§ 62-101. Certificate to construct transmission line. - North Carolina Statutes

§ 62‑101. Certificate to construct transmission line.

(a)        No public utility or any other person may begin to constructa new transmission line without first obtaining from the Commission acertificate of environmental compatibility and public convenience andnecessity.

(b)        A transmission line for which a certificate is requiredshall be constructed, operated, and maintained in conformity with thecertificate.  A certificate may be amended or transferred with the approval ofthe Commission.

(c)        A certificate is not required for construction of thefollowing lines:

(1)        A line designed to carry less than 161 kilovolts;

(2)        The replacement or expansion of an existing line with asimilar line in substantially the same location, or the rebuilding, upgrading,modifying, modernizing, or reconstructing of an existing line for the purposeof increasing capacity or widening an existing right‑of‑way;

(3)        A transmission line over which the Federal Energy RegulatoryCommission has licensing jurisdiction, if the Commission determines that agencyhas conducted a proceeding substantially equivalent to the proceeding requiredby this Article;

(4)        Any transmission line for which, before March 6, 1989, apublic utility or other person has surveyed a proposed route and, based on thatroute, has acquired rights‑of‑way for it by voluntary conveyancesor has filed condemnation proceedings for acquiring those rights‑of‑waywhich, together, involve twenty‑five percent (25%) or more of the totallength of the proposed route;

(5)        An electric membership corporation owned transmission linefor which the construction or upgrading has had a proceeding conducted whichthe Commission determines is substantially equivalent to the proceedingrequired by this Article;

(6)        Any line owned by a municipality to be constructed whollywithin the corporate limits of that municipality.

(d)        The Commission may waive the notice and hearing requirementsof this Article and issue a certificate or amend an existing certificate undereither of the following circumstances:

(1)        When the Commission finds that the owners of land to becrossed by the proposed transmission line segment do not object to such awaiver and either:

a.         The transmission line will be less than one mile long; or

b.         The transmission line is for the purpose of relocating anexisting transmission line segment to resolve a highway or other public projectconflict; to accommodate a commercial, industrial, or other private developmentconflict; or to connect an existing transmission line to a substation, toanother public utility, or to a public utility customer when any of these is inproximity to the existing transmission line.

(2)        If the urgency of providing electric service requires theimmediate construction of the transmission line, provided that the Commissionshall give notice to those parties listed in G.S. 62‑102(b) beforeissuing a certificate or approving an amendment.

(e)        When justified by the public convenience and necessity and ashowing that circumstances require immediate action, the Commission may permitan applicant for a certificate to proceed with initial clearing, excavation,and construction before receiving the certificate required by this section.  Inso proceeding, however, the applicant acts at its own risk, and by granting suchpermission, the Commission does not commit to ultimately grant a certificatefor the transmission line.

(f)         Nothing in this section restricts or impairs theCommission's jurisdiction pursuant to G.S. 62‑73 to hear or makecomplaints. (1991, c. 189, s.1.)