Chapter 4906-13 Applications for Certificates for Electric Generation Facilities

4906-13-01 [Rescinded] Project summary and general instructions.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.06
Prior Effective Dates: 12/27/76, 7/7/80, 8/28/98, 12/15/03, 1/25/09

4906-13-02 [Rescinded] Project description in detail and project schedule in detail.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.06, 4906.03
Prior Effective Dates: 12/27/76, 7/7/80, 11/4/88, 8/28/98, 12/15/03, 6/17/05

4906-13-03 [Rescinded] [Rescinded] Site alternatives analyses.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.06
Prior Effective Dates: 7/7/80, 8/28/98, 12/15/03, 1/25/09

4906-13-04 Technical data.

(A) Site. Information on the location, major features, and the topographic, geologic, and hydrologic suitability of the proposed site and any proposed alternative site(s) shall be submitted by the applicant. If this information is derived from reference materials, it shall be derived from the best available and current reference materials. The applicant shall provide the following for each site alternative.

(1) Geography and topography. The applicant shall provide a map of 1:24,000 scale containing a five-mile radius from the proposed facility and showing the following features:

(a) The proposed facility.

(b) Major population centers and geographic boundaries.

(c) Major transportation routes and utility corridors.

(d) Bodies of water which may be directly affected by the proposed facility.

(e) Topographic contours.

(f) Major institutions, parks, recreational areas.

(g) Residential, commercial and industrial buildings and installations.

(2) An aerial photograph containing a one-mile radius from the proposed facility, indicating the location of the proposed facility in relation to surface features.

(3) A map of 1:4,800 scale of the site, showing the following existing features:

(a) Topographic contours.

(b) Existing vegetative cover.

(c) Land use and classifications.

(d) Individual structures and installations.

(e) Surface bodies of water.

(f) Water and gas wells.

(g) Vegetative cover that may be removed during construction.

(4) Geology and seismology. The applicant shall provide a map of suitable scale and a corresponding cross-sectional view, showing the geological features of the proposed facility site and the location of test borings. The applicant shall also:

(a) Describe the suitability of the site geology and plans to remedy any inadequacies.

(b) Describe the suitability of soil for grading, compaction, and drainage, and describe plans to remedy any inadequacies.

(5) Hydrology and wind. The applicant shall:

(a) Provide the natural and the man-affected water budgets, including the ten-year mean and critical (lowest seven-day flow in ten years) surface flows and the mean and extreme water tables during the past ten years for each body of water likely to be directly affected by the proposed facility.

(b) Provide an analysis of the prospects of floods and high winds for the area, including the probability of occurrences and likely consequences of various flood stages and wind velocities, and describe plans to mitigate any likely adverse consequences.

(c) Provide existing maps of aquifers which may be directly affected by the proposed facility.

(B) Layout and construction. The applicant shall provide information on the proposed layout and preparation of the proposed site and any proposed alternative site(s) and the description of proposed major structures and installations located thereon.

(1) Site activities. The applicant shall describe the proposed site preparation and reclamation operations, including:

(a) Test borings.

(b) Removal of vegetation.

(c) Grading and drainage provisions.

(d) Access roads.

(e) Removal and disposal of debris.

(f) Post-construction reclamation.

(2) Layout. The applicant shall supply a map of 1:4,800 scale of the proposed electric power generating plant site, showing the following features of the proposed and existing facility and associated facilities:

(a) Electric power generating plant.

(b) Fuel, waste, and other storage facilities.

(c) Fuel and waste processing facilities, if any.

(d) Water supply and sewage lines.

(e) Transmission lines.

(f) Substations.

(g) Transportation facilities and access roads.

(h) Security facilities.

(i) Grade elevations where modified during construction.

(j) Other pertinent installations.

(3) Structures. The applicant shall describe, in as much detail as is available at the time of submission of the application, all major proposed structures, including the following:

(a) Estimated overall dimensions.

(b) Construction materials.

(c) Color and texture of facing surfaces.

(d) Artist's pictorial sketches of the proposed facility from public vantage points.

(e) Any unusual features.

(4) Plans for construction. The applicant shall describe the proposed construction sequence.

