Electric Transmission Line Guide
For
State Fish and Wildlife Agencies
Prepared by
AFWA Energy and Wildlife Committee
Wind and Transmission Subcommittee
May 2010
Contents
INTRODUCTION ......................................................................................................................... 5
HOW CAN A STATE NATURAL RESOURCE AGENCY ENGAGE IN TRANSMISSION PLANNING AND
SITING? ...................................................................................................................................... 7
Planning and Project Review..................................................................................................................... 7
Internal Wildlife Agency Considerations................................................................................................. 8
REFERENCES ............................................................................................................................. 11
APPENDIX A- TECHNICAL GUIDANCE ...................................................................................... 13
APPENDIX B – WILDLIFE RECOMMENDATIONS ....................................................................... 15
APPENDIX C – TRANSMISSION INDUSTRY OVERVIEW .............................................................. 19
APPENDIX D – APPLICATION FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY
(EXAMPLE FROM TEXAS) .......................................................................................................... 25
APPENDIX E - USEFUL LINKS ................................................................................................... 35
APPENDIX F - USEFUL ABBREVIATIONS AND ACRONYMS......................................................... 36
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Transmission Guidance for State Fish and Wildlife Agencies
Introduction
After a period of strong growth in the mid-1980s, the U.S. wind industry leveled out during the
electricity restructuring period in the 1990s and then regained momentum in 1999. Now, the U.S.
wind industry is growing rapidly, driven by incentives like sustained production tax credits (PTCs),
and state renewable portfolio standards (RPS) in roughly half the states; these RPS require states to
obtain a certain percentage of their energy from renewables by a designated year. There is now wind
generation operating in almost every state (Figure 1). In addition, rising concerns about climate
change are increasing the momentum for non-combustion renewable power (DOE 20% Wind).
Similar growth is occurring in Canada, and new wind installations are also underway in Mexico and
Central America.
The 20% Wind Scenario outlined by the Bush Administration would require U.S. wind power
capacity to grow from 11.6 GW in 2006 to more than 300 GW over the next 23 years. The best
wind resources are often far from the load and population centers where the energy will be used,
and will therefore require new transmission capacity. In other words, new wind capacity will require
expanding the U.S. transmission grid to access the best wind resource regions of the country and to
relieve current congestion on the grid (Figure 2). This means increasing capacity on existing lines,
and adding new lines to deliver wind power to electricity consumers.
Siting within one State can be a difficult challenge. Concerns about land use impacts, property
values, technical considerations, environmental impacts, jurisdiction, and the appropriate allocation
of costs and benefits can delay or derail a proposed project. On an interstate basis, these issues are
multiplied by the number of States the line traverses. Regional Transmission Organizations (RTOs)
operating in many parts of the country plan and operate the regional energy system and recommend
and implement transmission solutions that ensure a reliable supply of electricity within that region
and help coordinate transmission development across state lines. Most RTOs are working on
transmission planning at this time. However, RTOs do not operate in all areas of the country and
coordination there occurs on a state by state basis (see Appendix C).
Congress has enacted provisions in the Energy Policy Act of 2005 to give the federal government
overriding authority over transmission line siting decisions when state authorities fail to meet critical
system needs. Some proposals in pending federal transmission expansion legislation (eg: American
Clean Energy and Security Act) could provide that authority. Because wildlife issues are only one of
many issues a transmission developer must address, collaboration early in planning is important. By
engaging when potential transmission projects are being planned and developed, wildlife agencies
can influence the outcome before a siting application is filed. By the time a company has prepared a
siting application, they have identified a specific route for the line and may have invested millions of
dollars, in investigating that route. If a state can influence the company in the early stages of
development, it is more likely to have an impact on their decision making; and would help avoid
formal intervention and litigation.
Electric transmission planning and development is a complex process and can potentially have
tremendous impact on fish and wildlife resources. The Association of Fish and Wildlife Agencies
realizes the need for wildlife agencies to engage in transmission planning and has developed this
document to aid in that effort. The document attempts to provide some general guidance to state
fish and wildlife agencies on how to engage in transmission planning and review, and also provides
an overview of the processes and players behind developing transmission (see Appendices).
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Transmission Guidance for State Fish and Wildlife Agencies
Figure 1: Existing Power Capacity (source: AWEA, 12/2009)
Figure 2: Wind Power Classification including Transmission Lines (Source NREL)
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How can a State Natural Resource Agency Engage in Transmission
Planning and Siting?
PLANNING AND PROJECT REVIEW
In most jurisdictions, there will be an agency with primary responsibility for either advising the
developer, or deciding whether the project is acceptable, based on any of several standards of
review. These may be economic (most utilities commissions), engineering (Public Utilities
Commission (PUC) or siting board), environmental (Natural Resources, Environmental Quality and
general public welfare), or a combined agency that has environmental functions plus resource
management. If it is not the wildlife agency itself, then the wildlife agency will have to interact with
the review agency in ways that best integrate wildlife and habitat concerns into the decision process.
The following describes the basic steps and strategies to engage with an entity reviewing and
approving transmission development.
1) Determine which agency has regulatory authority over transmission lines, and the type of
permit or certificate to build that it issues. This is usually the PUC but may be another body,
like a siting board (eg: the California Energy Commission regulates siting but not utility rates,
a traditional PUC function). Most PUCs attempt to avoid, minimize or mitigate impacts to
wildlife. Some PUCs have a staff and data base to analyze natural resources information and
others need the expertise of the wildlife agency to assess impacts.
a. Many utility commissions or siting boards operate under a state law or code, such as
the Public Utility Regulatory Act, under the Utility Code.
