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Bulk Transmission Siting and Regulation Overview (8)

Information current as of 2018
A transmission developer must consider issues related to transmission siting and regulation. Transmission is rarely limited to the jurisdiction of one federal, state, or local government. Many different laws and regulations govern how governments and government agencies interact with one another when approving large-scale transmission projects.


Siting and Regulation Overview Process

8.1 to 8.2 - Does the Project Require Federal Authorizations?

Section 216(h) of the Federal Power Act (16 USC § 824p (h)) authorizes the United States Department of Energy (DOE) to act as the lead agency for coordinating all applicable federal authorizations and related environmental reviews for siting a transmission facility on federal land. In addition, to the maximum extent practicable the Secretary of Energy must also coordinate the federal authorization and review process with any tribe, multistate entity, or state agency that is responsible for conducting permitting and environmental reviews associated with the facility. The DOE has entered into a Memorandum of Understanding with other federal agencies to delegate its authority as lead agency. For more information on the federal authorization coordination process see:

Federal Authorization Coordination:
8-FD-c
.

8.3 to 8.7 - Is the Transmission Facility In a National Interest Electric Transmission Corridor?

Under Section 216(a) of the Federal Power Act (16 USC § 824p (a)) the Secretary of Energy is required to conduct a study of electric transmission congestion, issue a report, and if necessary designate any geographic area experiencing transmission capacity constraints or congestion that adversely affects consumers as a National Interest Electric Transmission Corridor (NIETC).

Under Section 216(b) of the Federal Power Act (16 USC § 824p (b)) the Federal Energy Regulatory Commission (FERC) has jurisdiction over construction permits for transmission facilities in NIETCs used for the transmission of energy in interstate commerce if:

  • A state in which the transmission facility is to be constructed or modified does not have authority to approve the siting of the facility;
  • A state in which the transmission facility is to be constructed or modified does not have authority to consider the interstate benefits expected to be achieved by the proposed construction or modification of the facility;
  • The applicant for a permit is a transmitting utility under the Federal Power Act but does not qualify to apply for a permit or siting approval for the prosed project in a state because the applicant does not serve end-use customers in the state;
  • A state commission or other entity that has authority to approve the siting of the transmission facility has withheld approval for more than one year after the filing of an application seeking approval pursuant to applicable law or one year after the designation of the relevant NIETC, whichever is later (Note: This does not give FERC permitting authority when a state has affirmatively denied a permit application within the one year deadline, see Pedmont Envtl. Council v. FERC, 558 F.3d 304 (4th Cir. 2009); or
  • A state commission or other entity that has authority to approve the siting of the transmission facility has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission congestion in interstate commerce or is not economically feasible.

For more information, see:

FERC Electric Transmission Construction Permit:
8-FD-d
.

In states in which the DOE has designated an NIETC, the state may have its own NIETC route approval process. This process may be connected or separate from a state coordinated process for siting transmission facilities. The states of Washington and Idaho have processes applicable to NIETCs.

State NIETC Route Approval:
8-ID-e
.

8.8 to 8.9 - Does the State Have a Comprehensive Siting Process for Transmission Facilities?

Some states have a process for siting and/or coordinating various reviews and approvals for constructing a transmission facility. These comprehensive siting processes may consider environmental, ecological, scenic, recreational, and historic values of the state. Typically, the state public utility authority (e.g., public utility commission) or a energy, power, or siting board consisting of members from several interested state agencies is charged with conducting comprehensive siting reviews. Additionally, the developer must comply with any applicable local siting or zoning ordinances.

Alabama

Alabama does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Convenience and Necessity from the Alabama Public Service Commission. See 8.10 to 8.11.

Alaska

Alaska does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Convenience and Necessity from the Regulatory Commission of Alaska. See 8.10 to 8.11.

Arizona

In Arizona, a bulk transmission developer may need a Certificate of Environmental Compatibility from the Arizona Corporation Commission to construct a transmission facility of 115 kV or more. For more information, see:

Transmission Siting:
8-AZ-a

Arkansas

Arkansas does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Convenience and Necessity from the Arkansas Public Service Commission. See 8.10 to 8.11.

California

California does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Convenience and Necessity or a Permit to Construct from the California Public Utilities Commission. See 8.10 to 8.11.

