48:7-35 Approval of certificate of public convenience and necessity application, other circumstances, post-notice, hearing.
6. a. The Board of Public Utilities shall, after notice and hearing, approve an electric public utility’s application for a certificate of public convenience and necessity submitted pursuant to section 4 of P.L.2026, c.34 (C.48:7-33) that has not been approved pursuant to section 5 of P.L.2026, c.34 (C.48:7-34) if the board finds that: (1) the supplemental project is necessary to provide safe, adequate, and reliable service to the utility’s customers and is a reasonable and cost-effective means of satisfying those service needs; (2) the utility can efficiently manage and supervise the construction process and has taken sufficient action to ensure adequate and efficient construction and supervision of the construction; and (3) the utility can finance the proposed construction without significant adverse financial consequences for the utility or its customers . b. In determining whether the project is a reasonable and cost-effective means of meeting the requirements of paragraph (1) of subsection a. of this section, the board shall consider whether, and to what extent, the project: (1) reduces energy and capacity prices for customers in the State, including the potential to reduce future price increases or price volatility; (2) enhances the reliability and resilience of the utility’s transmission or distribution system; (3) facilitates the connection of new load or generation resources to the electric grid; (4) provides benefits to customers in the State, including, but not limited to, reduced line losses, reduced curtailment of energy generation resources, and reduced transmission congestion; and (5) is supported by the preponderance of the evidence in the utility’s justification submitted pursuant to paragraph (3) of subsection a. of section 4 of P.L.2026, c.34 (C.48:7-33) for any decision not to deploy ATTs. c. The board shall issue an order with its determination regarding an application for a certificate submitted pursuant to section 4 of P.L.2026, c.34 (C.48:7-33) and reviewed under this section no later than 180 days after the submission of a completed application. The board may extend this period by an additional period not to exceed 90 days. The board may condition its approval of a certificate under this section on changes to the utility’s application that the board deems to be in the public interest. d. The board shall confine its review of a supplemental project under this section to the enumerated criteria in subsections a. and b. of this section. Nothing in this section shall authorize the board to conduct a siting review of the project. The board shall not consider the environmental impacts of the project in the board’s determination under this section. L.2026, c.34, s.6.