Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
278.020(2), (8)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
278.040(3) authorizes the
commission to promulgate reasonable administrative regulations to implement the
provisions of KRS Chapter 278.
KRS
278.020(2) requires a
certificate of public convenience and necessity to be obtained prior to
construction of an electric transmission line of 138 kilovolts or more and of
more than 5,280 feet in length. This administrative regulation establishes
procedures and minimum filing requirements for an application to construct an
electric transmission line of 138 kilovolts or more and of more than 5,280 feet
in length.
Section 1. Notice of Intent
to File Application.
(1) At least thirty (30)
days but no more than six (6) months prior to filing an application to
construct an electric transmission line of 138 kilo-volts or more and of more
than 5,280 feet in length, an applicant shall file with the commission a notice
of intent to file application. If an applicant fails to file an application
within six (6) months of the filing of the notice, the notice shall
automatically expire without further notice to the applicant.
(2) A notice of intent to file application
shall include:
(a) The name, address,
telephone number, and electronic mail address of the utility that intends to
file the application;
(b) A
description of the proposed construction that will be the subject of the
application; and
(c) The name of
the county or counties in which the construction will be proposed.
Section 2. Application.
To apply for a certificate of public convenience and necessity to construct an
electric transmission line of 138 kilovolts or more and more than 5,280 feet, a
utility shall file with the commission:
(1)
All documents and information required by:
(a)
807 KAR 5:001,
Section 14, except that the applicant shall file the original and six (6)
copies of the application; and
(b)
807 KAR 5:001,
Section 15(2)(a) through (c) and (e) through (f);
(2) Three (3) maps of suitable scale, but no
less than one (1) inch equals 1,000 feet for the project proposed.
(a) The map detail shall show the location of
the proposed transmission line centerline and right of way, and boundaries of
each property crossed by the transmission line right of way as indicated on the
property valuation administrator's maps, modified as required.
(b) Sketches of proposed typical transmission
line support structures shall also be provided.
(c) A separate map of the same scale shall
show any alternative routes that were considered;
(3) A verified statement that, according to
county property valuation administrator records, each property owner over whose
property the transmission line right-of-way is proposed to cross has been sent
by first-class mail, addressed to the property owner at the owner's address as
indicated by the county property valuation administrator records, or hand
delivered:
(a) Notice of the proposed
construction;
(b) The commission
docket number under which the application will be processed and a map showing
the proposed route of the line;
(c)
The address and telephone number of the executive director of the
commission;
(d) A description of
his or her rights to request a local public hearing and to request to intervene
in the case; and
(e) A description
of the project;
(4) A
sample copy of each notice provided to a property owner and a list of the names
and addresses of the property owners to whom the notice has been
sent;
(5) A statement that a notice
of the intent to construct the proposed transmission line has been published in
a newspaper of general circulation in the county or counties in which the
construction is proposed, which notice included a:
(a) Map showing the proposed route;
(b) Statement of the right to request a local
public hearing; and
(c) Statement
that interested persons have the right to request to intervene;
(6) A copy of the newspaper notice
described in subsection 5 of this section; and
(7) A statement as to whether the project
involves sufficient capital outlay to materially affect the existing financial
condition of the utility involved.
Section 3. Local Public Hearing.
(1) Any interested person under
KRS
278.020(8) may request that
a local public hearing be held by sending a written request complying with
subsections (2) and (3) of this section to the Executive Director, Public
Service Commission, 211 Sower Boulevard, P.O. Box 615, Frankfort, Kentucky
40602. This hearing shall be requested no later than thirty (30) days after
filing of an application for a certificate of public convenience and
necessity.
(2) A request for a
local public hearing shall contain:
(a) The
docket number of the case to which the request refers;
(b) The name, address, and telephone number
of the person requesting the hearing; and
(c) A statement as to if the person
requesting the hearing wishes to participate in an evidentiary hearing or to
make unsworn public comment.
(3) If a person requesting a local public
hearing wishes to participate in an evidentiary hearing as well, that person
shall also apply to intervene in the commission proceeding on the application
pursuant to
807 KAR 5:001,
Section 4(11).
(4) At least five
(5) days before the date established by the commission for a local public
hearing, the applicant shall submit to the commission proof that it has given
the general public notice of the hearing in a newspaper of general circulation
in the county or counties in which the construction is proposed.
Section 4. Deviation from Rules.
The provisions of
807 KAR 5:001,
Section 22 apply to applications filed under this administrative regulation,
except that the commission shall not permit a deviation from the requirements
of this administrative regulation unless the commission finds that failure to
permit the deviation will adversely affect utility rates or service.
STATUTORY AUTHORITY:
KRS
278.040(3)