W. Va. Code R. § 150-3-9

Current through Register Vol. XLI, No. 39, September 27, 2024
Section 150-3-9 - Transmission Line Construction
9.1. General.
9.1.1. Any public utility desiring to construct a high voltage transmission line of 200,000 volts or higher shall first obtain a certificate of public convenience and necessity from the Commission as is required by Chapter 24, Article 2, Section 11(a), Code of West Virginia (Chapter 112, Acts Regular Session, 1973). The application for such certificate of public convenience and necessity shall contain all information required by law.
9.2. Required information.
9.2.1. In addition to containing the information required by Rule 9.1., above, the following information shall be filed with or contained in the application:
9.2.1.a. A map or plat showing in detail the proposed location of the line, including location of incorporated communities; public or private recreational areas, parks, forests, hunting or fishing areas, or similar facilities; historic scenic areas or places; rivers, lakes, streams, reservoirs and similar bodies of water, located within five (5) miles of either side of the center line of the proposed right-of-way.
9.2.1.b. The type of line to be constructed, including the height of the line and number and type of poles or towers to be placed thereon; the number of wires to be used; the proposed voltage to be carried along said line; all safety features to be used in connection therewith.
9.2.1.c. A description of the width of the proposed right-of-way; the degree of slope in excess of twenty (20) degrees; the type of method proposed to be used to clear said right-of-way together with a statement of what, if any, disturbance or displacement will be made of the earth along said right-of-way, and of trees, crops, and other growing things thereon, as well as the disposition to be made of any such material or thing so disturbed or removed, and what will be done to upgrade, seed or otherwise restore the area which may be disturbed or displaced, to control erosion and also siltation of streams.
9.2.1.d. A statement of the method to be used to keep said right-of-way clean and free of brush and trees, and if chemical spray or other chemical means are used for such control, the chemical contents thereof, evidence that the same will not be injurious to animals, humans, or vegetation beyond said right-of-way.
9.2.1.e. A statement showing, insofar as is possible and applicable, the habitat and type of wildlife, both land and aquatic, which may be in the right-of-way or adjoining thereto, and any known effect said line may have upon the same, including feeding and breeding habits.
9.2.1.f. A statement showing what, if any, known effect upon human and domestic animal life located along said right-of-way will result from the construction thereof.
9.2.1.g. A statement as to whether alternate routes for said right-of-way have been investigated, if the applicant has made preliminary or detailed investigations of all alternate locations for said high voltage transmission line, the applicant shall file sufficient information with regard to these alternate investigations. The information filed should clearly show the justifications for selecting the proposed route over the alternate routes studied.
9.2.1.h. A statement of any other pertinent facts showing what, if any environmental impact said proposed line will have upon the area on and adjacent to said proposed line.

W. Va. Code R. § 150-3-9