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Oregon Certificate of Public Convenience and Necessity (8-OR-c)

This flowchart illustrates the procedure for obtaining a Certificate of Public Convenience and Necessity (“Certificate”) in the state of Oregon. When a developer proposes to construct an overhead transmission line which will require the condemnation of land or an interest in the condemnation of land, they must petition the Oregon Public Utility Commission (PUC) for a Certificate. ORS 758.015.

Certificate of Public Convenience and Necessity Process

8-OR-c.1 to 8-OR-c.2 – Does the Project Require Construction of Overhead Transmission Lines?

If the developer is proposing to construct an overhead transmission line, then they may need to obtain a Certificate. ORS 758.015(1)

8-OR-c.3 – Does the Project Require the Condemnation of Land?

If the developer’s project requires the condemnation of land, then the developer must obtain a Certificate. ORS 758.015(1)

8-OR-c.4 – Petition for Certificate of Public Convenience and Necessity and Associated Documents

The developer must submit a petition to the PUC for a Certificate. Petitions for a Certificate must contain the following:

  • A detailed description and the purpose of the proposed transmission line which must include a general description of the proposed route, voltage and capacity of the line;
  • A map or maps drawn to appropriate scale, showing the general location and boundaries of the developer’s service area to be connected or served by the proposed transmission line and showing by appropriate distinguishing colors and symbols, the following information:
  1. Proposed route, voltage and capacity of the proposed transmission line;
  2. Available alternative routes;
  3. Other transmission lines and substations, owned or operated by the developer, connecting or serving or capable of being adopted to connect or serve the areas covered by the proposed transmission line;
  4. The terminals, substations, sources of energy, and load centers related to the proposed project; and
  5. Land to be condemned.
  • An estimate of the cost of developing the project including:
  1. Land and land rights to be condemned;
  2. Other land and land rights acquired or to be acquired;
  3. Transmission facilities;
  4. Substation, accessory and miscellaneous labor, plant and equipment;
  5. Indirect and overhead costs including engineering, legal expense, taxes, interest during construction, and itemized administrative and general expenses;
  6. Any other costs, direct or indirect, relating to the project; and
  7. Such explanation of the various cost estimates as needed to enable a full understanding of their basis and derivation.
  • An explanation of the financial feasibility of the proposed project, including the kind, nature, extent and estimated growth of the energy requirements or reasonably anticipated need, load or demand, for the proposed transmission line;
  • A description of the property and interest to be condemned, a full explanation of the intended use, and the specific necessity and convenience for the taking of the property;
  • A statement and explanation with supporting data outlining possible alternative routes;
  • Additional information as may be needed for a full understanding of the situation; and
  • Information and supporting data needed for the PUC to satisfy the land use findings requirement. OAR 860-025-0030(1).

8-OR-c.5 to 8-OR-c.6 – Review Petition Materials for Completeness

The PUC will review the petition materials to ensure that it is complete before review commences. The PUC may request additional information to assist in review of the petition. ORS 758.015(1).

8-OR-c.7 – Provide Notice of the Petition

The PUC must give notice to the public of the petition. ORS 758.015(2).

8-OR-c.8 – Hold Public Hearing on Petition

The PUC must hold a public hearing on the petition following public notice. ORS 758.015(2).

8-OR-c.9 – Conduct Investigation on Need for the Transmission Line

The PUC must conduct their own investigation to determine the necessity, safety, practicability and justification in the public interest for the proposed transmission line. ORS 758.015(2).

8-OR-c.10 to 8-OR-c.11– Does the PUC Approve the CPCN?

The PUC may approve or deny issuance of a Certificate following the public hearing and investigation. ORS 758.015(2). The PUC will adopt findings with Certificate approval to ensure that the proposed transmission line complies with Statewide Planning Goals and is in compliance with the acknowledged comprehensive plan and land use regulations of each local government where the project will be located. OAR 860-025-0030(2).

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