Sec. 16-50p. Certification proceeding decisions: Timing, opinion, factors considered. Telecommunications and community antenna television facilities: Additional factors considered, conditions. Modific
Sec. 16-50p. Certification proceeding decisions: Timing, opinion, factors considered. Telecommunications and community antenna television facilities: Additional factors considered, conditions. Modification of location. Amendment proceeding decisions. Service and notice. "Public need" defined. (a)(1) In a certification
proceeding, the council shall render a decision upon the record either granting or denying
the application as filed, or granting it upon such terms, conditions, limitations or modifications of the construction or operation of the facility as the council may deem appropriate.
(2) The council's decision shall be rendered in accordance with the following:
(A) Not later than twelve months after the deadline for filing an application following the request for proposal process for a facility described in subdivision (1) or (2) of
subsection (a) of section 16-50i or subdivision (4) of said subsection (a) if the application
was incorporated in an application concerning a facility described in subdivision (1) of
said subsection (a);
(B) Not later than one hundred eighty days after the deadline for filing an application
following the request for proposal process for a facility described in subdivision (4) of
said subsection (a), and an application concerning a facility described in subdivision
(3) of said subsection (a), provided such time periods may be extended by the council
by not more than one hundred eighty days with the consent of the applicant; and
(C) Not later than one hundred eighty days after the filing of an application for a
facility described in subdivision (5) or (6) of said subsection (a), provided such time
period may be extended by the council by not more than one hundred eighty days with
the consent of the applicant.
(3) The council shall file, with its order, an opinion stating in full its reasons for the
decision. The council shall not grant a certificate, either as proposed or as modified by
the council, unless it shall find and determine:
(A) Except as provided in subsection (c) of this section, a public need for the facility
and the basis of the need;
(B) The nature of the probable environmental impact of the facility alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, including, but not limited to, electromagnetic fields that, whether alone or
cumulatively with other effects, on, and conflict with the policies of the state concerning,
the natural environment, ecological balance, public health and safety, scenic, historic
and recreational values, forests and parks, air and water purity and fish, aquaculture and
wildlife;
(C) Why the adverse effects or conflicts referred to in subparagraph (B) of this
subdivision are not sufficient reason to deny the application;
(D) In the case of an electric transmission line, (i) what part, if any, of the facility
shall be located overhead, (ii) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected
utility systems and will serve the interests of electric system economy and reliability,
and (iii) that the overhead portions, if any, of the facility are cost effective and the most
appropriate alternative based on a life-cycle cost analysis of the facility and underground
alternatives to such facility, are consistent with the purposes of this chapter, with such
regulations or standards as the council may adopt pursuant to section 16-50t, including,
but limited to, the council's best management practices for electric and magnetic fields
for electric transmission lines and with the Federal Power Commission "Guidelines for
the Protection of Natural Historic Scenic and Recreational Values in the Design and
Location of Rights-of-Way and Transmission Facilities" or any successor guidelines
and any other applicable federal guidelines and are to be contained within an area that
provides a buffer zone that protects the public health and safety, as determined by the
council. In establishing such buffer zone, the council shall take into consideration,
among other things, residential areas, private or public schools, licensed child day care
facilities, licensed youth camps or public playgrounds adjacent to the proposed route
of the overhead portions and the level of the voltage of the overhead portions and any
existing overhead transmission lines on the proposed route. At a minimum, the existing
right-of-way shall serve as the buffer zone;
(E) In the case of an electric or fuel transmission line, that the location of the line
will not pose an undue hazard to persons or property along the area traversed by the line;
(F) In the case of an application that was heard under a consolidated hearing process
with other applications that were common to a request for proposal, that the facility
proposed in the subject application represents the most appropriate alternative among
such applications based on the findings and determinations pursuant to this subsection; and
(G) In the case of a facility described in subdivision (6) of subsection (a) of section
16-50i that is proposed to be installed on land under agricultural restriction, as provided
in section 22-26cc, that the facility will not result in a material decrease of acreage and
productivity of the arable land.
