Sec. 16-50l. Application for certificate. Notice. Application or resolution for amendment of certificate.
Sec. 16-50l. Application for certificate. Notice. Application or resolution for
amendment of certificate. (a)(1) To initiate a certification proceeding, an applicant for
a certificate shall file with the council an application, in such form as the council may
prescribe, accompanied by a filing fee of not more than twenty-five thousand dollars,
which fee shall be established in accordance with section 16-50t, and a municipal participation fee of twenty-five thousand dollars to be deposited in the account established
pursuant to section 16-50bb, except that an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i shall not pay such municipal participation fee. An application shall contain such information as the applicant may consider
relevant and the council or any department or agency of the state exercising environmental controls may by regulation require, including the following information:
(A) In the case of facilities described in subdivisions (1), (2) and (4) of subsection
(a) of section 16-50i: (i) A description, including estimated costs, of the proposed transmission line, substation or switchyard, covering, where applicable underground cable
sizes and specifications, overhead tower design and appearance and heights, if any,
conductor sizes, and initial and ultimate voltages and capacities; (ii) a statement and
full explanation of why the proposed transmission line, substation or switchyard is necessary and how the facility conforms to a long-range plan for expansion of the electric
power grid serving the state and interconnected utility systems, that will serve the public
need for adequate, reliable and economic service; (iii) a map of suitable scale of the
proposed routing or site, showing details of the rights-of-way or site in the vicinity of
settled areas, parks, recreational areas and scenic areas, residential areas, private or
public schools, licensed child day care facilities, licensed youth camps, and public playgrounds and showing existing transmission lines within one mile of the proposed route
or site; (iv) justification for adoption of the route or site selected, including comparison
with alternative routes or sites which are environmentally, technically and economically
practical; (v) a description of the effect of the proposed transmission line, substation or
switchyard on the environment, ecology, and scenic, historic and recreational values;
(vi) a justification for overhead portions, if any, including life-cycle cost studies comparing overhead alternatives with underground alternatives, and effects described in clause
(v) of this subparagraph of undergrounding; (vii) a schedule of dates showing the proposed program of right-of-way or property acquisition, construction, completion and
operation; (viii) identification of each federal, state, regional, district and municipal
agency with which proposed route or site reviews have been undertaken, including a
copy of each written agency position on such route or site; and (ix) an assessment of
the impact of any electromagnetic fields to be produced by the proposed transmission
line; and
(B) In the case of facilities described in subdivision (3) of subsection (a) of section
16-50i: (i) A description of the proposed electric generating or storage facility; (ii) a
statement and full explanation of why the proposed facility is necessary; (iii) a statement
of loads and resources as described in section 16-50r; (iv) safety and reliability information, including planned provisions for emergency operations and shutdowns; (v) estimated cost information, including plant costs, fuel costs, plant service life and capacity
factor, and total generating cost per kilowatt-hour, both at the plant and related transmission, and comparative costs of alternatives considered; (vi) a schedule showing the
program for design, material acquisition, construction and testing, and operating dates;
(vii) available site information, including maps and description and present and proposed
development, and geological, scenic, ecological, seismic, biological, water supply, population and load center data; (viii) justification for adoption of the site selected, including
comparison with alternative sites; (ix) design information, including a description of
facilities, plant efficiencies, electrical connections to the system, and control systems;
(x) a description of provisions, including devices and operations, for mitigation of the
effect of the operation of the facility on air and water quality, for waste disposal, and
for noise abatement, and information on other environmental aspects; and (xi) a listing
of federal, state, regional, district and municipal agencies from which approvals either
have been obtained or will be sought covering the proposed facility, copies of approvals
received and the planned schedule for obtaining those approvals not yet received.
(2) On or after December 1, 2004, the filing of an application pursuant to subdivision
(1) of this subsection shall initiate the request for proposal process, except for an application for a facility described in subdivision (4), (5) or (6) of subsection (a) of section 16-50i and except for a facility exempt from such requirement pursuant to subsection (b)
of section 16a-7c.
(3) Notwithstanding the provisions of this subsection, an entity that has submitted
a proposal pursuant to the request for proposal process may initiate a certification proceeding by filing with the council an application containing the information required
pursuant to this section, accompanied by a filing fee of not more than twenty-five thousand dollars, which fee shall be established in accordance with section 16-50t, and a
municipal participation fee of twenty-five thousand dollars to be deposited in the account
established pursuant to section 16-50bb, not later than thirty days after the Connecticut
Energy Advisory Board performs the evaluation process pursuant to subsection (f) of
section 16a-7c.
