessary, challenge the application. All of this information is or should be routinely compiled by the utility applicant as part of the site planning process; thus, providing this information should not be burdensome.
D. Route Evaluation and Siting
Route evaluation and siting are critical issues in electric transmission proceedings. Under § 57.72(c) (3) and (10), the following elements must be considered for each high voltage transmission line:
(1) A general description for each alternative route.
(2) A description of the methodology for developing the alternative route.
(3) Comparison of relative merits of each route.
(4) Statement of reasons underlying the selection of the preferred route 52 Pa. Code § 57.72(c) (3) and (10).
Additionally, the applicant must address the impact that construction and operation of the high voltage line will have on environmental, socioeconomic and cultural aspects of the impacted area. 52 Pa. Code § 57.72(c) (7) and (8).
The foregoing requirements are very general and do not provide specifically for provision of adequate detail relative to critical issues in route evaluation as follows:
(1) Emphasis on utilizing existing ROWs in the route evaluation process.
(2) Verification of the legal status of ROWs.
(3) Degree of reliance to be placed on Geographic Information System (GIS) data.
(4) Method of outreach to local organizations for assistance in identifying sensitive areas along the route.
(5) Timing of other regulatory approvals in relation to Commission site evaluations.
(6) Treatment of landowners along the various selected routes.
The Commission proposes that applicants submit the following information as part of the § 57.72(c) requirements:
(1) Transmission applicants should utilize, to the extent possible, a combination of transmission route evaluation procedures including high-level GIS data, traditional mapping (including US Geological Survey data and compilation) and analysis of site specific constraints raised by impacted landowners.
(2) Transmission applicants should demonstrate, with a reasonable degree of certainty, the legal status of claimed ROWs, to the extent settled or in litigation, before initiating an application for transmission siting authority. The applicant should provide the current status and continuing updates on ROW litigation or settlements during the course of the siting proceeding.
(3) Applicants should provide descriptions of all alternative routes considered together with a discussion of the relative merits of each, as part of the testimonial support. The discussion of the relative merits of each route should address the environmental, historical, cultural and aesthetic considerations and the comparative construction cost for each route. Descriptions of the proximity of alternative routes to residential and non-residential structures should be provided.
(4) Applicants should provide a summary of efforts made to contact and solicit assistance from local governmental entities and other organizations regarding identification of sensitive areas along the proposed routes.
E. Environmental Filing Requirements
Environmental impacts are a major factor to be considered under 52 Pa. Code § 57.72(c)(7). Applicants must secure regulatory approvals from a number of State and Federal agencies relative to environmental impacts of a transmission line. The Commission believes it is necessary and relevant that information regarding the status of these various regulatory approvals be provided as part of the Commission application.
To address these concerns during the pending Rulemaking, the Commission proposes the following Interim Guidelines for provision of additional information as part of the formal application pursuant to 52 Pa. Code § 57.72(c)(7) as follows:
(1) Applicants should submit a matrix showing all required Federal, State and local government regulatory requirements, a time-line for receipt of those requirements and a status report on where individual compliance filings are in their approval process.
(2) Applicants should provide a matrix showing contact persons for each Federal, State and local agency from which regulatory approval is required and a record of when contacts were made regarding the proposed transmission line.
F. Health and Safety Considerations
Section 57.76(a) (2) requires the Commission to determine that the proposed transmission line ''not create an unreasonable risk of danger to the health and safety of the public.'' The Commission believes that additional information on health and safety issues should be submitted as part of the proposed Interim Guidelines as described below.
1. Interim Guidelines for the Use of Herbicides and Pesticides
Vegetation management practices and the prudent use of herbicides can be a controversial issue in transmission siting proceedings. To address this concern, the Commission proposes that applicants for transmission lines provide a detailed vegetation management plan that includes the following components: (i) use of EPA-approved chemicals only in suitable portions of the ROW on an infrequent basis; (ii) application of chemicals only by trained professionals; (iii) aerial spraying only as a last resort with defined buffer zones around aquatic areas; (iv) provision of notice to affected landowners and (v) provision of landowner maintenance agreements to permit outlining the duties and responsibilities of landowners and the utility.
2. Interim Guidelines For EMF Impacts
Transmission siting applications should include a detailed EMF mitigation procedure that includes design alternatives to minimize EMF and routing of lines to minimize exposure to populated areas.
