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RAPID

Regulatory and Permitting Information Desktop Toolkit

Bulk Transmission Siting & Interconnection Overview (8)

Transmission is rarely limited to the jurisdiction of one federal, state or local agency. Consequently, many different laws and regulations govern how agencies interact with one another when approving large-scale transmission projects across their land.


Siting & Interconnection Overview Process

8.1 to 8.2 – Does the Project Require Federal Authorizations?

Section 216(h) of the Federal Power Act (16 USC § 824p (h)) authorizes the United States Department of Energy (DOE) to act as the lead agency for coordinating all applicable federal authorizations and related environmental reviews for siting a transmission facility on federal land. In addition, to the maximum extent practicable the Secretary of Energy must also coordinate the federal authorization and review process with any tribe, multistate entity, or state agency that is responsible for conducting permitting and environmental reviews associated with the facility. The DOE has entered into a Memorandum of Understanding with other federal agencies to delegate its authority as lead agency. For more information on the federal authorization coordination process see:

Federal Authorization Coordination Process:
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8.3 to 8.7 – Is the Transmission Facility In an NIETC?

Under Section 216(a) of the Federal Power Act (16 USC § 824p (a)) the Secretary of Energy is required to conduct a study of electric transmission congestion, issue a report, and if necessary designate any geographic area experiencing transmission capacity constraints or congestion that adversely affects consumers as a National Interest Electric Transmission Corridor (NIETC). Under Section 216(b) of the Federal Power Act (16 USC § 824p (b)) the Federal Energy Regulatory Commission (FERC) has jurisdiction over construction permits for transmission facilities in NIETCs used for the transmission of energy in interstate commerce if:

  • A state in which the transmission facility is to be constructed or modified does not have authority to approve the siting of the facility;
  • A state in which the transmission facility is to be constructed or modified does not have authority to consider the interstate benefits expected to be achieved by the proposed construction or modification of the facility;
  • The applicant for a permit is a transmitting utility under the Federal Power Act but does not qualify to apply for a permit or siting approval for the prosed project in a state because the applicant does not serve end-use customers in the state;
  • A state commission or other entity that has authority to approve the siting of the transmission facility has withheld approval for more than one year after the filing of an application seeking approval pursuant to applicable law or one year after the designation of the relevant NIETC, whichever is later (Note: This does not give FERC permitting authority when a state has affirmatively denied a permit application within the one year deadline, see Pedmont Envtl. Council v. FERC, 558 F.3d 304 (4th Cir. 2009); or
  • A state commission or other entity that has authority to approve the siting of the transmission facility has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission congestion in interstate commerce or is not economically feasible.


FERC Electric Transmission Construction Permit:
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In states in which the DOE has designated an NIETC, the state may have its own NIETC route approval process. This process may be connected or separate from a state coordinated process for siting transmission facilities. The states of Washington and Idaho have processes applicable to NIETCs.

State NIETC Route Approval Process:
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8.8 to 8.9 – Does the State Have a Comprehensive Siting Process for Transmission Facilities?

The state may have a process for siting and/or coordinating the various reviews and approvals required for constructing a transmission facility. The coordinated approach may consolidate the siting process and most permitting functions under the authority of a single state agency.

Arizona

The Arizona Corporation Commission (ACC) has authority over the transmission siting process in the state of Arizona. Any utility planning to construct a transmission line designed to operate at 115kV or more must file an application for a Certificate of Environmental Compatibility (CEC) with the ACC prior to construction. ARS 40-360(10) and 40-360.03. A “utility” is defined, in part, as “any person engaged in the…transmission of electric energy.” ARS 40-360(11). “Person is defined as “any state or agency, or political subdivision thereof, or any individual, partnership, joint venture, corporation, city or county, whether located within or without this state, or any combination of such entities.” ARS 40-360(8).

Transmission Siting Process:
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California

In most cases, an electric public utility must obtain a Certificate of Public Convenience and Necessity (CPCN) or a Permit to Construct from the California Public Utilities Commission (CPUC) before constructing new transmission lines. Section XIV(b) of General Order 131-D clarifies that regulation of transmission line siting by local authorities is preempted by CPUC. As a result, there are only a few instances where siting approval must be obtained before constructing new transmission lines.

Note: municipally owned utilities (MOUs) site their own transmission lines and do not need to obtain a CPCN from CPUC.

Transmission Siting Process:
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Colorado

Colorado’s transmission permitting process reflects both state and local government involvement.

