Sec. 16-50t. Regulations and standards. Hearing. Certain expenditures excluded in computation of fair net return.
Sec. 16-50t. Regulations and standards. Hearing. Certain expenditures excluded in computation of fair net return. (a) The council shall prescribe and establish
such reasonable regulations and standards in accordance with the provisions of chapter
54 as it deems necessary and in the public interest with respect to application fees,
siting of facilities and environmental standards applicable to facilities, including, but
not limited to, regulations or standards relating to: (1) Reliability, effluents, thermal
effects, air and water emissions, protection of fish and wildlife and other environmental
factors; (2) the methodical upgrading or elimination of facilities over appropriate periods
of time to meet the standards established pursuant to this subsection or other applicable
laws, standards or regulations; and (3) the elimination of overhead electric transmission
and distribution lines over appropriate periods of time in accordance with existing applicable technology and the need to provide electric service at the lowest reasonable cost
to consumers.
(b) The council may adopt regulations or standards in accordance with the provisions of chapter 54, with respect to subdivisions (1) and (2) of subsection (a) of this
section. Such regulations or standards shall be in addition to and not in lieu of any
regulation or standard adopted by any other state or local agency or instrumentality. No
such regulation or standard shall be adopted by the council without one or more public
hearings at which members of the public are given adequate opportunity to be heard.
(c) The council shall adopt, and revise as the council deems necessary, standards
for best management practices for electric and magnetic fields for electric transmission
lines. Such standards shall be based on the latest completed and ongoing scientific and
medical research on electromagnetic fields and shall require individual, project-specific
assessments of electromagnetic fields, taking into consideration design techniques including, but not limited to, compact spacing, optimum phasing of conductors, and applicable and appropriate new field management technologies. Such standards shall not be
regulations for purposes of chapter 54.
(d) Expenditures by a utility shall not be considered a necessary and proper expense
for the purpose of computing fair net return on invested capital, if such expenditures
were incurred (1) for fines, forfeitures and other penalties, including legal fees and other
expenses incurred in connection therewith, imposed for failure to comply with any state
or federal environmental or pollution standard or (2) in connection with any action
described in subsection (a) of section 16-50k prior to issuance of a certificate therefor.
(1971, P.A. 575, S. 15; P.A. 73-458, S. 10; P.A. 75-375, S. 8, 12; P.A. 88-317, S. 62, 107; P.A. 04-246, S. 10.)
History: P.A. 73-458 replaced references to repealed Secs. 4-41 to 4-50 with reference to Secs. 4-166 to 4-185, qualified
requirement that overhead lines be eliminated in Subsec. (a)(3) with "in accordance with existing applicable technology"
and replaced reference in Subsec. (b) to Subdivs. (2) and (3) of Subsec. (a) with reference to Subdivs. (1) and (2); P.A.
75-375 deleted "methodical" referring to elimination of overhead lines in Subsec. (a) (3) and added provision for regulations
on "the need to provide electric service at the lowest reasonable cost to consumers"; P.A. 88-317 substituted "chapter 54"
for "sections 4-166 to 4-185, inclusive," in Subsecs. (a) and (b), effective July 1, 1989, and applicable to all agency
proceedings commencing on or after that date; P.A. 04-246 added new Subsec. (c) re adoption of standards for best
management practices for electric and magnetic fields for electric transmission lines, redesignated existing Subsec. (c) as
new Subsec. (d) and made a technical change therein, 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.