(b) Each application shall be accompanied by proof of service of a copy of such
application on: (1) Each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations listed, and any adjoining municipality having a boundary not more than two thousand five hundred feet from
such facility, which copy shall be served on the chief executive officer of each such
municipality and shall include notice of the date on or about which the application is
to be filed, and the zoning commissions, planning commissions, planning and zoning
commissions, conservation commissions and inland wetlands agencies of each such
municipality, and the regional planning agencies which encompass each such municipality; (2) the Attorney General; (3) each member of the legislature in whose assembly or
senate district the facility or any alternative location listed in the application is to be
located; (4) any agency, department or instrumentality of the federal government that
has jurisdiction, whether concurrent with the state or otherwise, over any matter that
would be affected by such facility; (5) each state department, agency and commission
named in subsection (h) of section 16-50j; and (6) such other state and municipal bodies
as the council may by regulation designate. A notice of such application shall be given
to the general public, in municipalities entitled to receive notice under subdivision (1)
of this subsection, by the publication of a summary of such application and the date on
or about which it will be filed. Such notice shall be published under the regulations
to be promulgated by the council, in such form and in such newspapers as will serve
substantially to inform the public of such application and to afford interested persons
sufficient time to prepare for and to be heard at the hearing prescribed in section 16-50m. Such notice shall be published in not less than ten-point type. A notice of such an
application for a certificate for a facility described in subdivision (3), (4), (5) or (6) of
subsection (a) of section 16-50i shall also be sent, by certified or registered mail, to each
person appearing of record as an owner of property which abuts the proposed primary
or alternative sites on which the facility would be located. Such notice shall be sent at
the same time that notice of such application is given to the general public. Notice of
an application for a certificate for a facility described in subdivision (1) of subsection (a)
of section 16-50i shall also be provided to each electric company or electric distribution
company customer in the municipality where the facility is proposed to be placed. Such
notice shall (A) be provided on a separate enclosure with each customer's monthly bill
for one or more months, (B) be provided by the electric company or electric distribution
company not earlier than sixty days prior to filing the application with the council, but
not later than the date that the application is filed with the council, and (C) include: A
brief description of the project, including its location relative to the affected municipality
and adjacent streets; a brief technical description of the project including its proposed
length, voltage, and type and range of heights of support structures or underground
configuration; the reason for the project; the address and a toll-free telephone number
of the applicant by which additional information about the project can be obtained; and
a statement in print no smaller than twenty-four-point type size stating "NOTICE OF
PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC TRANSMISSION LINE".
(c) An application for a certificate shall contain information on the extent to which
the proposed facility has been identified in, and is consistent with, the annual forecast
reports and life-cycle cost analysis required by section 16-50r and other advance planning that has been carried out, and shall include an explanation for any failure of the
facility to conform with such information.
(d) An amendment proceeding may be initiated by an application for amendment
of a certificate filed with the council by the holder of the certificate or by a resolution
of the council. An amendment application by a certificate holder shall be in such form
and contain such information as the council shall prescribe. A resolution for amendment
by the council shall identify the design, location or route of the portion of a certificated
facility described in subdivisions (1) or (2) of subsection (a) of section 16-50i which is
subject to modification on the basis of stated conditions or events which could not
reasonably have been known or foreseen prior to the issuance of the certificate. No such
resolution for amendment of a certificate shall be adopted after the commencement of
site preparation or construction of the certificated facility or, in the case of a facility for
which approval by the council of a right-of-way development and management plan or
other detailed construction plan is a condition of the certificate, after approval of that
part of the plan which includes the portion of the facility proposed for modification. A
copy and notice of each amendment application shall be given by the holder of the
certificate in the manner set forth in subsection (b) of this section. A copy and notice
of each resolution for amendment shall be given by the council in the manner set forth
in subsection (b) of this section. The council shall also provide the certificate holder
with a copy of such resolution. The certificate holder and the council shall not be required
to give such copy and notice to municipalities and the commissions and agencies of
such municipalities other than those in which the modified portion of the facility would
be located.
(e) Except as provided in subsection (e) of section 16a-7c, at least sixty days prior
to the filing of an application with the council, the applicant shall consult with the
municipality in which the facility may be located and with any other municipality required to be served with a copy of the application under subdivision (1) of subsection
(b) of this section concerning the proposed and alternative sites of the facility. For a
facility described in subdivisions (1) to (4), inclusive, of subsection (a) of section 16-50i, the applicant shall submit to the Connecticut Energy Advisory Board the same
information that it provides to a municipality pursuant to this subsection on the same
day of the consultation with the municipality. Such consultation with the municipality
shall include, but not be limited to good faith efforts to meet with the chief elected
official of the municipality. At the time of the consultation, the applicant shall provide
the chief elected official with any technical reports concerning the public need, the site
selection process and the environmental effects of the proposed facility. The municipality may conduct public hearings and meetings as it deems necessary for it to advise the
applicant of its recommendations concerning the proposed facility. Within sixty days
of the initial consultation, the municipality shall issue its recommendations to the applicant. No later than fifteen days after submitting an application to the council, the applicant shall provide to the council all materials provided to the municipality and a summary
of the consultations with the municipality including all recommendations issued by the
municipality.
(f) For purposes of this chapter, an application that is subject to the request for
proposal process of section 16a-7c, shall be deemed to be a "preapplication" until the
completion of the such request for proposal process. At the completion of the request
for proposal process, such preapplication shall be considered an application. The requirements of this section shall apply to applications and preapplications.