(b) (1) Prior to granting an applicant's certificate for a facility described in subdivision (5) or (6) of section 16-50i, the council shall examine, in addition to its consideration
of subdivisions (1) to (5), inclusive, of subsection (a) of this section: (A) The feasibility
of requiring an applicant to share an existing facility, as defined in subsection (b) of
section 16-50aa, within a technically derived search area of the site of the proposed
facility, provided such shared use is technically, legally, environmentally and economically feasible and meets public safety concerns, (B) whether such facility, if constructed,
may be shared with any public or private entity which provides telecommunications
or community antenna television service to the public, provided such shared use is
technically, legally, environmentally and economically feasible at fair market rates,
meets public safety concerns, and the parties' interests have been considered and (C)
whether the proposed facility would be located in an area of the state which the council,
in consultation with the Department of Environmental Protection and any affected municipalities, finds to be a relatively undisturbed area that possesses scenic quality of
local, regional or state-wide significance. The council may deny an application for a
certificate if it determines that (i) shared use under the provisions of subparagraph (A)
of this subdivision is feasible, (ii) the applicant would not cooperate relative to the future
shared use of the proposed facility, or (iii) the proposed facility would substantially
affect the scenic quality of its location and no public safety concerns require that the
proposed facility be constructed in such a location.
(2) When issuing a certificate for a facility described in subdivision (5) or (6) of
subsection (a) of section 16-50i, the council may impose such reasonable conditions as
it deems necessary to promote immediate and future shared use of such facilities and
avoid the unnecessary proliferation of such facilities in the state. The council shall, prior
to issuing a certificate, provide notice of the proposed facility to the municipality in
which the facility is to be located. Upon motion of the council, written request by a public
or private entity which provides telecommunications or community antenna television
service to the public or upon written request by an interested party, the council may
conduct a preliminary investigation to determine whether the holder of a certificate for
such a facility is in compliance with the certificate. Following its investigation, the
council may initiate a certificate review proceeding, which shall include a hearing, to
determine whether the holder of a certificate for such a facility is in compliance with
the certificate. In such proceeding, the council shall render a decision and may issue
orders which it deems necessary to compel compliance with the certificate, which orders
may include, but not be limited to, revocation of the certificate. Such orders may be
enforced in accordance with the provisions of section 16-50u.
(c) (1) The council shall not grant a certificate for a facility described in subdivision
(3) of subsection (a) of section 16-50i, either as proposed or as modified by the council,
unless it finds and determines a public benefit for the facility.
(2) The council shall not grant a certificate for a facility described in subdivision
(1) of subsection (a) of section 16-50i which is substantially underground or underwater
except where such facilities interconnect with existing overhead facilities, either as
proposed or as modified by the council, unless it finds and determines a public benefit
for the facility, in the case of such facility that is substantially underground, and a public
need for such facility, in the case of such facility that is substantially underwater.
(3) For purposes of subparagraph (A) of this subdivision, a public benefit exists if
such a facility is necessary for the reliability of the electric power supply of the state or
for the development of a competitive market for electricity and a public need exists if
such facility is necessary for the reliability of the electric power supply of the state.
(4) Any application for an electric transmission line with a capacity of three hundred
forty-five kilovolts or more that is filed on or after May 1, 2003, and that proposes the
underground burial of such line in all residential areas and overhead installation of such
line in industrial and open space areas affected by such proposal shall have a rebuttable
presumption of meeting a public benefit for such facility if the facility is substantially
underground, and meeting a public need for such facility if the facility is substantially
above ground. Such presumption may be overcome by evidence submitted by a party
or intervenor to the satisfaction of the council.
(d) If the council determines that the location of all or a part of the proposed facility
should be modified, it may condition the certificate upon such modification, provided
the municipalities, and persons residing or located in such municipalities, affected by
the modification shall have had notice of the application as provided in subsection (b)
of section 16-50l.
(e) In an amendment proceeding, the council shall render a decision within ninety
days of the filing of the application or adoption of the resolution initiating the proceeding.
The council shall file an opinion with its order stating its reasons for the decision. The
council's decision shall include the findings and determinations enumerated in subsection (a) of this section which are relevant to the proposed amendment.