G. Applicability to Letters of Notification
The Commission's regulations at 52 Pa. Code § 57.72(d) set forth the requirements for filing a Letter of Notification (LON) for construction of a high voltage line that is to be located primarily in an existing utility right of way, along a public road or involves a line for which voltage is to be increased above its present levels so long as the size, character, design or configuration does not substantially alter the right of way. Additionally, an LON is appropriate when an HV line of two miles or less is proposed. The existing LON process provides an efficient and abbreviated mechanism for review and approving HV lines that do not present the degree of complexity and controversy as larger transmission lines. We have thoroughly reviewed the filing requirements for LONs pursuant to 52 Pa. Code § 57.72 (d)(4) and have determined that the proposed Interim Guidelines are applicable to any letter applications for LONs that are filed pending the conclusion of our proposed Formal Rulemaking. Based on our review of the proposed Interim Guidelines, we determine that LON applicants should continue to provide the information required in 52 Pa. Code § 57.72(d)(4)(i) (which includes the information required under 52 Pa. Code § 57.72(c)(1)—(3), (5) and (6) as well as § 57.72(d)(4)(ii)—(iv)). The only additional proposed Interim Guideline to which LON applicants would be subject relates to the EMF requirements which would now be submitted as part of the § 57.72(c)(6) filing requirement.
Conclusion
Due to potential changes in regulatory policy regarding transmission lines and our ongoing duty to maintain an adequate and reliable transmission infrastructure, the Commission intends to initiate a proposed rulemaking to update our existing regulations regarding the information to be filed in support of transmission siting applications. In the meantime, by this Tentative Order, the Commission is issuing for comment proposed Interim Guidelines, which, if adopted, will provide guidance to the industry and interested persons regarding the information that should be filed in future applications on a case by case basis pending the completion of our rulemaking; Therefore,
It Is Ordered:
1. That in the event this Tentative Order becomes final, all electric utilities applying for transmission siting shall apply pursuant to the instructions and procedures proposed herein as Interim Guidelines which shall be effective until the promulgation of Final Regulations governing the siting of electric transmission lines.
2. That comments to this Tentative Order shall be filed within 45 days of the date the Tentative Order is published in the Pennsylvania Bulletin.
3. That a copy of this Tentative Order together with Appendix A, and any accompanying statements of the Commissioners be served on all jurisdictional electric utilities, the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, legislative stakeholders, and shall be published in the Pennsylvania Bulletin and shall be posted on the Commission's web page at http://www.puc.state.pa.us.
4. That if no adverse comments are filed to this Tentative Order by the end of the 45-day period, this Tentative Order shall become a Final Order by operation of law.
5. That the Commission's contact for this matter is James Melia, Assistant Counsel of the Law Bureau, (717) 787-1859, e-mail: jmelia@state.pa.us.
JAMES J. McNULTY,
Secretary
Appendix A
Interim Guidelines for the Filing of Electric Transmission Line Siting Applications. § 1. Scope.
(a) The Commission is adopting Interim Guidelines regarding the additional information that should be provided to determine whether granting an application and associated certificate of public convenience is ''necessary or proper for the service, accommodation, convenience or safety of the public'' 66 Pa.C.S. § 1103(a) (relating to requirements for obtaining a certificate of public convenience). The Commission seeks to ensure that adequate additional information is provided and to ensure the efficient and expeditious processing of transmission siting cases.
The Commission emphasizes that these Interim Guidelines do not alter the legal standards to be met by prospective applicants pursuant to relevant provisions of the Public Utility Code under Chapter 11 (relating to certificate of public convenience); Chapter 15 (relating to the Commission's power to prescribe standards of service and facilities) and Chapter 21 (relating to affiliated interest requirements). The Interim Guidelines do not alter the traditional requirements for demonstrating ''need'' for the transmission facilities under 52 Pa. Code § 57.72 and 57.76 (relating to requirements for the siting of transmission facilities).
§ 2. Public notice filing requirements.
Applications for electric transmission siting authority should include the following information with the initial application for siting approval demonstrating its efforts to fully notify impacted landowners regarding the transmission siting process:
(i) A Code of Conduct governing the manner in which public utility employees or their agents interact with affected landowners or copies of internal practices governing public utility employee/land agent contacts with landowners, or both.
(ii) Copies of information to affected landowners by the public utility including bill inserts, newspaper and website notices and radio and TV notices advising landowners to contact the Commission or OCA in the event of improper land agent practices.
(iii) Copies of all notices sent pursuant to 52 Pa. Code § 57.91.
Applicants should provide prior notice to the Commission Office of Communications of informational presentations to community groups by the public utility such that Commission, OCA and other governmental entities can attend meetings or obtain copies of information being disseminated at the presentations.
