2014 Kentucky Revised Statutes CHAPTER 278 - PUBLIC SERVICE COMMISSION 278.714 Application for certificate to construct nonregulated electric transmission line or carbon dioxide transmission pipeline -- Granting or denial -- Public hearing -- Local public information meeting -- Fee.
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278.714
Application for certificate to construct nonregulated electric
transmission line or carbon dioxide transmission pipeline -- Granting or
denial -- Public hearing -- Local public information meeting -- Fee.
(1)
(2)
No person shall commence to construct a nonregulated electric transmission
line or a carbon dioxide transmission pipeline without a construction certificate
issued by the board. An application for a construction certificate shall be filed at
the offices of the Public Service Commission along with an application fee as
set forth in subsection (6) of this section. The board may hire a consultant to
review the transmission line or carbon dioxide pipeline and provide
recommendations concerning the adequacy of the application and proposed
mitigation measures. The board may direct the consultant to prepare a report
recommending changes in the route of the carbon dioxide pipeline or the route
of the electric transmission line. Any consultant expenses or fees shall be
borne by the applicant.
A completed application shall include the following:
(a) The name, address, and telephone number of the person proposing
construction of the nonregulated electric transmission line or the carbon
dioxide transmission pipeline;
(b) A full description of the proposed route of the electric transmission line or
the carbon dioxide transmission pipeline and its appurtenances. The
description shall include a map or maps showing:
1.
The location of the proposed line or pipeline and all proposed
structures that will support it;
2.
The proposed right-of-way limits;
3.
Existing property lines and the names of persons who own the
property over which the line or pipeline will cross; and
4. a.
The distance of the proposed electric transmission line from
residential neighborhoods, schools, and public and private
parks within one (1) mile of the proposed facilities; or
b.
The distance of the proposed carbon dioxide transmission
pipeline from residential neighborhoods, schools, and parks,
either private or public, within one thousand (1,000) feet of the
proposed facilities;
(c) With respect to electric transmission lines, a full description of the
proposed line and appurtenances, including the following:
1.
Initial and design voltages and capacities;
2.
Length of line;
3.
Terminal points; and
4.
Substation connections;
(d) A statement that the proposed electric transmission line and
appurtenances will be constructed and maintained in accordance with
accepted engineering practices and the National Electric Safety Code;
(e) With respect to both electric transmission lines and carbon dioxide
transmission pipelines, evidence that public notice has been given by
publication in a newspaper of general circulation in the general area
(3)
(4)
(5)
(6)
(7)
concerned. Public notice shall include the location of the proposed electric
transmission line or carbon dioxide pipeline, shall state that the proposed
line or pipeline is subject to approval by the board, and shall provide the
telephone number and address of the Public Service Commission; and
(f) Proof of service of a copy of the application upon the chief executive
officer of each county and municipal corporation in which the proposed
electric transmission line or carbon dioxide transmission pipeline is to be
located, and upon the chief officer of each public agency charged with the
duty of planning land use in the general area in which the line or pipeline
is proposed to be located.
With respect to electric transmission lines, within one hundred twenty (120)
days of receipt of the application, or one hundred eighty (180) days if a local
public hearing is held, the board shall, by majority vote, grant or deny the
construction certificate either in whole or in part. Action to grant the certificate
shall be based on the board's determination that the proposed route of the line
will minimize significant adverse impact on the scenic assets of Kentucky and
that the applicant will construct and maintain the line according to all applicable
legal requirements. In addition, the board may consider the interstate benefits
expected to be achieved by the proposed construction or modification of
electric transmission facilities in the Commonwealth. If the board determines
that locating the transmission line will result in significant degradation of scenic
factors or if the board determines that the construction and maintenance of the
line will be in violation of applicable legal requirements, the board may deny the
application or condition the application's approval upon relocation of the route
of the line, or changes in design or configuration of the line.
A public hearing on an application to construct a nonregulated electric
transmission line may be held in accordance with the provisions of KRS
278.712.
The board shall convene a local public information meeting upon receipt of a
request by not less than three (3) interested persons that reside in the county
or counties in which the carbon dioxide pipeline is proposed to be constructed.
If the board convenes the local public information meeting, the meeting will be
in the county seat of one (1) of the counties, as determined by the board, in
which the proposed carbon dioxide pipeline will be located. The meeting shall
provide an opportunity for members of the public to be briefed and ask the
party proposing the carbon dioxide pipeline questions about the pipeline.
Pursuant to KRS 278.706(3) and (5), the board shall promulgate administrative
regulations to establish an application fee for a construction certificate for:
(a) A nonregulated transmission line; and
(b) A carbon dioxide transmission pipeline.
With respect to carbon dioxide transmission lines, within one hundred twenty
(120) days of receipt of the application or one hundred eighty (180) days if a
local public information meeting is held, the board shall, by majority vote, grant
or deny the construction certificate either in whole or in part. Action to grant the
certificate shall be based on the board's determination that the proposed route
of the pipeline will minimize significant adverse impact on the scenic assets of
Kentucky and that the applicant will construct and maintain the line according
to all applicable legal requirements. In addition, the board may consider the
interstate benefits expected to be achieved by the proposed carbon dioxide
transmission pipeline in the Commonwealth. If the board determines that
locating the transmission line will result in significant degradation of scenic
factors or if the board determines that locating the carbon dioxide transmission
line will be in violation of applicable legal requirements, the board may deny the
application or condition the application's approval upon relocation of the route
of the pipeline.
Effective:April 10, 2014
History: Amended 2014 Ky. Acts ch. 88, sec. 6, effective April 10, 2014. -Amended 2011 Ky. Acts ch. 82, sec. 6, effective June 8, 2011. -- Amended 2006
Ky. Acts ch. 137, sec. 2, effective July 12, 2006. -- Created 2002 Ky. Acts ch.
365, sec. 8, effective April 24, 2002.
Legislative Research Commission Note (10/25/2011). A reference to "subsection
(5)" in subsection (1) of this statute has been changed to "subsection (6)" under
KRS 7.136(1)(e) and (h). In 2011 Ky. Acts ch. 82, sec. 6, the existing subsection
(5) was renumbered as subsection (6), but an internal reference to that
subsection in the existing language of this statute was overlooked.
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