1997 Minnesota Statutes

     116C.57 Designation of sites and routes; procedures; 
  considerations; emergency certification; exemption. 

    Subdivision 1.    Designation of sites suitable for 
 specific facilities; reports.  A utility must apply to the 
 board in a form and manner prescribed by the board for 
 designation of a specific site for a specific size and type of 
 facility.  The application shall contain at least two proposed 
 sites.  In the event a utility proposes a site not included in 
 the board's inventory of study areas, the utility shall specify 
 the reasons for the proposal and shall make an evaluation of the 
 proposed site based upon the planning policies, criteria and 
 standards specified in the inventory.  Pursuant to sections 
 116C.57 to 116C.60, the board shall study and evaluate any site 
 proposed by a utility and any other site the board deems 
 necessary which was proposed in a manner consistent with rules 
 adopted by the board concerning the form, content, and 
 timeliness of proposals for alternate sites.  No site 
 designation shall be made in violation of the site selection 
 standards established in section 116C.55.  The board shall 
 indicate the reasons for any refusal and indicate changes in 
 size or type of facility necessary to allow site designation. 
 Within a year after the board's acceptance of a utility's 
 application, the board shall decide in accordance with the 
 criteria specified in section 116C.55, subdivision 2, the 
 responsibilities, procedures and considerations specified in 
 section 116C.57, subdivision 4, and the considerations in 
 chapter 116D which proposed site is to be designated.  The board 
 may extend for just cause the time limitation for its decision 
 for a period not to exceed six months.  When the board 
 designates a site, it shall issue a certificate of site 
 compatibility to the utility with any appropriate conditions.  
 The board shall publish a notice of its decision in the State 
 Register within 30 days of site designation.  No large electric 
 power generating plant shall be constructed except on a site 
 designated by the board. 

    Subd. 2.    Designation of routes; procedure.  A 
 utility shall apply to the board in a form and manner prescribed 
 by the board for a permit for the construction of a high voltage 
 transmission line.  The application shall contain at least two 
 proposed routes.  Pursuant to sections 116C.57 to 116C.60, the 
 board shall study, and evaluate the type, design, routing, 
 right-of-way preparation and facility construction of any route 
 proposed in a utility's application and any other route the 
 board deems necessary which was proposed in a manner consistent 
 with rules adopted by the board concerning the form, content, 
 and timeliness of proposals for alternate routes provided, 
 however, that the board shall identify the alternative routes 
 prior to the commencement of public hearings thereon pursuant to 
 section 116C.58.  Within one year after the board's acceptance 
 of a utility's application, the board shall decide in accordance 
 with the criteria and standards specified in section 116C.55, 
 subdivision 2, and the considerations specified in section 
 116C.57, subdivision 4, which proposed route is to be 
 designated.  The board may extend for just cause the time 
 limitation for its decision for a period not to exceed 90 days.  
 When the board designates a route, it shall issue a permit for 
 the construction of a high voltage transmission line specifying 
 the type, design, routing, right-of-way preparation and facility 
 construction it deems necessary and with any other appropriate 
 conditions.  The board may order the construction of high 
 voltage transmission line facilities which are capable of 
 expansion in transmission capacity through multiple circuiting 
 or design modifications.  The board shall publish a notice of 
 its decision in the state register within 30 days of issuance of 
 the permit.  No high voltage transmission line shall be 
 constructed except on a route designated by the board, unless it 
 was exempted pursuant to subdivision 5. 

    Subd. 3.    Emergency certification.  Any utility whose 
 electric power system requires the immediate construction of a 
 large electric power generating plant or high voltage 
 transmission line may make application to the board for an 
 emergency certificate of site compatibility or permit for the 
 construction of high voltage transmission lines, which 
 certificate or permit shall be issued in a timely manner no 
 later than 195 days after the board's acceptance of the 
 application and upon a finding by the board that a demonstrable 
 emergency exists which requires immediate construction, and that 
 adherence to the procedures and time schedules specified in this 
 section would jeopardize the utility's electric power system or 
 would jeopardize the utility's ability to meet the electric 
 needs of its customers in an orderly and timely manner.  A 
 public hearing to determine if an emergency exists shall be held 
 within 90 days of the application.  The board shall, after 
 notice and hearing, promulgate rules specifying the criteria for 
 emergency certification. 

