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.