The process is highly decentralized, taking place primarily at the local government level. For the purposes of bulk transmission facility siting, local government is defined as, “a county, home rule or statutory city, town, territorial charter city, or city and county.” C.R.S. 24-65.1-102(2). State involvement in the transmission siting process is more limited. The Colorado Public Utilities Commission (PUC) governs the process for appeals arising from local government permitting matters.

Transmission Siting Process:
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Hawaii

A utility permit or approval is required for all transmission construction, reconstruction and maintenance activities. Transmission lines are added when needed to serve increased loads and for reliability reasons. At the state level utility permits are issued by the Hawaii Public Utilities Commission (PUC). The process of acquiring permits can be contentious, time consuming and costly. In almost all cases, developers siting transmission lines are classified as public utilities. Public utility is defined, in part, as “…every person who may own, control, operate or manage as owner, lessee, trustee, receiver or otherwise, whether under a franchise, charter, license, articles of association, or otherwise, any plant or equipment, or any part thereof, directly or indirectly for public use for…the transmission of intelligence by electricity…or transmission…of light, power, heat (or) cold. H.R.S. 269-1(1).

Transmission Siting Process:
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Idaho

In Idaho, siting is predominantly handled at the local level based on state regulations.

Transmission Siting Process:
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In addition, any person intending to construct electric transmission facilities may qualify for priority designation. The developer must file an application for priority designation with the Idaho Public Utilities Commission (the "Commission"). If the Commission issues an order granting priority designation, then any state agencies later involved in the permitting or siting processes for the electric transmission facilities must give the application priority or immediate attention as it relates to reviews, permits, reports, studies or comments. Idaho Code 61-516(3). In determining whether the Commission should issue a priority designation, the Commission will consider whether the proposed construction of electric transmission facilities will:

  • Benefit Idaho customers and the Idaho economy;
  • Improve electric transmission capacity and reliability in Idaho and the region; and
  • Promote the public interest. Idaho Code 61-516(4).

Iowa

In Iowa, a developer must obtain an Electric Transmission Line Franchise from the Iowa Utilities Board in order to construct transmission lines capable of carrying a voltage of 69kV or greater across public or private lands in the state. For more information, see:

Transmission Siting Process:
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Kansas

In Kansas, a developer may need to obtain a siting permit from the Kansas Corporation Commission (KCC) prior to preparing a site for the construction of an electric transmission line. K.S.A. §§ 66-1177, 1182. KCC has the authority to regulate transmission facilities pursuant to K.S.A. §§ 66-1177, et seq., Kansas Siting Act. For more information, see:

Transmission Siting Permit:
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Minnesota

In Minnesota, a developer must obtain a Route Permit from the Minnesota Public Utility Commission to construct and operate a high-voltage transmission line. Minn. Stat. §216E.03(2). A high-voltage transmission line is a transmission line and associated facilities capable of operating at 100 kilovolts or more. Minn. Stat. §216E.01(4); Minn. Admin. R. § 7850.1000. For more information, see:

Route Permit:
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Montana

Transmission line developers may need to obtain a Certificate of Compliance in the state of Montana. A certificate of compliance is generally obtained through the Montana Department of Environmental Quality (DEQ) under the Montana Code Annotated Title 75, Chapter 20 for regulated transmission facilities. A developer may not begin construction on a ‘facility’ within the state without first obtaining a Certificate of Compliance. A ‘facility’ includes each electric transmission line and associated facilities of a design capacity of more than 69 kV, with a few exceptions. MCA 75-20-104(8).

Transmission Siting Process:
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New Mexico

The New Mexico Public Regulation Commission (NMPRC) has siting authority for the construction of all electric transmission lines with a capacity of 230kV or more. Any person proposing to construct transmission lines with a capacity of 230kV or more must file an Application for a Location Permit with the NMPRC. NM Stat. 62-9-3(B). “Person” is defined as “an individual, firm, partnership, company, rural electric cooperative, corporation or lessee, trustee or receiver appointed by any court.” NM Stat. 62-3-3(E).