Colorado

Colorado does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission. See 8.10 to 8.11. A developer may also need additional local siting approvals. See 8.14 to 8.16.

Connecticut

In Connecticut, a bulk transmission developer may need a Certificate of Environmental Compatibility and Public Need from the Connecticut Siting Council to construct an electric transmission line with a capacity of 69 kV or more. For more information, see:

Transmission Siting:
8-CT-a

Delaware

In Delaware, a bulk transmission may need siting approval from the applicable local authority with jurisdiction. Transmission siting authority is primarily delegated to local governments. Delaware – Del. Code. Ann. tit. 22 ch.3 et seq., Municipal Zoning Regulations; Delaware – Del. Code. Ann. tit. 9 ch. 25 et seq., Building Code.

For more information, see: Transmission Siting:
8-DE-a

Florida

In Florida, a bulk transmission developer may need a Transmission Siting Certification from the Florida Department of Environmental Protection to construct a transmission line with an operating capacity of 230 kV or more. For more information, see:

Transmission Siting Certification:
8-FL-a

Georgia

In Georgia there is no state specific transmission siting process. Georgia maintains an integrated transmission system owned by Georgia Power Company, Georgia Transmission Corporation, MEAG Power, and Dalton Utilities. For more information, see: Transmission Siting
8-GA-a


Hawaii

Hawaii does not have a comprehensive transmission siting process. A developer may need a Certificate of Public Convenience and Necessity from the Hawaii Public Utilities Commission. See 8.10 to 8.11.

Idaho

Idaho does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Convenience and Necessity from the Idaho Public Utilities Commission. See 8.10 to 8.11. A developer may also need additional local siting approvals. See 8.14 to 8.16.

Illinois

Illinois does not have a comprehensive transmission siting process. A developer may need to obtain a Certificate of Public Convenience and Necessity from the Illinois Commerce Commission. See 8.10 to 8.11.

Indiana

Indiana does not have a comprehensive siting process for transmission facilities. A developer may need authority to operate as a public utility from the Indiana Utility Regulatory Commission. See 8.12 to 8.13.

Iowa

In Iowa, a bulk transmission developer may need an Electric Transmission Line Franchise from the Iowa Utilities Board in order to construct transmission lines capable of carrying a voltage of 69 kV or more across public or private lands in the state. For more information, see:

Electric Transmission Line Franchise:
8-IA-a

Kansas

In Kansas, a bulk transmission developer may need a Transmission Siting Permit from the Kansas Corporation Commission to construct an electric transmission line. K.S.A. §§ 66-1178. For more information, see:

Transmission Siting Permit:
8-KS-a

Kentucky

In Kentucky, a bulk transmission developer may need a Certificate to Construct a Merchant Transmission Line from the Kentucky State Board on Electric Generation and Transmission Siting (Siting Board) to construct a non-regulated electric transmission line also known as a merchant transmission line. KY. Rev. Stat. Ann. §§ 278.714. A non-regulated electric transmission line is an electric transmission line of 69 kV or more and related appurtenances for which no Certificate of Public Convenience and Necessity is required, which is not operated as an activity regulated by the Kentucky Public Service Commission. KY. Rev. Stat. Ann. §§ 278.700, 704. For more information, see: Certificate to Construct a Merchant Transmission Line:
8-KY-a


Louisiana

Louisiana does not have a comprehensive transmission siting process. A developer may need a Certificate of Public Convenience and Necessity from the Louisiana Public Service Commission. See 8.10 to 8.11.

Maine

In Maine, a bulk transmission developer may need a Site Location of Development Permit from the Maine Department of Environmental Protection to construct a transmission line of 100 kV or more. 38 M.R.S. § 488. For more information, see:

Site Location of Development Permit:
8-ME-a

Maryland

Maryland does not have a comprehensive transmission siting process. A developer may need a Certificate of Public Convenience and Necessity from the Maryland Public Service Commission. See 8.10 to 8.11.

Massachusetts

In Massachusetts, a bulk transmission developer may need approval from the Massachusetts Energy Facilities Siting Board to construct a transmission line. For more information, see:

Transmission Siting Approval:
8-MA-a

Michigan

Michigan does not have a comprehensive transmission siting process. A developer may need a Certificate of Public Convenience and Necessity from the Michigan Public Service Commission. See 8.10 to 8.11.