2) Determine if your agency’s authority or responsibility affects the application or review
process.
a. If the regulatory authority requires a permit or certificate (Certificate of Public
Convenience and Necessity-Appendix D) it will outline the application process
required, and whether an environmental review is conducted (i.e. whether there is a
State environmental impact law).
b. If the project receives any federal funding, or requires another major action (eg: a
permit), it may be subject to a National Environmental Policy Act (NEPA) review.
c. If the wildlife agency doesn’t have a regulatory or legal nexus to participate consider
developing a formal or informal agreement to work cooperatively with the federal
agency or utility regulator on environmental analyses. These generally address
subject responsibilities, participating in agency processes and conflict resolution.
3) If none of these are possible the agency could make a decision to become involved in the
PUC’s review process. This may be done cooperatively, or as a party with a specific interest,
if the wildlife agency had found that substantial wildlife interests may be affected by the
PUC’s decision. Important objectives are to ensure that no state or federal environmental or
wildlife laws will be violated as a result of the permit issuance, and to minimize the impacts
to habitats and fish and wildlife resources in the state.
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Transmission Guidance for State Fish and Wildlife Agencies
Strategies to engage with the Regulatory Authority
1. Identify and get on the mailing list of any RTO and ISO operating within the State, as well
as in-state transmission utilities and develop relationships with their environmental and
planning staff (see Appendix C for more information on RTOs).
2. Establish regular contact with your state’s utilities regulator and establish communications
with their transmission review and environmental staff. Learn their processes, priorities and
information requirements.
3. Identify larger scale transmission planning efforts and organizations in progress in your
region, or beyond to monitor their planning and review their plan (E.g.: Upper Midwest
Transmission Development Initiative).
4. Multi-entity transmission planning groups organized under regional energy coordinating
bodies (eg: Western Electric Coordinating Council (WECC)) or equivalent, hold planning
meetings that are usually open to the public. Find out which, if any, are operating in your
region and what their scope of activities is. Determine whether they apply environmental
screening in their reviews and planning, what criteria they use to support decision, and
whether there are opportunities to advocate for environmental screening processes and
criteria in their process.
INTERNAL WILDLIFE AGENCY CONSIDERATIONS
A specific program within the wildlife agency may review development projects under NEPA, a
state equivalent, or a state regulatory process. This program may or may not be routinely reviewing
electric transmission line projects1. Therefore, initiating a review of this type of project may require
discussion with the review program and/or the agency’s legal counsel. Other wildlife agencies have
responsibility for management of fish and wildlife resources, but little authority over outside
activities. However, even with limited authority, the wildlife agency’s resource management
responsibility should qualify it to review and comment on the electric utility transmission lines,
related facilities, and their impacts on the fish and wildlife resources and their habitats.
If the wildlife agency decides to take on the review of these projects, several issues should be
considered including: 1) increased workload, 2) increased exposure of staff to scrutiny regarding the
basis for their comments, and 3) increased chance of being called as an expert witness if the
transmission lines are contested. If the agency decides to become involved, legal staff should be
ready to support any technical staff called upon as an expert witness, or if they are called before a
legislative oversight body like a wildlife and natural resources committee.
Wildlife agencies may want to develop tools to assist in reviewing and commenting, and an internal
protocol specifying how these projects and review comments are handled (Sample protocol in
Appendix A). The tools could include:
1) Standardized or project-specific recommendations (e.g., BMPs) to provide when commenting on
transmission line projects (see Appendix B for example).
For example, the Office of Energy in the Wisconsin DNR is assigned review of utility projects and liaison
with other agencies involved in the industry, including the PSC of Wisconsin and the FERC.
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2) Pre-screened development corridors where transmission lines, pipelines, etc. could be routed to
avoid sensitive species and habitats, natural areas, etc. Maps that delineate areas of concern or that
identify sensitive or important habitats could be provided to the regulatory authority, utilities, and
other developers. Maps can assist utilities in making their route selections environmentally sensitive
at the earliest possible stage of development. Ideally this consultation will assist the developers in
selecting more environmentally-sensitive projects, and expedite their process by giving an early
indication of routes or segments that may require additional reviews from other state or federal
agencies (due to listed species, their habitat, or wetlands, etc.) and should probably be avoided by the
project.
The appendices to this report provide more detail on how to focus reviews and input to utility
decision making processes to be more effective.
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References
Federal Energy Regulatory Commission. Updated: January 11, 2010. accessed January 2010.
http://www.ferc.gov/
Holland and Hart LPP. August 2009. Transmission Siting in the Western United States: Overview
and Recommendations Prepared as Information for the Western Interstate Energy Board. 75 pp.
www.nrel.gov/docs/fy08osti/41869.pdf
ISO/RTO Council (IRC). 2009. accessed January 2010. http://www.isorto.org
National Association of Regulatory Utility Commissioners. 2007. accessed January 2010.
http://www.naruc.org/
North American Electric Reliability Corporation. 2010. accessed January 2010.
http://www.nerc.com/
U.S. Department of Energy; July 2008, 20% Wind Energy by 2030.
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References
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Transmission Guidance for State Fish and Wildlife Agencies
Appendix A- Technical Guidance
__________ Wildlife Agency
Procedures for Providing Technical Guidance and Recommendations
Concerning Energy Projects on Private Lands
Purpose
This memorandum establishes the procedures to be followed by (agency name) staff when
responding to a request for technical guidance, information or recommendations concerning
proposed energy development projects on private lands, including but not limited to electric
transmission lines, pipelines, and power plants (projects).
Background
________ is the state agency with primary responsibility for protecting the state’s wildlife
resources, and has statutory authority to provide relevant information and project-specific
recommendations for the protection of wildlife resources. See (statutory authority). Information
and recommendations are currently provided to governmental bodies, such as the Public Utility
Commission (PUC) and the Department of Transportation (DOT) that approve, permit, license,
or construct projects (regulatory authority).