Transmission Siting Process:
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Ohio


In Ohio, a developer may need to obtain a Certificate of Environmental Compatibility and Public Need from the Ohio Power Siting Board. O.R.C. § 4906.04; O.R.C. § 4906.98(A). The Ohio Power Siting Board has authority to regulate transmission facilities pursuant to O.R.C. §§ 4906.01 et seq., Power Siting. For more information, see:

Transmission Siting Process:
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Oregon

The Oregon Department of Energy (ODOE) controls the transmission siting process for projects that meet the definition of “energy facilities.” The Oregon Energy Facility Siting Council (EFSC) makes decisions on energy facility project siting. Developers seeking to site energy facilities in Oregon must obtain a Site Certificate from the EFSC. O.R.S. 469.320. “Energy facilities” is defined, in part, as “ A high voltage transmission line of more than 10 miles in length with a capacity of 230kV or more to be constructed in more than one city or county in Oregon." This definition does not include transmission projects to be constructed within 500 feet of an existing corridor occupied by high voltage transmission lines with a capacity of 230kV or more, or lines of 57kV or more that are rebuilt and upgraded to 230kV along the same right of way. O.R.S. 469.300(11)(a)(C).

Transmission Siting Process:
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South Dakota

In South Dakota, a developer may need to obtain an Energy Facility Permit from the South Dakota Public Utilities Commission (SDPUC) prior to constructing an energy conversion facility or transmission facility. 49-41B S.D. § 4. The SDPUC is the primary agency with jurisdiction over transmission siting in South Dakota and regulates transmission siting in accordance with the South Dakota Energy Facility Permit Act and 20:10 S.D. §§ 22:01 et seq.. 49-41B S.D. § 37. For more information, see:

Transmission Siting Process:
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Texas

The Public Utility Commission of Texas (PUCT) handles transmission line siting in Texas.

Any new transmission line will require a Certificate of Convenience and Necessity (CCN). However, minor modifications and maintenance to an existing transmission system may not need a CCN.

Transmission Siting Process:
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Utah

The Utah Public Service Commission (UPSC) regulates 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:
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Washington

The Washington State Energy Facility Site Evaluation Council oversees the process to obtain transmission siting certification. Transmission siting certification is required by any developer seeking certification for the construction, reconstruction, or modification of electrical transmission facilities under RCW 80.50.045 and any facility that is located in a national interest electric transmission corridor as specified in RCW 80.50.045. The following two types of facilities may obtain certification, but it is not mandatory:

  • Facility with a nominal voltage of at least 115,000 volts, and is proposed to be located in a completely new corridor which is located in more than one jurisdiction where at least one such jurisdiction has promulgated land use plans or zoning ordinances.
  • Facility with a nominal voltage in excess of 115,000 volts, and is proposed to be located outside an existing or designated electrical transmission corridor identified in the previous two categories. WAC 463-61-030.

Transmission Site Certification:
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Wyoming

The Wyoming Industrial Development Information and Siting Act requires developers to obtain a permit from the Industrial Siting Council (ISC) for projects that qualify as an “industrial facility.” See Wyo. Stat. § 35-12-106(a). An “industrial facility” is any facility whose estimated construction costs are at or above the threshold listed in Wyo. Stat. § 35-12-102(a)(vii) (the current threshold is $198,000,000 and is updated twice a year).

Applications for the permit are submitted to and processed by the Industrial Siting Division (ISD) of the Wyoming Department of Environmental Quality, while the ISC makes the permitting decision.

Industrial Development Information and Siting Act Permitting Process:
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8.10 to 8.11 – Does the Facility Require Approval from a State Utility Regulatory Authority?

Depending on the requirements of the particular state, the developer may need a certificate of public convenience and necessity (CPCN) or other approval from a state utility regulatory authority such as a public utilities commission. Whether the transmission facility will require a CPCN differs by state:

Alaska

As a utility, transmission facilities will be regulated under Alaska's Certificate of Public Convenience and Necessity (CPCN) process by the Regulatory Commission of Alaska. Under the Alaska Public Utilities Regulatory Act, transmission is included in Alaska's regulation of public utilities. According to AS 42.05.990(6), "public utility" or "utility" includes every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant, pipeline, or system for furnishing, by generation, transmission, or distribution, electrical service to the public for compensation.

Certificate of Convenience and Necessity:
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Arizona

The Arizona Corporation Commission (ACC) has authority over the transmission siting process in the state of Arizona. In Arizona a public service corporation must obtain a Certificate of Convenience and Necessity prior to constructing a transmission project. ARS 40-281. A “public service corporation” is defined, in part, as “all corporations other than municipal engaged in furnishing…electricity for light, fuel or power…” Arizona Const. Art. 15, Sec.2. Specifically, bulk transmission providers will fall under the class of public service corporations deemed “electric service providers.” An electric service provider is a “company supplying, marketing, or brokering at retail any Competitive Services pursuant to a Certificate of Convenience and Necessity.” AAC R14-2-1601(15). In SWTC v. Arizona Corp. Comn, 142 P3d 1240 (2006) the Arizona Court of Appeals found that a wholesale transmission provider is still a public service corporation subject to regulation and CCN requirements.

