RAPID/Roadmap/8-UT-a

< RAPID‎ | Roadmap
Jump to: navigation, search

RAPID

Regulatory and Permitting Information Desktop Toolkit

Utah Transmission Siting Process (8-UT-a)

This flowchart illustrates the process for obtaining approval from the Utah Public Service Commission (UPSC) for the construction of high voltage power lines as required by the Siting of High Voltage Power Line Act (the “Act”). A developer that is classified as a “public utility” will be required to comply with the Act if their project will involve construction of any high voltage power line over 230kV. This approval is required if the project involves either a generating facility that will need transmission to the point of interconnect or a bulk transmission development project.


Transmission Siting Process Process

8-UT-a.1 to 8-UT-a.2 – Is the Developer a ‘Public Utility’ Constructing a Power Line Over 230kV?

If the developer seeking to construct a high voltage power line over 230kV is considered a ‘public utility,’ then they must comply with the requirements of the Act. A ‘public utility’ includes every railroad corporation, gas corporation, electrical corporation, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer, where the service is performed for the general public. Public utility also includes the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. UC 54-2-1(19)(a).

If the project is not subject to Utah Public Service Commission siting authority, the developer should still consult with local authorities for siting requirements.

8-UT-a.3 - Notice of Intent

There are several pre-filing and content requirements for the Notice of Intent. All work must be completed in close coordination with affected land use authorities. The developer must file a notice of intent at least 90 days before filing a land use application. UC 54-18-301.

The notice of intent must contain:

  • The name and mailing address of the developer;
  • The name, address and phone number for a contact person;
  • The purpose and need for the high voltage power line;
  • A map showing the target study area;
  • A description of environmentally sensitive areas in the target study area;
  • The timing of construction; and
  • A list of affected entities.

UC 54-18-301(2)(b).

8-UT-a.4 - Review and Provide Written Comments

The land use authority of an affected entity (usually county) may provide written comments to the developer within 30 days. UC 54-18-301(2)(c).

8-UT-a.5 - Obtain Affected Parties' Contact Information from Land Use Authority

Upon request, the land use authority should provide contact information for affected parties. The affected parties are usually landowners.

8-UT-a.6 - Give Notice to all Affected Parties

At least 60 days before filing a conditional use permit application with a local land use authority, the developer should send notice to all affected entities, land use authorities for affected entities, and affected landowners. UC 54-18-301(3).

The notice should include:

  • The name and address of the developer;
  • Name, address and telephone number of a contact person;
  • A description of the proposed corridor;
  • A description of the land use application process;
  • A description of how the landowner may participate in a land use authority's land use application process; and
  • The rights of an affected land owner under eminent domain.

UC 54-18-301(3).

8-UT-a.7 - Post Notice of Public Workshops

After the developer files the notice of intent and before it files the land use application, the developer must conduct informal public workshops at locations along the proposed corridor to provide information about:

  • The high voltage power line and
  • The process for obtaining a land use permit. UC 54-18-302(2).

The developer is required to post public notice of the workshops at least 14 days prior to the workshops. The notice must be in a newspaper of general circulation and on radio stations within the target area. Notice must also be provided to any entity affected by the issuance of the permit. UC 54-18-302(2).

8-UT-a.8 - Conduct Public Workshops

The developer conducts informal public workshops at locations along the proposed corridor. The public workshops should inform the public of the planned project. The itinerary for the workshop should be closely coordinated with the local land use authorities. UC 54-18-302(1).

8-UT-a.9 - Land Use Permit Application

The land use permit application depends on the local government. The local land use authority may request cost information for modifications to the utility's proposed corridor. UC 54-18-303(2).

8-UT-a.10 - Review Application

The local land use authority reviews the land use permit application. The land use authority must approve or deny the application within 60 days. The land use authority may withhold the decision until satisfactory completion of the notice of intent and the public workshops. UC 54-18-304(1).

