PRINTER'S NO. 925
No. 840 Session of 1995
INTRODUCED BY REINARD, CORNELL AND M. N. WRIGHT,
FEBRUARY 14, 1995
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 14, 1995
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for review of siting and
3 construction of electric transmission lines by the
4 Pennsylvania Public Utility Commission.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 66 of the Pennsylvania Consolidated
8 Statutes is amended by adding a chapter to read:
9 CHAPTER 32
10 ELECTRIC TRANSMISSION LINES
11 Sec.
12 3201. Definitions.
13 3202. Application.
14 3203. Form and content of application.
15 3204. Filing and service of application and notice of filing.
16 3205. Hearing and notice.
17 3206. Determination and order.
18 3207. Applicability.
19 § 3201. Definitions.
1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Alternative route." A reasonable right-of-way which
5 includes not more than 25% of the right-of-way of the
6 applicant's proposed route.
7 "Commence construction." To begin clearing or disturbing the
8 land or the first act in erecting thereon an artificial
9 structure. The term does not include action necessary for the
10 purpose of gathering survey, geological, environmental or
11 similar data.
12 "Customer." A party supplied with electric service by a
13 public utility.
14 "Customer's installation." Wiring and equipment on the
15 premises of a customer, and poles, wires or cables and other
16 facilities necessary to bring the terminus of the wiring of a
17 customer to a location where it may be connected to the service
18 line.
19 "Electric supply line." The wires or cables, with the
20 necessary supporting or containing structures and appurtenances,
21 used in connection with an overhead or underground system of a
22 public utility, providing electric power, located on a public
23 highway or utility right-of-way and used to transmit or
24 distribute electric energy.
25 "Eminent domain application." An application filed with the
26 commission by a public utility for a certificate of public
27 convenience for approval of the exercise of the power of eminent
28 domain to acquire rights-of-way for the construction, operation
29 and maintenance of an aerial transmission line.
30 "Existing transmission line right-of-way." A right-of-way of
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1 sufficient width to accommodate two or more transmission lines
2 on the effective date of this chapter and on which at least one
3 transmission line was erected as of the effective date of this
4 chapter, or a right-of-way of sufficient width to accommodate
5 two or more lines for which siting approval was received and on
6 which at least one line has been constructed.
7 "HV transmission line" or "HV line." An overhead electric
8 supply line with a design voltage greater than 100,000 volts.
9 "Line extension." An addition to the public utility electric
10 supply line necessary to serve the premises of a customer, which
11 addition is so located that it cannot be supplied by means of a
12 service line from the existing electric supply line.
13 "Proposed route." The right-of-way on which the applicant
14 desires to construct a HV transmission line.
15 "Public utility." Persons or corporations in this
16 Commonwealth owning or operating equipment or facilities for
17 generating, transmitting, distributing or furnishing electricity
18 for the production of light, heat or power to or for the public
19 for compensation. The term does not include the following:
20 (1) A person or corporation not otherwise a public
21 utility who or which furnishes service only to himself or
22 itself.
23 (2) A bona fide cooperative association which furnishes
24 service only to its stockholders or members on a nonprofit
25 basis.
26 "Service line." The wires or cables and appurtenances which
27 connect the electric supply line of the public utility with the
28 customer's installation and which comply with either of the
29 following:
30 (1) If overhead-open-wire or cable-construction, the
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1 span, normally 100 feet, extending to a suitable support
2 provided by the customer.
3 (2) If the electric supply line is of underground
4 construction, the underground facilities extending to but not
5 exceeding 18 inches inside the property line of the customer.
6 "Siting application." An application filed with the
7 commission by a public utility under section 3202 (relating to
8 application).
9 "Transmission line." An overhead electric supply line with a
10 design voltage greater than 35,000 volts.
11 "Transmission line right-of-way." A right enjoyed over the
12 property of another subject to certain conditions which arise by
13 reason of one of the following:
14 (1) A lease.
15 (2) An easement.
16 (3) A right to use or license.
17 (4) An option to buy with right of possession.
18 (5) Ownership in fee simple absolute or any lesser
19 estate of land obtained for the purpose of constructing and
20 maintaining a transmission line or HV line.