Certificate of Convenience and Necessity:
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California

The California Public Utilities Commission (CPUC) is the primary transmission siting agency in California. The CPUC also works with other agencies such as the California Energy Commission (CEC) and local city or counties during the siting process. In determining whether to allow the development of a proposed transmission project the CPUC takes into consideration factors such as the size of the proposed project, any environmental impacts the project might cause, and the state’s need for the project. The CPUC requires different permits depending on the type and size of the proposed project. The CPUC defines a transmission line facility as a facility with an operation voltage of 200 kV or more. A developer is required to obtain a Certificate of Public Convenience and Necessity (CPCN) before construction of a transmission line facility. The CPUC defines a transmission project with a operation voltage between 50 kV and 200 kV as a power line facility or a substation. A developer is required to obtain a Permit to Construct before beginning development of a power line facility or a substation.

CPUC Process for Transmission Facilities:
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Colorado

The Colorado Public Utilities Commission (PUC) requires developers, which fall under the definition of “public utility” and “cooperative electrical associations” which choose not to be regulated as public utilities (CEAs), to apply for a Certificate of Public Convenience and Necessity (CPCN) for new construction and extension of transmission facilities in the state. 4 C.C.R. 723-3-3206.

“Public utility” is defined, in part, as “…every…electrical corporation…person or municipality operating for the purpose of supplying the public for domestic, mechanical or public uses, and every corporation or person declared by law to be affected with a public interest…” C.R.S. 40-1-103(1)(a)(I). “Person” is defined as “any individual, firm, partnership, corporation, company, association, joint stock association, and other legal entity.” C.R.S. 40-1-102(10). CEAs are utilities that are owned by the member-consumers they serve and regulated by those member-consumers, acting through an elected governing body. C.R.S. 40-9.5-101.

CEAs that choose not to be regulated as public utilities will be exempt from the CPCN requirement if they meet certain criteria. The developer must comply with local government regulation regardless of whether a CPCN is required. C.R.S. 40-5-101(1)(b)(3).

Certificate of Public Convenience and Necessity:
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Hawaii

Hawaii does not require other approval from the public utility commission for transmission projects.

Idaho

The Idaho Public Utilities Commission (the “Commission”) requires any “public utility” seeking to construct a transmission line, plant, or system to receive a CPCN before beginning construction. I.C. 61-526.

The siting of transmission lines in Idaho is not exclusive to the state government. Each local government has authority to adopt its own zoning ordinance and comprehensive plan; therefore, the siting of electric transmission lines may be regulated differently by different local governments. However, an order of the IPUC, including the granting of a CPCN, may preempt any action or order of a state or local government agency in conflict with the IPUC order, so long as the IPUC has given the agency the opportunity to consult with it before entering the order. The Idaho Office of Energy Resources ("OER") has responsibility for energy planning, policy, and coordination of state and local siting issues that arise between state and local siting agencies.

Certificate of Public Convenience and Necessity:
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Illinois

In Illinois, a developer may need to obtain a Certificate of Public Convenience and Necessity “…prior to any [public] utility construction…” from the Illinois Commerce Commission (“ICC”). Illinois Public Utilities Act (220 I.L.C.S §§ 5 et seq.). The ICC has the authority to regulate all public utilities pursuant to Illinois Public Utilities Act (220 I.L.C.S §§ 5 et seq.), and Illinois Regulations – 83 I.A.C. §§ 100 et seq., Public Utilities.

A “public utility” is defined to include “…every corporation, limited liability company, association, … partnership, or individual…that owns, controls, operates or manages, within in the State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls…the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, or light…” 220 I.L.C.S § 5/3-105(a)-(a)(1). For more information, see:

Certificate of Public Convenience and Necessity:
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Iowa

Iowa does not require other approval from the public utility commission for transmission projects.

Kansas

Kansas does not require other approval from the public utility commission for transmission projects.

