Idaho Statutes Title 61. Public Utility Regulation § 61-1703. Commission authority--Preemption--Rules

(a) The regional or national benefits expected to be achieved by the proposed construction or modification of transmission facilities;

(b) The proposed construction or modification will significantly reduce transmission congestion in interstate commerce and benefit electric consumers;

(c) The proposed construction or modification is consistent with sound national energy policy and will enhance energy independence;

(d) The proposed construction or modification is consistent with the public interest;

(e) The proposed route minimizes adverse impacts on the important environmental features of the state and localities to the extent reasonable and economical;

(f) The transmission utility has the financial ability and experience to undertake the construction of transmission facilities; and

(g) The proposed modification will maximize, to the extent reasonable and economical, and consistent with reliability planning, the transmission capabilities of existing towers or structures.

(a) If a local government has denied or not authorized a transmitting utility to construct transmission facilities in a designated national interest electric transmission corridor by sixty (60) days after an application for a route certificate has been filed with the commission; or

(b) If the transmitting utility claims that a local land use condition imposed by a local government is unreasonable or not economical, then the commission may preempt the local government's denial, lack of decision or conditioned decision after giving the affected local government an opportunity to appear before the commission.