§ 62-105. Burden of proof; decision. - North Carolina Statutes

§ 62‑105.  Burdenof proof; decision.

(a)        The burden of proof is on the applicant in all cases underthis Article, except that any party proposing an alternative location for theproposed transmission line shall have the burden of proof in sustaining its position. The Commission may consider any factors that it finds are relevant and materialto its decision.  The Commission shall grant a certificate for theconstruction, operation, and maintenance of the proposed transmission line ifit finds:

(1)        That the proposed transmission line is necessary to satisfythe reasonable needs of the public for an adequate and reliable supply ofelectric energy;

(2)        That, when compared with reasonable alternative courses ofaction, construction of the transmission line in the proposed location isreasonable, preferred, and in the public interest;

(3)        That the costs associated with the proposed transmissionline are reasonable;

(4)        That the impact the proposed transmission line will have onthe environment is justified considering the state of available technology, thenature and economics of the various alternatives, and other materialconsiderations; and

(5)        That the environmental compatibility, public convenience,and necessity require the transmission line.

(b)        If the Commission determines that the location of theproposed transmission line should be modified, it may condition its certificateupon modifications it finds necessary to make the findings and determinationsset forth in subsection (a) of this section. (1991, c. 189, s. 1.)