40-360.02. Plans; filing; failure to comply; classification

A. Every person contemplating construction of any transmission line within the state during any ten year period shall file a ten year plan with the commission on or before January 31 of each year.

B. Every person contemplating construction of any plant within the state shall file a plan with the commission ninety days before filing an application for a certificate of environmental compatibility as provided in section 40-360.03.

C. Each plan filed pursuant to subsection A or B of this section shall set forth the following information with respect to the proposed facilities to the extent such information is available:

1. The size and proposed route of any transmission lines or location of each plant proposed to be constructed.

2. The purpose to be served by each proposed transmission line or plant.

3. The estimated date by which each transmission line or plant will be in operation.

4. The average and maximum power output measured in megawatts of each plant to be installed.

5. The expected capacity factor for each proposed plant.

6. The type of fuel to be used for each proposed plant.

7. The plans for any new facilities shall include a power flow and stability analysis report showing the effect on the current Arizona electric transmission system. Transmission owners shall provide the technical reports, analysis or basis for projects that are included for serving customer load growth in their service territories.

D. The information in the plan reported to the commission in subsection B of this section is not open to public inspection and shall not be made public if disclosure of the information in the plan could give a material advantage to competitors. The information in the plan protected as confidential under subsection B of this section is any information that is similar to the information that would be confidential under section 40-204. An officer or employee of the commission who knowingly divulges information in the plan in violation of this subsection is guilty of a class 2 misdemeanor.

E. Failure of any person to comply with the requirements of subsection A, B or C of this section may, in the commission's discretion in the absence of a showing of good cause, constitute a ground for refusing to consider an application of such person.

F. The plans shall be recognized and utilized as tentative information only and are subject to change at any time at the discretion of the person filing the plans.

G. The plans shall be reviewed biennially by the commission and the commission shall issue a written decision regarding the adequacy of the existing and planned transmission facilities in this state to meet the present and future energy needs of this state in a reliable manner.