Chapter 4906-11 Notification Requirements

4906-11-01 Letter of notification requirements.

(A) A letter of notification filed with the board shall contain the information described in paragraphs (B) to (E) of this rule. If the applicant requests expedited processing of the letter of notification, in addition to filing the letter with the docketing department, the applicant shall also serve a copy of the letter of notification directly with the board's executive director or the executive director's designee at or before the filing of the expedited letter of notification by hand delivery or overnight courier service.

(B) General information containing the following information:

(1) The name of the project and applicant's reference number, if any, names and reference number(s) of resulting circuits and a brief description of the project, and why the project meets the requirements for a letter of notification.

(2) If the proposed letter of notification project is an electric power transmission line or gas or natural gas transmission line, a statement explaining the need for the proposed facility.

(3) The location of the project in relation to existing or proposed lines and stations shown on the maps and overlays provided to the public utilities commission of Ohio in the applicant's most recent long-term forecast report.

(4) The alternatives considered and reasons why the proposed location or route is best suited for the proposed facility. The discussion shall include, but not be limited to impacts associated with socioeconomic, natural environment, construction, or engineering aspects of the project.

(5) The anticipated construction schedule and proposed in-service date of project.

(6) An area map of not less than 1:24,000 scale clearly depicting the facility's centerline with clearly marked streets, roads, and highways, and clearly written instructions for locating and viewing the facility.

(7) A list of properties for which the applicant has obtained easements, options, and/or land use agreements necessary to construct and operate the facility and a list of the additional properties for which such agreements have not been obtained.

(C) Technical features of the project. This description shall contain the following information:

(1) Operating characteristics, estimated number and types of structures required, and right-of-way and/or land requirements.

(2) For electric power transmission lines, the production of electric and magnetic fields during the operation of the proposed electric power transmission line. The discussion shall include:

(a) Calculated electric and magnetic field strength levels at one meter above ground under the lowest conductors and at the edge of the right-of-way for:

(i) Normal maximum loading.

(ii) Emergency line loading.

(iii) Winter normal conductor rating.

(b) A discussion of the company's consideration of design alternatives with respect to electric and magnetic fields and their strength levels, including alternate conductor configuration and phasing, tower height, corridor location, and right-of-way width.

(3) The estimated cost of the project by federal energy regulatory commission account, unless the applicant is not an electric light company, a gas company or a natural gas company as defined in Chapter 4905. of the Revised Code (in which case, the applicant shall file the capital costs classified in the accounting format ordinarily used by the applicant in its normal course of business).

(D) Socioeconomic data. Describe the social and ecological impacts of the project. This description shall contain the following information:

(1) A brief, general description of land use within the vicinity of the proposed project, including: (a) a list of municipalities, townships, and counties affected; and (b) estimates of population density adjacent to rights-of-way within the study corridor (the U.S. census information may be used to meet this requirement).

(2) The location and general description of all agricultural land (including agricultural district land) existing at least sixty days prior to submission of the letter of notification within the proposed electric power transmission line right-of-way, or within the proposed electric power transmission substation fenced-in area, or within the construction site boundary of a proposed compressor station.

(3) A description of the applicant's investigation (concerning the presence or absence of significant archeological or cultural resources that may be located within the area likely to be disturbed by the project), a statement of the findings of the investigation, and a copy of any document produced as a result of the investigation.

(4) Documentation that the chief executive officer of each municipal corporation and county, and the head of each public agency charged with planning land use in the area in which any portion of the facility is to be located have been notified of the project and have been provided a copy of the letter of notification. The applicant shall describe the company's public information program used in the siting of the proposed facility. The information submitted shall include either a copy of the material distributed to the public or a copy of the agenda and summary of the meeting(s) held by the applicant.

(5) A brief description of any current or pending litigation involving the project known to the applicant at the time of the letter of notification.

(6) A listing of the local, state, and federal governmental agencies known to have requirements that must be met in connection with the construction of the project, and a list of documents that have been or are being filed with those agencies in connection with siting and constructing the project.

(E) Environmental data. Describe the environmental impacts of the proposed project. This description shall include the following information:

(1) A description of the applicant's investigation concerning the presence or absence of federal and state designated species (including endangered species, threatened species, rare species, species proposed for listing, species under review for listing, and species of special interest) that may be located within the area likely to be disturbed by the project, a statement of the findings of the investigation, and a copy of any document produced as a result of the investigation.

(2) A description of the applicant's investigation concerning the presence or absence of areas of ecological concern (including national and state forests and parks, floodplains, wetlands, designated or proposed wilderness areas, national and state wild and scenic rivers, wildlife areas, wildlife refuges, wildlife management areas, and wildlife sanctuaries) that may be located within the areas likely to be disturbed by the project, a statement of the findings of the investigation, and a copy of any document produced as a result of the investigation.

(3) Any known additional information that will describe any unusual conditions resulting in significant environmental, social, health, or safety impacts.

Effective: 05/07/2009
R.C. 119.032 review dates: 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03 , 4906.06
Prior Effective Dates: 10/10/78, 5/7/79, 3/20/87, 6/5/93, 8/28/98, 12/15/03, 6/17/05, 1/25/09

4906-11-02 Construction notice requirements.

(A) A construction notice filed with the board shall contain the information described in paragraphs (B) and (C) of this rule. If the applicant requests expedited processing of the construction notice, in addition to filing the notice with the docketing department, the applicant shall also serve a copy of the construction notice directly with the executive director or the executive director's designee at or before the filing of the expedited construction notice by hand delivery or overnight courier service.

(B) A construction notice shall contain the following information:

(1) The name of the project.

(2) A brief description of the project, including a map depicting the facility's location and the reason why the project meets the requirements for a construction notice.

(3) If the proposed construction notice project is an electric power transmission line or gas or natural gas transmission line, a statement explaining the need for the proposed facility.

(4) The anticipated construction schedule and proposed in-service date of the project.

(5) The estimated capital costs of the project.

(6) A description of the operating characteristics, estimated number and types of structures required, and right-of-way requirements.

(7) An area map of not less than 1:24,000 scale clearly depicting the facility's centerline, with clearly marked streets, roads, and highways, and clearly written instructions for locating and viewing the facility.

(8) A list of properties for which the applicant has obtained easements, options, and/or land use agreements necessary to construct and operate the facility and a list of the additional properties for which such agreements have not been obtained.

(C) Documentation that the chief executive officer of each municipal corporation and county, and the head of each public agency charged with protecting the environment or of planning land use in the area in which any portion of the facility is to be located have been notified of the project and have been provided a copy of the construction notice.

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: 5/7/79, 10/10/78, 3/20/87, 8/28/98, 12/15/03, 6/17/05