KRS § 278.714 — KY Code / Title XXIV / Chapter 278 / Section 278.714
278.714 Application for certificate to construct nonregulated electric transmission line or carbon dioxide transmission pipeline -- Granting or denial -- Public hearing -- Local public information meeting -- Fee
Status: in_force

278.714 Application for certificate to construct nonregulated electric transmission

line or carbon dioxide transmission pipeline -- Granting or denial -- Public

hearing -- Local public information meeting -- Fee.

(1) No person shall commence to construct a nonregulated electric transmission line or

a carbon dioxide transmission pipeline without a construction certificate issued by

the board. An application for a construction certificate shall be filed at the offices of

the Public Service Commission along with an application fee as set forth in

subsection (6) of this section. The board may hire a consultant to review the

transmission line or carbon dioxide pipeline and provide recommendations

concerning the adequacy of the application and proposed mitigation measures. The

board may direct the consultant to prepare a report recommending changes in the

route of the carbon dioxide pipeline or the route of the electric transmission line.

Any consultant expenses or fees shall be borne by the applicant.

(2) A completed application shall include the following:

(a) The name, address, and telephone number of the person proposing

construction of the nonregulated electric transmission line or the carbon

dioxide transmission pipeline;

(b) A full description of the proposed route of the electric transmission line or the

carbon dioxide transmission pipeline and its appurtenances. The description

shall include a map or maps showing:

1. The location of the proposed line or pipeline and all proposed structures

that will support it;

2. The proposed right-of-way limits;

3. Existing property lines and the names of persons who own the property

over which the line or pipeline will cross; and

4. a. The distance of the proposed electric transmission line from

residential neighborhoods, schools, and public and private parks

within one (1) mile of the proposed facilities; or

b. The distance of the proposed carbon dioxide transmission pipeline

from residential neighborhoods, schools, and parks, either private

or public, within one thousand (1,000) feet of the proposed

facilities;

(c) With respect to electric transmission lines, a full description of the proposed

line and appurtenances, including the following:

1. Initial and design voltages and capacities;

2. Length of line;

3. Terminal points; and

4. Substation connections;

(d) A statement that the proposed electric transmission line and appurtenances

will be constructed and maintained in accordance with accepted engineering

practices and the National Electric Safety Code;

(e) With respect to both electric transmission lines and carbon dioxide

transmission pipelines, evidence that public notice has been given by

publication in a newspaper of general circulation in the general area

concerned. Public notice shall include the location of the proposed electric

transmission line or carbon dioxide pipeline, shall state that the proposed line

or pipeline is subject to approval by the board, and shall provide the telephone

number and address of the Public Service Commission; and

(f) Proof of service of a copy of the application upon the chief executive officer

of each county and municipal corporation in which the proposed electric

transmission line or carbon dioxide transmission pipeline is to be located, and

upon the chief officer of each public agency charged with the duty of planning

land use in the general area in which the line or pipeline is proposed to be

located.

(3) With respect to electric transmission lines, within one hundred twenty (120) days of

receipt of the application, or one hundred eighty (180) days if a local public hearing

is held, the board shall, by majority vote, grant or deny the construction certificate

either in whole or in part. Action to grant the certificate shall be based on the

board's determination that the proposed route of the line will minimize significant

adverse impact on the scenic assets of Kentucky and that the applicant will

construct and maintain the line according to all applicable legal requirements. In

addition, the board may consider the interstate benefits expected to be achieved by

the proposed construction or modification of electric transmission facilities in the

Commonwealth. If the board determines that locating the transmission line will

result in significant degradation of scenic factors or if the board determines that the

construction and maintenance of the line will be in violation of applicable legal

requirements, the board may deny the application or condition the application's

approval upon relocation of the route of the line, or changes in design or

configuration of the line.

(4) A public hearing on an application to construct a nonregulated electric transmission

line may be held in accordance with the provisions of KRS 278.712.

(5) The board shall convene a local public information meeting upon receipt of a

request by not less than three (3) interested persons that reside in the county or

counties in which the carbon dioxide pipeline is proposed to be constructed. If the

board convenes the local public information meeting, the meeting will be in the

county seat of one (1) of the counties, as determined by the board, in which the

proposed carbon dioxide pipeline will be located. The meeting shall provide an

opportunity for members of the public to be briefed and ask the party proposing the

carbon dioxide pipeline questions about the pipeline.

(6) Pursuant to KRS 278.706(3) and (5), the board shall promulgate administrative

regulations to establish an application fee for a construction certificate for:

(a) A nonregulated transmission line; and

(b) A carbon dioxide transmission pipeline.

(7) With respect to carbon dioxide transmission lines, within one hundred twenty (120)

days of receipt of the application or one hundred eighty (180) days if a local public

information meeting is held, the board shall, by majority vote, grant or deny the

construction certificate either in whole or in part. Action to grant the certificate shall

be based on the board's determination that the proposed route of the pipeline will

minimize significant adverse impact on the scenic assets of Kentucky and that the

applicant will construct and maintain the line according to all applicable legal

requirements. In addition, the board may consider the interstate benefits expected to

be achieved by the proposed carbon dioxide transmission pipeline in the

Commonwealth. If the board determines that locating the transmission line will

result in significant degradation of scenic factors or if the board determines that

locating the carbon dioxide transmission line will be in violation of applicable legal

requirements, the board may deny the application or condition the application's

approval upon relocation of the route of the pipeline.