(1971, P.A. 575, S. 6; P.A. 73-458, S. 5; P.A. 75-375, S. 3, 12; 75-509, S. 1, 4; P.A. 76-359, S. 2, 7; P.A. 79-537, S. 1;
P.A. 83-569, S. 4, 17; P.A. 86-187, S. 2, 10; P.A. 89-45, S. 2, 4; 89-104; P.A. 94-176, S. 1; P.A. 98-28, S. 100, 117; P.A.
99-141, S. 2, 4; P.A. 03-140, S. 4, 5, 7; P.A. 04-236, S. 3-5; 04-246, S. 1, 2; P.A. 07-242, S. 55; June Sp. Sess. P.A. 07-4, S. 11.)
History: P.A. 73-458 amended Subsec. (a) to require statement of how facility conforms to long-range plan for expansion
of power grid in (1)(B), to delete statement of methods of eliminating overhead portions in (1)(F), to delete reference to
statement of applicants understanding of agency's position in (1)(H), to delete requirement that statement of loads and
resources be by area in (2)(C) and to delete requirement for setting out plants costs by accounts and expenses by categories
and amended Subsec. (b) to require that application copies be sent to zoning, planning, zoning and planning and conservation
commissions, to inland wetland and regional planning agencies, to state departments, agencies and commissions named
in Sec. 16-50j(f) and to others designated by council; P.A. 75-375 added references to environmentally, technically and
economically practical routes in Subsec. (a)(1)(D); P.A. 75-509 required that notice in Subsec. (b) "be published in not
less than ten-point, boldface type"; P.A. 76-359 added Subsec. (d); P.A. 79-537 clarified language with minor changes to
Subsecs. (a) and (b), deleted Subsec. (c) summarizing section provisions, relettered Subsec. (d) as (c) and added new
Subsec. (d) re amendments; P.A. 83-569 amended Subsec. (a) to include references to substations and switchyards; P.A.
86-187 amended Subsec. (b) to require council to send notice of certain applications to abutting property owners; P.A. 89-45 deleted requirement re notices published in boldface type; P.A. 89-104 added new Subsec. (e) re consultation with and
input of municipality concerning proposed or alternative sites of a facility; P.A. 94-176 amended Subsec. (a) by adding
"life-cycle" and "comparing overhead alternatives with underground alternatives" in Subpara. (F), amended Subsec. (b)
by changing Subpara. designations to Subdiv. designations and adding provisions re notice of an application for a certificate,
and amended Subsec. (c) by changing "identified in the annual forecast reports" to "identified in, and is consistent with,
the annual forecast reports and life-cycle cost analysis" and replacing "failure to so identify the facility" with "failure of
the facility to conform with such information"; P.A. 98-28 amended Subsec. (b) by adding electric distribution companies,
effective July 1, 1998; P.A. 99-141 amended Subsec. (b) by adding reference to adjoining municipality having boundary
not more than 2,500 feet from facility and making a technical change in Subdiv. (1) and amended Subsec. (e) by adding
reference to any other municipality required to be served, effective June 8, 1999, and applicable to applications pending
before the Connecticut Siting Council on or after that date; P.A. 03-140 amended Subsec. (a) to add provision re municipal
participation fee and to make technical changes, effective July 1, 2003, and further amended said Subsec. to designate
existing provisions as Subdiv. (1) and make conforming changes therein, to add Subdiv. (2) re initiation of the request-for-proposal process, and to add Subdiv. (3) re filing of an application after submitting a proposal pursuant to the request-for-proposal process, effective December 1, 2004, and amended Subsec. (e) to add exception re Sec. 16a-7c, to make
technical changes, and to add provision re submitting information to the Connecticut Energy Advisory Board for certain
types of facilities, effective October 1, 2004; P.A. 04-236 amended Subsec. (a)(1)(A) and (a)(1)(B) to make technical
changes, effective December 1, 2004, and amended Subsec. (a)(2) to make technical changes, effective June 8, 2004; P.A.
04-246 amended Subsec. (a) to add "residential areas, private or public schools, licensed child day care facilities, licensed
youth camps, and public playgrounds" to mapping requirements, to add provision re assessment of the impact of any
electromagnetic fields to be produced by proposed transmission line, and to make a technical change, effective June 3,
2004, and applicable to applications for a certificate of environmental compatibility and public need that was originally
filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record
prior to June 3, 2004; P.A. 07-242 amended Subsec. (a)(2) to include exceptions for facilities described in Sec. 16-50i(a)(4)
or exempt pursuant to Sec. 16a-7c(b), effective July 1, 2007; June Sp. Sess. P.A. 07-4 added new Subsec. (f) re "preapplication", effective July 1, 2007.
See chapter 54 re uniform administrative procedure.
See Sec. 16a-7c re the request-for-proposal process.
Cited. 177 C. 623. Cited. 215 C. 474. Notice requirements and jurisdictional effect discussed. 216 C. 1. Cited. 217 C. 143.
Cited. 20 CA 474.
Subsec. (d):
Cited. 37 CA 653; judgment reversed, see 238 C. 361.