Chapter 4906-13 Applications for Certificates for Electric Generation Facilities

4906-13-01 Project summary and general instructions.

(A) An applicant for a certificate to site an electric power generating facility shall provide a project summary and overview of the proposed project. In general, the summary should be suitable as a reference for state and local governments and for the public. The summary and overview shall include the following:

(1) A statement explaining the general purpose of the facility.

(2) A description of the proposed facility.

(3) A description of the site selection process, including descriptions of the major alternatives considered.

(4) A discussion of the principal environmental and socioeconomic considerations of the preferred and alternate sites.

(5) An explanation of the project schedule (a bar chart is acceptable).

(B) Information filed by the applicant in response to the requirements of this section shall not be deemed responses to any other section of the application requirements.

(C) If the applicant has prepared the required hard copy maps using digital, geographically referenced data, an electronic copy of all such data, excluding data obtained by the applicant under a licensing agreement which prohibits distribution, shall be provided to the board staff on computer disk concurrent with submission of the application.

(D) If an applicant for a generation facility asserts that a particular requirement in this chapter is not applicable to the proposed facility, the applicant must provide an explanation why the requirement is not applicable. Further, an applicant for a generation facility which is not powered by coal, gas, natural gas, or wind shall provide in its application all relevant technological, financial, environmental, social, and ecological information that is generally known in the industry to be of potential concern for the particular type of facility proposed.

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

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

(A) An applicant for a certificate to site an electric power generating facility under this chapter shall provide a detailed description of the proposed generation and associated facility.

(1) The applicant shall submit for each alternative:

(a) Type, number of units, and estimated net demonstrated capability, heat rate, annual capacity factor and hours of annual generation.

(b) Land area requirement.

(c) Fuel quantity and quality (i.e., ash, sulfur, and British thermal unit value).

(d) A list of types of pollutant emissions.

(e) Water requirement, source of water, treatment, quantity of any discharge and names of receiving streams.

(2) The applicant shall submit a description of the major equipment.

(3) The applicant shall submit a brief description of the need for new transmission line(s) associated with the proposed facility.

(B) Detailed project schedule.

(1) Schedule. The applicant shall provide a proposed schedule in bar chart format covering all applicable major activities and milestones, including:

(a) Acquisition of land and land rights.

(b) Preparation of the application.

(c) Submittal of the application for certificate.

(d) Issuance of the certificate.

(e) Preparation of the final design.

(f) Construction of the facility.

(g) Placement of the facility in service.

(2) Delays. The applicant shall describe the impact of critical delays on the eventual in-service date.

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
Prior Effective Dates: 12/27/76, 7/7/80, 11/4/88, 8/28/98, 12/15/03

4906-13-03 Site alternatives analyses.

(A) The applicant shall conduct a site selection study prior to submitting an application for an electric power generating facility. The study shall be designed to evaluate all practicable sites for the proposed facility area.

(1) The applicant shall provide the following:

(a) A description of the study area or geographic boundaries selected, including the rationale for the selection.

(b) A map of suitable scale which includes the study area and which depicts the general sites which were evaluated.

(c) A comprehensive list and description of all qualitative and quantitative siting criteria, factors, or constraints utilized by the applicant, including any evaluation criteria or weighting values assigned to each.

(d) A description of the process by which the applicant utilized the siting criteria to determine the proposed site and any proposed alternative site(s).

(e) A description of the sites selected for evaluation, their final ranking, and the factors and rationale used by the applicant for selecting the proposed site and any proposed alternative site(s).

(2) The applicant shall provide one copy of any constraint map utilized for the study directly to the board staff for review.

(B) The applicant shall provide a summary table comparing the sites, utilizing the technical, financial, environmental, socioeconomic, and other factors identified in the study. Design and equipment alternatives shall be included where the use of such alternatives influenced the siting decision.

(C) The applicant may provide a copy of any site selection study produced by or for the applicant for the proposed project as an attachment to the application. The study may be submitted in response to paragraphs (A) and (B) of this rule, provided that the information contained therein is responsive to the requirements of paragraphs (A) and (B) of this rule.

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

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 Financial data.

(A) The applicant shall state the current and proposed ownership status of the proposed facility, including site(s), rights-of-way, structures, and equipment. Such information shall include type of ownership.

(B) Capital and intangible costs. The applicant shall:

(1) Submit estimates of applicable capital and intangible costs for the various alternatives. The data submitted shall be classified according to federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for utility companies, 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 and intangible costs classified in the accounting format ordinarily used by the applicant in its normal course of business).

(2) Compare the total costs per kilowatt with the applicant's similar facilities, and explain any substantial differences.

(3) Tabulate the present worth and annualized cost for capital costs and any additional cost details as required to compare capital cost of alternates (using the start of construction date as reference date), and describe techniques and all factors used in calculating present worth and annualized costs.

(C) Operation and maintenance expenses. The applicant shall:

(1) Supply applicable estimated annual operation and maintenance expenses for the first two years of commercial operation. The data submitted shall be classified according to federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for utility companies, 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 operation and maintenance expenses classified in the accounting format ordinarily used by the applicant in its normal course of business).

(2) Compare the total operation and maintenance cost per kilowatt with applicant's similar facilities and explain any substantial differences.

(3) Tabulate the present worth and annualized expenditures for operating and maintenance costs as well as any additional cost breakdowns as required to compare alternatives, and describe techniques and factors used in calculating present worth and annualized costs.

