| 35 | 40 | | |
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| 36 | 41 | | |
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| 37 | 42 | | |
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| 38 | 43 | | An Act relating to electric transmission; defining |
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| 39 | 44 | | terms; establishing requirements for submission of |
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| 40 | 45 | | certificate of author ity; requiring transmission |
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| 41 | 46 | | developer to submit certain application for |
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| 42 | 47 | | certificate of authority prior to certain |
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| 43 | 48 | | transmission development; stating contents of |
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| 44 | 49 | | application; requiring approval of certificate prior |
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| 45 | 50 | | to certain transfer; providing for approval of |
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| 46 | 51 | | applications under certain circumstances; providing |
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| 47 | 52 | | for fee assessment; authorizing rule promulgation; |
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| 48 | 53 | | providing for codification ; and declaring an |
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| 49 | 54 | | emergency. |
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| 50 | 55 | | |
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| 51 | 56 | | |
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| 52 | 57 | | |
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| 53 | 58 | | |
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| 54 | 59 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 55 | 60 | | SECTION 1. NEW LAW A new section of law to be codified |
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| 56 | 61 | | in the Oklahoma Statutes as Section 295 of Title 17, unless there is |
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| 57 | 62 | | created a duplication in numbering, reads as follows: |
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| 58 | 63 | | As used in this act: |
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| 59 | 64 | | 1. “Certificate of authority ” means authorization for a |
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| 60 | 65 | | transmission developer by an order of the Corporation Commission |
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| 61 | 66 | | through filing of a case with an application, notice, and hearing. |
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| 90 | 96 | | 2. “Electric transmission facility ” means a high-voltage |
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| 91 | 97 | | transmission line or high -voltage associated transmission facilit y |
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| 92 | 98 | | with a rating of greater than three hundred (300) kilovolts; |
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| 93 | 99 | | 3. “FERC” means the Federal Energy Regulatory Commission; |
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| 94 | 100 | | 4. “Transfer” means any sale, assignment, or change in |
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| 95 | 101 | | ownership of the electric transmission facility by a transmission |
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| 96 | 102 | | developer; and |
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| 97 | 103 | | 5. “Transmission developer ” means any person, firm, |
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| 98 | 104 | | corporation, or entity that develops, owns, operates, controls, |
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| 99 | 105 | | manages, or maintains an electric transmission facility within this |
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| 100 | 106 | | state and is licensed to do business in this state. |
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| 101 | 107 | | SECTION 2. NEW LAW A new section of law to be codified |
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| 102 | 108 | | in the Oklahoma Statutes as Section 296 of Title 17, unless there is |
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| 103 | 109 | | created a duplication in numbering, reads as follows: |
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| 104 | 110 | | A. This section shall not be construed to require any Oklahoma |
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| 105 | 111 | | retail electric supplier or rural electric cooperative to secure a |
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| 106 | 112 | | certificate of authority for any extension, rebuild, or upgrade of |
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| 107 | 113 | | an existing electric transmission facility within or through any |
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| 108 | 114 | | territory already served by it or to facilities owned by it. |
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| 109 | 115 | | B. A transmission developer shall file an application to obtain |
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| 110 | 116 | | a certificate of authority from the Corporation Commission for each |
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| 111 | 117 | | electric transmission facility. No electric transmission facility |
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| 140 | 147 | | 1. The name, address, and contact information, including at |
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| 141 | 148 | | least one named representative of the transmission developer and a |
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| 142 | 149 | | telephone number and electronic mail address for each such |
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| 143 | 150 | | representative; |
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| 144 | 151 | | 2. A description and a map or plat for any proposed electric |
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| 145 | 152 | | transmission facility route or alternative route , regardless of |
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| 146 | 153 | | whether a transmission developer has made a submission or received |
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| 147 | 154 | | approval from the Southwest Power Pool or any other applicable |
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| 148 | 155 | | regional planning process o r other federal authority, or made no |
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| 149 | 156 | | submission or received approval from any such entities; |