Private landowners affected by proposed projects also request technical guidance from this
agency, often seeking an evaluation of the impacts that proposed projects will have on their
property. Information collected by _____ while providing technical guidance to private
landowners is confidential by law and cannot be released without written landowner consent.
See (confidentiality statute). It is likely these requests from private landowners will increase as
the development of wind energy, other renewable sources, and other energy-related natural
resources in (state) continues.
The agency’s role in evaluating proposed projects is to identify the wildlife resources that may
be impacted and provide information, recommendations and comments for the protection and
management of these wildlife resources. The agency does not represent or advocate for private
landowners, or developers before governmental bodies that approve, permit, license, or construct
projects. The agency may, however, make recommendations to governmental bodies to protect
the state’s wildlife resources.
Procedures
1) ___________(responsible unit) staff shall have primary responsibility for providing
information and recommendations to governmental bodies, most commonly the PUC, or DOT,
upon request or as directed by the (responsible official (RO)).
2) The RO will have primary responsibility for providing technical guidance to landowners
regarding projects that may impact private lands. The (unit) staff shall coordinate with the
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Appendix A
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Transmission Guidance for State Fish and Wildlife Agencies
appropriate Regional Director. If the property is currently covered by a (agency) wildlife
management plan, the RO will ensure that the technical guidance recommendations related to the
project are consistent with the landowner’s goals for the property.
3) If field staff is contacted by a governmental body, private landowner, or developer regarding
a project that may impact private land, field staff shall collect contact information from the
requestor and notify the RO staff responsible for that county per the attached map or the RO
director. Private landowners should also be informed that (agency name) has a formal process
for evaluating projects that may impact private lands. (See Attachment ___) if the formal
process is in written form
4) Except as provided in this paragraph, correspondence to a governmental body regarding a
project shall only come from RO staff, the RO, or a staff attorney. Recommendations made to
the agency in connection with a water right or water quality permit matter will come from, or be
coordinated with the fisheries and water quality management programs.
5) Landowners must be informed that technical guidance cannot be provided to private
landowners unless the landowner signs an agreement with the agency, and that information
collected by the agency while providing technical guidance on private lands is confidential by
law and cannot be used to provide information or recommendations to any regulatory body
unless the landowner consents to the release of the information.
6) All site visits regarding a project shall be coordinated by the local District Leader and RO
staff. A narrative of what is observed during site visits should be provided to RO staff.
7) In response to a landowner request for technical guidance regarding a project, (agency name)
will provide a letter to the landowner with (agency name) recommendations for the protection
and management of the wildlife and habitat resources affected by the proposed project (and any
relevant guidelines or procedures). The wildlife agency may send its own letter to the reviewing
agency providing its analysis and recommendations for avoiding, minimizing or mitigating any
adverse impacts of the project.
8) Staff may not agree to serve or appear as an expert witness or otherwise testify on behalf of
any party, except for (agency name), in connection with a permit, license, or construction
project. If staff receives a subpoena to produce documents or provide testimony regarding a
project, they should contact the Legal Counsel immediately. The Legal Counsel will provide
support for the person testifying.
9) Landowners who wish to contest the location of electric transmission facilities on their
property should contact the Public Utility Commission or a private attorney.
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Appendix A
Appendix B – Wildlife Recommendations
Recommendations for Electrical Transmission/Distribution Line
Design and Construction
Construction of the line should be designed and implemented to avoid or minimize adverse
impacts to the environment and the local wildlife populations and to restore or enhance
environmental quality to the greatest extent practical. In order to minimize the possible project
effects upon wildlife, the following measures are recommended.
THE AGENCY recommends that each power utility develop an Avian Protection Plan to
minimize the risks to avian species that are protected by the Migratory Bird Treaty Act, as well
as bat species, and other species protected by the Endangered Species Act, and State
Conservation Statutes.
Avian Electrocution Risks
Birds can be electrocuted by simultaneously contacting energized and/or grounded structures,
conductors, hardware, or equipment. Electrocutions may occur because of a combination of
biological factors and electrical design. Biological factors are those that influence avian use of
poles, such as habitat, prey and species behaviors. The electrical design factor that is most
crucial to avian electrocutions is the physical separation between energized and/or grounded
structures, conductors, hardware, or equipment that can be bridges by birds to complete a circuit.
As a general rule, electrocution can occur on structures with the following:
Phase conductors separated by less than the wrist-to-wrist or head-to-foot (flesh-to-flesh)
distance of a bird;
Distance between grounded hardware (e.g. grounded wires, metal braces) and any
energized phase conductor that is less than the wrist-to-wrist or head-to-foot (flesh-toflesh) distance of a bird (Avian Power Line Interaction Committee 2006).
To protect raptors and eagles, procedures should be followed as outlined in:
Suggested Practices for Raptor Protection on Power Lines: The State of the Art in 2006.
by Avian Power Line Interaction Committee (APLIC). 2006. Distributed by the Avian
Power Line Interaction Committee (APLIC).
Mitigating Bird Collisions with Power Lines: the State of the Art in 1994.
Avian Power Line Interaction Committee (APLIC). 1994. Edison Electric Institute.
Washington D.C.
The APP Guidelines are intended to serve as a “tool box” from which a utility can select and
tailor components applicable to its specific needs. These guidelines are intended to be used in
conjunction with APLIC’s Suggested Practices for Raptor Protection on Power Lines: The State
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Appendix B
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
Transmission Guidance for State Fish and Wildlife Agencies
of the Art in 1996 and Mitigating Bird Collisions with Power Lines: The State of the Art in 1994,
or the most current editions of these documents, which contain more detail on construction
design standards and line siting recommendations.
