§ 69-5-202 — Incumbent Electric Utility Transmission Line Rights

69-5-202 . Incumbent electric utility transmission line rights. (1) (a) Except as provided in subsection (1)(b), an incumbent electric utility has the right to construct through a competitive bidding process, own, and maintain an electric transmission line on or after January 1, 2017:
(i) located in an area included in the midwest reliability organization;
(ii) approved for construction by a federally registered planning authority; and
(iii) planned to interconnect with an incumbent electric utility's transmission facilities.
(b) An incumbent electric utility may waive its right to construct, in accordance with subsection (3)(a), own, and maintain an electric transmission line by providing notice to the federally registered planning authority.
(2) If an incumbent electric utility intends to construct, own, and maintain an electric transmission line in accordance with subsection (1)(a), the incumbent electric utility shall provide notice to the federally registered planning authority as designated within the authority's established open-access transmission tariff timelines.
(3) (a) A competitive bidding process must be conducted by the incumbent electric utility for the construction of a new electric transmission line project that has a valuation of $8 million or more. The incumbent electric utility may participate in the bidding process as the incumbent electric utility, including affiliates, successors, and assignees.
(b) The bidding process must adhere to the incumbent electric utility's reasonable timelines, specifications, and standards for design, construction, and materials.
(c) If the incumbent electric utility awards a bid to an entity that is not the incumbent electric utility, the incumbent electric utility may perform inspections throughout the construction period to ensure adherence to its timelines, specifications, and standards.
(d) On completion of construction of an electric transmission line, the incumbent electric utility has the right to own and shall assume maintenance responsibility of the electric transmission line.
(4) If an electric transmission line constructed, owned, and maintained in accordance with subsection (1)(a) is connected between two separate incumbent electric utilities, the electric transmission line must be shared equally between the incumbent utilities, unless the incumbent utilities agree to different terms and conditions.
(5) Nothing in this section may be construed to limit, alter, or modify the authority of the commission to make findings relative to 69-3-109 and 69-3-201 as they relate to transmission facilities or to regulate utilities subject to Title 69, chapter 3.

Legislative History

En. Sec. 2, Ch. 161, L. 2017; amd. Sec. 2, Ch. 389, L. 2025.