807 KAR 5:120. Applications for certificate of public convenience and necessity for certain electric transmission lines.
RELATES TO: KRS 278.020(2), (8)
STATUTORY AUTHORITY: KRS 278.040(3)
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) provides that a certificate of public convenience and necessity must be obtained prior to construction of an electric transmission line of 138 kilovolts or more and of more than 5,280 feet in length. KRS 278.020(8) includes "a person over whose property the proposed transmission line will cross" among those persons who are an "interested party" who may move to intervene in the proceeding. 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 kilovolts 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 such a 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 and telephone number 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 the following:
(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 (g);
(2) Three (3) maps of suitable scale, but no less than one (1) inch equals 1,000 feet for the project proposed. 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. Sketches of proposed typical transmission line support structures shall also be provided. 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, pursuant to the preceding paragraph, 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) A statement of the right to request a local public hearing; and
(c) A 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 whether 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 21 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. (31 Ky.R. 515; Am. 1256; eff. 1-14-2005; TAm 1-30-2013.)