OAR 860-025-0030
Petitions for Certificate of Public Convenience and Necessity for Construction of Overhead Transmission Lines
(1)
Petitions under ORS 758.015 (Certificate of public convenience and necessity), for a certificate of public convenience and necessity to construct an overhead transmission line, which will necessitate a condemnation of land or an interest therein, shall contain the following information:(a)
The information required under OAR 860-025-0005 (Applicability and Formal Requirements).(b)
A detailed description and the purpose of the proposed transmission line which shall include but not be limited to a general description of the proposed route, voltage and capacity of the line. The project description should be in sufficient detail to enable a full understanding of the public convenience, necessity and justification in the public interest for the proposed transmission line and the benefits to be derived therefrom, and to enable a determination of its safety and practicability.(c)
A map or maps drawn to appropriate scale showing the general location and boundaries of petitioner’s service area to be connected or served by the proposed transmission line and showing, by appropriate distinguishing colors and symbols, but not limited to, the following information:(A)
Proposed route, voltage and capacity of the proposed transmission line.(B)
Available alternate routes.(C)
Other transmission lines and substations of petitioner connecting or serving or capable of being adopted to connect or serve the areas covered by the proposed transmission line.(D)
The terminals, substations, sources of energy, and load centers related to the proposed project.(E)
Land to be condemned.(d)
An estimate of the cost of developing the project including:(A)
Land and land rights to be condemned.(B)
Other land and land rights acquired or to be acquired.(C)
Transmission facilities.(D)
Substation, accessory and miscellaneous labor, plant and equipment.(E)
Indirect and overhead costs including engineering, legal expense, taxes, interest during construction, and itemized administrative and general expenses.(F)
Any other costs, direct or indirect, relating to the project.(G)
Such explanation of the various cost estimates as needed to enable a full understanding of their basis and derivation.(e)
An explanation of the financial feasibility of the proposed project, including the kind, nature, extent and estimated growth of the energy requirements or reasonably anticipated need, load or demand, for the proposed transmission line.(f)
A description of the property and interest to be condemned, a full explanation of the intended use, and the specific necessity and convenience for the taking of said property:(A)
A map must be included whereon the land to be condemned is clearly marked, and the general contour, culture and improvements along that portion of the route are clearly shown.(B)
The names and addresses of all persons who have interests, known or of record, in the land to be affected or traversed by the proposed route from whom applicant has not acquired the necessary rights of way or option therefor.(g)
A statement and explanation with supporting data comparable to that described in subsections (d) and (e) of this section for possible alternative routes.(h)
Such additional information as may be needed for a full understanding of the situation.(i)
Such information and supporting data needed for the Commission to satisfy the land use findings requirement described in sections (2), (3), and (4) of this rule.(2)
The Commission, as part of its approval of a Certificate of Public Convenience and Necessity, shall adopt findings which assure the proposed transmission project complies with the Statewide Planning Goals and is compatible with the acknowledged comprehensive plan(s) and land use regulations of each local government where the project is to be located. The Commission’s findings shall be developed under the rules and procedures in the Commission’s state agency coordination program pursuant to ORS 197.180 (State agency planning responsibilities).(3)
The Commission’s land use findings assuring the proposed project’s goal compliance and plan compatibility shall be based on the hearing record, which shall include at least one of the following:(a)
A copy of the local land use permit from each affected city or county planning agency, building department, or governing body stating that the proposed transmission project has received the jurisdiction’s approval; or(b)
A copy of a letter from each affected local planning agency, building department, or governing body stating that the proposed transmission project is permitted under the jurisdiction’s comprehensive plan, land use regulations, and development codes, but does not require specific approval by the jurisdiction; or(c)
Other written or oral land use information and documentation equivalent to OAR 860-025-0030 (Petitions for Certificate of Public Convenience and Necessity for Construction of Overhead Transmission Lines)(3)(a) or (b) above properly presented to the Commission from an authorized representative from each affected city or county; or(d)
Commission goal compliance findings adopted pursuant to OAR 660-030-0065 (Agency Compliance with the Statewide Planning Goals)(3) in situations when the Commission is unable to assure goal compliance by acting compatibly with one or more of the affected comprehensive plans.(4)
If a proposed transmission line is subject to the jurisdiction of the Energy Facility Siting Council (EFSC), the Commission shall adopt findings which assure the project and route have been certified by EFSC, and the requirements of OAR 860-025-0030 (Petitions for Certificate of Public Convenience and Necessity for Construction of Overhead Transmission Lines)(2) and (3) shall not apply.
Source:
Rule 860-025-0030 — Petitions for Certificate of Public Convenience and Necessity for Construction of Overhead Transmission Lines, https://secure.sos.state.or.us/oard/view.action?ruleNumber=860-025-0030.