(II) EXERCISE A RIGHT OF CONDEMNATION IN CONNECTION WITH
THE CONSTRUCTION IF UNLESS THE COMMISSION HAS FOUND THAT THE CAPACITY
IS NECESSARY TO ENSURE A SUFFICIENT SUPPLY OF ELECTRICITY TO CUSTOMERS
IN THE STATE; AND
(2) AN ELECTRIC COMPANY MAY NOT BEGIN CONSTRUCTION OF AN
OVERHEAD TRANSMISSION LINE THAT IS DESIGNED TO CARRY A VOLTAGE IN
EXCESS OF 60,000 VOLTS OR EXERCISE A RIGHT OF CONDEMNATION IN CONNECTION
WITH THE CONSTRUCTION.
(e) (1) On receipt of an application for a certificate of public convenience and
necessity under this section, the Commission shall provide notice to the Office of
Planning and to all other interested persons.
(2) The Office of Planning shall forward the application to each
appropriate State unit and unit of local government for review, evaluation, and
comment regarding the significance of the proposal to State, area wide, and local
plans or programs.
(d) (1) The Commission shall hold a public hearing on the application for a
certificate of public convenience and necessity in each county and municipal
corporation in which any portion of the construction of a generating station or of an
overhead transmission line designed to carry a voltage in excess of 68,000 volts is
proposed to be located.
(2) The Commission shall hold the public hearing jointly with the
governing body of the county or municipal corporation in which any portion of the
construction of the generating station or overhead transmission line is proposed to be
located, unless the governing body declines to participate in the hearing.
(3) Once in each of the 2 successive weeks immediately before the
hearing date, the Commission shall provide weekly notice of the public hearing by
advertisement in a newspaper of general circulation in the county or municipal
corporation affected by the application.
(4) (i) The Commission shall ensure presentation and
recommendations from each interested State unit, and shall allow representatives of
each State unit to sit during hearing of all parties.
(ii) The Commission shall allow each State unit 15 days after the
conclusion of the hearing to modify the State unit's initial recommendations.
(e) The Commission shall take final action on an application for a certificate
of public convenience and necessity only after due consideration of:
(1) the recommendation of the governing body of each county or
municipal corporation in which any portion of the construction of the generating
station or overhead transmission line is proposed to be located; AND
(2) [the need to meet existing and future demand for electric service; and
(3)] the effect of the generating station or overhead transmission line on:
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