From Open Energy Information

< RAPID‎ | Roadmap

Revision as of 12:41, 11 July 2014 by Alevine (talk | contribs)

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

California Permit to Construct Transmission Lines (8-CA-d)

Public utilities must receive a Permit to Construct from the California Public Utilities Commission under Insert General Order 131 for any new or upgraded bulk transmission line facilities between 50 kV and 200 kV.

Permit to Construct Transmission Lines Process

8-CA-d.1 - Application for Permit to Construct and Proponent's Environmental Assessment (PEA)

Contact CPUC for Application for Permit to Construct. The utility must submit an Application for Permit to Construct and the Proponent's Environmental Assessment or equivalent information on the environmental impact of the project in accordance with the provisions of the CEQA and CPUC's Rules of Practice and Procedure 17.1 and 17.3. If the utility submits a PEA, the PEA may include the data required for a complete application described below. The Application for Permit to Construct must include:

  • A description of the proposed transmission line or substation facilities, including the proposed transmission line equipment, and a schedule of authorization, construction, and commencement of operation of the facilities;
  • A map of the proposed power line routing or substation location showing populated areas, parks, recreational areas, scenic areas, and existing electrical transmission or power lines within 300 feet of the proposed route or substation;
  • Reasons for adoption of the selected power line route or substation location, including a comparison with alternative routes or locations and the advantages and disadvantages of each;
  • A listing of government agencies that have reviewed the proposed transmission line route or substation location, including a written agency response to applicant's written request for a brief position statement by that agency;

Example of Notice of Application to Construct

8-CA-c.2 – Publish Notice and Notify Interested Parties

The public utility must provide notice of the proposed construction of any transmission line facilities or substations subject to the Permit to Construct at least 30 days prior to the date in which the utility proposes to begin construction. The notice must include:

  • The application number assigned by the CPUC or the advice letter number assigned to the utility;
  • A description of the proposed construction and the facilities, the facilities purpose, and the facilities location;
  • A summary of the measures taken or proposed by the facility to reduce potential exposure to electric and magnetic fields generated by the proposed facilities;
  • Instructions on obtaining or reviewing a copy of the application, including the Proponent’s Environmental Assessment or available equivalent; and
  • The applicable procedure for protesting the application or advice letter, including the grounds for protest, when the protest period expires, delivery address for the CPUC Docket Office, CPUC Commission Advisory and Compliance Division (CACD), and the applicant as well as how to contact the CPUC Public Advisor for assistance in filing a protest.

Finally, the public utility must:

  • Send the notice to the planning director for each county or city where the utility proposed to construct the facility and the Executive Director of the California Energy Commission;
  • Provide notice by advertisement in a newspaper of general circulation in the county(ies) where the utility proposes to construct the facility at least one forty-five days before the utility proposed to begin construction. The advertisement must appear at least once a week for two consecutive weeks;
  • Post a notice on-site and off-site where the utility intends to locate the facility;
  • File an informal advice letter with the CPUC CACD in accordance with General Order 96-A and with the CPUC Public Advisor, which includes a copy and distribution list of the notices required above.

8-CA-d.3 to 8-CA-d.4 – Review Application materials for Completeness

Within 30 days after the filing of an Application for a Permit to Construct, the CPUC CACD must review the application and notify the utility if the application has any deficiencies in information or data. Thereafter, the utility has 30 days to correct the deficiencies or explain why it cannot correct the deficiencies and when it will be able to correct the deficiencies.

8-CA-d.5 – Conduct Initial Environmental Study

The CPUC CACD conducts an initial environmental study to determine whether the facility will have environmental impacts that require the CACD to prepare an Environmental Impacts Report (EIR) or whether the CACD should file a Negative Declaration.

8-CA-d.6 to 8-CA-d.10 – Does the CPUC Determine the Project Will Have A Significant Effect on the Environment

The CPUC CACD determines whether the project will have a significant effect on the environment. If the project does not have a significant effect on the environment the CACD prepares a Negative Declaration and approves the utility’s application for a Permit to Construct. If the CACD determines the project will have a significant impact on the environment, the CACD prepares an Environmental Impact Report and initiates the CEQA process.

Green arrow.PNG 9-CA-a: State Environmental Process

8-CA-d.11 – Did the CPUC Receive a Protest or Request for Public Hearing Within 30 Days of the Published Notice of Application

If the CPUC CACD does not receive any protests or requests for a hearing within 30 days after the notice of application was mailed or published and the CACD determines whether to issue the Permit to Construct and issues an ex parte decision on the application.

8-CA-d.12 – Does the CPUC Determine a Public Hearing Should be Held on the Application

If the CPUC CACD receives a protest or request for hearing within 30 days after the notice of application was mailed or published, the CACD initiates a preliminary investigation and determines whether the CACD should hold a public hearing on the Application for a Permit to Construct.

8-CA-d.13 – Send Notice to Interested Parties

If the CPUC CACD determines that a public hearing should be held on the Application for a Permit to Construct, the CACD sends notice to each person who is entitled to notice or who has requested a hearing.

8-CA-d.14 – Hold Public Hearing

The CPUC holds a hearing on the Application for a Permit to Construct with an Administrative Law Judge to determine whether the public utility may build the transmission line facility.

8-CA-d.15 to 8-CA-d.16 – Does the CPUC Approve the Application for a Permit to Construct

The CPUC CACD determines whether to approve the Application for a Permit to Construct. In determining whether to approve the application the CACD considers:

  • The severity and nature of the environmental effects;
  • The feasibility of mitigation;
  • The existence and feasibility of alternatives to the project; and
  • The benefits of the project.

If the CPUC approves the transmission line facility, the CPUC issues the public utility a Permit to Construct and the utility may begin building the transmission line.

Add to Project

Contact Information