Reversing its earlier decision on the matter, the Utah Public Service Commission has concluded that a wind power project (“Milford Wind”) must obtain a certificate of convenience and necessity (“CPCN”) for a 90-mile transmission line that it proposes to build in connection with its wind farm to be built in southwest Utah. Order on Petition for Rehearing, Docket No. 08-2490-01. The Commission stuck with its decision that the power production facilities associated with the independent power project are exempt from its jurisdiction pursuant to legislation adopted earlier this year, but concluded that the exemption does not apply to the transmission facilities. The project is under contract with the Southern California Public Power Authority (“SCPPA”) for the sale of energy from the first phase of the project.
It’ll be interesting to see if there’s a move in next year’s legislative session to extend the jurisdictional exemption to the transmission facilities of independent energy producers.
22 July 2008
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