Chapter 4906-1 General Provisions

4906-1-01 Definitions.

As used in Chapters 4906-1 to 4906-17 of the Administrative Code:

General - applicable to both gas and electric

(A) "Accepted, complete application" means an application which the chairman or individual designated by the chairman declares in writing to be accepted and in compliance with the content requirements of section 4906.06 of the Revised Code, pursuant to section 4906.07 of the Revised Code and paragraph (C) of rule 4906-5-05 of the Administrative Code.

(B) "Administrative law judge" means the attorney examiner of the public utilities commission or other representative of the board assigned to a case by the chairman.

(C) "Agricultural district" means any agricultural district established pursuant to Chapter 929. of the Revised Code.

(D) "Applicant" means any person filing an application for approval of a major utility facility under Chapter 4906. of the Revised Code.

(E) "Application" means an application filed with the board under the requirements of Chapters 4906-11 to 4906-17 of the Administrative Code.

(F) "Board" means the Ohio power siting board, as established by division (A) of section 4906.02 of the Revised Code.

(G) "Certificate" means a certificate of environmental compatibility and public need, issued by the board.

(H) "Chairman" means the chairman of the board as established by division (A) of section 4906.02 of the Revised Code.

(I) "Commence to construct" has the meaning set forth in division (C) of section 4906.01 of the Revised Code.

(J) "Construction notice" means a document filed with the board under the requirements of rule 4906-11-02 of the Administrative Code.

(K) "Letter of notification" means a document filed with the board under the requirements of rule 4906-11-01 of the Administrative Code.

(L) "Major utility facility" means:

(1) An electric power generating plant and associated facilities designed for, or capable of operating at a net capacity of fifty megawatts or more. (Net capacity in this context means the estimated net demonstrated capability of the generating plant and associated facilities. Generally, the generated output at the switchyard busbar after reductions for generated power used and needed for plant operation is equivalent to the net demonstrated capability).

(2) An electric power transmission line and associated facilities.

(3) A gas or natural gas transmission line and associated facilities.

A major utility facility does not include electric power, gas, or natural gas distributing lines and gas or natural gas gathering lines and associated facilities, nor gas or natural gas transmission lines over which an agency of the United States has exclusive jurisdiction.

(M) "Person" means an individual, corporation, business trust, association, estate, trust, or partnership, or any officer, board, commission, department, division, or bureau of the state or a political subdivision of the state, or any other entity.

(N) "Replacement of an existing facility with a like facility" means replacing an existing major utility facility with a major utility facility of equivalent rating and operating characteristics.

(O) "Substantial addition," in the case of an electric power or gas or natural gas transmission line facility already in operation and not operating under a certificate, is any addition or modification of that facility which is listed in the "Application Requirement Matrix" contained in appendix A and appendix B to this rule. Construction necessary to restore service of a transmission line damaged by reason of natural disaster or human-caused accident does not constitute a substantial addition and therefore does not require the filing of a certificate application, letter of notification, or construction notice.

Gas - applicable to gas only

(P) "Associated facility" or "associated facilities," where used in Chapters 4906-1 to 4906-15 of the Administrative Code in conjunction with a gas or natural gas transmission line, includes rights-of-way, land, structures, mains, valves, meters, compressors, regulators, tanks and other transmission items, and equipment used for the transmission of gas or natural gas from and to a gas or natural gas transmission line.

(Q) "Gas or natural gas transmission line" is defined as a gas or natural gas transmission line which is more than nine inches in outside diameter and is designed for, or capable of, transporting gas or natural gas at pressures in excess of one hundred twenty-five pounds per square inch. A gas or natural gas transmission line does not include land, structures, or equipment used to maintain a site or facility for the storage of gas or natural gas, but may include a gas or natural gas transmission line used for purposes of transporting gas or natural gas to or from such a site or facility.

Electric - applicable to electric only

(R) "Associated facility" or "associated facilities", where used in Chapters 4906-1 to 4906-17 of the Administrative Code in conjunction with an electric power transmission line means any line, and associated facility of a design capacity of one hundred twenty-five kilovolts or more.