(f) A copy of the order and opinion issued therewith shall be served upon each
party and a notice of the issuance of the order and opinion shall be published in such
newspapers as will serve substantially to inform the public of the issuance of such order
and opinion. The name and address of each party shall be set forth in the order.
(g) In making its decision as to whether or not to issue a certificate, the council shall
in no way be limited by the fact that the applicant may already have acquired land or
an interest therein for the purpose of constructing the facility which is the subject of its
application.
(h) For purposes of this section, a public need exists for an energy facility if such
facility is necessary for the reliability of the electric power supply of the state.
(i) For a facility described in subdivision (1) of subsection (a) of section 16-50i,
with a capacity of three hundred forty-five kilovolts or greater, there shall be a presumption that a proposal to place the overhead portions, if any, of such facility adjacent to
residential areas, private or public schools, licensed child day care facilities, licensed
youth camps or public playgrounds is inconsistent with the purposes of this chapter. An
applicant may rebut this presumption by demonstrating to the council that it will be
technologically infeasible to bury the facility. In determining such infeasibility, the
council shall consider the effect of burying the facility on the reliability of the electric
transmission system of the state and whether the cost of any contemplated technology
or design configuration may result in an unreasonable economic burden on the ratepayers
of the state.
(1971, P.A. 575, S. 10; P.A. 73-340, S. 1, 2; 73-458, S. 8; P.A. 75-375, S. 7, 12; P.A. 76-320, S. 1, 2; 76-359, S. 3, 7;
P.A. 77-218, S. 4; P.A. 79-537, S. 4; P.A. 80-483, S. 66, 186; P.A. 83-569, S. 5, 17; P.A. 88-121, S. 1, 3; P.A. 93-268, S.
1; P.A. 94-176, S. 3; P.A. 98-28, S. 50, 117; P.A. 01-120, S. 2, 3; P.A. 03-140, S. 10-13; 03-221, S. 6; 03-248, S. 1; 03-263, S. 6; 03-278, S. 120; P.A. 04-236, S. 6, 7; 04-246, S. 3-7; P.A. 05-288, S. 219; June Sp. Sess. P.A. 07-4, S. 116.)
History: P.A. 73-340 added Subsec. (d) re irrelevance of applicant's prior acquisition of land; P.A. 73-458 amended
Subsec. (a) to clarify Subdiv. (2) by specifying "significant" adverse effects "whether alone or cumulatively ...", to add
"that will provide, in accordance with the need for adequate and reliable electric service" in Subdiv. (4)(B) and to delete
Subdiv. (6) re conformity of facility location to state and local laws; P.A. 75-375 amended Subsec. (a) to require decision
within 10 months rather than one year, to delete reference in Subdiv. (4)(B) to elimination of overhead lines in accordance
with need for adequate and reliable service and to require consistency with purposes of Ch. 277a and adopted regulations
as well as with federal guidelines under Subdiv. (4)(C); P.A. 76-320 made technical change in Subsec. (b) and amended
Subsec. (c) to require publication of notice of issuance of order and opinion rather than publication of copy of order and
opinion; P.A. 76-359 rephrased Subsec. (d); P.A. 77-218 made 10-month deadline applicable to applications for facilities
in Subdivs. (1) to (4), inclusive, of Sec. 16-50i(a), imposed 120-day deadline for those in Subdivs. (5) and (6) and made
provision for extensions under Subsec. (a); P.A. 79-537 made clear that provisions apply to certification proceedings,
inserted new Subsec. (c) re amendment proceedings and redesignated former Subsecs. (c) and (d) accordingly; P.A. 80-483 made technical changes; P.A. 83-569 amended Subsec. (a) to establish a time limit for council decisions affecting
substations and switchyards; P.A. 88-121 amended Subsec. (a) increasing the council's time to render decisions on applications; P.A. 93-268 inserted new Subsec. (b) regarding factors considered in granting and conditions of a certificate for a
facility described in Sec. 16-50i(a)(5) or (6), and relettered former Subsecs. (b) to (e) as (c) to (f); P.A. 94-176 amended
Subsec. (a)(4)(C) by adding provision re life-cycle cost analysis of the facility and underground alternatives; P.A. 98-28
made technical changes in Subsec. (a), added new Subsec. (c) re siting of electric generating and storage facilities and
electric transmission lines which are substantially underground or underwater, and redesignated former Subsecs. (c) to (f)
as Subsecs. (d) to (g), effective July 1, 1998; P.A. 01-120 amended Subsec. (a) by adding aquaculture to items in Subdiv.