21 § 3202. Application.
22 Upon the application of a public utility for authorization to
23 locate and construct a HV transmission line or any portion
24 thereof, upon approval of the application by the commission
25 first had and obtained and upon compliance with existing laws,
26 it shall be lawful for a public utility to commence construction
27 of the HV transmission line or portion thereof.
28 § 3203. Form and content of application.
29 (a) Form.--The form of the application shall be in
30 conformity with regulations promulgated by the commission.
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1 (b) Signature required.--The application shall be signed by
2 a person having authority with respect thereto and having
3 knowledge of the matters therein set forth and shall be verified
4 under oath.
5 (c) Contents.--An application shall contain:
6 (1) The name of the applicant and the address of its
7 principal business office.
8 (2) The name, title and business address of the attorney
9 of the applicant and the person authorized to receive notice
10 and communications with respect to the application if other
11 than the attorney of the applicant.
12 (3) A general description, not a legal or metes and
13 bounds description, of the proposed route of the HV line to
14 include the number of route miles, the right-of-way width and
15 the location of the proposed HV line within each city,
16 borough, town and township traversed.
17 (4) The names and addresses of known persons,
18 corporations and other entities of record owning property
19 within the proposed right-of-way, together with an indication
20 of HV line rights-of-way acquired by the applicant.
21 (5) A general statement of the need for the proposed HV
22 line in meeting identified present and future demands for
23 service, of how the proposed HV line will meet that need and
24 of the engineering justifications for the proposed HV line.
25 (6) A statement of the safety considerations which will
26 be incorporated into the design, construction and maintenance
27 of the proposed HV line.
28 (7) A description of studies which had been made as to
29 the projected environmental impact of the HV line as proposed
30 and of the efforts which have been and which will be made to
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1 minimize the impact of the HV line upon the environment and
2 upon scenic and historic areas, including, but not limited
3 to, impacts, where applicable, upon land use, soil and
4 sedimentation, plant and wildlife habitats, terrain,
5 hydrology and landscape.
6 (8) A description of the efforts of the applicant to
7 locate and identify any archaeologic, geologic, historic,
8 scenic or wilderness area of significance within two miles of
9 the proposed right-of-way and the location and identity of
10 the area discovered by the applicant.
11 (9) The location and identity of airports within two
12 miles of the nearest limit of the right-of-way of the
13 proposed HV line.
14 (10) A general description of reasonable alternative
15 routes to the proposed HV line, including a description of
16 the corridor planning methodology, a comparison of the merits
17 and detriments of each route and a statement of the reasons
18 for selecting the proposed HV line route.
19 (11) A list of the Federal, State and local governmental
20 agencies which have requirements which shall be met in
21 connection with the construction or maintenance of the
22 proposed HV line and a list of documents which have been or
23 are required to be filed with those agencies in connection
24 with the siting and construction of the proposed HV line.
25 (12) The estimated cost of construction of the proposed
26 HV line and the projected date for completion.
27 (13) The following exhibits:
28 (i) A depiction of the proposed route on aerial
29 photographs and topographic maps of suitable detail.
30 (ii) A description of the proposed HV line,
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1 including the length of the line, the design voltage, the
2 size, number and materials of the conductors, the design
3 of the supporting structures and their height,
4 configuration and materials of construction, the average
5 distance between supporting structures, the number of
6 supporting structures, the line to structure clearances
7 and the minimum conductor-to-ground clearance at midspan
8 under normal load and average weather conditions and
9 under predicted extreme load and weather conditions.
10 (iii) A simple drawing of a cross section of the
11 proposed right-of-way of the HV line and any adjoining
12 rights-of-way showing the placement of the supporting
13 structures at typical locations, with the height and
14 width of the structures, the width of the right-of-way
15 and the lateral distance between the conductors and the
16 edge of the right-of-way indicated.
17 (iv) A system map which shows in suitable detail the
18 location and voltage of existing transmission lines and
19 substations of the applicant and the location and voltage
20 of the proposed HV line and associated substations.
21 (14) A statement identifying litigation concluded or in
22 progress which concerns property or matter relating to the
23 proposed HV line, right-of-way route or environmental
24 matters.
25 (15) Additional information as the commission may
26 require.