Minnesota

In Minnesota, a bulk transmission developer may need a Route Permit from the Minnesota Public Utility Commission to construct and operate a transmission line of 100 kV or more. Minn. Stat. §216E.03(2). For more information, see:

Transmission Siting Route Permit:
8-MN-a

Mississippi

Mississippi does not have a comprehensive transmission siting process. A developer may need a Certificate of Public Convenience and Necessity from the Mississippi Public Service Commission. See 8.10 to 8.11.

Missouri

Missouri does not have a comprehensive transmission siting process. A developer may need a Certificate of Convenience and Necessity from the Missouri Public Service Commission. See 8.10 to 8.11.

Montana

In Montana, a bulk transmission developer may need a Certificate of Compliance from the Montana Department of Environmental Quality to construct a transmission line of 69 kV or more.

Transmission Siting Certificate of Compliance:
8-MT-a

Nebraska

In Nebraska, a bulk transmission developer may need approval to construct and operate a transmission line that exceeds 700 volts from the Nebraska Power Review Board. 70 N.R.S. § 1012(1). For more information, see:

Power Review Board Transmission Approval:
8-NE-a

Nevada

Nevada does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Convenience and Necessity from the Public Utilities Commission of Nevada. See 8.10 to 8.11. A developer may also need a special use permit for utilities. See 8.12 to 8.13.

New Hampshire

In New Hampshire, a bulk transmission developer may need a Certificate of Site and Facility from the New Hampshire Site Evaluation Committee to construct, operate, and maintain an electric facility. RSA §162-H:5(I). For more information, see:

Certificate of Site and Facility:
8-NH-a

New Jersey

In New Jersey, transmission siting is regulated by local governments with oversight from the New Jersey Board of Public Utilities (BPU). A developer must obtain permission from the New Jersey Board of Public Utilities before constructing a transmission facility, if the project crosses one or more municipalities or if the developer is unable to obtain local approvals. N.J. Stat. Ann. § 48:7-1. For more information, see:

Transmission Siting Approval:
8-NJ-a

New Mexico

In New Mexico, a bulk transmission developer may need a Location Permit from the New Mexico Public Regulation Commission to construct of transmission facility with a capacity of 230kV or more. For more information, see:

Transmission Siting:
8-NM-a

New York

New York does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Environmental Compatibility and Public Need from the New York State Public Service Commission. See 8.10 to 8.11.

North Carolina

North Carolina does not have a comprehensive transmission siting process. A developer may need a Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission. See 8.10 to 8.11.

North Dakota

In North Dakota, a bulk transmission developer may need a Certificate of Site or Corridor Compatibility Approval from the North Dakota Public Service Commission to construct or operate an electric transmission line that carries voltages in excess of 115 kV and extends one (1) or more miles in length. For more information, see:

Transmission Siting Overview:
8-ND-a

Ohio

In Ohio, a bulk transmission developer may need a Certificate of Environmental Compatibility and Public Need from the Ohio Power Siting Board for the construction of a "major utility facility," including electric transmission lines and associated facilities with a design capacity of 125 kV or more. O.R.C. § 4906.01; O.R.C. § 4906.04; O.R.C. § 4906.98(A). For more information, see:

Transmission Siting Overview:
8-OH-a

Oklahoma

Oklahoma does not have a comprehensive siting process for transmission facilities. A developer may need Authority to operate as a Transmission-Only Utility from the Oklahoma Corporation Commission. See 8.10 to 8.11.

Oregon

In Oregon, a bulk transmission developer may need a Site Certificate from the Oregon Department of Energy for energy facilities including transmission line projects more than 10 miles in length with capacity of 230 kV or more. For more information, see:

Transmission Site Certificate:
8-OR-a

Pennsylvania

In Pennsylvania, a bulk transmission developer may need an Authorization to Locate and Construct a transmission line from the Pennsylvania Public Utilities Commission before beginning construction. For more information, see:

Transmission Siting Authorization to Locate and Construct:
8-PA-a

Rhode Island

In Rhode Island, a transmission developer may need a License to Construct and Alter Major Energy Facilities from the Rhode Island Energy Facility Board before siting, constructing, or altering high voltage transmission lines 69 kV or greater. For more information, see:

Transmission Siting License to Construct and Alter Major Energy Facilities:
8-RI-a

South Carolina

South Carolina does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Environmental Compatibility and Public Convenience and Necessity from the South Carolina Public Service Commission. See 8.10 to 8.11.

