65- 407 C.M.R. ch. 330, § 3

Current through 2024-51, December 18, 2024

Section 407-330-3 - CERTIFICATE REQUIREMENTS AND DEADLINES

A. Certificate required

1.Construction. A person must petition for, and receive, a certificate of public convenience and necessity from the Commission before erecting a transmission line capable of operating at 69 kilovolts or more. Any petition to erect a transmission line capable of operating at 69 kilovolts or more shall provide the information required by sections 6 and 7 of this Chapter.

2.Construction of a minor transmission project. Notwithstanding subsection 1, if a person is constructing a transmission line that qualifies as a minor transmission project, the person must first notify the Commission of such plans, in accordance with section 8 of this Chapter. The Commission may then require the person to submit a petition for public convenience and necessity, as specified in section 8. If required to submit a petition for a certificate of public convenience and necessity, the petition shall provide the information required by sections 6 and 7 of this Chapter.

3.Rebuilding or Relocating. A person rebuilding or relocating a transmission line that will become, or will remain at, voltages of 69 kilovolts or more must first notify the Commission of such plans, in accordance with section 8 of this Chapter. The Commission may then require the person to submit a petition for public convenience and necessity, as specified in section 8 of this Chapter. If required to submit a petition for a certificate of public convenience and necessity, the petition shall provide the information required by sections 6 and 7 of this Chapter.

4.Amendments, Extensions or Renewals of Contracts. This Chapter applies to any amendment, extension or renewal of any contract between the utility and other parties with an ownership interest, governing the terms of their participation in the construction of a transmission facility subject to this Rule, for which the original contract was subject to the approval of the Commission.

B. Certificate not required

1. The construction of a generator interconnection transmission facility does not require a certificate of public convenience and necessity and is exempt from the requirements of this Chapter.

C. Deadlines and extensions

1. The Commission shall issue its order within 6 months after a petition for approval of a transmission line is filed.

2. The period may be extended either by agreement of all the parties or by the Commission upon its determination that the party seeking the extension had to that time prosecuted its case in good faith and with due diligence, was seeking the extension because of circumstances beyond that party's control for which it had no reasonable substitute, and would be unreasonably disadvantaged unless the extension were granted.

65- 407 C.M.R. ch. 330, § 3