§ 62-102. Application for certificate.

510 words·~2 min read·/nc/chapter-62/62-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An applicant for the certificate described in G.S. 62-101 shall file an application with the Commission containing the following information:

(1)The reasons the transmission line is needed;

(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 G.S. 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).)