17.20.1604    LINEAR FACILITIES, PUBLIC INTEREST, CONVENIENCE AND NECESSITY STANDARD

(1) In order for the department to find that a proposed facility will serve the public interest, convenience and necessity as required by 75-20-301, MCA, the department must find and determine that the discounted net present value of benefits (less costs) is greater for the facility than for any other reasonable alternative, based on a determination of the following:

(a) the findings required by ARM 17.20.1606;

(b) the cumulative environmental impacts of the facility, as determined for ARM 17.20.1607(1)(g);

(c) the benefits to the applicant, the state of Montana, the applicant's customers, and any other entities benefitting from the facility;

(i) benefits include internal benefits and external benefits; nonmonetary benefits must be quantified to the extent reasonably possible.

(d) the effects of the economic activity resulting from the proposed facility; 

(e) the costs of the facility including internal costs of construction and operation and mitigation costs, plus other external costs and unmitigated environmental costs; nonmonetary costs must be quantified to the extent reasonably possible; and

(f) any other factors the board considers relevant.

(2) In making this finding the department shall consider the effects of the facility on the public health, welfare and safety.

History: 75-20-105, MCA; IMP, 75-20-301, MCA; NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; AMD, 2001 MAR p. 2410, Eff. 12/7/01; AMD, 2005 MAR p. 252, Eff. 2/11/05.