69-4-107. Certificate of public convenience and necessity for transmission lines and facilities -- rulemaking. (1) A public utility, as defined in 69-3-101, may request a certificate of public convenience and necessity from the commission prior to commencing actual construction work on an electric transmission facility that is rated higher than 69 kilovolts.

(2) If the utility requests a certificate of public convenience and necessity from the commission pursuant to subsection (1), the department may not make a determination regarding the requirements of subsections 75-20-301(1)(a), (1)(d), and (1)(f).

(3) (a) Upon receiving a request from a public utility or entity, the commission shall determine within 300 days whether the construction of the proposed transmission facility is in the public interest and may grant or deny the certificate of public convenience and necessity.

(b) In making a determination, the commission shall consider:

(i) the need for the proposed transmission facility to ensure reliable service for customers;

(ii) the ability of the proposed transmission facility to improve Montana utility customer access to reliable and cost-effective electric generation or storage facilities;

(iii) the anticipated costs and benefits of the proposed facility;

(iv) the use of advanced transmission technology; and

(v) any other factors deemed appropriate by the commission.

(4) A commission-approved certificate of public convenience and necessity may satisfy the requirements set forth in 75-20-301(1)(a), (1)(d), and (1)(f), when the department considers siting applications for proposed transmission facilities.

(5) The commission shall adopt rules for the implementation of this section.

(6) Nothing in this section alters the requirements of Title 75, chapter 20.

(7) Nothing in this section requires the public service commission to approve recovery of costs.