North Carolina Certificate of Public Convenience and Necessity (8-NC-c)
Certificate of Public Convenience and Necessity Process
8-NC-c.1 to 8-NC-c.2 — Is a Certificate of Public Convenience and Necessity Required?
A developer must obtain a Certificate from the NCUC before operating as a public utility or constructing a transmission line over 161 kilovolts. N.C. Gen. Stat. Ann. §62-101(a) (1991). Additionally, a Certificate is not required for the replacement or expansion of an existing transmission line. N.C. Gen. Stat. Ann. §62-101(c) (1991).
8-NC-c.3 — Certificate of Public Convenience and Necessity Application
A developer must submit an Application for a Certificate of Public Convenience and Necessity (Application) to the NCUC. The Application must, at minimum, include:
- A description of why the transmission line or facility is needed;
- A description of the proposed location of the transmission line or facility; and
- An environmental report describing the environmental impact of the project, any proposed mitigating measures and any alternative to the proposed project.
8-NC-c.4 — Publish Public Notice
The developer must publish notice of the Application in the local newspaper within 10 days of filing the Application. The notice must include:
- A summary of the proposed project;
- A description of the location of the project;
- The date the Application was filed; and
- The date by which an interested party must intervene.
8-NC-c.5 — Hold Public Hearing (If Applicable)
Any interested party may petition to intervene in the proceeding within 100 days of the Application filing date. N.C. Gen. Stat. Ann. §62-103(b) (1991). The Commission must schedule a hearing within 120 days after the Application filing date. N.C. Gen. Stat. Ann. §62-104(a) (1991). The NCUC may waive a hearing if there are no objections to the Application. N.C. Gen. Stat. Ann. §62-101(d) (1991) and N.C. Gen. Stat. Ann. §62-104(b) (1991)..
8-NC-c.6 to 8-NC-c.7 — Review Application Materials for Completeness
The NCUC must review the Application for technical and administrative completeness.
8-NC-c.8 to 8-NC-c.9 — Review Application Materials for Approval
The NCUC must review the Application for approval. The NCUC must make a decision within 60 days of the conclusion of the hearing. N.C. Gen. Stat. Ann. §62-104(c) (1991). The NCUC will grant the Certificate if it finds:
- The proposed project is necessary to satisfy the needs of the public;
- The project location is reasonable and in the public interest;
- The cost of the project is reasonable;
- The environmental impacts of the project are justified; and
- The environmental compatibility, public convenience, and necessity require the transmission line.
8-NC-c.10 — Certificate of Public Convenience and Necessity
The developer must comply with any restrictions on or conditions of the Certificate. N.C. Gen. Stat. Ann. §62-101(b) (1991).
8-NC-c.11 — Appeal Decision (Optional)
Any aggrieved party may appeal a final agency decision to the judicial court with jurisdiction. N.C. Gen. Stat. Ann. §150B-43 (1973).
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