(5) Future plans. The applicant shall describe any plans for future additions of electric power generating units for the site (including the type and timing) and the maximum electric power generating capacity anticipated for the site.

(C) Equipment.

(1) Electric power generating equipment. The applicant shall describe the proposed major electric power generating equipment for the proposed site and any proposed alternative site(s).

(2) Emission control and safety equipment. The applicant shall describe:

(a) All proposed major flue gas emission control equipment, including tabulations of expected efficiency, power consumption, and operating costs for supplies and maintenance.

(b) The reliability of the equipment and the reduction in efficiency for partial failure.

(c) The equipment proposed for control of effluents discharged into bodies of water and receiving streams.

(d) All proposed major public safety equipment.

(3) The applicant shall describe any other major equipment not discussed in paragraphs (C)(2)(a) to (C)(2)(d) of this rule.

(D) Regional electric power system. The applicant shall provide the following information on interconnection of the facility to the regional electric power grid.

(1) Interconnection queue(s). The applicant shall provide the following information relating to their generation interconnection request.

(a) Name of queue.

(b) Web link of queue.

(c) Queue number.

(d) Queue date.

(2) System studies. The applicant shall provide system studies on their generation interconnection request. The studies shall include, but are not limited to, the following:

(a) Feasibility study.

(b) System impact study.

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, 7/7/80, 8/28/98, 12/15/03

4906-13-05 [Rescinded] Financial data.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.06, 4906.03
Prior Effective Dates: 11/4/88, 8/28/98, 12/15/03

4906-13-06 [Rescinded] Environmental data.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.06, 4906.03
Prior Effective Dates: 11/4/88, 8/28/98, 12/15/03

4906-13-07 Social and ecological data.

(A) Health and safety.

(1) Demographic. The applicant shall provide existing and ten-year projected population estimates for communities within five miles of the proposed site.

(2) Atmospheric emissions. The applicant shall describe in conceptual terms the probable impact to the population due to failures of air pollution control equipment.

(3) Noise. The applicant shall:

(a) Describe the construction noise levels expected at the nearest property boundary. The description shall address:

(i) Dynamiting activities.

(ii) Operation of earth moving equipment.

(iii) Driving of piles.

(iv) Erection of structures.

(v) Truck traffic.

(vi) Installation of equipment.

(b) Describe the operational noise levels expected at the nearest property boundary. The description shall address:

(i) Generating equipment.

(ii) Processing equipment.

(iii) Associated road traffic.

(c) Indicate the location of any noise-sensitive areas within one mile of the proposed facility.

(d) Describe equipment and procedures to mitigate the effects of noise emissions from the proposed facility during construction and operation.

(4) Water. The applicant shall estimate the impact to public and private water supplies due to:

(a) Construction and operation of the proposed facility.

(b) Pollution control equipment failures.

(B) Ecological impact.

(1) Site information. The applicant shall:

(a) Provide a map of 1:24,000 scale containing a one half-mile radius from the proposed facility, showing the following:

(i) The facility boundary.

(ii) Undeveloped or abandoned land such as wood lots, wetlands, or vacant fields.

(b) Provide the results of a survey of the vegetation within the site boundary and within a one-fourth mile distance from the site perimeter.

(c) Provide the results of a survey of the animal life within the site boundary and within a one-fourth mile distance from the site perimeter.

(d) Provide a summary of any studies which have been made by or for the applicant addressing the ecological impact of the proposed facility.

(e) Provide a list of major species from the surveys of biota. "Major species" are those which are of commercial or recreational value, or species designated as endangered or threatened in accordance with U.S. and Ohio threatened and endangered species lists.

(2) Construction. The applicant shall:

(a) Estimate the impact of construction on the undeveloped areas shown in response to paragraph (B)(1)(a) of this rule.

(b) Estimate the impact of construction on the major species listed under the paragraph (B)(1)(e) of this rule.

(c) Describe the mitigation procedures to be utilized to minimize both the short-term and long-term impacts due to construction.

(3) Operation. The applicant shall:

(a) Estimate the impact of operation on the undeveloped areas shown in response to paragraph (B)(1)(a) of this rule.

(b) Estimate the impact of operation on the major species listed under paragraph (B)(1)(e) of this rule.

(C) Economics, land use and community development.