(2) that council must determine the probable environmental impact upon for any facility and adding provisions making
the terms of any agreement between the applicant and any party to the proceeding or third party part of the record of the
proceeding, effective July 1, 2001; P.A. 03-140 amended Subsec. (a) to add provisions re feasible and prudent alternatives,
effective July 1, 2003, and applicable to applications for a certificate of environmental compatibility and public need filed
after that date, and further amended said Subsec. to add subdiv. designators, to add "not later than" and "after the deadline
for filing an application following the request-for-proposal process for" in Subdivs. (2)(A) and (2)(B), to delete reference
to community antenna television and telecommunication towers in Subdiv. (2)(B), to add Subdiv. (2)(C) re deadline for
issuing a decision on an application for community antenna television and telecommunication towers, to delete provisions
re feasible and prudent alternatives, to add Subdiv. (3)(F) re applications heard under a consolidated hearing process, to
delete provisions re terms of agreements as part of the record of the proceedings, and to make conforming changes, effective
October 1, 2004, and amended Subsec. (c) to add provisions re public need for a facility that is substantially underwater
in Subdiv. (2)(A), to add provisions re feasible and prudent alternatives, and to make technical changes, effective July 1,
2003, and applicable to applications for a certificate of environmental compatibility and public need filed after that date,
and further amended said subsec. to add Subdiv. (1)(D) re applications heard under a consolidated hearing process, to
delete provisions re feasible and prudent alternatives, and to add Subdiv. (2)(F) re applications heard under a consolidated
hearing process, effective October 1, 2004; P.A. 03-221 added Subsec. (a)(6) re telecommunication towers proposed on
land under agricultural restriction; P.A. 03-248 added Subsec. (c)(3) re rebuttable resumption for an application for certain
electric transmission lines, effective July 9, 2003; P.A. 03-263 added new Subsec. (h) re definition of public need for an
energy facility, effective July 9, 2003; P.A. 03-278 amended Subsec. (a) by adding Subdiv. (6) re facility proposed to be
installed on land under agricultural restriction; P.A. 04-236 made a technical change in former version of Subsecs. (a)(4)(C)
and (c)(2)(B), effective June 8, 2004; P.A. 04-246 amended Subsec. (a) to make technical changes, to add "including, but
not limited to, electromagnetic fields that," to include references to standards and best management practices for electric
and magnetic fields for electric transmission lines, and to add buffer zone requirement, amended Subsec. (c) to make
technical changes and to eliminate provisions re rebuttable presumption for certain electric transmission line applications,
and added Subsec. (i) re presumption re proposal for an overhead electric transmission facility with a capacity of three
hundred forty-five kilovolts or greater, 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 (Revisor's note: In 2005, the Revisors editorially
redesignated Subsec. (c)(3) as Subsec. (c)(4) to conform with technical changes made by P.A. 04-246); P.A. 05-288 made
technical changes in Subsec. (a)(3)(A) and (D), effective July 13, 2005; June Sp. Sess. P.A. 07-4 amended Subsec. (i) to
add to factors for determining infeasibility whether cost of any contemplated technology or design configuration may
result in unreasonable economic burden for ratepayers, effective July 1, 2007.
See Sec. 16a-7c re the request-for-proposal process.
Cited. 212 C. 157. Cited. 215 C. 474. In determining environmental impact, council's jurisdiction is limited to nonnuclear
environmental effects. 286 C. 57.
Cited. 20 CA 474.
Subsec. (c):
Cited. 177 C. 623.
Subsec. (g):
The phrase "in no way be limited" implies that legislature did not want the council to be bound by an applicant's alleged
acquisition of an interest in land, but council was not prohibited from considering such an interest in determining whether
the certificate should be issued. The language is an enlargement of the council's discretion, not a limitation, permitting
but not obligating the council to consider likelihood of applicant securing the proposed site. 50 CS 443.