(3) Siting a public utility under section 619 of the “building” Municipalities Planning code (53 P.S. § 10619) (4) Other Commission decisions 4. Standards for Approval to Exercise the Power of Eminent Domain Having addressed the standard for approval of the siting and construction of the 230 kV and 138 kV transmission lines and the standard for approval of the siting of the West Pocono and North Pocono control equipment buildings, I will now address the standards for Substations’ Commission approval to exercise the power of eminent domain. PPL filed applications requesting that the Commission make a finding and determination, pursuant to 15 Pa.C.S. § 1511(c), that the service to be furnished by PPL, through its proposed exercise of eminent domain to acquire portions of the lands of various property owners for the siting and construction of the Northeast-Pocono Reliability Project, is necessary or proper for the service, accommodation, convenience or safety of the public. The statute at 15 Pa.C.S. § 1511, Section 1511 of the Business Corporation Law of 1988 (BCL), grants a public utility the power or authority to condemn property to provide electricity to the public, stating, in part: (a) General Rule. -- A public utility corporation shall have the … right to take, occupy and condemn property for one or more of the following principal purposes and ancillary purposes reasonably necessary or appropriate for the accomplishment of the principal purposes: . . . (3) The transmission distribution or furnishing of … … … electricity to or for the public. … Section 1511 of the BCL grants a public utility, such as PPL, the power and authority to take and condemn property for the purpose of providing electricity to the public. Section 1511(b) of the BCL, however, restricts the authority of a public utility to take and condemn property for the purpose of providing electricity to the public, stating, in part, as follows: The powers conferred by subsection (a) shall not be exercised:
(3) Siting a public utility “building” under section 619 of the Municipalities Planning code (53 P.S. § 10619) (4) Other Commission decisions 4. Standards for Approval to Exercise the Power of Eminent Domain Having addressed the standard for approval of the siting and construction of the 230 kV and 138 kV transmission lines and the standard for approval of the siting of the West Pocono and North Pocono Substations’ control equipment buildings, I will now address the standards for Commission approval to exercise the power of eminent domain. PPL filed applications requesting that the Commission make a finding and determination, pursuant to 15 Pa.C.S. § 1511(c), that the service to be furnished by PPL, through its proposed exercise of eminent domain to acquire portions of the lands of various property owners for the siting and construction of the Northeast-Pocono Reliability Project, is necessary or proper for the service, accommodation, convenience or safety of the public. The statute at 15 Pa.C.S. § 1511, Section 1511 of the Business Corporation Law of 1988 (BCL), grants a public utility the power or authority to condemn property to provide electricity to the public, stating, in part: (a) General Rule. -- A public utility corporation shall … have the right to take, occupy and condemn property for one or more of the following principal purposes and ancillary purposes reasonably necessary or appropriate for the accomplishment of the principal purposes: . . . (3) The … transmission … distribution or furnishing of … electricity … to or for the public. Section 1511 of the BCL grants a public utility, such as PPL, the power and authority to take and condemn property for the purpose of providing electricity to the public. Section 1511(b) of the BCL, however, restricts the authority of a public utility to take and condemn property for the purpose of providing electricity to the public, stating, in part, as follows: The powers conferred by subsection (a) shall not be exercised:
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