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North Carolina law requires anyone constructing an electric generation facility to apply for a "certificate of public convenience and necessity" from the NC Utilities Commission. In 2007 the General Assembly passed a Renewable and Efficiency Portfolio Standard (REPS) (Session Law 2007 -397), and in doing so exempted renewable energy facilities under 2 megawatts from the Certificate requirement, though they still must file a report with the Commission.9 In February, 2008, the NC Utilities Commission adopted rules implementing the REPS. These rules spell out information that is to be contained in the application for a Certificate from a renewable energy facilityeo, including business ownership information, costs, the site in relation to roads, streams and other landmarks, and a list of all federal and state licenses and permits. The application does not request any environmental information, and only minimal site layout information. Applications for Certificates for renewable energy facilities are to be sent to the State Clearinghouse in the Department of Administration for distribution to agencies having an interest, including environmental agencies and commissions, who are then given an opportunity to comment on the application. ii The new rules also require public notification in a local paper and a public hearing if any complaints are received. 12 For generating facilities of 300 MW or more, the Commission's rules do require the applicant to submit site information as well as preliminary information concerning geological, aesthetic, ecological, meteorological, seismic, water supply, population and general load center data..." and a statement of "proposed environmental evaluation program to meet the applicable air and water quality standards" 120 days prior to filing an application. 13 There is nothing in the rules, however, about whether more definitive information will be required or how this information is to be considered in the Commission's decision. 2. Certificate of Environmental Compatibilz'ty and Pub& Convenience and Necessity For electric transmission lines, North Carolina law provides for some level of environmental consideration by the Commission. The statute requires entities to obtain a "certificate of environmental compatibility and public convenience and necessity" for any new transmission line over 161 kilovolts. 14 The application for such a certificate includes site information as well as an environmental report discussing the environmental impact, mitigation measures and alternatives. 15 Furthermore the law states that the Commission shall grant the certificate if it meets several criteria regarding necessity and cost, and if "the impact the proposed transmission line will have on the environment is justified considering the state of available technology, the nature and economics of the various alternatives, and other material considerations... "16 There are two additional provisions in this section of the law that are worth noting. The requirement for a certificate can be waived if the transmission line has undergone licensing by the Federal Energy Regulatory Commission (FERC).17 FERC has jurisdiction over interstate transmission lines, so if a line were to be built to connect a wind facility in western North Carolina to Tennessee, this exception might apply. Additionally, the Commission's decision preempts local ordinances, although local governments are given an opportunity to present their case as a party to the proceeding. 3. Pub§c involvement The application for a certificate for generating facilities triggers a public notice in the local paper and, if requested, the Commission must hold a public hearing to determine whether a certificate should be issued. is There is also a process for appeal of the Commission's decision, although the appellant is required to post a bond to compensate the applicant for damages for project delays if the appeal is lost.ig The requirements for certificates for transmission lines are slightly different, but similar in spirit.20 C. North Carolina Environmental Polic,r Act North Carolina has a state level version of the National Environmental Policy Act (NEPA) — the North Appendix C 185