CSC: Energy Proceedings

Energy Proceedings Guidelines

Jurisdiction for New Electric Transmission, Generating, and Substation Facility Construction

The Connecticut Siting Council (Council) jurisdiction for new electric facilities is limited to the following:

1. An electric transmission line of a design capacity of 69 kilovolts (kV) or more, including associated equipment but not including a transmission line tap as defined in General Statutes § 16-50i (e); (General Statutes § 16-50i (a) (1)) (Application Guide)

2. Any electric generating or storage facility using any fuel, including nuclear materials, including associated equipment for furnishing electricity but not including an emergency generating device, as defined in General Statutes § 16-50i (f) or a facility: (Application Guide)

  • owned and operated by a private power producer, as defined in General Statutes § 16-243b;
  • a qualifying small power production facility or a qualifying cogeneration facility under the Public Utilities Regulatory Policies Act of 1978, as amended, or a facility determined by the Council to be primarily for the producers own use; and is
  • a facility utilizing renewable energy sources generating one megawatt (MW) of electricity or less, or utilizing cogeneration technology generating 25 MW or less (General Statutes § 16-50i (a) (3)); and
3. Any electric substation or switchyard designed to change or regulate the voltage of electricity at 69 kV or more or to connect two or more electric circuits at such voltage. (General Statutes § 16-50i (a) (4)). (Application Guide)

Pre-Application Process

A. At least sixty (60) days prior to the filing of any application for a Certificate of Environmental Compatibility and Public Need (Certificate) with the Council, the applicant shall consult with the municipality in which the facility may be located concerning the proposed and alternative sites of the facility. Such consultation with the municipality shall include, but not be limited to good faith efforts to meet with the chief elected official (CEO) of the municipality. At the time of the consultation, the applicant shall provide the CEO with any technical reports concerning the public need, site selection process, and environmental effects of the proposed facility. (General Statutes § 16-50l (e))

B. The municipality may conduct public hearings and meetings as it deems necessary for it to advise the applicant of its recommendations concerning the proposed facility. Within 60 days of the initial consultation, the municipality shall issue its recommendations to the applicant. (General Statutes § 16-50l (e))

C. Municipal zoning and inland wetland agencies may regulate and restrict the location of an electric generating or substation facility. Such action must be taken within 30 days of application and any appeal from such action must be made to the Council within 30 days. (General Statutes § 16-50x (d))

Application Service and Notice

A. When an application is filed with the Council, the applicant must also provide an application to the following:

  • each municipality in which any portion of such facility, including proposed and alternative sites, may be located, including:
    • the chief executive officer;
    • the zoning commissions;
    • the planning commissions;
    • the planning and zoning commissions;
    • the conservation commissions; and
    • the inland wetland agencies;
  • the State Attorney General;
  • each member of the legislature in whose assembly or senate district the facility or any alternative location listed in the application may be located;
  • any agency, department, or instrumentality of the federal government that has jurisdiction, whether concurrent with the State or otherwise, over any matter that would be affected by such facility;
  • the Department of Environmental Protection;
  • the Department of Public Health;
  • the Council on Environmental Quality;
  • the Department of Public Utility Control;
  • the Office of Policy and Management;
  • the Department of Economic and Community Development;
  • the Department of Transportation. (General Statutes § 16-50l (b))
B. Notice of the application shall be provided to:
  • for all facilities, notice shall be provided to the public, in newspapers that will serve substantially to inform the public of such application and to afford interested persons sufficient time to prepare for and to be heard at the public hearing; and
  • for electric generating and substation facilities, additional notice shall be provided to each person appearing of record as an owner of property which abuts the proposed primary or alternative sites on which the facility would be located. (General Statutes § 16-50l (b))
  • for electric transmission facilities, notice shall be provided to each electric company customer in the municipality where an electric transmission facility is proposed on a separate enclosure with each customer’s monthly bill for one or more months, not earlier than 60 days prior to filing the application with the Council, but not later than the date the application is filed with the Council. Such notice must include the following:
A. A brief description of the project including:
  • location relative to the affected municipality, and
  • location relative to adjacent streets;
B. A brief technical description of the project including:
  • proposed length,
  • proposed voltage, and
  • type and range of heights of support structures or underground configurations;
C. The reason for the project;

D. Address and a toll-free telephone number of the applicant by which additional information about the project can be obtained; and

E. A statement in print no smaller than twenty-four point type size stating, “Notice of Proposed Construction of a High Voltage Electric Transmission Line.” (General Statutes § 16-50l (b))

Application Schedule

The Council reviews all applications for compliance with General Statutes § 16-50l. If an application meets this criteria, the Council will establish a contested case proceeding with a decision due:

1. for an electric transmission and generating facilities, within 12 months of receipt of an application, extendible by 180 days upon consent of the applicant, and

2. for an electric substation facility, within 180 days of receipt of the application, extendible by 180 days upon consent of the applicant or 12 months extendible by 180 days if such application is incorporated with an application for an electric transmission facility. (General Statutes §§ 16-50m and 16-50p)
 
 

Public Participation

A person or group interested in the Council’s proceeding may participate as a party, intervenor, or an individual from the public.

Party Status

Parties to the proceeding include the following:

  • the applicant;
  • each person entitled to receive a copy of the application or resolution under General Statutes § 16-50l if such person has filed with the Council a notice of intent to be a party;
  • any domestic or qualified non profit corporation or association formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the Council a notice of intent to be a party; and
  • such other persons as the Council may at any time deed appropriate. (General Statutes § 16-50n (a))
Parties may participate by:
  • filing pre-hearing questions to the applicant or other parties or intervenors;
  • presenting testimony at the hearing;
  • cross-examining witnesses at the hearing; and
  • filing exhibits, briefs, and proposed findings of fact. (General Statutes § 16-50o)
In addition, parties will receive service of all filings in the proceeding.