27 (d) Letter of notification in lieu of application.--
28 (1) A letter of notification may be filed with the
29 commission in lieu of the application process set forth in
30 sections 3202 (relating to application) through 3206
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1 (relating to determination and order) for the following:
2 (i) An HV line which is proposed to be located
3 entirely on an existing transmission line right-of-way,
4 as long as the size, character design or configuration of
5 the proposed HV line does not substantially alter the
6 right-of-way.
7 (ii) An HV line which is proposed to be located
8 entirely within a public road.
9 (iii) An HV line which is proposed to be located
10 entirely within the applicant's existing transmission
11 line right-of-way and the property of the sole customer
12 to be served by the line, as long as the size, character,
13 design or configuration of the proposed HV line does not
14 substantially alter the right-of-way.
15 (iv) A line for which the voltage is proposed to be
16 increased above its present levels, as long as the size,
17 character, design or configuration of the proposed HV
18 line does not substantially alter the right-of-way.
19 (v) An HV line which is to be reconductored or
20 reconstructed as long as the size, character, design or
21 configuration of the proposed HV line does not
22 substantially alter the right-of-way.
23 (vi) An HV line having a proposed route of two miles
24 or less.
25 (2) The applicant shall file with the commission the
26 original and six copies of the letter of notification and an
27 affidavit of service showing the identity of those served
28 under paragraph (3).
29 (3) At the time of filing, the applicant shall serve a
30 copy of the letter of notification by registered or certified
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1 mail upon those who would have otherwise been entitled to
2 receive a copy of an application or notice of filing an
3 application as set forth in section 3204 (relating to filing
4 and service of application and notice of filing).
5 (4) A letter of notification shall contain:
6 (i) The information described in subsection (c)(1)
7 through (3), (5) and (6).
8 (ii) The anticipated construction commencement date
9 and the proposed in-service date of the project.
10 (iii) Evidence to show that the size, character,
11 design and configuration of the proposed HV line will not
12 substantially alter its right-of-way, if the letter is
13 filed under paragraph (1)(i) through (v).
14 (iv) A statement identifying the filing date on
15 which the filing of the letter of notification was or is
16 to be made, together with substantially the language set
17 forth in paragraph (6).
18 (v) A statement indicating that any comments or
19 objections related to the letter of notification may be
20 filed with the commission within 30 days of the filing
21 date as identified in subparagraph (iv) and that failure
22 to comment or object could lead to approval of the letter
23 of notification without public input.
24 (5) On the day of filing of the letter of notification,
25 the applicant shall make one copy of the letter of
26 notification available for public examination during ordinary
27 business hours at a convenient location within a county in
28 which any part of the HV line will be located and
29 constructed.
30 (6) The commission shall review and by order approve or
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1 disapprove a letter of notification. If the commission
2 approves a letter of notification, the HV line shall be
3 located and constructed without the application process set
4 forth in this chapter. If the commission does not approve the
5 letter of notification, its order shall direct the applicant
6 to comply with the application process set forth in this
7 chapter.
8 (e) Waiver of requirements.--Upon the petition of any party,
9 upon the commission's own motion or upon the presiding officer's
10 own motion, the commission or the presiding officer may waive
11 one or more or all of the requirements in this chapter. The
12 petition shall clearly state the requirement sought to be waived
13 and the reasons therefor.
14 § 3204. Filing and service of application and notice of filing.
15 (a) Filing.--The applicant shall file with the commission
16 the original and six copies of the application. An affidavit of
17 service showing the identity of those served under subsections
18 (b) and (c) shall accompany the original and the copies of the
19 application filed with the commission.
20 (b) Copies.--At the time of filing, the applicant shall
21 serve a copy of the application by registered or certified mail,
22 return receipt requested, upon the following:
23 (1) The chief executive officer, the governing body and
24 the body charged with the duty of planning land use in each
25 city, borough, town, township and county in which any portion
26 of the HV line is proposed to be located.
27 (2) The president of the public utility, other than the
28 applicant, in whose service territory any portion of the HV
29 line is proposed to be located.
30 (3) The Department of Environmental Resources.