Michigan

The Michigan Public Service Commission (MPSC) has authority over the transmission siting process in the state of Michigan. Under the Electric Transmission Line Certification Act, a developer may need to obtain a Certificate of Public Convenience and Necessity (CPCN) from the MPSC in order to construct a major transmission line. A “major transmission line” is a transmission line of 5 miles or more in length that is wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company and through which electricity is transferred at system bulk supply voltage of 345 kilovolts or more. MCL § 460.562; MCL § 460.565. For more information, see: Certificate of Public Convenience and Necessity:
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Minnesota

In Minnesota, a bulk transmission developer must obtain a Certificate of Need from the Minnesota Public Utilities Commission to site or construct a large energy facility. Minn. Stat. §216B.243(2). A “large energy facility” includes “…any high-voltage transmission line with a capacity of 200 kilovolts or more and greater than ten (10) miles of its length in Minnesota or that crosses a state line…” or “…any high-voltage transmission line with a capacity of 200 kilovolts or more and greater than 1,500 feet in length…” Minn. Stat. §216B.2421(2)(2)-(3). For more information, see:

Certificate of Need:
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Missouri

In Missouri, an electrical corporation must obtain a Certificate of Convenience and Necessity (CCN) from the Missouri Public Service Commission (MPSC) prior to constructing an electric plant. Mo. Rev. Stat. § 393.170.1. The MPSC has authority to regulate all electrical corporation construction and operation of electrical facilities pursuant to Missouri – Mo. Rev. Stat. §§ 393.010 et seq., Gas, Electric, Water, Heating and Sewer Companies and Missouri Regulations – 4 C.S.R. §§ 240 et seq., Public Service Commission, and to grant a CCN after determining it is “. . . necessary or convenient for the public service.” Mo. Rev. Stat. § 393.170.3. For more information, see:

Certificate of Convenience and Necessity:
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Montana

Montana does not require other approval from the public utility commission for transmission projects.

Nebraska

In Nebraska, a transmission developer must obtain authority to construct, operate and maintain electric transmission lines that exceed 700 volts from the Nebraska Power Review Board. 70 N.R.S. § 1012(1). For more information, see:

Power Review Board Transmission Approval:
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New Mexico

The New Mexico Public Regulation Commission (NMPRC) has authority over the siting of high voltage transmission lines in the state. If the developer is a “public utility,” it must obtain a Certificate of Public Convenience and Necessity (CPCN) from the NMPRC before commencing construction. NM Stat. 62-9-1(A).

Certificate of Public Convenience and Necessity:
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Nevada

The Public Utilities Commission of Nevada (PUC) requires any person who will own, control, operate, or maintain a public utility to obtain a Certificate of Public Convenience and Necessity (CPCN) before constructing the facility. See NRS 704.330. If the facility is not a public utility, or if it is exempt under NRS 704.021 or NRS 730.340, a CPCN is not required. The term “public utility” includes “[a]ny plant or equipment, or any part of a plant or equipment, within this State for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities.” See NRS 704.020(2)(a). Based on this definition, it is likely that most transmission projects will require a CPCN.

Certificate of Public Convenience and Necessity:
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Ohio

Ohio does not require other approval from the public utility commission for transmission projects.

Oregon

The Oregon Public Utility Commission (PUC) oversees the process for obtaining a Certificate of Public Convenience and Necessity in the state of Oregon. When a developer proposes to construct an overhead transmission line which will require the condemnation of land or an interest in the condemnation of land, they must petition the Oregon Public Utility Commission (PUC) for a Certificate. ORS 758.015.

Certificate of Public Convenience and Necessity:
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South Dakota

South Dakota does not require other approval from the public utility commission for transmission projects.

Texas

Texas does not require other approval from the public utility commission for transmission projects.

Utah

The Utah Public Service Commission (PSC) regulates public utilities in the state. However, the PSC does not have direct siting authority for the siting of electrical transmission lines. Siting authority for electrical transmission lines comes from state and local land use and permitting regulations, which include obtaining a Certificate of Public Convenience and Necessity (CPCN) from the PSC. See Transmission Siting in the Western United States. “Public utilities” include “electric corporations,” which are defined, in part, as “every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electrical plant, or in any way furnishing electric power for public service or to its customers or members for domestic, commercial, or industrial use…” Utah Code Ann. 54-2-1 (7)(a).

Certificate of Public Convenience and Necessity:
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Washington

Washington State does not require other approval from the public utility commission for transmission projects.

