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

Information current as of 2020
In Oregon, a person (developer) may need a Certificate of Public Convenience and Necessity (Certificate) from the Oregon Public Utility Commission (PUC) to construct an overhead transmission line which will require the condemnation of land or an interest in the condemnation of land. Or. Rev. Stat. § 758.015. A person includes "individuals, firms, partnerships, corporations, associations, cooperatives and municipalities, or their agent, lessee, trustee or referee." Or. Rev. Stat. § 758.400(2).

The PUC regulates Certificates pursuant to Or. Rev. Stat. §§ 758.010-758.555 and Or. Admin. R. 860-025-000–860-025-0065.

Certificate of Public Convenience and Necessity Process

8-OR-c.1 – Petition for Certificate of Public Convenience and Necessity

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. Or. Admin. R. 860-025-0030(1).

8-OR-c.2 to 8-OR-c.3 – Review Petition Materials for Completeness

The PUC reviews 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. Or. Rev. Stat. § 758.015(1).

8-OR-c.4 – Provide Notice of the Petition

The PUC must give notice to the public of the Petition. Or. Rev. Stat. § 758.015(2).

8-OR-c.5 – Hold Public Hearing on Petition

The PUC must hold a public hearing on the Petition following public notice. Or. Rev. Stat. § 758.015(2).

8-OR-c.6 – 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. Or. Rev. Stat. § 758.015(2).

8-OR-c.7 to 8-OR-c.8 – Does the PUC Approve the CPCN?

The PUC may approve or deny the Petition following the public hearing and investigation. Or. Rev. Stat. § 758.015(2). The PUC adopts findings with Petition 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. Or. Admin. R. 860-025-0030(2).

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