(1) Land uses. The applicant shall:

(a) Provide a map of 1:24,000 scale indicating general land uses, depicted as areas on the map, within a five-mile radius of the site, including such uses as residential and urban, manufacturing and commercial, mining, recreational, transport, utilities, water and wetlands, forest and woodland, pasture and cropland.

(b) Provide the number of residential structures within one thousand feet of the boundary of the proposed facility, and identify all residential structures for which the nearest edge of the structure is within one hundred feet of the boundary of the proposed facility.

(c) Estimate the impact of the proposed facility on the above land uses within a one-mile radius.

(d) Identify structures that will be removed or relocated.

(e) Describe formally adopted plans for future use of the site and surrounding lands for anything other than the proposed facility.

(f) Describe the applicant's plans for concurrent or secondary uses of the site.

(2) Economics. The applicant shall:

(a) Estimate the annual total and present worth of construction and operation payroll.

(b) Estimate the construction and operation employment and estimate the number that will be employed from the region.

(c) Estimate the increase in county, township, and city tax revenue accruing from the facility.

(d) Estimate the economic impact of the proposed facility on local commercial and industrial activities.

(3) Public services and facilities. The applicant shall describe the probable impact of the construction and operation on public services and facilities.

(4) Impact on regional development. The applicant shall:

(a) Describe the impact of the proposed facility on regional development, including housing, commercial and industrial development, and transportation system development.

(b) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.

(D) Cultural impact.

(1) The applicant shall indicate, on the 1:24,000 map referenced in paragraph (C)(1)(a) of this rule, any registered landmarks of historic, religious, archaeological, scenic, natural or other cultural significance within five miles of the proposed site.

(2) The applicant shall estimate the impact of the proposed facility on the preservation and continued meaningfulness of these landmarks and describe plans to mitigate any adverse impact.

(3) Landmarks to be considered for purposes of paragraphs (D)(1) and (D)(2) of this rule are those districts, sites, buildings, structures and objects which are recognized by, registered with, or identified as eligible for registration by the national registry of natural landmarks, the Ohio historical society, or the Ohio department of natural resources.

(4) The applicant shall indicate, on the 1:24,000 map referenced in paragraph (C)(1)(a) of this rule, existing and formally adopted land and water recreation areas within five miles of the proposed site.

(5) The applicant shall describe the identified recreational areas within one mile of the proposed site in terms of their proximity to population centers, uniqueness, topography, vegetation, hydrology, and wildlife. Estimate the impact of the proposed facility on identified recreational areas within one mile of the proposed site and describe plans to mitigate any adverse impact.

(6) The applicant shall describe measures that will be taken to minimize any adverse visual impacts created by the facility

(E) Public responsibility. The applicant shall:

(1) Describe the applicant's program for public interaction for the siting, construction, and operation of the proposed facility, i.e., public information programs.

(2) Describe any insurance or other corporate programs for providing liability compensation for damages to the public resulting from construction or operation of the proposed facility.

(F) Agricultural district impact. The applicant shall:

(1) Identify on a map of 1:24,000 scale all agricultural land, and separately all agricultural district land existing at least sixty days prior to submission of the application located within the proposed facility site boundaries.

(2) Provide, for all agricultural land identified under paragraph (F)(1) of this rule, the following:

(a) A quantification of the acreage impacted, and an evaluation of the impact of the construction, operation, and maintenance of the proposed facility on the following agricultural practices within the proposed facility site boundaries:

(i) Field operations (i.e., plowing, planting, cultivating, spraying, harvesting, etc.).

(ii) Irrigation.

(iii) Field drainage systems.

(b) A description of any mitigation procedures to be utilized by the applicant during construction, operation, and maintenance to reduce impacts to the agricultural land.

(3) Provide, for all agricultural land identified under paragraph (F)(1) of this rule, an evaluation of the impact of the construction and maintenance of the proposed facility on the viability as agricultural land of any land so identified. The evaluation shall include impacts to cultivated lands, permanent pasture land, managed woodlots, orchards, nurseries, livestock and poultry confinement areas and agriculturally related structures. Changes in land use and changes in methods of operation made necessary by the proposed facility shall be evaluated.

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: 11/4/88, 8/28/98, 12/15/03