South Dakota

In South Dakota, a bulk transmission developer may need an Energy Facility Permit from the South Dakota Public Utilities Commission to construct an energy conversion facility or transmission facility. 49-41B S.D. § 4. For more information, see:

Transmission Siting Energy Facility Permit:
8-SD-a

Tennessee

Tennessee does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Convenience and Necessity from the Tennessee Public Utility Commission. See 8.10 to 8.11.

Texas

Texas does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Convenience and Necessity from the Public Utility Commission of Texas. See 8.10 to 8.11.

Utah

In Utah, a bulk transmission developer may need a Land Use Permit from the Utah Public Service Commission to construct any high voltage transmission line with a capacity greater than 230 kV. For more information, see:

Transmission Siting Land Use Permit :
8-UT-a

Vermont

Vermont does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Public Good from the Vermont Public Utility Commission. See 8.10 to 8.11.

Virginia

Virginia does not have a comprehensive siting process for transmission facilities. A developer may need to obtain a Certificate of Public Convenience and Necessity from the Virginia State Corporation Commission. See 8.10 to 8.11.

Washington

In Washington, a bulk transmission developer may need a Site Certificate to construct a transmission facility with a capacity of of 115 kV or more. For more information, see:

Transmission Site Certificate:
8-WA-a

West Virginia

West Virginia does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Convenience and Necessity from the West Virginia Public Service Commission. See 8.10 to 8.11.

Wisconsin

Wisconsin does not have a comprehensive siting process for transmission facilities. A developer may need a Certificate of Authority or a Certificate of Public Convenience and Necessity from the Wisconsin Public Service Commission. See 8.10 to 8.11.

Wyoming

In Wyoming, a bulk transmission developer may need approval from the Wyoming Department of Environmental Quality to construct a transmission project of 160 kilovolts or more. For more information, see:

Transmission Siting:
8-WY-a

8.10 to 8.11 - Does the Facility Require Approval from a State Utility Regulatory Authority?

Depending on the requirements of the particular state, the developer may need to obtain a Certificate of Public Good (CPG), a Certificate of Public Convenience and Necessity (CPCN), or other approval from a state utility regulatory authority such as a public utilities commission. A transmission facility typically needs a CPCN or similar approval if the facility surpasses the specific kilovolt (kV) threshold designated by the state.

Alabama

In Alabama, a bulk transmission developer may need a Certificate of Convenience and Necessity from the Alabama Public Service Commission to construct a "plant…or facility for the production, transmission, delivery, or furnishing of…electricity." Ala. Code. § 37-4-28. For more information, see: Certificate of Convenience and Necessity:
8-AL-c

Alaska

In Alaska, a bulk transmission developer may need a Certificate of Public Convenience and Necessity for the Regulatory Commission of Alaska to operate a transmission facility. For more information, see:

Certificate of Public Convenience and Necessity:
8-AK-c

Arizona

In Arizona, the bulk transmission developer may need a Certificate of Convenience and Necessity from the Arizona Corporation Commission to operate a transmission facility. For more information, see:

Certificate of Convenience and Necessity:
8-AZ-c

Arkansas

In Arkansas, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Arkansas Public Service Commission to construct or operate any new equipment or a facility supplying a public service. Ark. Code Ann. §23-3-201(a) (2017); Arkansas PSC Rules of Practice and Procedure, Rule 6.01. For more information, see:

Certificate of Public Convenience and Necessity:
8-AR-c

California

In California, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the California Public Utilities Commission (CPUC) to construct a transmission facility of 200 kilovolts (kV) or more. A developer may need a Permit to Construct to construct and operate a transmission facility between 50 kV and 200 kV. For more information, see:

California Public Utilities Commission Permit Overview:
8-CA-c

Colorado

In Colorado, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission to construct a transmission facility. For more information, see:

Certificate of Public Convenience and Necessity:
8-CO-c

Connecticut

Connecticut does not require other approval from the public utility commission for transmission projects.