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1 (c) Notice.--
2 (1) At the time of filing, the applicant shall serve a
3 notice of filing and a map of suitable detail showing the
4 proposed route of the proposed facility by registered or
5 certified mail, return receipt requested, upon the following:
6 (i) The Secretary of Transportation.
7 (ii) The Chairman of the Historical and Museum
8 Commission.
9 (iii) Other Federal, State or local agencies
10 designated in section 3203(c)(11) (relating to form and
11 content of application).
12 (2) The notice of filing shall contain a statement
13 identifying the filing, the date on which the filing was or
14 is to be made, a description of the proposed line, the design
15 voltage, the number of route miles, the right-of-way width
16 and the location of the proposed HV line within each township
17 traversed and a statement that a copy of the application is
18 available for public examination as provided in subsection
19 (d).
20 (d) Examination.--On the day of filing of the application,
21 the applicant shall make a copy of the application available for
22 public examination during ordinary business hours at a
23 convenient location within a county in which any part of the
24 proposed HV line will be located.
25 (e) Additional notice.--The applicant shall provide an
26 additional notice and shall serve additional copies of the
27 application upon all of the following:
28 (1) The persons, corporations and other entities of
29 record owning property within the proposed right-of-way and
30 within 1,000 feet of each side of the edge of the proposed
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1 right-of-way.
2 (2) The members of the General Assembly in whose
3 district any portion of the HV line is proposed to be
4 located.
5 § 3205. Hearing and notice.
6 (a) Scheduling.--Upon the filing of an application, the
7 commission shall set the time and place for hearing or hearings
8 of the application and shall then require the applicant to
9 publish weekly for two consecutive weeks a notice of hearing in
10 a newspaper of general circulation within each municipality in
11 which the HV line is proposed to be located. The publication of
12 the notice of hearings shall begin at least 45 days before the
13 date set for the commencement of the hearings. The notice of
14 hearing for publication shall contain a brief description of the
15 proposed HV line, its location, a statement of the date, time,
16 place and purpose of the hearing and a statement as to where and
17 when a copy of the application is available for public
18 examination.
19 (b) Notification.--The commission shall notify each person
20 or agency designated in section 3204(b), (c) and (e) (relating
21 to filing and service of application and notice of filing),
22 parties granted leave to intervene under subsection (d) and
23 parties under subsection (i) of the time and place of hearings
24 on the application. After the initial hearing, further hearing
25 notices shall be given by the commission.
26 (c) Grouping of parties.--If it appears desirable, the
27 commission or the presiding officer may provide for the grouping
28 of parties with substantially similar interests for the purpose
29 of serving notices and other documents. If a group does not
30 designate a representative for the service of notices and
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1 documents, the presiding officer may designate a representative.
2 Notice and documents shall be served only on the designated
3 representative. This subsection may not be construed, however,
4 to limit the right of a party to the proceeding to file motions,
5 briefs and the like with the presiding officer or commission
6 when appropriate.
7 (d) Intervention.--A request for leave to intervene shall be
8 in writing and shall state briefly the interest of the
9 intervenor and the objections to be raised. Upon proper request,
10 the commission shall allow the timely intervention of any of the
11 persons or agencies listed in section 3204(b), (c) and (e). Upon
12 proper request, the commission may allow the timely intervention
13 of another party deemed to have a substantial interest in the
14 proceeding or whose intervention will aid the commission in its
15 consideration of the application.
16 (e) Evidence.--At hearings held under this section, the
17 commission shall accept evidence upon and, in its determination
18 of the application shall consider, inter alia, the following
19 matters:
20 (1) The present and future necessity of the proposed HV
21 line in furnishing service to the public.
22 (2) The safety of the proposed HV line.
23 (3) The impact and the efforts which have been and will
24 be made to minimize the impact, if any, of the proposed HV
25 line upon the following:
26 (i) Land use.
27 (ii) Soil and sedimentation.
28 (iii) Plant and wildlife habitats.
29 (iv) Terrain.
30 (v) Hydrology.
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1 (vi) Landscape.
2 (vii) Archaeologic areas.
3 (viii) Geologic areas.
4 (ix) Historic areas.
5 (x) Scenic areas.
6 (xi) Wilderness areas.
7 (xii) Scenic rivers.
