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