Delaware

Delaware does not require other approval from the public utility commission for transmission projects.

Florida

Florida does not require other approval from the public utility commission for transmission projects.

Georgia

Currently the RAPID Toolkit does not have state specific content regarding transmission siting and interconnection in Georgia.

Hawaii

In Hawaii, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Hawaii Public Utilities Commission to install a high-voltage electric transmission line of 120 kilovolts (kV) or more. For more information, see:

Certificate of Public Convenience and Necessity:
8-HI-c

Idaho

In Idaho, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Idaho Public Utilities Commission to construct a transmission facility of 230 kilovolts (kV) or more. For more information, see:

Certificate of Public Convenience and Necessity:
8-ID-c

Illinois

In Illinois, a bulk transmission developer may need to obtain a Certificate of Public Convenience and Necessity from the Illinois Commerce Commission to construct a transmission facility. For more information, see:

Certificate of Public Convenience and Necessity:
8-IL-c

Indiana

In Indiana, a bulk transmission developer may need approval to operate as a public utility from the Indiana Utility Regulatory Commission to construct a transmission facility of 100 kilovolts (kV) or more. For more information, see:

Authority to Operate as a Public Utility:
8-IN-c

Iowa

Iowa does not require other approval from the public utility commission for transmission projects.

Kansas

Kansas does not require other approval from the public utility commission for transmission projects.

Kentucky

In Kentucky, a bulk transmission public utility may need a Certificate of Public Convenience and Necessity from the Kentucky Public Service Commission to provide utility service to or for the public or to construct a plant, equipment, property or facility. KY. Rev. Stat. Ann. §278.020(1) (2016). A public utility is defined, in part, as any “person who owns, controls, operates, or manages a facility used or to be used for in the connection with the generation, production, transmission or distribution of electricity to or for the public, for compensation, for lights, heat, power or other uses…” KY. Rev. Stat. Ann. §278.010(3) (2016). For more information, see:

Certificate of Convenience and Necessity:
8-KY-c

Louisiana

In Louisiana, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Louisiana Public Service Commission before constructing a transmission facility. A developer may also need local government approval before constructing a transmission facility. For more information, see:

Certificate of Public Convenience and Necessity:
8-LA-c

Maine

In Maine, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Maine Public Utilities Commission to construct a transmission line of 69 kilovolts (kV) or more. 35-A M.R.S. § 3132-A. For more information, see:

Certificate of Public Convenience and Necessity:
8-ME-c

Maryland

In Maryland, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Maryland Public Service Commission before constructing a generating station or a transmission line with a voltage over 69,000 volts. MD. Code Ann., Public Utilities §7-207 (1998). For more information, see:

Certificate of Public Convenience and Necessity:
8-MD-c

Massachusetts

Massachusetts does not require other approval from the public utility commission for transmission projects.

Michigan

In Michigan, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Michigan Public Service Commission a major transmission line of 5 miles or more in length that is wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company and through which electricity is transferred at system bulk supply voltage of 345 kilovolts (kV) or more. MCL § 460.562; MCL § 460.565. For more information, see: Certificate of Public Convenience and Necessity:
8-MI-c

Minnesota

In Minnesota, a bulk transmission developer may need a Certificate of Need from the Minnesota Public Utilities Commission to site or construct a large energy facility of 200 kilovolts (kV) or more and greater than ten (10) miles of its length in Minnesota or that crosses a state line. Minn. Stat. §216B.2421(2)(2)-(3). For more information, see:

Certificate of Need:
8-MN-c

Mississippi

In Mississippi, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Mississippi Public Service Commission to construct a project that transmits electricity. For more information, see:

Certificate of Public Convenience and Necessity:
8-MS-c

Missouri

In Missouri, a bulk transmission developer may need a Certificate of Convenience and Necessity from the Missouri Public Service Commission to construct a electric plant. For more information, see:

Certificate of Convenience and Necessity:
8-MO-c

Montana

Montana does not require other approval from the public utility commission for transmission projects.

Nebraska

Nebraska does not require a CPCN or CPCN equivalent from the public utility commission for transmission projects.

