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Kansas Transmission Siting Permit (8-KS-a)

Information current as of 2020
In Kansas, a developer may need a Transmission Siting Permit from the Kansas Corporation Commission (KCC) to prepare a site for the construction of an electric transmission line. K.S.A. §§ 66-1177, 1182. KCC has the authority to regulate transmission facilities pursuant to K.S.A. §§ 66-1177.

Transmission Siting Permit Process

8-KS-a.1 to 8-KS-a.2 – Is the Project 230 kV or Greater and at Least 5 Miles in Length?

A electric utility must obtain a Transmission Siting Permit from the Kansas Corporation Commission (KCC) before beginning site “…preparation, construction of an electric transmission line, or exercise of the right of eminent domain…” for electric transmission line projects that are 230 kV or greater and at least 5 miles in length. K.S.A. §§ 66-1178.

A electric utility means every public utility which owns, controls, operates or manages any equipment, plant or generating machinery for the production, transmission delivery or furnishing of electricity or electric power. K.S.A. §§ 66-1177(a). A public utility includes "...all companies for the production, transmission, delivery or furnishing of heat, light, water or power." K.S.A. §§ 66-104(a).

8-KS-a.3 to 8-KS-a.4 – Does an Exception Apply?

A developer may not need a siting permitting from KCC if:

  • The transmission lines are constructed on an existing easement with one or more transmission lines that is not within the corporate limits of a city or adjacent to the right-of-way of a four lane controlled access highway; or
  • The electric utility complies with the National Environmental Policy Act (NEPA) of 1969 for the siting of electric transmission lines.

K.S.A. §§ 66-1177,1182.

8-KS-a.5 – Transmission Siting Application

To obtain a siting permit for a transmission line, the developer must file a Transmission Siting Application (Application) with KCC declaring the developer’s intent to construct the transmission lines. The Application must specify the following:

  • The location of the proposed construction;
  • The names and addresses of landowners of record whose land or interest may be acquired in the construction of the transmission line or whose property is within 660 feet of the center line of the easement where the line will be located; and
  • Any additional information required by KCC.

K.S.A. §§ 66-1178.

8-KS-a.6 to 8-KS-a.7 – Review Application Materials for Completeness

KCC reviews the Application materials for technical and administrative completeness. KCC may request additional information, at any time.

8-KS-a.8 to 8-KS-a.9 – Publish Notice of Public Hearing and Public Comment Period

Within 90 days after the developer files a complete Application for a siting permit, KCC holds a public hearing on the Application. The KCC must publish notice of the time, place and subject matter of the public hearing in a newspaper of general circulation in every county through which the transmission line is proposed to traverse. K.S.A. §§ 66-1179. The notice must also contain the details regarding the public comment period set by the procedural schedule. Order In the Matter of the Application of ITC Great Plans, LLC for a Siting Permit, Docket No. 11-ITCE-644-MIS, July 12, 2011. The KCC will hold the public hearing in one of the counties where the transmission line is proposed to traverse. The purpose of the hearing is to determine the necessity and reasonableness of the location of the transmission line. K.S.A. §§ 66-1178.

8-KS-a.10 to 8-KS.11 – Does KCC Decide to Hold a Evidentiary Hearing?

If KCC decides to hold an evidentiary hearing, the KCC will publish the time, place, and subject matter of the evidentiary hearing in a newspaper of general circulation within every county through which the electric transmission line is proposed to be located. K.S.A. §§ 66-1178.

8-KS-a.12 – Hold Evidentiary Hearing (If Applicable)

KCC must hold an evidentiary hearings in accordance with the Kansas - K.S.A. §§ 77-501 et seq., Kansas Administrative Procedures Act. The KCC must complete the evidentiary hearing within thirty (30) days of commencement. The developer is responsible for all hearing costs. K.S.A. §§ 66-1180.

8-KS-a.13 to 8-KS-a.15 – Review Application Materials for Approval Determination

Once the public hearing (and the evidentiary hearing-if applicable) is complete, the KCC reviews the developer’s Application and any public comments received. KCC then makes a determination on whether or not to issue the Transmission Siting Permit. The KCC will issue a final order within 120 days of the Application filing date. K.S.A. §§ 66-1180.

8-KS-a.16 to 8-KS-a.18 – Request Review (If Applicable)

If a party disagrees with the KCC’s decision to approve or deny the developer’s application, the party may file a petition for reconsideration with the head of the KCC within 15 days after the KCC issues the final order. The head of the KCC must issue a decision within 20 days of the date the petition is filed. K.S.A. § 77-529.

Once the head of the KCC issues a decision, a party may appeal the KCC’s decision to the district court pursuant to K.S.A. 66-118a to 66-118h.K.S.A. §§ 66-1181.

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