This is a dynamic document and will be periodically updated as new information and resources
become available. Additional copies of the APP Guidelines and current information on related
issues can be downloaded. See:
http://www.eei.org/ourissues/TheEnvironment/Land/Documents/AvianProtectionPlanGuidelines.
pdf
Line alterations to prevent bird electrocutions should not necessarily be delayed until after such
events occur, as all electrocutions may not be known or documented. Rather, preventative
measures should be routinely installed along portions of the routes that are most heavily used by
birds (as indicated by frequent sightings) before any electrocutions occur. Preventative measures
include: phase covers, bushing cover, arrester covers, cutout covers, jumper wire hoses, and
covered conductors. In addition, perch discouragers (guards) may be used to deter birds from
landing on hazardous (to birds) pole locations where isolaters, covers, or other insulating
techniques cannot be used (Avian Power Line Interaction Committee 2006).
When possible, use wood or non-conducting cross arms, for distribution lines, to minimize the
possibility of electrical contact with perching birds.
When possible, for distribution lines, install electrical equipment on the bottom cross arm to
leave top cross arm free for perching.
Recommend using nest management strategies such as installing nesting platforms on or near
power structures which can provide nesting sites for protected species while minimizing the risks
of electrocution, equipment damage, or outages (Avian Power Line Interaction Committee
2006).
Avian Collision Risks
Birds typically establish flight corridors along and within river and creek drainages and other
directing features. Transmission lines that cross or are located very near these features should
have line markers or bird flight diverters installed at the crossings or closest points to the feature
to reduce the potential for collisions by birds flying along or near them.
Transmission lines should be located to avoid passing through areas with tall trees, and if no
alternative exists, they should be distinctly above or below the height of the trees to reduce
collision risks, as well as habitat fragmentation.
Transmission lines should be located to avoid separating areas regularly used by the same
species, including feeding, resting, courting and nesting areas. If this cannot be avoided, lines
should be clearly marked to minimize avian collisions with the lines (Avian Power Line
Interaction Committee 1994).
When practical, transmission lines should be buried to reduce the risks of avian collisions.
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Appendix B
Habitat Impacts
Construction activities should avoid identified wetland areas to the maximum extent possible.
Early coordination with appropriate agencies should be accomplished to ensure regulatory
compliance. Construction should occur during dry periods, or periods with the least wildlife use,
when possible.
Construction should attempt to minimize the area of habitat and numbers of flora and fauna
disturbed. Reclamation of construction sites to non-human-dominated uses should emphasize
replanting with native species appropriate to the pre-project habitat type.
Existing rights-of-way should be used to upgrade or add facilities, where possible, in order to
avoid additional clearing and prevent adverse impacts associated with habitat loss and
fragmentation of existing blocks of wooded habitat.
Forest and woody areas provide food and cover for wildlife, and these cover types should be
preserved to the maximum extent possible. Mature trees, particularly those which produce mast,
should be retained. Shrubs and trees should be trimmed rather than cleared whenever possible.
Development and implementation of wildlife management plans along rights-of-way should be
considered whenever feasible.
Transmission lines should be designed to cross streams at right angles, at points of narrowest
width, and/or at the lowest banks whenever feasible to minimize disturbance to stream corridor
habitat. Pole designs should favor single circuit (without arms), where possible, to reduce
impacts to the aesthetics of the area. Double circuits may be considered to prevent additional
clearing to install new lines. Whenever possible, corridor sharing with other linear features
should be considered.
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Appendix B
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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Appendix C – Transmission Industry Overview
The regulatory authorities for siting new electric transmission facilities vary from state to state. Some
states have a centralized siting authority that has jurisdiction over a proposed project regardless of
whether the developer is a regulated public utility, a municipality, or an independent operator.
Others have regulatory authority that is fragmented, depending on whether the proponent of a
project is subject to state regulatory commission jurisdiction. Some states require the siting authority
to consider regional needs for transmission development in connection with a proposal, while others
only require that state and local interests be considered. Some state siting authorities not only
preempt but actually make decisions for the local governments affected by a proposed project, while
other states provide the siting authority or another entity a mechanism to override unduly restrictive
local government requirements (Holland and Hart LPP 2009).
General Overview
 Interconnection Queues
– Before new electric facilities can be sited, the transmission system operator generally
must perform a system interconnection study that is a technical study to determine if
the project can be integrated into the electric system reliably and if so, what, if any,
system upgrades are required. This does not look at feasibility of siting or whether
there is a need for the project. Every ISO/RTO maintains an “Interconnection
Queue” ( www.isorto.org).
 Transmission Planning
– Every ISO/RTO has an umbrella planning process that plans for bulk system (230
kV and above) upgrades. Also entities such as the Western Electric Coordinating
Council (WECC) also have a planning function (www.wecc.biz). FERC is currently
implementing transmission planning transparency at lower levels of the system
 Transmission Siting
– Most states have centralized siting processes for generation and transmission siting.
Generally, the Utility Commission is the siting authority or the lead agency. Some
states use an energy facilities siting board that includes members from the utility
commission, DNR and other critical authorities.