Nevada

In Nevada, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Public Utilities Commission of Nevada to own, control, operate, or maintain a public utility. For more information, see:

Certificate of Public Convenience and Necessity:
8-NV-c

New Hampshire

New Hampshire does not require other approval from the public utility commission for transmission projects.

New Jersey

New Jersey does not require other approval from the board of public utilities for transmission projects.

New Mexico

In New Mexico, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the New Mexico Public Regulation Commission to construct high voltage transmission lines in the state. NM Stat. 62-9-1(A). For more information, see:

Certificate of Public Convenience and Necessity:
8-NM-c

New York

In New York, a bulk transmission developer may need a Certificate of Environmental Compatibility and Public Need from the New York State Public Service Commission to construct a major transmission facility of 125 kilovolts (kV) or more. For more information, see:

Certificate of Environmental Compatibility and Public Need:
8-NY-c

North Carolina

In North Carolina, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission to operate as a public utility or construct a transmission line over 161 kilovolts (kV). N.C. Gen. Stat. Ann. §62-101(a) (1991); N.C. Gen. Stat. Ann. §62-110(a) (1931). For more information, see:

Certificate of Public Convenience and Necessity:
8-NC-c

North Dakota

In North Dakota, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the North Dakota Public Service Commission to construct an electric transmission line that carries voltages of 115 kilovolts (kV) or greater and extends more than one (1) mile in length that will connect to an existing transmission line owned by an electric public utility. For more information, see:

Certificate of Public Convenience and Necessity:
8-ND-c

Ohio

Ohio does not require other approval from the public utility commission for transmission projects.

Oklahoma

In Oklahoma, a bulk transmission developer may need approval from the Oklahoma Corporation Commission to operate as a transmission-only utility in order to build, construct, own, operate, control, manage or maintain a transmission line used to move 60 kilovolts or more of power. OK. Admin. Code §165:35-43-2 et seq. For more information, see:

Authority to Operate as a Transmission-Only Utility:
8-OK-c

Oregon

In Oregon, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Oregon Public Utility Commission to construct an overhead transmission line that requires the condemnation of land or an interest in the condemnation of land. ORS 758.015.

Certificate of Public Convenience and Necessity:
8-OR-c

Pennsylvania

In Pennsylvania, a bulk transmission developer may need a Certificate of Public Convenience from the Pennsylvania Public Utilities Commission to operate as a public utility. 66 PA. Const. Stat §102 (1978) . For more information, see:

Certificate of Public Convenience and Necessity:
8-PA-c

Rhode Island

Rhode Island does not require other approval from the public utility commission for transmission projects.

South Carolina

In South Carolina, a bulk transmission developer may need a Certificate of Environmental Compatibility and Public Convenience and Necessity from the South Carolina Public Service Commission before constructing and/or operating a "major utility facility" which includes "any transmission line with a designed voltage of 125 kV or more." S.C. Code Ann. § 58-33-110; S.C. Code Ann. Reg. 103-304. For more information, see:

Certificate of Environmental Compatibility and Public Convenience and Necessity:
8-SC-c

South Dakota

South Dakota does not require other approval from the public utility commission for transmission projects.

Tennessee

In Tennessee, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Tennessee Public Utility Commission to construct a transmission facility. Tenn. Code Ann. §65-4-208(a). For more information, see:

Certificate of Public Convenience and Necessity:
8-TN-c

Texas

In Texas, a bulk transmission developer may need a Certificate of Convenience and Necessity from the Public Utility Commission of Texas for any proposed transmission line project greater than 60 kilovolts (kV). Rule 25.101(c)(3), Texas Utilities Code § 37.051, Rule 25.5(140). For more information, see:

Certificate of Convenience and Necessity:
8-TX-c

Utah

In Utah, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Utah Public Service Commission to construct a transmission project. For more information, see:

Certificate of Public Convenience and Necessity:
8-UT-c

Vermont

In Vermont, a bulk transmission developer may need to obtain a Certificate of Public Good from the Vermont Public Utility Commission to construct utility lines. For more information, see:

Certificate of Public Good:
8-VT-c(1)

Virginia

In Virginia, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Virginia State Corporation Commission to "construct, enlarge, or acquire any facility for use in public utility service," including 138 kV or more transmission lines and any associated facility (e.g., station, substation, transition station). Va. Code Ann. § 56-265.2(A)(1)-(2). For more information, see: Certificate of Public Convenience and Necessity:
8-VA-c

Washington

Washington State does not require other approval from the public utility commission for transmission projects.

