PRINTER'S NO. 3931
No. 2895 Session of 1992
INTRODUCED BY D. R. WRIGHT, STEIGHNER, PESCI, SALOOM, FLEAGLE,
FARGO, NICKOL, TRELLO, CARONE, FAIRCHILD, COY, HECKLER,
MELIO, LaGROTTA, HALUSKA, SERAFINI AND B. SMITH, JULY 2, 1992
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JULY 2, 1992
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for high voltage
3 transmission line siting.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 66 of the Pennsylvania Consolidated
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 28
9 ELECTRIC UTILITIES
10 Subchapter
11 A. General Provisions
12 B. High Voltage Transmission Lines
13 SUBCHAPTER A
14 GENERAL PROVISIONS
15 Sec.
16 2801. Definitions.
17 § 2801. Definitions.
18 The following words and phrases when used in this chapter
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Department." The Department of Environmental Resources of
4 the Commonwealth.
5 "Facility." A bulk electric generating facility, a large
6 electric generating facility or a high voltage transmission
7 line.
8 "High voltage transmission line." A conductor of electric
9 energy designed for operation at a nominal voltage of 230
10 kilovolts or more, together with associated facilities. The term
11 does not include transmission line relocation which the
12 commission determines is necessary to facilitate highway or
13 airport projects.
14 "Public utility." Persons or corporations in this
15 Commonwealth owning or operating equipment or facilities for
16 generating, transmitting, distributing or furnishing electricity
17 for the production of light, heat or power to or for the public
18 for compensation. The term does not include the following:
19 (1) A person or corporation not otherwise a public
20 utility who or which furnishes service only to himself or
21 itself.
22 (2) A bona fide cooperative association which furnishes
23 service only to its stockholders or members on a nonprofit
24 basis.
25 SUBCHAPTER B
26 HIGH VOLTAGE TRANSMISSION LINES
27 Sec.
28 2811. Advance plan.
29 2812. Commission approval of siting application.
30 2813. Application of subchapter.
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1 2814. Rules and regulations.
2 2815. Severability.
3 § 2811. Advance plan.
4 (a) Plan components.--At least 120 days prior to the filing
5 of a siting application for a high voltage transmission line and
6 any related electric generating facilities, the applicant shall
7 notify the department and the commission of its intention to
8 make application and provide the department and the commission
9 with a plan of the proposed transmission line and facilities.
10 The advance plan shall include at a minimum all of the
11 following:
12 (1) The location of all tentative, proposed and
13 alternative routes for the high voltage transmission line.
14 (2) The effects, if any, of the transmission line on the
15 environment and the means by which potential adverse effects
16 will be avoided or minimized.
17 (3) The projected demand for the electric energy to be
18 transmitted along the transmission line and the basis for
19 determining the projected demand.
20 (4) The utility's relationship to other utilities and
21 regional associations, power pools and networks.
22 (5) Existing and planned programs and policies to
23 discourage inefficient and excessive power use.
24 (6) Information, if any, that the project is part of the
25 public utility's least-cost integrated resource plan,
26 including information that demonstrates that the transmission
27 line is a least-cost alternative.
28 (7) An engineering plan showing a description of the
29 line, including the major components thereof having a
30 significant impact on citizens' property, farmlands and State
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1 game lands, and a description of the anticipated effects of
2 the proposed transmission line and facilities on agriculture.
3 (8) Any other information required by the commission.
4 (b) Filing of plan.--A copy of the plan shall at the time it
5 is filed with the commission also be filed with each of the
6 following:
7 (1) The department.
8 (2) The director or chairman of each regional planning
9 commission that has jurisdiction over any area where a
10 facility is proposed to be located or which requests a copy
11 of the plan.
12 (3) The Office of Consumer Advocate and the Office of
13 Small Business Advocate.
14 (c) Distribution of copies.--The public utility shall,
15 within ten days after the plan is filed with the commission,
16 send a copy of the plan, or the applicable portion thereof, to
17 the county planner or, if none exists, to the county clerk of
18 each county affected by the plan, to the main public library of
19 each such county and to any other county planner, county clerk
20 or public library which requests copies of the plan or portions
21 of the plan. The utility shall sent a copy of the applicable
22 portion of the plan to the clerk of each municipality and town
23 in which the transmission line is proposed to be located and
24 shall notify each public library in the municipality or town
25 that copies of the plan are available upon request.