– Others depend on local permitting process
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Appendix C
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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Figure 3 – Overview of Transmission Planning in the West*
UTILITY LEVEL
SUB-REGIONAL LEVEL
PROJECT LEVEL
REGIONAL (WECC)
STATE LEVEL
SITING & ROUTING
PUBLIC MEETNGS
ENVIRONMENTAL
IMPACT STATEMENT
PUBLIC LANDS
ENERGY CORRIDORS
NIETC DESIGNATIONS
INPUT & MITIGATION DESIGN
(5-10 YEARS/PROJECT)
PLANNING & DESIGN
PERMITTING &
ROW ACQUISITION
NATIONAL
CONSTRUCTION
OPERATIONS &
MAINTENANCE
DECOMISSIONING &
RECLAMATION
MONITORING &
PERMIT REVISIONS
(40+ YEARS)
STATE & COUNTY
*these timeframes may vary from state to state and region to region
Key Entities in Transmission Planning and Siting
Regional Transmission Organizations and Independent System Operators
Regional Transmission Organizations (RTOs) have been created that operate regional energy
markets in many parts of the country and recommend transmission solutions that ensure a reliable
supply of electricity within that region. They are independent, unbiased transmission operators
charged to ensure equal access to the power grid for new, non-utility competitors. Today, there are
10 Independent System Operators and Regional Transmission Organizations (ISO/RTOs) in North
America. They are the organizations that are established to control and manage the transportation
and flows of electricity over an area that is generally larger than the typical power company’s
distribution system (see Figure 4). ISOs and RTOs typically perform the same functions; usually
ISOs operate within a single State. Regional State committees have been established within a few of
these RTOs to discuss, many other issues, including interstate coordination and communication
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Appendix C
relating to transmission within a region. These include the Organization of Midwest Independent
Transmission System Operator, Inc. (Midwest ISO/MISO) States, Organization of PJM States, Inc.
(OPSI), and Southern Power Pool Regional State Committee (SPP RSC). A handful of statutes
provide explicit direction for commission interactions with an RTO. RTOs provide many electric
utility stakeholders, including utilities and their customers, a means of developing and operating
unified, coordinated power systems
The ISO/RTO Council (IRC) is an industry organization consisting of representatives of North
American ISO/RTOs. The IRC works collaboratively to develop effective processes, tools, and
standard methods for improving competitive electricity markets across North America. The IRC’s
goal is to balance reliability considerations with market practices, resulting in efficient, robust
markets that provide competitive and reliable service to electricity users.
Figure 4. RTO Map
North American Electric Reliability Corporation
The North American Electric Reliability Corporation’s (NERC) (http://www.nerc.com/) mission is
to “improve the reliability and security of the bulk power system in North America. To achieve that,
NERC develops and enforces reliability standards; monitors the bulk power system; assesses future
adequacy; audits owners, operators, and users for preparedness; and educates and trains industry
personnel. NERC is a self-regulatory organization that relies on the diverse and collective expertise
of industry participants. Compliance with NERC’s regional reliability standards is mandatory and
enforceable.
NERC works with regional affiliates. Eight Regional Reliability Councils work to advance NERC’s
goal of improving the reliability of the bulk power system. Members of these councils include
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Appendix C
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investor-owned utilities, federal power agencies, rural electric cooperatives, State, municipal and
provincial utilities, independent power producers, power marketers, and end-use customers. The
following are the names of the councils throughout the country:
Florida Reliability Coordinating Council (FRCC)
Midwest Reliability Organization (MRO)
Northeast Power Coordinating Council (NPCC)
Reliability First Corporation (RFC)
SERC Reliability Corporation (SERC)
Southwest Power Pool, RE (SPP)
Texas Regional Entity (TRE)
Western Electricity Coordinating Council (WECC)
Figure 5. North American Electric Reliability Corporation
National Association of Regulatory Utility Commissioners’
The National Association of Regulatory Utility Commissioners’ (NARUC) (http://www.naruc.org/)
affiliate groups are yet another set of organizations in the regional transmission discussion. Founded
in 1889, the National Association of Regulatory Utility Commissioners (NARUC) is a non-profit
organization dedicated to representing the State public service commissions who regulate the utilities
that provide essential services such as energy, telecommunications, water, and transportation
(NARUC Website). The 5 regulatory affiliates in the U.S. include:
• Mid-America Regulatory Conference (MARC)
• Mid-Atlantic Conference of Regulatory Utility Commissioners (MACRUC)
• New England Conference of Regulatory Utility Commissioners (NECPUC)
• Southeastern Association of Regulatory Utility Commissioners (SEARUC)
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Appendix C
• Western Conference of Public Service Commissioners (WCPSC)
Today, every State in the nation belongs to one of these affiliate groups, which meet regularly,
although without a formal interest in interstate transmission siting. None of the affiliates have any
regulatory authority to compel States to comply with their decisions.
Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission, or FERC, (www.ferc.gov) is an independent
agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also
reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas
pipelines as well as licensing hydropower projects (FERC website). Normally, FERC works
with the state utility regulators which have internal regulatory authority, and state wildlife
agencies may also participate in FERC reviews in different capacities, depending on their level
of interest in the projects.
Interstate Compacts
Interstate compacts enable States to act jointly and collectively, generally outside the confines of the
federal legislative or regulatory process while respecting the view of Congress on the appropriateness
of joint action. Unlike federal actions that impose unilateral, rigid mandates, compacts afford States
the opportunity to develop dynamic, self regulatory systems over which States can maintain control
through a coordinated legislative and administrative process. Interstate compacts enable the States to
develop adaptive structures that can evolve to meet new and increased challenges which naturally
arise over time. For example, Idaho, Montana, Oregon, and Washington entered into an interstate
compact as a means of coordinating the usage of key resources common to all four. Authorized by
the Northwest Power Act of 1980, and approved by a vote in the four State legislatures, the States
established the Northwest Power and Conservation Council. One of the Council’s responsibilities is
to maintain a regional power plan to balance the Northwest’s energy and environment needs
.