Parties are obligated to:

  • respond to pre-hearing questions filed by the Council, applicant, or other parties or intervenors;
  • submit to cross-examination from the Council, applicant, or other parties or intervenors;
  • provide the Council with an original and 20 copies of all filings; and
  • provide the applicant and all other parties and intervenors, who have not waived service, with one copy of all filings. (General Statutes § 16-50o)
All persons seeking to be named or admitted as a party are requested to file a written petition to the Council to be so designated at least five (5) days before the date of the hearing. The petition to be designated a party must state the following:
  • name and address;
  • description of the manner in which the petitioner claims to be substantially and specifically affected by the proceeding;
  • contention of the petitioner concerning the issue of the proceeding;
  • the relief sought by the petitioner and the statutory or other authority therefor; and
  • the nature of the evidence, if any, that the petitioner intends to present in the event that the petition is granted. (Regs., Conn. State Agencies § 16-50j-14 (b))
Intervenor Status

Intervenors to the proceeding include any person if the Council finds that:

  • the petitioner’s participation is in the interests of justice and will not impair the orderly conduct of the proceeding. (General Statutes § 4-177a)
Intervenors may participate by:
  • filing pre-hearing questions to the applicant or other parties or intervenors;
  • presenting testimony at the hearing;
  • cross-examining witnesses at the hearing; and
  • filing exhibits, briefs, and proposed findings of fact. (General Statutes § 16-50o)
In addition, intervenors will receive service of all filings in the proceeding.

Intervenors are obligated to:

  • respond to pre-hearing questions filed by the Council, applicant, or other parties or intervenors;
  • submit to cross-examination from the Council, applicant, or other parties or intervenors;
  • provide the Council with an original and twenty (20) copies of all filings; and
  • provide the applicant and all other parties and intervenors, who have not waived service, with one copy of all filings. (General Statutes § 16-50o)
All persons seeking to be named or admitted as an intervenor are requested to file a written petition to the Council to be so designated at least five (5) days before the date of the hearing. The petition to be designated an intervenor shall state the following:
  • name and address;
  • description of the manner in which the petitioner is affected by the proceeding; and
  • in what way and to what extent the petitioner proposes to participate in the proceeding. (Regs., Conn. State Agencies § 16-50j-15a (b))
Public Appearance

Any person who is not a party or intervenor to the proceeding may make an oral statement at the public hearing or file a written statement at any time during a proceeding within thirty (30) days after the close of the hearing. Evening hearings are reserved for members of the public to make oral statements. All statements are recorded and made into a written transcript that is part of the record. (Regs., Conn. State Agencies § 16-50j-15 and General Statutes § 16-50n (f))

Grouping of Parties and Intervenors

The Council, in its discretion, may provide for the grouping of parties and intervenors with same interests. If such a group does not designate an agent for the service of notice and documents, the Council shall designate such an agent, and notice and documents need be served only on the designated agent. Any party or intervenor who has been included in a group may, at any time by oral or written notice to the Council, elect not to be a member of the group to the extent specified in such notice. (General Statutes § 16-50n (c))

Public Site Inspection

The Council conducts one or more public field reviews of the proposed electric facility sites or routes to visually assess the site and surrounding land uses.

Public Hearing

The public hearing consists of a procedure which may include the following:

  • opening by the Chairman;
  • testimony by applicant and cross-examination by Council and parties and intervenors;
  • testimony by parties and intervenors and cross-examination by Council, applicant, parties, and intervenors;
  • public statements made during an evening session reserved for such statements; and
  • rebuttal by applicant. (General Statutes §§ 16-50m and 16-50o)
Briefs, memorandums of law, and public statements are due within thirty (30) days of the close of the hearing.

Council Deliberations

  1. Draft Findings of Fact, Opinion, and Decision and Order are considered at publicly noticed meetings. The public may attend these meetings to observe Council deliberations. After the Council issues its draft Findings of Fact, parties and intervenors may identify errors or inconsistencies between the Council’s draft Findings of Fact and the record; however, no new information, evidence, argument, or reply briefs will be considered by the Council. (General Statutes § 16-50p)
  2. Whenever the Council certifies an electric transmission, generation, or substation facility, such certification shall satisfy and be in lieu of all certifications, approvals, and other requirements of State and municipal agencies in regard to any questions of public need, convenience, and necessity for such facility. (General Statutes § 16-50x)
  3. All municipal orders to regulate and restrict electric generation and substation facilities shall be made within 30 days of any application and shall be in writing and recorded in the records of their respective communities, and written notice of any order shall be given to each party affected. Each order shall be subject to the right of appeal within 30 days after the giving of such notice by any party aggrieved to the Council. The Council shall have jurisdiction, in the course of any proceeding on an application for a Certificate or otherwise, to affirm, misdify, or revoke such municipal order or make any order in substitution thereof by a vote of six members of the Council. (General Statutes § 16-50x (d))
This overview is designed to answer general questions and provide basic information. Reference should be made to the appropriate statutes and regulations for specific regulatory language. Asserting a person’s rights and privileges is his or her responsibility. Although it is not necessary, it is a person’s prerogative to obtain legal counsel.


Content Last Modified on 2/14/2012 3:00:41 PM