11-13-304 - Certificate of public convenience and necessity required -- Exceptions.
11-13-304. Certificate of public convenience and necessity required -- Exceptions.
(1) Before proceeding with the construction of any electrical generating plant ortransmission line, each interlocal entity and each out-of-state public agency shall first obtain fromthe public service commission a certificate, after hearing, that public convenience and necessityrequires such construction and in addition that such construction will in no way impair the publicconvenience and necessity of electrical consumers of the state of Utah at the present time or in thefuture.
(2) The requirement to obtain a certificate of public convenience and necessity applies toeach project initiated after the section's effective date but does not apply to:
(a) a project for which a feasibility study was initiated prior to the effective date;
(b) any facilities providing additional project capacity; or
(c) transmission lines required for the delivery of electricity from a project described inSubsection (2)(a) or facilities providing additional project capacity within the corridor of atransmission line, with reasonable deviation, of a project producing as of April 21, 1987.
Renumbered and Amended by Chapter 286, 2002 General Session