(2) The commission shall give notice and hold a public hearing on such petition. The commission, in addition to considering facts presented at such hearing, shall make the commission’s own investigation to determine the necessity, safety, practicability and justification in the public interest for the proposed transmission line and shall enter an order accordingly. Except for petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line, the order shall be subject to review as in other cases. Orders on petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line are subject to judicial review in the same manner as an order in a contested case as set forth in ORS 758.017. In any proceeding for condemnation, a certified copy of such order shall be conclusive evidence that the transmission line for which the land is required is a public use and necessary for public convenience.
(3) This section shall not apply to construction of transmission lines in connection with a project for which a permit or license is otherwise obtained pursuant to state or federal law.
(4) As used in this section and ORS 758.020, "transmission company" means a person or entity that owns or operates high voltage transmission lines and is subject to the jurisdiction of the Federal Energy Regulatory Commission. "Transmission company" does not include a cooperative organized under ORS chapter 62. [1961 c.691 §19; 2001 c.913 §6; 2013 c.335 §1]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration
Section 758.010 - Authority to construct lines and facilities; requirements and conditions.
Section 758.015 - Certificate of public convenience and necessity.
Section 758.020 - Joint occupancy of poles.
Section 758.035 - Commission’s power to enforce joint use of facilities.
Section 758.125 - Duties and rights not altered by ORS 758.120.
Section 758.215 - Definitions for ORS 758.210 to 758.270.
Section 758.225 - Petition, ordinance or resolution for conversion; contents; filing.
Section 758.230 - Assessment procedure; objections to conversion.
Section 758.240 - Contract with utility for conversion.
Section 758.245 - Payment of costs for conversion; removal of overhead facilities.
Section 758.250 - Conversion of facilities on private lands; procedure; payment of costs.
Section 758.280 - Definitions for ORS 758.280 to 758.286.
Section 758.282 - Immunity of electric utility for pruning or removing vegetation in certain cases.
Section 758.286 - Immunity not applicable to liability for cost of abating fires.
Section 758.300 - Definitions for ORS 758.300 to 758.320.
Section 758.302 - Application for exclusive service territory.
Section 758.305 - Exclusive service territories.
Section 758.315 - Water utility service provided by persons not designated by commission; remedy.
Section 758.400 - Definitions for ORS 758.015 and 758.400 to 758.475.
Section 758.410 - Contracts for allocation of territories and customers; transfer of facilities.
Section 758.420 - Filing of contract; hearing on contract; notice.
Section 758.425 - Order of commission on contract.
Section 758.435 - Application for allocation of territory; hearing; notice.
Section 758.440 - Order of commission on application.
Section 758.460 - Assignment or transfer of rights acquired by allocation; approval of commission.
Section 758.470 - Application to cities, municipalities and cooperatives of ORS 758.400 to 758.475.
Section 758.480 - Assumption of obligations arising out of Trojan Nuclear Plant.
Section 758.505 - Definitions for ORS 758.505 to 758.555.
Section 758.515 - Legislative findings.
Section 758.535 - Criteria for qualifying facility; terms and conditions of energy sale.
Section 758.545 - Electric utility required to make good faith effort to transmit energy; remedy.