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Appendix C
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
Transmission Guidance for State Fish and Wildlife Agencies
Appendix D – Application For A Certificate of Convenience and
Necessity (Example from Texas)
DOCKET NO._____________
Submit seven (7) copies of the application and all attachments including all direct testimony
supporting the application to:
Public Utility Commission of Texas
Attn: Filing Clerk
1701 N. Congress Ave.
Austin, Texas 78711-3326
Note:
As used herein, the term “joint application” refers to an application for proposed
transmission facilities for which ownership will be divided. All applications for such
facilities should be filed jointly by the proposed owners of the facilities.
1.
Applicant (Utility) Name: For joint applications, provide all information for each
applicant.
Certificate Number:
Street Address:
Mailing Address:
2.
Please identify all entities that will hold an ownership interest or an investment
interest in the proposed project but which are not subject to the Commission’s
jurisdiction.
3.
Person to Contact: For joint applications, provide all information for each
applicant.
Title/Position:
Phone Number:
Mailing Address:
Email Address:
Alternate Contact:
Title/Position:
Phone Number:
Mailing Address:
Email Address:
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Legal Counsel:
Phone Number:
Mailing Address:
Email Address:
4.
Project
Name or Designation of Project
Description:
Provide a general description of the project, including the design voltage rating (kV), the
operating voltage (kV), the CREZ Zone(s) (if any) where the project is located (all or in
part), any substations and/or substation reactive compensation constructed as part of the
project, and any series elements such as sectionalizing switching devices, series line
compensation, etc. For HVDC transmission lines, the converter stations should be
considered to be project components and should be addressed in the project description.
If the project will be owned by more than one party, briefly explain the ownership
arrangements between the parties and provide a description of the portion(s) that will be
owned by each party. Provide a description of the responsibilities of each party for
implementing the project (design, Right-Of-Way acquisition, material procurement,
construction, etc.).
Identify and explain any deviation in transmission project components from the original
transmission specifications in ERCOT’s CREZ Transmission Optimization (CTO) Study.
5.
Conductor and Structures:
Conductor Size and Type
Number of conductors per phase
Continuous Summer Static Current Rating (A)
Continuous Summer Static Line Capacity at Operating Voltage (MVA)
Continuous Summer Static Line Capacity at Design Voltage (MVA)
Type and composition of Structures
Height of Typical Structures
Explain why these structures were selected; include such factors as landowner preference,
engineering considerations, and costs comparisons to alternate structures that were
considered. Provide dimensional drawings of the typical structures to be used in the
project.
For joint applications, provide and separately identify the above-required information
regarding structures for the portion(s) of the project owned by each applicant.
6.
Right-of-way:
Miles of Right-of-Way
Miles of Circuit
Width of Right-of-Way
Percent of Right-of-Way Acquired
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Appendix D
For joint applications, provide and separately identify the above-required information for
each proposed alternative route (including the preferred route) for the portion(s) of the
project owned by each applicant.
Provide a brief description of the area traversed by the proposed transmission line.
Include a description of the general land uses in the area and the type of terrain crossed
by the proposed line.
7.
Substations or Switching Stations:
List the name of all existing HVDC converter stations, substations or switching stations
that will be associated with the proposed new transmission line. Provide documentation
showing that the owner(s) of the existing HVDC converter stations, substations and/or
switching stations have agreed to the installation of the required project facilities.
List the name of all new HVDC converter stations, substations or switching stations that
will be associated with the proposed new transmission line. Provide documentation
showing that the owner(s) of the new HVDC converter stations, substations and/or
switching stations have agreed to the installation of the required project facilities.
8.
Estimated Schedule:
Estimated Dates of:
Start
Completion
Right-of-way and Land Acquisition
Engineering and Design
Material and Equipment Procurement
Construction of Facilities
Energize Facilities
9.
Counties:
For each proposed alternative route (including the preferred route) list all counties in
which the route is proposed to be constructed.
10.
Municipalities:
For each proposed alternative route (including the preferred route) list all municipalities
in which the route is proposed to be constructed.
For each applicant, attach a copy of the franchise, permit or other evidence of the city's
consent held by the utility. If franchise, permit, or other evidence of the city's consent
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has been previously filed, provide only the docket number of the application in which the
consent was filed. Each applicant should provide this information only for the portion(s)
of the proposed project which will be owned by the applicant.
11.
Affected Utilities:
Identify any other electric utility served by or connected to facilities proposed in this
application.
Describe how any other electric utility will be affected and the extent of the other utilities'
involvement in the construction of this project. Include any other utilities whose existing
facilities will be utilized for the project (vacant circuit positions, ROW, substation sites
and/or equipment, etc.) and provide documentation showing that the owner(s) of the
existing facilities have agreed to the installation of the required project facilities.
12.
Financing:
Describe the method of financing this project. For each applicant that is to be reimbursed
for all or a portion of this project, identify the source and amount of the reimbursement
(actual amount if known, estimated amount otherwise) and the portion(s) of the project
for which the reimbursement will be made.
13.
Estimated Costs: Provide cost estimates for the proposed project in the following table
for the preferred route and for each alternative route presented in this application.
Provide a breakdown of “Other” costs by major cost category and amount.
Transmission Substation
Facilities
Facilities
Right-of-way and Land Acquisition
Engineering and Design (Utility)
Engineering and Design (Contract)
Procurement of Material and Equipment
(including stores)
Construction of Facilities (Utility)
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Appendix D
Construction of Facilities (Contract)
Other (all costs not included in the above
categories)
Estimated Total Cost
For joint applications, provide and separately identify the above-required information for
the portion(s) of the project owned by each applicant.
14.
Need for the Proposed Project:
Provide a specific reference to the pertinent portion(s) of an appropriate commission
CREZ order specifying that the facilities are needed.
