75-20-301. Decision of board -- findings necessary for certification. (1) Within 60 days after submission of the recommended decision by the hearing examiner, the board shall make complete findings, issue an opinion, and render a decision upon the record, either granting or denying the application as filed or granting it upon the terms, conditions, or modifications of the construction, operation, or maintenance of the facility that the board considers appropriate.
     (2) The board may not grant a certificate unless it finds and determines:
     (a) the basis of the need for the facility;
     (b) the nature of the probable environmental impact;
     (c) that the facility minimizes adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives;
     (d) each of the criteria listed in 75-20-503;
     (e) in the case of an electric, gas, or liquid transmission line or aqueduct:
     (i) what part, if any, of the line or aqueduct will be located underground;
     (ii) that the facility is consistent with regional plans for expansion of the appropriate grid of the utility systems serving the state and interconnected utility systems; and
     (iii) that the facility will serve the interests of utility system economy and reliability;
     (f) that the location of the facility as proposed conforms to applicable state and local laws and regulations, except that the board may refuse to apply any local law or regulation if it finds that, as applied to the proposed facility, the law or regulation is unreasonably restrictive in view of the existing technology, of factors of cost or economics, or of the needs of consumers, whether located inside or outside the directly affected government subdivisions;
     (g) that the facility will serve the public interest, convenience, and necessity;
     (h) that the department or board has issued any necessary air or water quality decision, opinion, order, certification, or permit as required by 75-20-216(3); and
     (i) that the use of public lands for location of the facility was evaluated and public lands were selected whenever their use is as economically practicable as the use of private lands and compatible with the environmental criteria listed in 75-20-503.
     (3) In determining that the facility will serve the public interest, convenience, and necessity under subsection (2)(g), the board shall consider:
     (a) the items listed in subsections (2)(a) and (2)(b);
     (b) the benefits to the applicant and the state resulting from the proposed facility;
     (c) the effects of the economic activity resulting from the proposed facility;
     (d) the effects of the proposed facility on the public health, welfare, and safety;
     (e) any other factors that it considers relevant.
     (4) Considerations of need, public need, or public convenience and necessity and demonstration thereof by the applicant apply only to utility facilities described in 75-20-104(8)(a)(i), (8)(b), (8)(c), and (8)(d).

     History: En. Sec. 10, Ch. 327, L. 1973; amd. Sec. 10, Ch. 494, L. 1975; R.C.M. 1947, 70-810(1), (3), (4); amd. Sec. 1, Ch. 69, L. 1979; amd. Sec. 15, Ch. 676, L. 1979; amd. Sec. 5, Ch. 312, L. 1987; amd. Sec. 227, Ch. 418, L. 1995; amd. Sec. 8, Ch. 583, L. 1995.