Wisconsin

In Wisconsin, a developer may need to obtain either a Certificate of Authority (“CA”) or a Certificate of Public Convenience and Necessity (“CPCN”) from the Wisconsin Public Service Commission (“WPSC”) to construct a new electric transmission facility. WPSC – Application Filing Requirements for Transmission Line Projects, at p.1. The WPSC has two separate review processes for transmission projects in Wisconsin. The process required depends on the voltage, length, and cost of the project. For more information, see:

Public Service Commission Certificates for Transmission Facilities:
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Wyoming

Wyo. Stat. § 37-2-205(a) requires public utilities to obtain a Certificate of Public Convenience and Necessity (CPCN) from the Wyoming Public Service Commission (PSC) before constructing a transmission line. For purposes of a transmission line, a “public utility” is defined by Wyo. Stat. § 37-1-101(a)(vi) to mean “every person that owns, operates, leases, controls, or has the power to operate, lease, or control:

(C) Any plant, property or facility for the generation, transmission, distribution, sale or furnishing to or for the public of electricity for light, heat or power, including any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.”

Therefore, developers whose transmission lines will not provide electricity to the public do not need to obtain a CPCN. Rules governing the PSC’s CPCN application process can be found in sections 204 through 206 of the PSC’s General Regulations.

8.12 to 8.13 – Does the Facility Require Any Additional State-Level Construction or Location Approvals?

In addition to a state siting process or certificate from a public utility commission, states may require various construction or location approvals for siting and constructing a transmission facility.

Alaska

Alaska does not require additional state approvals for the construction of transmission projects.

Arizona

Arizona does not require additional state approvals for the construction of transmission projects.

California

California does not require additional state approvals for the construction of transmission projects.

Colorado

Colorado does not require additional state approvals for the construction of transmission projects.

Hawaii

Hawaii does not require additional state approvals for the construction of transmission projects.

Idaho

Idaho does not require additional state approvals for the construction of transmission projects.

Illinois

Illinois does not require additional state approvals for the construction of transmission projects.

Kansas

Kansas does not require additional state approvals for the construction of transmission projects.

Michigan

Michigan does not require additional state approvals for the construction of transmission projects.

Missouri

Missouri does not require additional state approvals for the construction of transmission projects.

Montana

Montana does not require additional state approvals for the construction of transmission projects.

Nebraska

In Nebraska, a transmission developer must obtain authority to construct certain electric transmission lines from the Nebraska Public Service Commission. For more information, see:

Public Service Commission Transmission Approval:
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New Mexico

The New Mexico Public Regulation Commission (NMPRC) has siting authority for the construction of all electric transmission lines requiring a right of way (ROW) width greater than 100 feet. Any person proposing to construct transmission lines requiring a ROW width greater than 100 feet must file an Application for Determination of Right of Way (“application”) with the NMPRC. NM Stat. 62-9-3.2(A). “Person” is defined as “an individual, firm, partnership, company, rural electric cooperative, corporation or lessee, trustee or receiver appointed by any court.” NM Stat. 62-3-3(E).

State Determination of Right-of-Way Width Process:
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Nevada

Developers must obtain a special use permit prior to initiating the construction of a transmission line located outside an above ground utility corridor. The process for obtaining special use permits for the construction of transmission lines in Nevada is delegated to counties and municipalities (local governments) but the general procedures for special use permitting are outlined in the state statutes. NRS 278.26503. The developer should consult local government permitting regulations to determine specific application requirements for each affected jurisdiction. Review of local government decisions regarding the approval or denial of special use permits is handled by the Public Utilities Commission of Nevada (PUC). NRS 238.26506(1).

Special Use Permit for Utilities:
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Oregon

Oregon does not require additional state approvals for the construction of transmission projects.

South Dakota

South Dakota does not require additional state approvals for the construction of transmission projects.


Texas

Texas does not require additional state approvals for the construction of transmission projects.

Utah

Utah does not require additional state approvals for the construction of transmission projects.

Washington

Washington does not require additional state approvals for the construction of transmission projects.

Wisconsin

Wisconsin does not require additional state approvals for the construction of transmission projects.

Wyoming

Wyoming does not require a siting process or certificate from the public utility commission for construction of transmission projects.

8.14 to 8.16 – Does the Facility Require a County or Municipal Construction Approval?

County and municipal governments play a large role in the transmission facility approval process. In all states, unless superseded by state authority, the developer will be required to comply with local zoning regulations. However, some states grant a larger approval role to local governments. For example, Colorado’s “1041 Regulations” authorize cities and counties to regulate by permit, activities within certain areas of state interest. A developer should consult all counties and municipalities in which the transmission facility will be located to assure compliance with all local regulations.




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