Relating to a certificate of public convenience and necessity to construct an electric transmission line.

Contracts

• Interconnection Agreements: Review pending agreements with large industrial loads (data centers, manufacturing) located 3-5 miles from substations. You can now contractually commit to accelerated energization dates, as the 6-12 month CCN litigation risk is removed.
• Land Agent Agreements: Revise compensation structures for Right-of-Way (ROW) agents working on 3-5 mile segments. Shift incentives from "general acquisition" to "100% voluntary acquisition," as a single holdout forces the project back into the slow CCN process.

Hiring/Training

• Engineering & Planning: Retrain transmission planners to prioritize "consent-friendly" routes over "shortest-distance" routes for projects under 5 miles. The operational priority is now avoiding condemnation to utilize the exemption.
• Land Staff: Ensure land agents understand they cannot threaten eminent domain for projects proceeding under this specific exemption.

Reporting & Record-Keeping

• Exemption Justification Log: Maintain a strict internal compliance log citing Section 37.052(c)(1)(A) for every project between 3 and 5 miles built without a CCN.
• Consent Audit Trail: You must possess written consent from *every* directly affected landowner before construction begins. A missing consent form creates a title defect and regulatory liability.

Fees & Costs

• Legal Budget: Anticipate a reduction in outside counsel fees for regulatory litigation on mid-length lines.
• Acquisition Budget: Anticipate a potential increase in easement costs. It may be more cost-effective to pay a premium for voluntary easements than to fund a full CCN proceeding.