Large facilities would need grid findings before final local permits

The State Corporation Commission assesses whether a high load facility would have a serious harmful effect on the incumbent electric utility’s ability to keep the grid reliable, stay within power generation and transmission limits, or meet its legal duties. A high load facility is a proposed facility, or a group of facilities operating together, expected to use more than 90 megawatts of electricity. The owner or operator may request an assessment in the form and manner, and with the information, the Commission requires. After receiving a complete request, the Commission must issue its findings within 120 days unless it decides more time is needed.

Local governing bodies and zoning appeals boards may not give final approval for listed land use, building, and other land disturbing permits until the applicant submits the Commission’s finding of no or minimal impact. The condition applies to a proposed facility, or group of facilities operating together, expected to use more than 90 megawatts of electricity. The finding must be issued by the Commission under the assessment section.

The owner or operator may request a later impact assessment. The option applies to a high load facility expected to use more than 90 megawatts of electricity. A material change in facts or circumstances surrounding the facility or the incumbent electric utility is required.