The Public Utilities Regulatory Authority shall have exclusive jurisdiction and direction over the method of construction or reconstruction in whole or in part of each system used for the transmission or distribution of electricity, with the kind, quality and finish of all materials, wires, poles, conductors and fixtures to be used in the construction and operation thereof, and the method of their use, including all plants and apparatus used for generating electricity located upon private property upon which there are conductors capable of transmitting electricity to other premises in such manner as to endanger any person or property. The authority may make any order necessary to the exercise of such power and direction, which order shall be in writing and entered in the records of the authority. Each person or corporation operating any such system or generating plant shall, at its expense, comply with such order. Any person violating any provision of any such order shall be subject to the penalty prescribed in section
16-41.
(1949 Rev., S. 5655; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 105, 348; P.A. 98-28, S. 101, 117; P.A. 11-80, S. 1.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 98-28 added the distribution of electricity, effective July 1, 1998; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011.
See Sec. 16-235 re control of placing, erection and maintenance of wires and other fixtures by local authorities.
Cited. 140 C. 650. Exclusive jurisdiction over direction of power line on private land is within the commission. 161 C. 430. Cited. 162 C. 89. Contains constitutionally adequate standards. 165 C. 687. Cited. 168 C. 478.
Notes of Decisions
Comm'n on Human Rights & Opportunities v. Bd. of Educ., 855 A.2d 212 (Conn. 2004).
· cites it 4× “have exclusive jurisdiction of all waters of the state"); General Statutes § 16-50x (a) ("the [Connecticut siting] council shall have exclusive jurisdiction over the location and type of facilities"); General Statutes § 16-243 ("[t]he Department of Public Utility Control shall…”
City of New Haven v. Pub. Utils. Comm'n, 345 A.2d 563 (Conn. 1974).
· cites it 7× “The material facts are as follows: On or about July 16, 1970, under the provisions of General Statutes § 16-243, 1 The United Illuminating Company, *690 hereinafter called UI, made application to the public utilities commission, hereinafter called the P.”
Hartford Elec. Light Co. v. Water Resources Comm'n, 291 A.2d 721 (Conn. 1971).
· cites it 4× “It is clear that § 16-243 confers on the P.U.C. exclusive jurisdiction over technical matters such as the quality and finish of the materials, wires, poles, conductors, fixtures and the method of their use.”
Connecticut Light & Power Co. v. Costello, 288 A.2d 415 (Conn. 1971).
· cites it 2× “The opening proviso of § 16-235 excepts from its operation the jurisdiction and direction over plants, apparatus and transmission lines conferred on the public utilities commission by § 16-243 (formerly Rev. 1949, § 5655) and the authority of the selectmen of any town over the…”
Gimbel v. Loughlin, 250 A.2d 329 (Conn. Super. Ct. 1968).
· cites it 3× “In approving the application for construction of the transmission line, the commission acted pursuant to § 16-243 of the General Statutes, which grants to it exclusive jurisdiction “over the method of construction or reconstruction” of “wires, poles, conductors and fixtures” for…”
Town of Westport v. Connecticut Siting Council, 796 A.2d 510 (Conn. 2002).
“General Statutes § 16-50x (a) provides: “Notwithstanding any otherprovision of the general statutes to the contrary, except as provided in section 16-243, the council shall have exclusive jurisdiction over the location and type of facilities and over the location and type of…”
Corcoran v. Connecticut Siting Council, 934 A.2d 870 (Conn. Super. Ct. 2006).
“However, General Statutes § 16-50x (a) provides in relevant part: “Notwithstanding any other provision of the general statutes to the contrary, except as provided in section 16-243, the council shall have exclusive jurisdiction over the location and type of facilities and over…”
FairwindCT, Inc. v. Connecticut Siting Council, 313 Conn. 669 (Conn. 2014).
“’’ 32 General Statutes § 16-50x (a) provides in relevant part: ‘‘Notwithstanding any other provision of the general statutes, except as provided in section 16-243, the council shall have exclusive jurisdiction over the location and type of facilities and over the location and…”
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