    Subd. 4.    Considerations in designating sites and 
 routes.  To facilitate the study, research, evaluation and 
 designation of sites and routes, the board shall be guided by, 
 but not limited to, the following responsibilities, procedures, 
 and considerations: 

    (1) Evaluation of research and investigations relating to 
 the effects on land, water and air resources of large electric 
 power generating plants and high voltage transmission line 
 routes and the effects of water and air discharges and electric 
 fields resulting from such facilities on public health and 
 welfare, vegetation, animals, materials and aesthetic values, 
 including base line studies, predictive modeling, and monitoring 
 of the water and air mass at proposed and operating sites and 
 routes, evaluation of new or improved methods for minimizing 
 adverse impacts of water and air discharges and other matters 
 pertaining to the effects of power plants on the water and air 
 environment; 

    (2) Environmental evaluation of sites and routes proposed 
 for future development and expansion and their relationship to 
 the land, water, air and human resources of the state; 

    (3) Evaluation of the effects of new electric power 
 generation and transmission technologies and systems related to 
 power plants designed to minimize adverse environmental effects; 

    (4) Evaluation of the potential for beneficial uses of 
 waste energy from proposed large electric power generating 
 plants; 

    (5) Analysis of the direct and indirect economic impact of 
 proposed sites and routes including, but not limited to, 
 productive agricultural land lost or impaired; 

    (6) Evaluation of adverse direct and indirect environmental 
 effects which cannot be avoided should the proposed site and 
 route be accepted; 

    (7) Evaluation of alternatives to the applicant's proposed 
 site or route proposed pursuant to subdivisions 1 and 2; 

    (8) Evaluation of potential routes which would use or 
 parallel existing railroad and highway rights-of-way; 

    (9) Evaluation of governmental survey lines and other 
 natural division lines of agricultural land so as to minimize 
 interference with agricultural operations; 

    (10) Evaluation of the future needs for additional high 
 voltage transmission lines in the same general area as any 
 proposed route, and the advisability of ordering the 
 construction of structures capable of expansion in transmission 
 capacity through multiple circuiting or design modifications; 

    (11) Evaluation of irreversible and irretrievable 
 commitments of resources should the proposed site or route be 
 approved; and 

    (12) Where appropriate, consideration of problems raised by 
 other state and federal agencies and local entities. 

    (13) If the board's rules are substantially similar to 
 existing rules and regulations of a federal agency to which the 
 utility in the state is subject, the federal rules and 
 regulations shall be applied by the board. 

    (14) No site or route shall be designated which violates 
 state agency rules. 

    Subd. 5.    Exemption of certain routes.  A utility may 
 apply to the board in a form and manner prescribed by the board 
 to exempt the construction of any proposed high voltage 
 transmission line from sections 116C.51 to 116C.69. Within 15 
 days of the board's receipt of the exemption application, the 
 utility shall publish a notice and description of the exemption 
 application in a legal newspaper of general circulation in each 
 county in which the route is proposed and send a copy of the 
 exemption application by certified mail to the chief executive 
 of any regional development commission, county, incorporated 
 municipality and organized town in which the route is proposed 
 and shall send a notice and description of the exemption 
 application to each owner over whose property the line may run, 
 together with an understandable description of the procedures 
 the owner must follow should that owner desire to object.  For 
 the purpose of giving mailed notice under this subdivision, 
 owners shall be those shown on the records of the county auditor 
 or, in any county where tax statements are mailed by the county 
 treasurer, on the records of the county treasurer; but other 
 appropriate records may be used for this purpose.  Except as to 
 the owners of tax exempt property or property taxes on a gross 
 earnings basis, every property owner whose name does not appear 
 on the records of the county auditor or the county treasurer 
 shall be deemed to have waived such mailed notice unless that 
 owner has requested in writing that the county auditor or county 
 treasurer, as the case may be, include the owner's name on the 
 records for such purpose.  The failure to give mailed notice to 
 a property owner, or defects in the notice shall not invalidate 
 the proceedings, provided a bona fide attempt to comply with 
 this subdivision has been made.  If any person who owns real 
 property crossed by the proposed route, or any person owning 
 property adjacent to property crossed by the proposed route, or 
 any affected political subdivision files an objection with the 
 board within 60 days after the board's receipt of the exemption 
 application, the board shall either deny the exemption 
 application or conduct a public hearing.  If the board 
 determines that the proposed high voltage transmission line will 
 not create significant human or environmental impact, it may 
 exempt the proposed transmission line with any appropriate 
 conditions, but the utility shall comply with any applicable 
 state rule and any applicable zoning, building and land use 
 rules, regulations and ordinances of any regional, county, local 
 and special purpose government in which the route is proposed.  
 The board may by rule require a fee to pay expenses incurred in 
 processing exemptions.  Any fee charged is subject to the 
 conditions of section 116C.69, subdivision 2a. 