8-UT-a.11 - Does the Local Land Use Authority Approve the Permit Application

The local land use authority must grant or deny a developer’s land use permit within 60 days after filing. UC 54-18-304(1)(a). If the local land use authority does not approve the permit application, the developer may appeal the decision to the Utility Facility Review Board (UFRB). Appeal to the UFRB is allowed if the facility is needed to provide safe, reliable, adequate, and efficient service to the developer’s customers. UC 54-14.

8-UT-a.12 – Does the Local Land Use Authority Approve the Permit with Conditions?

A local land use authority may require or condition the construction of a facility in any manner if:

  • The requirements or conditions do not impair the ability of the developer to provide safe, reliable, and adequate service to its customers; and
  • The local land use authority pays for the actual excess cost resulting from the requirements or conditions, except:
  1. Any actual excess costs that the developer collects from its customers pursuant to an order, rule, or regulation of the Commission; or
  2. Any portion of the actual excess costs that the UFRB requires to be borne by the developer. UC 54-14-201.

If the local land use authority seeks to impose conditions on the construction of the facility, then the developer is required to provide to the local land use authority information regarding the standard costs and the estimated excess costs of the facility if constructed in accordance with the proposed conditions. UC 54-14-201.

8-UT-a.13 - Land Use Permit

Before a developer may file a land use application for a proposed high voltage power line, the developer must identify a proposed corridor in the land use application after providing notice of intent and conducting workshops. The notice of intent and public workshops addressed above satisfy the requirement.

8-UT-a.14 – Apply for UFRB Review

The developer may request review of the local land use authority’s decision by the UFRB.

8-UT-a.15 – Does the UFRB Agree to Review the Decision?

The UFRB may agree or refuse to review a decision by the UPSC.

8-UT-a.16 – Conduct Initial Hearing

The UFRB must convene an initial hearing within 50 days after it initiates review. The UFRB must do the following at the initial hearing:

  • Determine how the review will take place, including whether it will be conducted as a formal or informal adjudicative proceeding; and
  • Set a schedule for the review proceeding. UC 54-14-304(2)

8-UT-a.17 – Conduct Hearing on the Merits

The UFRB must hold a hearing on the merits of the dispute within 60 days after the initial hearing. UC 54-14-304(3).

8-UT-a.18 – Decision on the Review

The UFRB must issue a written decision on the review no later than 75 days following the initial hearing. The written decision must:

  • Specify whether the facility should be constructed and, if so, whether any requirements or conditions imposed by the local land use authority may not be imposed because they impair the ability of the developer to provide safe, reliable, and adequate service to its customers; and
  • Resolve any dispute regarding the following:
  1. The standard cost or estimated excess cost of the facility;
  2. The date on which construction of the facility should commence in order to avoid a significant risk of impairment of safe, reliable, and adequate service to developer’s customers;
  3. Whether the developer has sought a permit, authorization, approval, exception, or waiver with respect to a facility sufficiently in advance of the date construction should commence, based on reasonably foreseeable conditions, to allow the local land use authority reasonable time to pay for any estimated excess cost;
  4. Apportionment of the actual excess cost of the facility between the local land use authority and the developer; or
  5. The proposed location and siting of a facility subject to the High Voltage Power Line Act.

8-UT-a.19 – Provide Supplemental Information

If a local land use authority is considering imposing requirements or conditions on construction that may result in an estimated excess cost and requests that the developer provide the estimated excess cost, then the developer must provide the necessary supplemental information. If the local government recommends an alternative to the developer’s proposed high voltage transmission line corridor, then the developer must provide the necessary supplemental information. UC 54-14-202(1)(a).

If supplemental information is required, then the developer must provide the following:

  • The estimated standard cost of the facility;
  • The estimated excess cost of the facility if constructed in accordance with local land use authority requirements or conditions; and
  • The estimated cost of the alternative line corridor proposed by a local land use authority provided that all affected land use authorities agree to the alternative line corridor proposed by the local land use authority. UC 54-14-202(1)(b).

