| 6. Commission order; certificate of public convenience. In |
its order, the commission shall make specific findings with |
regard to the need for the proposed facilities. If the |
commission finds that a need exists, it shall issue a certificate |
of public convenience and necessity for the facilities. If the |
commission orders or allows the erection of the facilities, the |
order is subject to all other provisions of law and the right of |
any other agency to approve the facilities. The electric utility |
may submit a petition for and obtain approval of a proposed |
transmission line under this section before applying for approval |
under municipal ordinances adopted pursuant to Title 30-A, Part |
2, Subpart 6-A; and Title 38, section 438-A and, except as |
provided in subsection 4, before identifying a specific route or |
route options for the proposed transmission line. Except as |
provided in subsection 4, the commission may not consider the |
petition insufficient for failure to provide identification of a |
route or route options for the proposed transmission line. The |
issuance of a certificate of public convenience and necessity |
establishes that, as of the date of issuance of the certificate, |
the decision by the utility to erect or construct was prudent. |
At the time of its issuance of a certificate of public |
convenience and necessity, the commission shall send to each |
municipality through which a proposed corridor or corridors for a |
transmission line extends a separate notice that the issuance of |
the certificate does not override, supersede or otherwise affect |
municipal authority to regulate the siting of the proposed |
transmission line. |