26 (d) Submission of comments.--Any county, municipality or
27 person may submit written comments on any plan to the commission
28 within 60 days after the plan is filed. The comments shall be
29 reviewed by the commission and considered in the review of the
30 advance plan under subsection (e).
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1 (e) Review by commission.--The commission shall review and
2 make a determination concerning the advance plan within 90 days
3 after the filing of the plan. The commission's review shall be
4 limited to whether the advance plan is filed in accordance with
5 this subchapter. If the commission determines that the advance
6 plan is incomplete in accordance with the requirements of this
7 subchapter, the commission shall notify the utility and all
8 interested parties of this determination. The electric utility
9 shall not file a siting application for a proposed high voltage
10 transmission line if the advance plan does not comply with the
11 requirements of this subchapter.
12 (f) Resubmission of plan.--If the commission determines that
13 the advance plan is incomplete, the utility shall have an
14 opportunity to resubmit the advance plan in accordance with
15 regulations promulgated under this subchapter. The utility shall
16 resubmit its advance plan at least 60 days prior to the filing
17 of a siting application for a high voltage transmission line and
18 related facilities.
19 § 2812. Commission approval of siting application.
20 (a) Application procedures.--The siting application to
21 construct a high voltage transmission line and related
22 facilities shall be filed in accordance with the commission's
23 rules and regulations. The application to construct a high
24 voltage transmission line and facilities shall include all of
25 the information, including any and all updates, required under
26 the advance plan in accordance with section 2811 (relating to
27 advance plan). The application to construct a high voltage
28 transmission line also shall include:
29 (1) A description of studies which have been made as to
30 the projected environmental impact of the high voltage line
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1 as proposed and of the efforts which have been and which will
2 be made to minimize the impact of the high voltage line upon
3 the environment, public health and upon scenic and historic
4 areas, including, but not limited to, impacts, where
5 applicable, upon land use, soil and sedimentation, plant and
6 wildlife habitats, terrain, hydrology and landscape.
7 (2) A description of the efforts of the applicant to
8 locate and identify any archaeological, geologic, historic,
9 scenic or wilderness areas of significance within two miles
10 of the proposed right-of-way and the location and identity of
11 the area discovered by the applicant.
12 (3) The location and identity of airports within two
13 miles of the nearest limit of the right-of-way of the
14 proposed facility.
15 (4) A description of reasonable alternative routes to
16 the proposed high voltage line, including a description of
17 the corridor planning methodology, a comparison of the merits
18 and detriments of each route and a statement of the reasons
19 for selecting the proposed high voltage line route.
20 (5) A list of the Federal, State and local governmental
21 agencies that have requirements which need to be met in
22 connection with the construction or maintenance of the
23 proposed high voltage line and a list of documents which have
24 been or are required to be filed with those agencies in
25 connection with the siting and construction of the proposed
26 high voltage line.
27 (6) A description of environmental considerations,
28 including, but not limited to, alternative sources of supply,
29 to the proposed high voltage transmission line.
30 (7) A copy of the individual notice to be mailed first
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1 class to any and all persons whose property is located in the
2 proposed rights-of-way and to any and all persons who are
3 substantially affected by the proposed transmission line.
4 (b) Notice requirements.--Within 30 days of filing the
5 siting application with the commission, the public utility shall
6 provide individual notice by first class mail to any and all
7 persons whose property is located in the proposed rights-of-way
8 and to any and all persons who are substantially affected by the
9 proposed transmission line. The commission shall determine the
10 form and contents of the individual notice through the
11 promulgation of regulations.
12 (c) Criteria for approval.--The siting application to
13 construct a high voltage transmission line and related
14 facilities shall be approved if the commission determines after
15 notice and hearing that:
16 (1) The proposed facility is consistent with the most
17 recent least-cost integrated resource plan filed under
18 section 524 (relating to data to be supplied by electric
19 utilities).
20 (2) The proposed transmission line is necessary to
21 satisfy the reasonable needs of the public for an adequate
22 supply of electric energy.
23 (3) The design and location or route is in the public
24 interest considering alternative sources of supply,
25 alternative locations or routes, individual hardships,
26 engineering, economic, safety, reliability and environmental
27 factors.
