{"data":{"id":"us-nj/n.j.-stat.-48-7-33","jurisdiction":"us-nj","citation":"N.J. Stat. § 48:7-33","heading":"Certificate of public convenience and necessity required prior to construction, electric public utility.","body":"4. a. Prior to constructing a supplemental project in this State, an electric public utility shall apply to the Board of Public Utilities for a certificate of public convenience and necessity.  The utility shall include in its application for a certificate to the board:\n(1)\tany information the board deems necessary to review the application;\n(2)\tan explanation of whether the supplemental project will deploy advanced transmission technologies, either in addition to or in lieu of traditional transmission investments, the cost effectiveness of the deployment of such technologies, and the benefits thereof, including a demonstration that the project will meet the applicable grid performance benchmarks established by the board pursuant to section 7 of P.L.2026, c.34 (C.48:7-36);\n(3)\tif an electric public utility decides not to deploy ATTs in the project in a material manner, as determined by the board, a justification for that decision and a third-party analysis of the cost-effectiveness of the project  as compared to the deployment of ATTs ;\n(4)\ta request for review under section 5 or 6 of P.L.2026, c.34 (C.48:7-34 or C.48:7-35); and\n(5)\tfor applications processed under section 5 or 6 of P.L.2026, c.34 (C.48:7-34 or C.48:7-35), an application fee, which fee shall be recoverable through rates, in an amount to be determined by the board to cover the cost of the board’s review.\nb.\tWithin 30 days of receiving a completed application submitted pursuant to subsection a. of this section, the board shall determine whether to review the application under section 5 or 6 of P.L.2026, c.34 (C.48:7-34 or C.48:7-35).  The board shall review an application under the provisions of section 5 of P.L.2026, c.34 (C.48:7-34) only if the utility has made a prima facie showing that the conditions set forth in paragraph (1) of subsection a. of section 5 of P.L.2026, c.34 (C.48:7-34) are satisfied.  All other applications shall be reviewed under the provisions of section 6 of P.L.2026, c.34 (C.48:7-35).\nc.\tThe board shall permit the public to participate in, and have access to, the electric public utility’s application submitted pursuant to subsection a. of this section, including work papers and project scenarios.  The board shall establish a public comment period of at least 30 days for each application.  However, nothing in this section shall prohibit an electric public utility from requesting, or the board from approving, the protection of confidential or proprietary information under applicable law to the extent necessary to ensure the security of the electric grid and the intellectual property of the utility applying for a certificate pursuant to subsection a. of this section.  The electric public utility may request any information provided pursuant to subsection a. of this section be confidential and not be made publicly available, and the request shall be subject to approval by the board.  However, the Division of Rate Counsel and the PJM Independent Market Monitor shall have access to any material deemed confidential, as approved by the board pursuant to this subsection, provided the division and the market monitor are subject to a non-disclosure agreement.\nd.\tAn electric public utility shall not apply for a certificate pursuant to this section until PJM has completed its review of the project under Attachment M-3 of the PJM Open Access Transmission Tariff.  An application under this section shall include, as an exhibit, the complete record of the PJM Attachment M-3 process.\nL.2026, c.34, s.4.","path":["TITLE 48 PUBLIC UTILITIES"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2026, c.50, and J.R.1","vintage":"","retrieved_at":"2026-10-18T02:17:40Z","sha256":"20f3b39fa91a9bf3e9b52791b49cb06b4f43ba615f9b902f729f1f682454cb55","source_id":"us-nj","stale":false,"prev":"us-nj/n.j.-stat.-48-7-32","next":"us-nj/n.j.-stat.-48-7-34"},"notice":"GroundRules: Original legal text. Not legal advice."}