    Subd. 5a.    Exemption of certain sites.  (a) A utility 
 or person may apply to the board in a form and manner prescribed 
 by the board to exempt the construction at a proposed site of a 
 proposed electric power generating plant with a capacity between 
 50 and 80 megawatts from the requirements of sections 116C.51 to 
 116C.69.  Within 15 days of the board's receipt of an exemption 
 application, the utility or person shall:  

    (1) publish a notice and description of the exemption 
 application in a legal newspaper of general circulation in the 
 county of the proposed site; 

    (2) send a copy of the exemption application by certified 
 mail to the chief executive of counties, home rule charter and 
 statutory cities, and organized towns within ten miles of the 
 proposed site; and 

    (3) mail to each owner whose property is part of or 
 contiguous to the proposed site a notice and description of the 
 exemption application, together with an understandable 
 description of the procedures the owner must follow should the 
 owner desire to object.  

    (b) For the purpose of giving mailed notice under this 
 subdivision, owners are the persons or entities shown on the tax 
 records of the county auditor or, in a county where tax 
 statements are mailed by the county treasurer, on the records of 
 the county treasurer, but other appropriate records may be used 
 to identify owners.  Except for owners of tax-exempt property or 
 property taxed on a gross earnings basis, a property owner whose 
 name does not appear on the records of the county auditor or the 
 county treasurer is deemed to have waived the mailed notice 
 unless the owner has requested in writing that the county 
 auditor or county treasurer, as the case may be, include the 
 owner's name on the records for that purpose.  The failure to 
 give mailed notice to a property owner or defects in the notice 
 does not invalidate the proceedings, if a good faith effort is 
 made to comply with this subdivision.  

    (c) If a person who owns real property that is part of or 
 contiguous to the proposed site or an affected political 
 subdivision files an objection with the board within 60 days 
 after the board receives an exemption application, the board 
 must either deny the exemption application or conduct a public 
 hearing to determine if the proposed electric power generating 
 plant at the proposed site will cause any significant human or 
 environmental impact.  

    (d) The board shall require environmental review under 
 chapter 116D to assist in making its determination regarding 
 potential significant human and environmental impact.  

    (e) If the board determines that the proposed plant has an 
 electric power production capacity less than 80 megawatts and 
 the proposed site will not have a significant human and 
 environmental impact, the board may exempt the construction of 
 the proposed plant at the proposed site from the requirements of 
 sections 116C.51 to 116C.69 with any appropriate conditions.  

    (f) If an exemption is granted, the utility or person must 
 comply with applicable state rules, local zoning, building, and 
 land use rules, regulations, and ordinances of any regional, 
 county, local, and special purpose governments in which the 
 facility is to be located.  

    (g) The board may, by rule, require a fee to pay costs 
 incurred in processing exemptions.  An estimated cost for 
 processing the exemption application must be discussed with the 
 applicant and be approved by the board when an application is 
 received.  The applicant must remit 50 percent of the approved 
 cost within 14 days of acceptance of the application.  The 
 balance is due within 30 days after receipt of an invoice from 
 the board.  Costs in excess of those approved must be certified 
 by the board and charged to the applicant.  Certification is 
 prima facie evidence that the costs are reasonable and 
 necessary.  All money received pursuant to this subdivision must 
 be deposited in a special account.  Money in the account is 
 appropriated to the board to pay expenses incurred in processing 
 the application and in the event the expenses are less than the 
 fee paid, to refund the excess to the applicant. 

    Subd. 6.    Recording of survey points.  The permanent 
 location of monuments or markers found or placed by a utility in 
 a survey of right-of-way for a route shall be placed on record 
 in the office of the county recorder or registrar of titles.  No 
 fee shall be charged to the utility for recording this 
 information. 

    HIST: 1973 c 591 s 7; 1975 c 271 s 6; 1977 c 439 s 10; 1986 c 
 444; 1987 c 384 art 2 s 21; 1989 c 346 s 1; 1994 c 644 s 1