2005 Minnesota Statutes

     116C.575 Alternative review of applications. 

    Subdivision 1.    Alternative review.  An applicant who 
 seeks a site permit or route permit for one of the projects 
 identified in this section shall have the option of following 
 the procedures in this section rather than the procedures in 
 section 116C.57.  The applicant shall notify the chair at the 
 time the application is submitted which procedure the applicant 
 chooses to follow. 

    Subd. 2.    Applicable projects.  The requirements and 
 procedures in this section apply to the following projects:  

    (1) large electric power generating plants with a capacity 
 of less than 80 megawatts; 

    (2) large electric power generating plants that are fueled 
 by natural gas; 

    (3) high voltage transmission lines of between 100 and 200 
 kilovolts; 

    (4) high voltage transmission lines in excess of 200 
 kilovolts and less than five miles in length in Minnesota; 

    (5) high voltage transmission lines in excess of 200 
 kilovolts if at least 80 percent of the distance of the line in 
 Minnesota will be located along existing high voltage 
 transmission line right-of-way; 

    (6) a high voltage transmission line service extension to a 
 single customer between 200 and 300 kilovolts and less than ten 
 miles in length; and 

    (7) a high voltage transmission line rerouting to serve the 
 demand of a single customer when the rerouted line will be 
 located at least 80 percent on property owned or controlled by 
 the customer or the owner of the transmission line. 

    Subd. 3.    Application.  The applicant for a site or 
 route permit for any of the projects listed in subdivision 2 who 
 chooses to follow these procedures shall submit information as 
 the board may require, but the applicant shall not be required 
 to propose a second site or route for the project.  The 
 applicant shall identify in the application any other sites or 
 routes that were rejected by the applicant and the board may 
 identify additional sites or routes to consider during the 
 processing of the application.  The chair of the board shall 
 determine whether an application is complete and advise the 
 applicant of any deficiencies.  

    Subd. 4.    Notice of application.  Upon submission of 
 an application under this section, the applicant shall provide 
 the same notice as required by section 116C.57, subdivision 2b.  

    Subd. 5.    Environmental review.  For the projects 
 identified in subdivision 2 and following these procedures, the 
 commissioner of the Department of Commerce shall prepare for the 
 commission an environmental assessment.  The environmental 
 assessment shall contain information on the human and 
 environmental impacts of the proposed project and other sites or 
 routes identified by the commission and shall address mitigating 
 measures for all of the sites or routes considered.  The 
 environmental assessment shall be the only state environmental 
 review document required to be prepared on the project.  

    Subd. 6.    Public hearing.  The board shall hold a 
 public hearing in the area where the facility is proposed to be 
 located.  The board shall give notice of the public hearing in 
 the same manner as notice under section 116C.57, subdivision 
 2d.  The board shall conduct the public hearing under procedures 
 established by the board.  The applicant shall be present at the 
 hearing to present evidence and to answer questions.  The board 
 shall provide opportunity at the public hearing for any person 
 to present comments and to ask questions of the applicant and 
 board staff.  The board shall also afford interested persons an 
 opportunity to submit written comments into the record.  

    Subd. 7.    Timing.  The board shall make a final 
 decision on an application within 60 days after completion of 
 the public hearing.  A final decision on the request for a site 
 permit or route permit under this section shall be made within 
 six months after the chair's determination that an application 
 is complete.  The board may extend this time limit for up to 
 three months for just cause or upon agreement of the applicant. 

    Subd. 8.    Considerations.  The considerations in 
 section 116C.57, subdivision 4, shall apply to any projects 
 subject to this section.  

    Subd. 9.    Final decision.  (a) No site permit shall be 
 issued in violation of the site selection standards and criteria 
 established in this section and in rules adopted by the board.  
 When the board designates a site, it shall issue a site permit 
 to the applicant with any appropriate conditions.  The board 
 shall publish a notice of its decision in the State Register 
 within 30 days of issuance of the site permit. 

    (b) No route designation shall be made in violation of the 
 route selection standards and criteria established in this 
 section and in rules adopted by the board.  When the board 
 designates a route, it shall issue a permit for the construction 
 of a high voltage transmission line specifying the 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 that 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. 

    HIST: 2001 c 212 art 7 s 14; 2005 c 97 art 3 s 7