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| 150 | 157 | | 3. Identification of any and all such counties within any |
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| 151 | 158 | | proposed electric transmission facility route or alternative route; |
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| 152 | 159 | | and |
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| 153 | 160 | | 4. Identification of any energy resource to which the electric |
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| 154 | 161 | | transmission facility is to be directly connected or, to the extent |
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| 155 | 162 | | known, resources to which the electric transmission facility could |
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| 156 | 163 | | be connected to integrate existing natural gas or other resource |
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| 157 | 164 | | generation. |
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| 158 | 165 | | C. If the transmission developer is required to file subsequent |
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| 159 | 166 | | forms with FERC or any other agency or o rganization due to changing |
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| 160 | 167 | | routes or heights of individual structures from the locations or |
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| 161 | 168 | | heights originally proposed, the transmission developer shall, |
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| 190 | 198 | | Commission. A transmission developer shall not be required to start |
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| 191 | 199 | | the notification process over unless the subsequent FERC or other |
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| 192 | 200 | | agency or organization application expands the project beyond the |
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| 193 | 201 | | original boundaries in the applic ation filed with the Corporation |
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| 194 | 202 | | Commission. |
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| 195 | 203 | | D. Prior to or at the time of the hearing on the certificate of |
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| 196 | 204 | | authority, the transmission developer shall provide: |
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| 197 | 205 | | 1. Within thirty (30) days after filing an application with the |
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| 198 | 206 | | Corporation Commission as provided for in subsection B of this |
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| 199 | 207 | | section, proof of publication that the transmission developer caused |
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| 200 | 208 | | a copy of the notice of the application to be published in a |
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| 201 | 209 | | newspaper of general circulation in the county or counties in which |
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| 202 | 210 | | all or a portion of the electric transmission facility is to be |
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| 203 | 211 | | located; |
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| 204 | 212 | | 2. Within sixty (60) days after filing an application with the |
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| 205 | 213 | | Corporation Commission as provided for in subsection B of this |
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| 206 | 214 | | section, proof of service that the transmission developer caused a |
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| 207 | 215 | | copy of the notice to be sent, by certified mail, to: |
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| 208 | 216 | | a. the board of county commissioners of every county in |
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| 209 | 217 | | which all or a portion of the electric transmission |
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| 210 | 218 | | facility is to be located, and, if all or a portion of |
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| 211 | 219 | | the electric transmission facility is to be located |
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| 240 | 249 | | b. all surface landowners, as reflected in the public |
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| 241 | 250 | | land records of the county clerk ’s office upon which |
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| 242 | 251 | | all or any part of the surface estate is located |
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| 243 | 252 | | within the electric transmission facility route or |
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| 244 | 253 | | alternative route, |
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| 245 | 254 | | c. any operator, as reflected in the records of the |
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| 246 | 255 | | Corporation Commission, who is conducting oil and g as |
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| 247 | 256 | | operations upon all or any part of the surface estate |
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| 248 | 257 | | as to which the transmission develope r intends the |
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| 249 | 258 | | construction of the electric transmission facility , |
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| 250 | 259 | | and |
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| 251 | 260 | | d. any operator, as reflected in the records of the |
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| 252 | 261 | | Corporation Commission , of an unspaced unit or a unit |
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| 253 | 262 | | created by order of the Corporation Commission , who is |
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| 254 | 263 | | conducting oil and gas op erations for the unit where |
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| 255 | 264 | | all or any part of the unit area is within the |
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| 256 | 265 | | geographical boundaries of the surface estate as to |
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| 257 | 266 | | which the transmission developer intends the |
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| 258 | 267 | | construction of the electric transmission facility . |
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| 259 | 268 | | If the transmission developer makes a search with reasonable |
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| 260 | 269 | | diligence, and the whereabouts of any party entitled to any notice |
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| 261 | 270 | | described in this subsection cannot be ascertained or such notice |