28 (4) The proposed transmission line will not have an
29 undue adverse effect on surrounding agricultural areas
30 including any businesses located within the proposed right-
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1 of-way.
2 (5) The proposed transmission line will not have undue
3 adverse impact on other environmental values, including, but
4 not limited to, ecological balance, public health and
5 welfare, historic sites, geological formations and the
6 aesthetics of land.
7 (6) The proposed transmission line will not have a
8 substantial health impact on any and all individuals within
9 its proposed rights-of-way.
10 (7) The proposed transmission line complies with any
11 other factors that the commission deems in the public
12 interest of any or all utility customers in this
13 Commonwealth.
14 (8) The proposed transmission line complies with the
15 commission's rules and regulations concerning siting
16 requirements of high voltage transmission line.
17 (9) The proposed facilities comply with any and all laws
18 and commission policies concerning clean air standards.
19 (d) Commission approval or disapproval.--If the application
20 does not meet the criteria under subsection (c), the commission
21 shall reject the application or approve the application with
22 necessary modifications. The commission shall act within three
23 years of the filing date of the siting application or the
24 application shall be deemed denied. Any portion of the
25 application that is not approved may be resubmitted by the
26 utility after entry of the order of disapproval and, if
27 resubmitted, shall be reviewed under this section in the same
28 manner.
29 (e) Review and comment.--Those agencies receiving copies
30 under this section shall review the application and submit their
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1 comments to the commission within 120 days after their receipt
2 of the application. Comments shall include:
3 (1) A description of any statutory permits or approvals
4 required by the agency.
5 (2) A description of the types and forms of information
6 required for adequate review of an application for each
7 permit or approval.
8 (3) A detailed discussion as to the areas in which the
9 plan coordinates with the agency's plans, policies, functions
10 and programs and the areas in which the plan conflicts and
11 the significance of the conflicts.
12 (4) A discussion of the environmental impacts of the
13 plan to the extent practicable and consistent with its
14 program responsibilities.
15 (5) Information of any and all adverse effects and
16 significant benefits of the proposed transmission line and
17 related facilities, including, but not limited to,
18 environmental, health, economic and safety effects.
19 (f) Exception.--The commission may waive compliance with any
20 requirement of this section to the extent necessary to restore
21 service which has been substantially interrupted by a natural
22 catastrophe, accident or sabotage.
23 (g) Hearings.--The commission and the department shall
24 schedule as many hearings under this section as practicable at a
25 time and place reasonably convenient to the majority of persons
26 in the area of the facility. The commission shall hold a hearing
27 within the geographic areas which the commission determines will
28 be significantly affected by facilities proposed in the
29 application. Notice of any scheduled hearings shall be in
30 accordance with the commission's rules and regulations. At the
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1 hearing the commission shall briefly describe the application
2 and give all interested persons an opportunity, subject to
3 reasonable limitations on the presentation of repetitious
4 material, to express their views on any aspect of the
5 application.
6 (h) Right to appeal.--Any person whose substantial rights
7 may be adversely affected or any county or municipality having
8 jurisdiction over land affected by a siting application may
9 petition for judicial review under 2 Pa.C.S. (relating to
10 administrative law and procedure) of any decision of the
11 commission regarding the siting application.
12 (i) Notice to seller of real property.--A person may not
13 purchase or acquire an option to purchase any interest in real
14 property knowing that the property being purchased is to be used
15 for the construction of a high voltage transmission line unless
16 the person gives written notice to the prospective seller of the
17 size, maximum voltage and structure type of any transmission
18 line planned to be constructed thereon and the electric utility
19 by whom it will be operated. A contract made in violation of
20 this subsection is subject to rescission by the seller at any
21 time prior to the approval of a siting application for the
22 facility by the commission.
23 § 2813. Application of subchapter.--This subchapter shall apply
24 to every high voltage line or portion thereof which is not in
25 regular permanent service on or after the effective date of this
26 subchapter.
27 § 2814. Rules and regulations.
28 The commission may promulgate regulations to administer and
29 enforce this subchapter.
30 § 2815. Severability.
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1 The provisions of this chapter are severable. If any
2 provision of this chapter or its application to any person or
3 circumstance is held invalid, the invalidity shall not affect
4 other provisions or applications of this chapter which can be
5 given effect without the invalid provision or application.
6 Section 2. This act shall take effect in 60 days.
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