North Carolina General Statutes 62-102. Application for certificate
(a) An applicant for the certificate described in N.C. Gen. Stat. § 62-101 shall file an application with the Commission containing the following information:
(1) The reasons the transmission line is needed;
Terms Used In North Carolina General Statutes 62-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- begin to construct: includes any clearing of land, excavation, or other action that would adversely affect the natural environment of the route of a transmission line; but that term does not include land surveys, boring to ascertain geological conditions, or similar preliminary work undertaken to determine the suitability of proposed routes for a transmission line that results in temporary changes to the land. See North Carolina General Statutes 62-100
- Certificate: means a certificate of public convenience and necessity issued by the Commission to a person or public utility or a certificate of authority issued by the Commission to a bus company. See North Carolina General Statutes 62-3
- Commission: means the North Carolina Utilities Commission. See North Carolina General Statutes 62-3
- county: means any one of the counties listed in N. See North Carolina General Statutes 62-100
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means any incorporated community, whether designated in its charter as a city, town, or village. See North Carolina General Statutes 62-3
- municipality: means any incorporated community, whether designated as a city, town, or village and any area over which it exercises any of the powers granted by Chapter 160D of the N. See North Carolina General Statutes 62-100
- Person: means a corporation, individual, copartnership, company, association, or any combination of individuals or organizations doing business as a unit, and includes any trustee, receiver, assignee, lessee, or personal representative thereof. See North Carolina General Statutes 62-3
- Service: means any service furnished by a public utility, including any commodity furnished as a part of such service and any ancillary service or facility used in connection with such service. See North Carolina General Statutes 62-3
- State: means the State of North Carolina; "state" means any state. See North Carolina General Statutes 62-3
- transmission line: means an electric line designed with a capacity of at least 161 kilovolts. See North Carolina General Statutes 62-100
(2) A description of the proposed location of the transmission line;
(3) A description of the proposed transmission line;
(4) An environmental report setting forth:
a. The environmental impact of the proposed action;
b. Any proposed mitigating measures that may minimize the environmental impact; and
c. Alternatives to the proposed action.
(5) A list of all necessary approvals that the applicant must obtain before it may begin to construct the transmission line; and
(6) Any other information the Commission requires.
(b) Within 10 days of filing the application, the applicant shall serve a copy of it on each of the following in the manner provided in N.C. Gen. Stat. § 1A-1, Rule 4:
(1) The Public Staff;
(2) The Attorney General;
(3) The Department of Environmental Quality;
(4) The Department of Commerce;
(5) The Department of Transportation;
(6) The Department of Agriculture and Consumer Services;
(7) The Department of Natural and Cultural Resources;
(8) Each county through which the applicant proposes to construct the transmission line;
(9) Each municipality through whose jurisdiction the applicant proposes to construct the transmission line; and
(10) Any other party that the Commission orders the applicant to serve.
The copy of the application served on each shall be accompanied by a notice specifying the date on which the application was filed.
(c) Within 10 days of the filing of the application, the applicant shall give public notice to persons residing in each county and municipality in which the transmission line is to be located by publishing a summary of the application in newspapers of general circulation so as to substantially inform those persons of the filing of the application. This notice shall thereafter be published in those newspapers a minimum of three additional times before the time for parties to intervene has expired. The summary shall also be sent to the North Carolina State Clearinghouse. The summary shall be subject to prior approval of the Commission and shall contain at a minimum the following:
(1) A summary of the proposed action;
(2) A description of the location of the proposed transmission line written in a readable style;
(3) The date on which the application was filed; and
(4) The date by which an interested person must intervene.
(d) Inadvertent failure of service on or notice to any municipality, county, governmental agency, or other person described in this section may be cured by an order of the Commission designed to give that person adequate notice to enable effective participation in the proceeding.
(e) An application for an amendment of a certificate shall be in a form approved by and shall contain any information required by the Commission. Notice of such an application shall be in the same manner as for a certificate. (1991, c. 189, s. 1; 1991 (Reg. Sess., 1992), c. 959, s. 18; 1997-261, s. 3; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(s), (u).)