{"data":{"id":"us-ky/krs-278.714","jurisdiction":"us-ky","citation":"KRS 278.714","heading":"Application for certificate to construct nonregulated electric transmission","body":"line or carbon dioxide transmission pipeline -- Granting or denial -- Public\nhearing -- Local public information meeting -- Fee.\n(1) No person shall commence to const ruct a nonregulated electric transmission line or\na carbon dioxide transmission pipeline without a construction certificate issued by\nthe board. An application for a construction certificate shall be filed at the offices of\nthe Public Service Commission al ong with an application fee as set forth in\nsubsection (6) of this section. The board may hire a consultant to review the\ntransmission line or carbon dioxide pipeline and provide recommendations\nconcerning the adequacy of the application and proposed mitig ation measures. The\nboard may direct the consultant to prepare a report recommending changes in the\nroute of the carbon dioxide pipeline or the route of the electric transmission line.\nAny consultant expenses or fees shall be borne by the applicant.\n(2) A completed application shall include the following:\n(a) The name, address, and telephone number of the person proposing\nconstruction of the nonregulated electric transmission line or the carbon\ndioxide transmission pipeline;\n(b) A full description of the proposed route of the electric transmission line or the\ncarbon dioxide transmission pipeline and its appurtenances. The description\nshall include a map or maps showing:\n1. The location of the proposed line or pipeline and all proposed structures\nthat will support it;\n2. The proposed right-of-way limits;\n3. Existing property lines and the names of persons who own the property\nover which the line or pipeline will cross; and\n4. a. The distance of the proposed electric transmission line from\nresidential neighborh oods, schools, and public and private parks\nwithin one (1) mile of the proposed facilities; or\nb. The distance of the proposed carbon dioxide transmission pipeline\nfrom residential neighborhoods, schools, and parks, either private\nor public, within one thousand (1,000) feet of the proposed\nfacilities;\n(c) With respect to electric transmission lines, a full description of the proposed\nline and appurtenances, including the following:\n1. Initial and design voltages and capacities;\n2. Length of line;\n3. Terminal points; and\n4. Substation connections;\n(d) A statement that the proposed electric transmission l ine and appurtenances\nwill be constructed and maintained in accordance with accepted engineering\npractices and the National Electric Safety Code;\n(e) With respect to both electric transmission lines and carbon dioxide\ntransmission pipelines, evidence that public notice has been given by\npublication in a newspaper of general circulation in the general area\nconcerned. Public notice shall include the location of the proposed electric\ntransmission line or carbon dioxide pipeline, shall state that the proposed l ine\nor pipeline is subject to approval by the board, and shall provide the telephone\nnumber and address of the Public Service Commission; and\n(f) Proof of service of a copy of the application upon the chief executive officer\nof each county and municipal co rporation in which the proposed electric\ntransmission line or carbon dioxide transmission pipeline is to be located, and\nupon the chief officer of each public agency charged with the duty of planning\nland use in the general area in which the line or pipeli ne is proposed to be\nlocated.\n(3) With respect to electric transmission lines, within one hundred twenty (120) days of\nreceipt of the application, or one hundred eighty (180) days if a local public hearing\nis held, the board shall, by majority vote, grant or deny the construction certificate\neither in whole or in part. Action to grant the certificate shall be based on the\nboard's determination that the proposed route of the line will minimize significant\nadverse impact on the scenic assets of Kentucky and t hat the applicant will\nconstruct and maintain the line according to all applicable legal requirements. In\naddition, the board may consider the interstate benefits expected to be achieved by\nthe proposed construction or modification of electric transmission  facilities in the\nCommonwealth. If the board determines that locating the transmission line will\nresult in significant degradation of scenic factors or if the board determines that the\nconstruction and maintenance of the line will be in violation of appli cable legal\nrequirements, the board may deny the application or condition the application's\napproval upon relocation of the route of the line, or changes in design or\nconfiguration of the line.\n(4) A public hearing on an application to construct a nonregul ated electric transmission\nline may be held in accordance with the provisions of KRS 278.712.\n(5) The board shall convene a local public information meeting upon receipt of a\nrequest by not less than three (3) interested persons that reside in the county o r\ncounties in which the carbon dioxide pipeline is proposed to be constructed. If the\nboard convenes the local public information meeting, the meeting will be in the\ncounty seat of one (1) of the counties, as determined by the board, in which the\nproposed carbon dioxide pipeline will be located. The meeting shall provide an\nopportunity for members of the public to be briefed and ask the party proposing the\ncarbon dioxide pipeline questions about the pipeline.\n(6) Pursuant to KRS 278.706(4) and (6), the boar d shall promulgate administrative\nregulations to establish an application fee for a construction certificate for:\n(a) A nonregulated transmission line; and\n(b) A carbon dioxide transmission pipeline.\n(7) With respect to carbon dioxide transmission lines, w ithin one hundred twenty (120)\ndays of receipt of the application or one hundred eighty (180) days if a local public\ninformation meeting is held, the board shall, by majority vote, grant or deny the\nconstruction certificate either in whole or in part. Acti on to grant the certificate\nshall be based on the board's determination that the proposed route of the pipeline\nwill minimize significant adverse impact on the scenic assets of Kentucky and that\nthe applicant will construct and maintain the line according to all applicable legal\nrequirements. In addition, the board may consider the interstate benefits expected to\nbe achieved by the proposed carbon dioxide transmission pipeline in the\nCommonwealth. If the board determines that locating the transmission line will\nresult in significant degradation of scenic factors or if the board determines that\nlocating the carbon dioxide transmission line will be in violation of applicable legal\nrequirements, the board may deny the application or condition the application's\napproval upon relocation of the route of the pipeline.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57885","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:31Z","sha256":"6d83e0c68a96669ae9a329e5a30274d79e5916418efcbe3c85061dccfa0386f0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.712","next":"us-ky/krs-278.716"},"notice":"GroundRules: Original legal text. Not legal advice."}