8 (4) The availability of reasonable alternative routes.
9 (f) Amendment of application.--Upon the order of the
10 commission or the presiding officer, the applicant may amend its
11 application prior to the closing of the record if every party,
12 utility, agency or municipality affected by the amendment is
13 given reasonable notice thereof and an opportunity to present
14 evidence with respect to the amendment.
15 (g) Expedited applications.--Upon petition of the applicant,
16 setting forth the circumstances which require the prompt
17 availability of an HV line, the commission may grant expedited
18 consideration of the application. The commission shall give
19 preference to the hearing and decision of expedited applications
20 over other applications filed under this chapter and shall
21 decide the same as speedily as possible.
22 (h) Decisions without hearing.--If no protests or petitions
23 to intervene other than that of the commission staff or
24 petitions to intervene which support an application have been
25 received by the commission seven days prior to the hearing
26 scheduled under subsection (a), the applicant may move and the
27 presiding officer may order that the case be submitted on the
28 applications, exhibits, written testimony and briefs of the
29 applicants and written testimony, exhibits or briefs filed by
30 the commission's staff. The motion may not be granted over the
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1 protest of the commission's staff, but, in such a case, hearings
2 shall be held. To move for a decision without hearing, the
3 applicant shall have filed written testimony and exhibits at
4 least 30 days prior to the date of hearing. The applicant shall
5 also have given notice that it may make a motion under this
6 subsection in its notice of hearing published as provided for in
7 subsection (a).
8 (i) Eminent domain.--
9 (1) Proceedings on eminent domain applications for the
10 same HV line are entitled to be consolidated with the
11 proceeding on the HV line's siting application.
12 (2) An eminent domain application for which
13 consolidation with a siting application is desired under
14 subsection (a) shall be considered by the presiding officer
15 at the hearing on the siting application, and the commission
16 shall issue an order granting or denying the eminent domain
17 application if, prior to the hearing, the public utility
18 filing the eminent domain application serves a copy of the
19 proposed HV line's siting application upon the persons,
20 corporations or other entities having a property interest
21 sought to be acquired by the eminent domain application.
22 (3) Unless the applicable eminent domain application has
23 been withdrawn by the public utility, a person, corporation
24 or other entity which is served a copy of the siting
25 application as required by subsection (b) shall be a party to
26 the proceeding on the siting application.
27 (4) A portion of the record of a proceeding under this
28 chapter may be admitted into the record of a subsequent
29 proceeding on an eminent domain application for the same HV
30 line upon reasonable notice by motion plainly identifying the
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1 matters offered. If only part of the record is offered, a
2 party may require the movant to introduce portions relevant
3 to the part introduced and a party may introduce other
4 portions.
5 § 3206. Determination and order.
6 (a) Determination.--The commission shall issue its order,
7 along with its opinion, if any, either granting or denying the
8 application, in whole or in part, as filed or upon the terms,
9 conditions or modifications of the location, construction,
10 operation or maintenance of the line as the commission may deem
11 appropriate. The commission shall not grant the application,
12 either as proposed or as modified, unless it finds and
13 determines as to the proposed HV line that:
14 (1) There is a need for it.
15 (2) It will not create an unreasonable risk of danger to
16 the health and safety of the public.
17 (3) It is in compliance with applicable statutes and
18 regulations providing for the protection of the natural
19 resources of this Commonwealth.
20 (4) It will have minimum adverse environmental impact,
21 considering the electric power needs of the public, the state
22 of available technology and the available alternatives.
23 (b) Order.--A commission order granting a siting application
24 shall be deemed to include a grant of authority, subject to the
25 provisions of law, to locate and construct the proposed HV
26 transmission line within a corridor consisting of the area of
27 500 feet on each side of the center line of the proposed HV
28 transmission line unless the applicant requests and the
29 commission approves a corridor of a different size. A proposed
30 HV transmission line may not be constructed outside the
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1 corridor, except upon petition to and approval by the
2 commission.
3 § 3207. Applicability.
4 This chapter shall apply to every HV line or portion thereof
5 which is not in regular permanent service on or after the
6 effective date of this chapter.
7 Section 2. This act shall take effect in 60 days.
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