(1) Where poles or towers support both transmission and distribution conductors, the poles, towers, anchors, guys and rights-of-way shall be classified as transmission while the conductors, crossarms, braces, grounds, tiewires, insulators, etc., shall be classified as transmission or distribution according to the purposes for which they are used.

(2) Transmission voltage switching stations and stations which change electricity from one transmission voltage to another transmission voltage shall be classified as transmission stations. Those stations which change electricity from transmission voltage to distribution voltage shall be classified as distribution stations.

(3) Rights-of-way, land, structures, breakers, switches, transformers, and other transmission items and equipment used for the transmission of electricity at voltages of one hundred and twenty-five kilovolts or greater shall be classified as transmission related.

(S) "Electric power transmission line" is defined as an electric power line which has a design capacity of one hundred twenty-five kilovolts or more.

(T) "Substantial addition," in the case of an electric power generating plant, is any modification of a utility facility not operating under a certificate, which modification in itself constitutes a major utility facility or wind farm. In general, the following examples apply to this definition:

(1) Addition of an electric power generating unit of fifty megawatts or greater to an existing plant.

(2) Addition of a fifty megawatts or greater electric power generating unit which is designed to operate in conjunction with an existing unit to establish a combined-cycle unit.

(3) Addition of an electric power generating unit to an existing plant which is not a major utility facility, with the result that the combined capacity of the new facility is fifty megawatts or greater.

(4) Addition of a wind-powered electric generation turbine to an existing wind energy facility, with the result that the combined capacity of the new facility is five megawatts or greater.

(U) "Wind farm" means an economically significant wind-powered electric generation facility, including wind turbines and associated facilities, with a single interconnection to the electrical grid that is designed for, or capable of, operation at an aggregate capacity of five megawatts or more but less than fifty megawatts. Wind farm does not include any such wind-powered electric generation facility in operation as of June 24, 2008.

APPENDIX A

APPLICATION REQUIREMENT MATRIX

FOR ELECTRIC POWER TRANSMISSION LINES

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/4906/0/1/4906-1-01_FF_A_APP2_20090427_1205.pdf

APPENDIX B

APPLICATION REQUIREMENT MATRIX

FOR GAS TRANSMISSION LINES

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/4906/0/1/4906-1-01_FF_A_APP4_20090427_1205.pdf

Effective: 05/07/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4906.01 , 4906.06 , 4906.13 , 4906.20
Prior Effective Dates: 12/27/76, 10/10/78, 3/14/83, 3/20/87, 10/1/87, 6/10/89, 8/28/98, 12/15/03, 1/25/09

4906-1-02 Construction of rules.

This chapter shall be construed by the board to secure just, efficient, and inexpensive determination of the issues presented in matters under Chapter 4906. of the Revised Code.

Effective: 01/25/2009
R.C. 119.032 review dates: 11/10/2008 and 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03 , 4906.06
Prior Effective Dates: 12/27/76, 6/10/89

4906-1-03 Waiver of rules.

The board or the administrative law judge may, for good cause shown, as supported by a motion and supporting memorandum, waive any requirement, standard, or rule set forth in Chapters 4906-1 to 4906-17 of the Administrative Code, except where precluded by statute.

Effective: 05/07/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4906.06 , 4906.03 , 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98

4906-1-04 Computation of time.

Unless otherwise provided by law or by the board, in computing any period of time prescribed or allowed by the board, the date of the event from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it falls on a Saturday, Sunday, or legal holiday, in which case the period of time shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.

R.C. 119.032 review dates: 11/10/2008 and 09/30/2013

Promulgated Under: 111.15

Statutory Authority: 4906.03

Rule Amplifies: 4906.06, 4906.07, 4906.08, 4906.03

Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98

4906-1-05 Extensions or waiver of time limits.

