Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

TUC.2.6.030 Factors to be Considered in Evaluating Applications

The Commission shall grant a Certificate of Public Convenience and Necessity only when it determines that the construction and operation of the proposed facility is reasonably tailored to satisfying the public need for generation and/or delivery of electric power, that the public need satisfied will outweigh adverse impacts on the human environment, tribal natural resources, and public safety, and that there are no physically, economically, or legally feasible alternatives that would more effectively satisfy the public need. The Commission shall be guided by, but is not limited to, the following considerations, where applicable, to aid in its evaluation of applications for a Certificate or Recertification:

(a) Available research and investigations relating to the effects of the location, construction, and operation of the proposed Facility on public health and welfare, natural resources, and the environment.

(b) The effects of new electric energy conversion and electric transmission technologies and systems designed to minimize adverse environmental effects.

(c) The potential for beneficial uses of waste energy from a proposed Electric Energy Conversion Facility.

(d) Adverse direct and indirect environmental effects and mitigation measures.

(e) Alternatives to the proposed action.

(f) Irreversible and irretrievable commitments of natural resources.

(g) The direct and indirect economic impacts of the proposed Facility.

(h) Existing plans for other developments or conservation measures at or in the vicinity of the proposed action.

(i) The effect of the proposed action on existing scenic areas, historic and cultural sites and structures, and paleontological or archaeological sites.

(j) The effect of the proposed action on areas unique because of biological wealth or because the areas are habitats for rare and endangered species.

(k) The adequacy of the Utilities protocols and procedures in the event of a Power Emergency.

(l) Any input from other Tribal agencies and departments.