§ 3. Eminent domain filing requirements.
Applicants for eminent domain authority should follow the requirements below and provide the following information as part of the application:
(i) Public utility applicants should file for eminent domain authority as a separate filing but simultaneously with the associated transmission siting applications. Testimonial evidence in support of an eminent domain application should be filed with the application.
(ii) Notice of the eminent domain filing to affected landowners should be separate and prominent enough to put the landowner on notice to file a response or objection.
(iii) As part of an eminent domain application, the public utility applicant should present with specificity the reason for exercise of condemnation power for each location, the precise location of the impacted property and full details on the status of negotiations with landowners. Supporting maps or legal descriptions of the easement/right of way (ROW) to be condemned should be supplied to the extent feasible.
(iv) Transmission siting applicants should file a Code of Conduct or internal operating procedures applicable to its employees or its agents responsible for interacting with affected landowners.
§ 4. Exemption from municipal zoning standards.
Applications for exemption from municipal zoning requirements should include the following information with the application:
(i) Copies of comprehensive land use plans, zoning ordinances and other documentation relevant to the facilities affected by exemption request.
(ii) A detailed strategy for compliance with these comprehensive plans and ordinances that demonstrate the applicant's best efforts to comply with the plan.
(iii) Provision of metes and bounds or maps of facility sites.
(iv) A procedure for providing notice to affected municipalities of the request for exemption.
§ 5. Route evaluation and siting.
Applications for the siting of electric transmission lines should provide the following information as part of the § 57.72(c) filing provisions:
(i) Transmission applicants should utilize, to the extent possible, a combination of transmission route evaluation procedures including high-level GIS data, traditional mapping (including US Geological Survey data and compilation) and analysis of site specific constraints raised by impacted landowners.
(ii) Transmission applicants should fully document the legal status of claimed ROWs, to the extent settled or in litigation, as part of the application. The applicant should provide the current status and continuing updates on ROW litigation or settlements during the course of the siting proceeding.
(iii) Applicants should provide descriptions of all alternative routes considered together with a discussion of the relative merits of each, as part of the testimonial support. The discussion of the relative merits of each should address the environmental, historical, cultural, and aesthetic considerations of each route and the comparative construction cost associated with each alternative route. Descriptions of the proximity of alternative routes to residential and non-residential structures should also be provided.
(iv) Applicants should provide a summary of efforts made to contact and solicit assistance from local governmental entities and other organizations regarding identification of sensitive areas along the proposed routes.
§ 6. Environmental filing requirements.
Applications for siting of electric transmission lines should include as part of the filing requirement under 52 Pa. Code § 57.72(c)(7) the following information:
(i) A matrix showing all required federal, state and local government regulatory permitting or licensing requirements, a time-line for receipt of those requirements and a status report on individual compliance filings at the time of the application. The matrix should include a list of contact persons for each governmental agency. The applicant should provide an update on the status of the permitting/licensing requirements as the case progresses.
§ 7. Health and safety considerations.
(a) Interim guidelines for the use of herbicides and pesticides. Applicants for transmission line siting authority should provide a detailed vegetation management plan that includes the following components:
(i) Use of EPA-approved chemicals only in suitable portions of the ROW on an infrequent basis.
(ii) Application of chemicals only by trained professionals.
(iii) Aerial spraying only as a last resort with defined buffer zones around aquatic areas.
(iv) Provision of notice to affected landowners.
(v) Provision of landowner maintenance agreements that describe the duties and responsibilities of landowners and the utility.
(b) Interim guidelines for EMF impacts. Transmission siting applications should include a detailed EMF mitigation procedure that includes design alternatives to minimize EMF and routing of lines to minimize exposure to populated areas.
[Pa.B. Doc. No. 10-310. Filed for public inspection February 12, 2010, 9:00 a.m.] _______
1 The Mid-Atlantic NIETC designation is currently the subject of a consolidated appeal in the Court of Appeals for the 9th Circuit captioned as The Wilderness Society et al v. U.S. Department of Energy et al Dkt. No. 08-71074. The PAPUC is one of several states and/or state commission petitioners in that consolidated appeal.
2 FERC's interpretation that this provision of EPAct 205 applied to a state's denial of an application was reversed recently by the U.S. Court of Appeals for the Fourth Circuit in Piedmont Environmental Council et al v. Federal Energy Regulatory Commission et al, 558 F.3d 304. The matter is now the subject of a Writ of Certiorari to the U.S. Supreme Court.
3 This matter is currently pending before the Commission.
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