If the developer fails to provide the necessary supplemental information, then the UFRB may delay issuing a written decision. Once the developer provides the necessary information, the UFRB may suspend issuing its written decision for 30 days.

8-UT-a.20 – Is there a Dispute Over Actual Excess Costs?

If a dispute develops between the local land use authority and the developer, then either party may seek review by the UFRB. UC 54-14-203.

8-UT-a.21 – Pay Actual Excess Costs

The local land use authority is required to pay any actual excess costs attributable to their condition on permit acceptance. If the UFRB refuses to review the decision of the local land use authority with respect to permit conditions, then the local land use authority will pay the actual excess costs outlined in their original decision. If the UFRB reviews the decision of the local land use authority, then the local land use authority will be required to pay the amount deemed necessary by the UFRB following review. UC 54-14-204.

If the local land use authority fails to pay the actual excess costs of the condition within 30 days before construction will commence, then the condition will be deemed waived. UC 54-14-204.

8-UT-a.22 – Obtain Competitive Bids

If the local land use authority does not accept the actual excess cost established by the developer, then they will request that the developer obtain competitive bids for the facility if constructed in accordance with the requirements and conditions of the local government. If the developer is required to obtain competitive bids, then the actual excess cost of the facility must be the difference between the lowest acceptable bid plus the developer’s contract administration and oversight expense and the standard cost of the facility. UC 54-14-203(2).

8-UT-a.23 – Is there a Dispute over the Competitive Bid Findings?

Any dispute regarding specifications, lowest acceptable bid, or administration and oversight expenses must be resolved by the UFRB on an expedited basis. UC 54-14-203(3).

8-UT-a.24 – Apply for UFRB Review

The developer may request review of the local government’s decision by the UFRB. UC 54-14-102(2).

8-UT-a.25 – Does the UFRB Agree to Review the Decision?

The UFRB may agree or refuse to review a decision by a local land use authority.

8-UT-a.26 – Conduct Initial Hearing

The UFRB must convene an initial hearing within 50 days after agreeing to review the decision. The UFRB must do the following at the initial hearing:

  • Determine how the review will take place, including whether it will be conducted as a formal or informal adjudicative proceeding; and
  • Set a schedule for the review proceeding. UC 54-14-304(2)

8-UT-a.27 – Conduct Hearing on the Merits

The UFRB must hold a hearing on the merits of the dispute within 60 days after the initial hearing. UC 54-14-304(3).

8-UT-a.28 to 8-UT-a.29 – Decision on the Review

The UFRB must issue a written decision on the review no later than 75 days following the initial hearing. The written decision must:

  • Specify whether the facility should be constructed and, if so, whether any requirements or conditions imposed by the local land use authority may not be imposed because they impair the ability of the public utility to provide safe, reliable, and adequate service to its customers; and
  • Resolve any dispute regarding the following:
  1. The standard cost or estimated excess cost of the facility;
  2. The date on which construction of the facility should commence in order to avoid a significant risk of impairment of safe, reliable, and adequate service to customers of the public utility;
  3. Whether the developer has sought a permit, authorization, approval, exception, or waiver with respect to a facility sufficiently in advance of the date construction should commence, based on reasonably foreseeable conditions, to allow the local government reasonable time to pay for any estimated excess cost;
  4. Apportionment of the actual excess cost of the facility between the local government and the developer; or
  5. The proposed location and siting of a facility subject to the High Voltage Power Line Act. UC 54-14-305.

Following the final decision of the UFRB, the local government will be required to pay the actual excess costs determined by the UFRB during review. UC 54-14-306.




Contact Information

| Add a Contact



References

| Add a Reference


Print PDF



Edit Utah Public Service Commission
Power Plant and Transmission Siting Contact
801.530.6770
rlwilson@utahabbazabbagov
Visit Website