For good cause shown, the board or the administrative law judge may extend or waive any time limit prescribed or allowed by Chapters 4906-1 to 4906-17 of the Administrative Code, except where precluded by statute. Any request for the extension or waiver of a time limit shall be made by motion.

Effective: 05/07/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4906.06 , 4906.03 , 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 1/25/09

4906-1-06 Filing with the board.

(A) The principal office of the board is located within the offices of the public utilities commission of Ohio. The office of the board is open from eight a.m. to five-thirty p.m. each day except Saturdays, Sundays and legal holidays.

(B) All motions, petitions, applications, documents or other papers relating to matters requiring action by the board shall be filed with the board's docketing division at the principal office of the board.

R.C. 119.032 review dates: 11/10/2008 and 09/30/2013

Promulgated Under: 111.15

Statutory Authority: 4906.03

Rule Amplifies: 4906.06, 4906.03, 4906.02

Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98

4906-1-07 Date of filing, except for applications.

All orders, decisions, findings of fact, correspondence, motions, petitions and any other documents governed by Chapters 4906-1 to 4906-17 of the Administrative Code, except applications for certificates, shall be deemed to have been filed or received on the date on which they are issued or received by the board at its principal office.

Effective: 05/07/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4906.06 , 4906.03 , 4906.20
Prior Effective Dates: 12/27/76, 6/10/89

4906-1-08 Form of document.

Except for such forms as may from time to time be provided by the board, and except as provided in rule 4906-5-03 of the Administrative Code, all motions, petitions, applications, documents, or other papers filed for the purpose of any proceeding before the board shall be printed or typewritten and reproduced on sheets of eight and one-half inches by eleven inches(except for foldouts and special exhibits). Widths of the margins shall not be less than one inch. The impression may be printed on both sides of the page, and shall have at least 1.5 spacing, except that quotations in excess of five typewritten lines shall be single-spaced and indented.

Eff 12-27-76; 6-10-89; 8-28-98; 12-15-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4906.03
Rule amplifies: RC 4906.03 , 4906.03
R.C. 119.032 review dates: 11/10/2008 and 09/30/2013

4906-1-09 Identification of communications.

(A) All communications shall contain the name, address, and telephone number of the communicator, the date of the communication, and the appropriate document reference, if any, pertaining to the subject of communication. When the subject matter pertains to a pending proceeding, the title of the proceeding and the docket number shall be included.

(B) All applications for certificates and forms shall include the name of the applicant filing such document with the board on each page of such document.

R.C. 119.032 review dates: 11/10/2008 and 09/30/2013

Promulgated Under: 111.15

Statutory Authority: 4906.03

Rule Amplifies: 4906.06, 4906.03

Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98

4906-1-10 Signatures.

(A) Every notice, motion, petition, complaint, brief, memorandum, or other paper filed for the purpose of any proceeding before the board, shall be signed by the person filing such document or by one or more attorneys in their individual names on behalf of that person.

(B) Each application for a certificate shall include a statement, signed by the chief executive officer of the company submitting such document, that the statements set forth in the document are true and correct to the best of his/her knowledge, information, and belief.

Replaces rule 4906-1-11CaseNo.86-1440-GE-BRO; Eff 12-27-76; 7-7-80; 6-10-89; 12-15-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4906.03
Rule amplifies: RC 4906.03 , 4906.06
R.C. 119.032 review dates: 11/10/2008 and 09/30/2013

4906-1-11 Number of copies.

(A) Except as may otherwise be required by Chapters 4906-1 to 4906-17 of the Administrative Code or expressly requested by the board, at the time motions, petitions, documents or other papers are filed with the board, there shall be furnished to the board an original of such papers and ten copies.

(B) When an application for a certificate is submitted to the board, there shall be furnished to the board an original of such application and twenty-five copies.

Effective: 05/07/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4906.03 , 4906.06 , 4906.07 , 4906.08 , 4906.20
Prior Effective Dates: 12/27/76, 7/7/80, 6/10/89, 12/15/03

4906-1-12 Board meetings.