15.
Routing Study:
Provide a brief summary of the routing study that includes a description of the process of
selecting the study area, identifying routing constraints, selecting potential line segments,
and the selection of the preferred and alternate routes. Provide a copy of the complete
routing study conducted by the utility or consultant.
16.
Public Meeting or Public Open House:
Provide the date and location for each public meeting or public open house that was held
in accordance with P.U.C. PROC. R. 22.52. Provide a summary of each public meeting or
public open house including the approximate number of attendants, and a copy of any
survey provided to attendants and a summary of the responses received. For each public
meeting or public open house provide a description of the method of notice, a copy of
any notices, and the number of notices that were mailed and/or published.
17.
Routing Maps:
Base maps should be a full scale (one inch = not more than one mile ) highway map of
the county or counties involved, or other maps of comparable scale denoting sufficient
cultural and natural features to permit location of all proposed alternative routes
(including the preferred route) in the field. Provide a map (or maps) showing the study
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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area, routing constraints, and all routes or line segments that were considered prior to the
selection of the preferred and alternate routes. Identify the preferred and alternate routes
and any existing facilities to be interconnected or coordinated with the proposed project.
Identify any taps, ties, meter points, or other facilities involving other utilities on the
routing map. Show all existing transmission facilities located in the study area. Include
the locations of radio transmitters and other electronic installations, airstrips, irrigated
pasture or cropland, parks and recreational areas, historical and archeological sites, and
any environmentally sensitive areas.
Provide aerial photographs of the study area displaying the date that the photographs
were taken or maps that show (1) the location of each proposed alternative route
(including the preferred route) with each route segment identified, (2) the locations of all
major public roads including, as a minimum, all federal and state roadways, (3) the
locations of all known habitable structures or groups of habitable structures (see Question
18 below) on properties directly affected by any route, and (4) the boundaries
(approximate or estimated according to best available information if required) of all
properties directly affected by any route .
For each proposed alternative route (including the preferred route), cross-reference each
habitable structure (or group of habitable structures) and directly affected property
identified on the maps or photographs with a list of corresponding landowner names and
addresses and indicate which route segment affects each structure/group or property.
18.
Permits:
List any and all permits and/or approvals required by other governmental agencies for the
construction of the proposed project. Indicate whether each permit has been obtained.
19.
Habitable structures:
For each proposed alternative route (including the preferred route) list all single-family
and multi-family dwellings and related structures, mobile homes, apartment buildings,
commercial structures, industrial structures, business structures, churches, hospitals,
nursing homes, schools, or other structures normally inhabited by humans or intended to
be inhabited by humans on a daily or regular basis within 300 feet of the centerline if the
proposed project will be constructed for operation at 230kV or less, or within 500 feet of
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
Transmission Guidance for State Fish and Wildlife Agencies
March 11
Appendix D
the centerline if the proposed project will be constructed for operation at greater than
230kV. Provide a general description of each habitable structure and its distance from
the centerline of the alternative route. In cities, towns or rural subdivisions, houses can
be identified in groups. Provide the number of habitable structures in each group and list
the distance from the centerline of the alternative route to the closest and the farthest
habitable structure in the group. Locate all listed habitable structures or groups of
structures on the routing map.
20.
Electronic Installations:
For each proposed alternative route (including the preferred route), list all commercial
AM radio transmitters located within 10,000 feet of the center line of the alternative
route, and all FM radio transmitters, microwave relay stations, or other similar electronic
installations located within 2,000 of the center line of the alternative route. Provide a
general description of each installation and its distance from the center line of the
alternative route. Locate all listed installations on a routing map.
21.
Airstrips:
For each proposed alternative route (including the preferred route), list all known private
airstrips within 10,000 feet of the center line of the project. List all airports registered
with the Federal Aviation Administration (FAA) with at least one runway more than
3,200 feet in length that are located within 20,000 feet of the center line of any alternative
route. For each such airport, indicate whether any transmission structures will exceed a
100:1 horizontal slope (one foot in height for each 100 feet in distance) from the closest
point of the closest runway. List all listed airports registered with the FAA having no
runway more than 3,200 feet in length that are located within 10,000 feet of the center
line of any alternative route. For each such airport, indicate whether any transmission
structures will exceed a 50:1 horizontal slope from the closest point of the closest
runway. List all heliports located within 5,000 feet of the center line of any alternative
route. For each such heliport, indicate whether any transmission structures will exceed a
25:1 horizontal slope from the closest point of the closest landing and takeoff area of the
heliport. Provide a general description of each listed private airstrip, registered airport,
and heliport; and state the distance of each from the center line of each alternative route
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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(including the preferred route). Locate and identify all listed airstrips, airports, and
heliports on a routing map.
22.
Irrigation Systems:
For each proposed alternative route (including the preferred route) identify any pasture or
cropland irrigated by traveling irrigation systems (rolling or pivot type) that will be
traversed by the alternative route. Provide a description of the irrigated land and state
how it will be affected by each alternative route (number and type of structures etc.).
Locate any such irrigated pasture or cropland on a routing map.
23.
Notice:
Notice is to be provided in accordance with P.U.C. PROC. R. 22.52.
A.
Provide a copy of the written direct notice to owners of directly affected land.
Attach a list of the names and addresses of the owners of directly affected land
receiving notice.
B.
Provide a copy of the written notice to utilities that are located within five miles
of the proposed transmission line.
C.
Provide a copy of the written notice to county and municipal authorities.
D.
Provide a copy of the notice that is to be published in newspapers of general
circulation in the counties in which the proposed facilities are to be constructed.
Attach a list of the newspapers that will publish the notice for this application.
