AB 39

With certain exceptions, current law prohibits a person from constructing a

large electric generating facility or high-voltage transmission line unless the Public

Service Commission (PSC) has granted the person a certificate of public convenience

and necessity (CPCN). Current law defines a "large electric generating facility" as

a facility designed for nominal operation at a capacity of 100 megawatts or more and

a "high-voltage transmission line" as an electric transmission line exceeding one

mile in length that is designed for operation at a nominal voltage of 100 kilovolts or

more. Within 30 days after an application for a CPCN is filed, the PSC must

determine whether the application is complete. If the PSC determines that an

application is incomplete, the PSC must notify the applicant, who is allowed to refile

the application. If the PSC fails to determine that an application is complete within

30 days after filing, current law provides that the application is considered to be

complete. This bill clarifies that an application is considered to be complete if the

PSC fails to determine that the application is complete within 30 days after filing or

refiling of the application.

Current law also requires the PSC, within ten days after an application for a

CPCN is filed, to submit copies of the application to the clerk of each city, village, and

town in which the proposed large electric generating facility or high-voltage

transmission line is to be located and to the main public library in each such county.

This bill requires instead that the PSC must submit the copies within ten days after

the PSC determines that the application is complete or after the application is

considered to be complete. In addition, current law requires an applicant for a CPCN

for a high-voltage transmission line to submit a detailed project plan to the

Department of Natural Resources (DNR) at least 60 days prior to filing the CPCN

application. This bill eliminates the requirement to submit the plan to DNR.

Current law also provides that, if an applicant for a CPCN is also required to

obtain one or more permits from DNR, the applicant must use a procedure for

submitting only one application to DNR for all of the required DNR permits

(combined permit procedure), rather than submitting separate applications to DNR

for each permit. However, the combined permit procedure does not apply if the only

DNR permit the applicant is required to obtain is a storm water discharge permit.

Current law specifies two deadlines for DNR to complete action on the permit

applications. The first deadline is that DNR must complete action within 120 days

after the date on which the permit application is complete or considered to be

complete. Like the PSC, current law requires DNR to determine whether an

application is complete within 30 days after filing, allows an applicant to refile an

application that is incomplete, and specifies that, if DNR fails to determine that an

application is complete within 30 days after filing or refiling, the application is

considered to be complete. The second deadline is that DNR must complete action

on the permit application within 30 days after the PSC issues its decision on the