West Virginia

In West Virginia, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the West Virginia Public Service Commission to construct a high voltage transmission line over 200 kilovolts (kV). For more information, see:

Certificate of Public Convenience and Necessity:
8-WV-c

Wisconsin

In Wisconsin, a bulk transmission developer may need a Certificate of Authority or a Certificate of Public Convenience and Necessity from the Wisconsin Public Service Commission ("WPSC") to construct a new electric transmission facility. WPSC – Application Filing Requirements for Transmission Line Projects, at p.1. For more information, see:

Wisconsin Public Service Commission Certificate Overivew:
8-WI-c


Wyoming

In Wyoming, a bulk transmission developer may need a Certificate of Public Convenience and Necessity from the Wyoming Public Service Commission to construct a transmission line. For more information, see:

Certificate of Public Convenience and Necessity:
8-WY-c

8.12 to 8.13 - Does the Project Require Any Additional State Approvals?

In addition to comprehensive siting processes or certificates from a public utility commission, state governments may require additional approvals relating to a transmission facility.

Arkansas

In Arkansas, a bulk transmission developer may need a Certificate of Environmental Compatibility and Public Need from the Arkansas Public Service Commission to construct a major utility facility. For more information, see:

Certificate of Environmental Compatibility:
8-AR-d

Massachusetts

In Massachusetts, a bulk transmission developer may petition the Massachusetts Energy Facilities Siting Board for a Certificate of Environmental Impact and Public Interest (Certificate) if a state or local agency has denied the developer approval to construct or operate a facility. A Certificate, in effect, overrules the state or local agency's decision to deny an approval to construct or operate a facility. For more information, see:

Certificate of Environmental Impact and Public Interest:
8-DE-a

Maine

In Maine, a bulk transmission developer may need a Utility Line Permit from the Maine Land Use Planning Commission (MLUPC) before constructing a transmission project with a capacity of up to 99 kV located on, or crossing over or under MLUPC land. Maine Land Use Planning Commission Webpage. For more information, see: Utility Line Permit:
8-ME-d

Nebraska

In Nebraska, a bulk transmission developer may need approval from the Nebraska Public Service Commission to construct electric transmission lines. For more information, see:

Public Service Commission Transmission Approval:
8-NE-d

Nevada

In Nevada, a bulk transmission developer may need Special Use Permit to construct a transmission line located outside an above ground utility corridor. NRS 238.26506(1).

Special Use Permit for Utilities:
8-NV-d

New Mexico

In New Mexico, a bulk transmission developer may need a Right-of-Way from the New Mexico Public Regulation Commission (NMPRC) to construct transmission lines requiring a right-of-way with a width greater than 100 feet. NM Stat. 62-9-3.2(A). NM Stat. 62-3-3(E).

State Determination of Right-of-Way Width:
8-NM-d

North Dakota

In North Dakota, a bulk transmission developer may need a Route Permit (also referred to as a Transmission Facility Permit) from the North Dakota Public Service Commission to construct or operate an electric transmission line that carries voltages in excess of 115kVs and extends one (1) or more miles in length. For more information, see:

Route Permit:
8-ND-d

8.14 to 8.16 - Does the Facility Require Local Approvals?

County and municipal governments play a large role in the transmission facility approval process. In all states, unless superseded by state authority, a developer is required to comply with local zoning regulations. However, some states grant a larger approval role to local governments. For example, Colorado's "1041 Regulations" authorize cities and counties to regulate by permit, activities within certain areas of state interest. A developer should consult all counties and municipalities in which the transmission facility will be located to assure compliance with all local regulations.

Colorado

In Colorado, a bulk transmission developer may need approval from the local government with jurisdiction. For more information, see:

Local Transmission Siting Approval:
8-CO-d

Idaho

In Idaho, a bulk transmission developer may need approval form the applicable local government to construct a transmission facility. For more information, see:

Local Transmission Siting Approval:
8-ID-d