After the notice is published, provide the publisher's affidavits and tear sheets.
In addition to the requirements of P.U.C. PROC. R. §22.52 the applicant shall, not less
than twenty-one (21) days before the filing of the application, submit to the Commission
staff a “generic” copy of each type of proposed published and written notice for review.
Staff’s comments, if any, regarding the proposed notices will be provided to the applicant
not later than seven days after receipt by Staff of the proposed notices, Applicant may
take into consideration any comments made by Commission staff before the notices are
published or sent by mail.
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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Appendix D
24.
Parks and Recreation Areas:
For each proposed alternative route (including the preferred route), list all parks and
recreational areas owned by a governmental body or an organized group, club, or church
and located within 1,000 feet of the center line of the alternative route. Provide a general
description of each area and its distance from the center line. Identify the owner of the
park or recreational area (public agency, church, club, etc.). List the sources used to
identify the parks and recreational areas. Locate the listed sites on a routing map.
25.
Historical and Archeological Sites:
For each proposed alternative route (including the preferred route), list all historical and
archeological sites known to be within 1,000 feet of the center line of the alternative
route. Include a description of each site and its distance from the center line. List the
sources (national, state or local commission or societies) used to identify the sites.
Locate all historical sites on a routing map. For the protection of the sites, archeological
sites need not be shown on maps.
26.
Coastal Management Program:
For each proposed alternative route (including the preferred route), indicate whether the
alternative route is located, either in whole or in part, within the coastal management
program boundary as defined in 31 T.A.C. §503.1.
If any proposed alternative route (including the preferred route) is, either in whole or in
part, within the coastal management program boundary, indicate whether any part of the
proposed route is seaward of the Coastal Facilities Designation Line as defined in
31 T.A.C. §19.2(a)(21). Using the designations in 31 T.A.C. §501.3(b), identify the
type(s) of Coastal Natural Resource Area(s) impacted by any part of the proposed route
and/or facilities.
27.
Environmental Impact:
Provide copies of any and all environmental impact studies and/or assessments of the
proposed project. If no formal study was conducted for this project, explain how the
routing and construction of this project will impact the environment. List the sources
used to identify the existence or absence of sensitive environmental areas. Locate any
environmentally sensitive areas on a routing map. In some instances, the location of the
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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environmentally sensitive areas or the location of protected or endangered species should
not be included on maps to ensure preservation of the areas or species. Within seven
days after filing the application for the proposed project, provide a copy of each
environmental impact study and/or assessment to the Texas Parks and Wildlife
Department (TPWD) for its review at the address below. Include with this application a
copy of the letter of transmittal with which the studies/assessments were or will be sent to
the TPWD. Provide an affidavit within nine days after filing the application confirming
that the letter of transmittal and studies/assessments were sent to TPWD.
Wildlife Habitat Assessment Program
Wildlife Division
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744
AFFIDAVIT
Attach a sworn affidavit from a qualified individual authorized by the applicant to verify and
affirm that, to the best of knowledge, all information provided, statements made, and matters set
forth in this application and attachments are true and correct.
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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March 11
Appendix D
Appendix E - Useful Links
Midwest Independent System Operator (MISO):
http://www.midwestmarket.org/page/Renewable+Energy+Gateway
American Wind Energy Association (AWEA)
http://www.awea.org/policy/regulatory_policy/siting_policy.html
Joint Coordinated System Plan (JCSP)
http://www.jcspstudy.org/
Edison Electric Institute (EEI)
http://www.eei.org/ourissues/ElectricityTransmission/Documents/State_Generation_Transmissio
n_Siting_Directory.pdf
Federal Energy Regulatory Commission (FERC)
http://www.ferc.gov/industries/electric/indus-act/siting.asp
Nat’l Assoc of Regulatory Util. Commissions (NARUC)
2009 presentations on transmission issues
http://www.naruc.org/committees.cfm?c=17
Pennsylvania/Jersey/Maryland Interconnection
http://www.pjm.com/about-pjm/newsroom/renewable-dashboard.aspx
Southwest Power Pool (SPP) with links to the other RTOs’
http://www.isorto.org/site/c.jhKQIZPBImE/b.2604617/k.C42E/SPP.htm
California Renewable Energy Transmission Initiative
http://www.energy.ca.gov/reti/index.html
Electric Reliability Council of Texas (ERCOT)
http://www.ercot.com/about/index
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Appendix E
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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Appendix F - Useful Abbreviations and Acronyms
AWEA - American Wind Energy Association
NYSERDA - New York State Energy Research
and Development Authority
CEC - California Energy Commission
PNM - Public Service Company of New Mexico
CEQA - California Environmental Quality Act
DOE - U.S. Department of Energy
EEI - Edison Electric Institute
EERE - Office of Energy Efficiency and
production tax credit
PUC - Public Utility Commission
RPS - Renewable Portfolio Standards
RTO - Regional Transmission Organization
Renewable
EPRI - Electric Power Research Institute
ERCOT - Electric Reliability Council of Texas
SEPA - Southeastern Power Administration
SERC - Southeastern Electric Reliability
Council
FERC - Federal Energy Regulatory
Commission
ISO - Independent system operator
MAPP - Mid-Continent Area Power Pool
SPP - Southwest Power Pool
SWPA - Southwestern Power Administration
WECC - Western Electricity Coordinating
Council
Midwest ISO - Midwest Independent System
Operator
WGA – Western Governors’ Association
NEPA - National Environmental Policy Act
NERC - North American Electric Reliability
Corporation
NREL - National Renewable Energy Laboratory
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Energy and Wildlife Policy Committee – Wind and Transmission Subcommittee
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March 11
Appendix F