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Developers must obtain a special use permit prior to initiating the construction of a transmission line located outside an above ground utility corridor. The process for obtaining special use permits for the construction of transmission lines in Nevada is delegated to counties and municipalities (local governments) but the general procedures for special use permitting are outlined in the state statutes. [[NRS 278 - Planning and Zoning | NRS 278.26503]]. The developer should consult local government permitting regulations to determine specific application requirements for each affected jurisdiction. Review of local government decisions regarding the approval or denial of special use permits is handled by the [[Public Utilities Commission of Nevada]] (PUC). [[NRS 238 - Legal Notices and Advertisements | NRS 238.26506(1)]].
Overview of the permit or section being discussed.
==8-NV-d.1 to 8-NV-d.2 – Will the Project Involve a Transmission Line of 200 KV or More?==
The developer must obtain a special use permit for projects over 200 KV. Projects under 200 KV are excluded from the definition of a "utility project," and thus do not require a permit. [[NRS 278 - Planning and Zoning | NRS 278.0195]].
==8-NV-d.3 to 8-NV-d.5 - Is the Project Located in an Above Ground Utility Corridor?==
The developer must obtain a construction permit for a transmission project that is located in an above ground utility corridor. The developer should consult local construction permitting regulations for these projects. For projects that are not located in an above ground utility corridor, the developer must obtain a special use permit. [[NRS 278 - Planning and Zoning | NRS 278-26503]].
==8-NV-d.4 to 8-NV-d.9 – Review Application Materials for Completeness==
The developer must submit a completed application for a special use permit to the affected local governments. The application will be reviewed by the local government at a public hearing. [[NRS 278 - Planning and Zoning | NRS 278.26503(2)(a)]]. The local government must publish notice of the public hearing pursuant to the publication requirements enumerated in [[Nevada Revised Statutes | NRS 238.030]] and cause notice in the manner outlined in [[NRS 278 - Planning and Zoning | NRS 278.260(2)]]. If the local government approves the application, it will grant the permit to the developer.
==8-NV-d.10 to 8-NV-d.14 – Does the Developer Seek Agency Review==
If the local government denies the developer’s permit application, the developer may petition for review of the local government decision from the PUC. [[NRS 278 - Planning and Zoning | NRS 278.26505(2)]]. The petition must be submitted to the PUC and include:
*The name, mailing address and telephone number of the petitioner;
*The name of the planning commission or governing body, within the local government, to whom the developer applied;
*A statement of the decision of the local government;
*A statement of the resolution sought by the developer;
*A statement of the legal basis for the resolution sought by the developer;
*A copy of the application and supporting documents submitted by the developer;
*A copy of all documents issued by the local government relating to the application; and
*Any other information required by the PUC.
[[NRS 238 - Legal Notices and Advertisements | NRS 238.26506(2)]].
The PUC will review the local government decision and issue an order approving the local government decision or ordering the local government to issue the permit. [[NRS 278 - Planning and Zoning | NRS 278.26506(4)]]. The order issued by the PUC is final for the purposes of judicial review. [[NRS 278 - Planning and Zoning | NRS 278.26506(5)]].
==8-NV-d.15 to 8-NV-d.20 – Does the Developer Seek Judicial Review?==
If the PUC issues an order approving a local government decision to deny the developers permit application, the developer may seek judicial review of the matter from the District Court. Review may be sought by filing a petition in the District Court in Carson City, in the county which the developer resides, or in the county where the permit application was submitted. The developer must serve a copy of the petition to the PUC and all other parties to the proceeding. Within 30 days of the developer serving the petition, the PUC must file a record of the agency proceeding under review with the District Court. The developer must then file a Memorandum of Points and Authorities with the District Court within 30 days after the PUC provides notice of its filing of the agency record. Finally, the PUC will file a Reply Memorandum of Points and Authorities with the District Court within 30 days after the filing of the developers filing of its Memorandum of Points and Authorities. The action is then deemed to be “at issue” and the parties must be ready for the hearing upon 20 days notice from the District Court. [[NRS 703 - Public Utilities Commission of Nevada | NRS 703.373 (1)-(7)]].
==8-NV-d.21 to 8-NV-d.23 – Conduct Hearing==
The District Court hearing will be conducted without a jury and the Court’s review will be confined to the record of the agency proceeding. [[NRS 703 - Public Utilities Commission of Nevada | NRS 703.373(8)]]. If the District Court rules in favor of the developer, the permit must be granted by the local government.
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[[Transmission Siting in the Western United States | Transmission Siting in the Western United States]]
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[[NRS 238 - Legal Notices and Advertisements | NRS 238 - Legal Notices and Advertisements]];
[[NRS 278 - Planning and Zoning | NRS 278 - Planning and Zoning]];
[[NRS 703 - Public Utilities Commission of Nevada | NRS 703 - Public Utilities Commission of Nevada]]
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Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
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