(A) All meetings of the board at which official action is taken and deliberation upon official business is conducted shall be open to the public. For the purpose of this rule, the term "meeting" shall mean any prearranged discussion of the public business of the board by a majority of its members. All resolutions, rules, regulations or formal action of any kind shall be adopted in an open meeting of the board.

(B) The chairman shall cause to be made and preserve such records as are necessary for the adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the board and for the protection of the legal and financial rights of the state and persons directly affected by the board's activities under Chapter 4906. of the Revised Code.

(C) The minutes of a regular or special meeting of the board shall be promptly recorded and such records shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) of section 121.22 of the Revised Code.

(D) Following a majority vote of its members, the board may hold an executive session only at a regular or special meeting for the sole purpose of the consideration of the matters contained in division (G) of section 121.22 of the Revised Code. Such executive session may be held only at a meeting for which notice has been given in accordance with the requirements of paragraph (E) of this rule.

(E) Board meetings

(1) Any person may ascertain the time and place of each regularly scheduled meeting and the time, place and purpose of each special meeting in the following manner:

(a) Writing to the board's principal office.

(b) Calling the media office of the public utilities commission between eight a.m. and five-thirty p.m. except on Saturdays, Sundays, or legal holidays.

(c) Accessing the board's web site at www.opsb.ohio.gov.

(2) Notice of all meetings of the board shall be given to the following persons:

(a) All individuals on the board's notification of meeting distribution list shall be given notice of all regular meetings. This list shall consist of those persons who have requested notice of each board meeting.

(i) A request for placement on the notification of meeting distribution list shall be made to the board in writing.

(ii) A written record of all such requests shall be made and kept by the chairman.

(b) All news media routinely notified by the media office of the public utilities commission shall be given notice of all regular board meetings. No special meeting of the board shall be held unless the board gives twenty-four hours advance notice to the news media, except in the event of an emergency requiring immediate official action. In the event of an emergency, the board shall immediately notify the news media of the time, place and purpose of the meeting.

(3) Notice of all board meetings shall include but not be limited to the following information:

(a) Date, time and location of the meeting.

(b) Agenda for the meeting.

(c) Name of a person to be contacted for further information.

(4) When practicable, such notice shall be issued not less than seven days prior to any regular meeting of the board. Such notice shall be issued not less than twenty-four hours prior to a special meeting and immediately before a meeting in the event of an emergency.

Effective: 01/25/2009
R.C. 119.032 review dates: 11/10/2008 and 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.02 , 4906.03 , 4906.06 , 4906.10 , 4906.12 , 121.22
Prior Effective Dates: 12/27/76, 6/10/89, 12/15/03

4906-1-13 Fees.

(A) All duplication fees used to defray the cost of copying documents shall be charged by the board in accordance with applicable provisions of the Revised Code, including section 4903.23 of the Revised Code. .

(B) All application fees shall be determined pursuant to rule 4906-5-11 of the Administrative Code.

(C) All payments of application fees shall be in the form of a check payable to "Treasurer of the State of Ohio, Ohio Power Siting Board, fund 561," and shall be designated by case number.

(D) All payments of forfeitures, compromise forfeitures, and other payments made pursuant to stipulation shall be made in accordance with rule 4906-9-02 of the Administrative Code.

Effective: 06/17/2005
R.C. 119.032 review dates: 11/10/2008 and 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.06 , 4906.03 , 4906.12 , 4903.23 , 4906.97 , 4906.98
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03

4906-1-14 Site visits.

Persons proposing, owning or operating major utility facilities or wind farms should make all reasonable efforts to ensure that, upon prior notification, the board, its representatives, or staff may make visits to proposed or alternative sites or routes of a major utility facility or wind farm or a substantial addition in order to carry out board responsibilities pursuant to Chapter 4906. of the Revised Code.

Effective: 05/07/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4906.03 , 4906.13 , 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 12/15/03, 1/25/09

4906-1-15 Site visits. [Rescinded].

Rescinded eff 12-15-03