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| 290 | 300 | | 3. That a public meeting was held by the transmission developer |
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| 291 | 301 | | in the county or counties in which all or a portion of the electric |
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| 292 | 302 | | transmission facility is to be located. Notice of the public |
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| 293 | 303 | | meeting shall be publi shed in a newspaper of general circulation and |
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| 294 | 304 | | submitted to the board of county commissioners in the county or |
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| 295 | 305 | | counties in which all or a portion of the electric transmission |
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| 296 | 306 | | facility is to be located. The notice shall contain the place, |
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| 297 | 307 | | date, and time of the public meeting. Proof of publication of the |
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| 298 | 308 | | notice shall be submitted to the Corporation Commission ; |
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| 299 | 309 | | 4. An attestation that the transmission developer has |
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| 300 | 310 | | sufficient insurance coverage to cover any and all aspects of the |
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| 301 | 311 | | electric transmission facili ty from commencement of the electric |
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| 302 | 312 | | transmission facility through operation and maintenance; |
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| 303 | 313 | | 5. That impacts to the environment and public safety will be |
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| 304 | 314 | | addressed by the transmission developer ; |
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| 305 | 315 | | 6. That a safety plan is in place and will be updated for the |
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| 306 | 316 | | electric transmission facility and provided to the Corporation |
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| 307 | 317 | | Commission upon request; |
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| 308 | 318 | | 7. That the electric transmission facility is beneficial and in |
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| 309 | 319 | | the public interest; |
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| 310 | 320 | | 8. That a decommission plan is in place that identifies the |
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| 311 | 321 | | methodology used to mitigate potential impacts resulting from the |
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| 340 | 351 | | a. identification of the specific project components that |
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| 341 | 352 | | will be removed, |
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| 342 | 353 | | b. description of the decommissioning process in the |
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| 343 | 354 | | event of abandonment during construction and |
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| 344 | 355 | | abandonment during operation , |
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| 345 | 356 | | c. a description of the process used for land and road |
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| 346 | 357 | | restoration, and |
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| 347 | 358 | | d. the financial capability, including a financial surety |
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| 348 | 359 | | guarantee, the form and amount to be determined by the |
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| 349 | 360 | | Corporation Commission , which shall remain in effect |
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| 350 | 361 | | until release is authorized by the Corporation |
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| 351 | 362 | | Commission; and |
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| 352 | 363 | | 9. Any additional information required by the Corporation |
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| 353 | 364 | | Commission shall be requested f rom the transmission developer prior |
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| 354 | 365 | | to or during the hearing including , but not limited to, information |
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| 355 | 366 | | related to potential impacts to ad valorem taxes to surfa ce |
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| 356 | 367 | | landowners. |
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| 357 | 368 | | E. Approval through an order of the Corporation Commission is |
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| 358 | 369 | | required prior to the effectiveness of any transfer. |
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| 359 | 370 | | F. Within two hundred (200) days of filing the original |
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| 360 | 371 | | application or any amended application with the Corporation |
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| 361 | 372 | | Commission, if the transmission developer has met the aforementioned |
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| 390 | 402 | | completed application by the Corporation Commission shall result in |
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| 391 | 403 | | the certificate of authority being deemed granted. |
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| 392 | 404 | | G. The Corporation Commission may asse ss a filing fee for any |
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| 393 | 405 | | certificate of authority, not to exceed One Thousand Dollars |
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| 394 | 406 | | ($1,000.00). The Corporation Commission may promulgate rules to |
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| 395 | 407 | | effectuate the provisions of this section. |
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| 396 | 408 | | SECTION 3. It being immediately necessary for the preservation |
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| 397 | 409 | | of the public peace, health or safety, an emergency is hereby |
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| 398 | 410 | | declared to exist, by reason whereof this act shall take effect and |
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| 399 | 411 | | be in full force from and after its passage and approval. |
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