(D) Delays. The applicant shall submit an estimate of the cost for a delay prorated to a monthly basis beyond the projected in-service date.

Replaces: part of 4906-13-03 and 4906-13-08; Eff 11-4-88; 8-28-98; 12-15-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4906.03
Rule amplifies: RC 4906.06 , 4906.03
R.C. 119.032 review dates: 11/10/2008 and 09/30/2013

4906-13-06 Environmental data.

(A) General. The information requested in this rule shall be used to assess the environmental effects of the proposed facility. Where appropriate, the applicant may substitute all or portions of documents filed to meet federal, state, or local regulations. Existing data may be substituted for physical measurements.

(B) Air.

(1) Preconstruction. The applicant shall:

(a) Submit available information concerning the ambient air quality of the proposed site and any proposed alternative site(s).

(b) Describe the air pollution control equipment for the proposed facility. Stack gas parameters including temperature, sulfur dioxide, nitrogen oxides, volatile organic compounds, particulates, and other pollutants shall be described for each proposed fuel. These parameters shall be included for each electric power generating unit proposed for the facility.

(c) Describe applicable federal and/or Ohio new source performance standards (NSPS), applicable air quality limitations, applicable national ambient air quality standards (NAAOS), and applicable prevention of significant deterioration (PSD) increments.

(d) Provide a list of all required permits to install and operate air pollution sources. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, the applicant shall provide a list of all special conditions or concerns attached to the permit(s).

(e) Provide a map of 1:100,000 scale containing:

(i) The location and elevation (ground and sea level) of Ohio environmental protection agency primary and secondary air monitoring stations or mobile vans which supplied data used by the applicant in assessing air pollution potential.

(ii) The location of major present and anticipated air pollution point sources.

(f) Describe how the proposed facility will achieve compliance with the requirements identified in paragraphs (B)(1)(c) and (B)(1)(d) of this rule.

(2) Construction. The applicant shall describe plans to control emissions during the site clearing and construction phase.

(3) Operation. The applicant shall:

(a) Describe ambient air quality monitoring plans for the following, if applicable:

(i) Sulfur oxides.

(ii) Nitric oxides.

(iii) Volatile organic compounds.

(iv) Particulates.

(v) Carbon monoxide.

(vi) Other pollutants.

(b) On a map of 1:24,000 scale, show three isopleths of estimated concentrations of each of the five principle air pollutants listed in paragraph (B)(3)(a) of this rule, that would be in excess of the U.S. environmental protection agency-defined "significant emission rates" when the facility is operating at its maximum rated output. The intervals between the isopleths shall depict the concentrations within a five-mile radius of the proposed facility. A screening analysis may be used to estimate the concentrations.

(c) Describe procedures to be followed in the event of failure of air pollution control equipment, including consideration of the probability of occurrence, expected duration and resultant emissions.

(C) Water.

(1) Preconstruction. The applicant shall:

(a) Provide a list of all permits required to install and operate water pollution control equipment and treatment processes.

(b) On a map of 1:24,000 scale, show the location and sampling depths of all water monitoring and gauging stations used in collecting preconstruction survey data. Samples shall be collected by standard sampling techniques and only in bodies of water likely to be affected by the proposed facility. Information from U.S. geological survey (USGS), Ohio environmental protection agency, and similar agencies may be used where available, but the applicant shall identify all such sources of data.

(c) Describe the ownership, equipment, capability, and sampling and reporting procedures of each station.

(d) Describe the existing water quality of the receiving stream based on at least one year of monitoring data, using appropriate Ohio environmental protection agency reporting requirements.

(e) Provide available data necessary for completion of any application required for a water discharge permit from any state or federal agency for this project. Comparable information shall be provided for the proposed site and any proposed alternative site(s).

(2) Construction. The applicant shall:

(a) Indicate on a map of 1:24,000 scale the location of the water monitoring and gauging stations to be utilized during the construction.

(b) Estimate the quality and quantity of aquatic discharges from the site clearing and construction operations, including runoff and siltation from dredging, filling, and construction of shoreside facilities.

(c) Describe any plans to mitigate the above effects in accordance with current federal and Ohio regulations.

(d) Describe any changes in flow patterns and erosion due to site clearing and grading operations.

(3) Operation. In order to assess the effects of facility operation on water quality the applicant shall:

(a) Indicate on a map of 1:24,000 scale, the location of the water quality monitoring and gauging stations to be utilized during operation.

(b) Describe the water pollution control equipment and treatment processes planned for the proposed facility.

(c) Describe the schedule for receipt of the national pollution discharge elimination system permit.

(d) Provide a quantitative flow diagram or description for water and water-borne wastes through the proposed facility, showing the following potential sources of pollution, including:

(i) Sewage.

(ii) Blow-down.

(iii) Chemical and additive processing.

(iv) Waste water processing.

(v) Run-off and leachates from fuels and solid wastes.

(vi) Oil/water separators.

(vii) Run-off from soil and other surfaces.

(e) Describe how the proposed facility incorporates maximum feasible water conservation practices considering available technology and the nature and economics of the various alternatives.

(D) Solid waste.

(1) Preconstruction. The applicant shall:

(a) Describe the nature and amount of debris and solid waste on the site.

(b) Describe any plans to deal with such wastes.

(2) Construction. The applicant shall:

(a) Estimate the nature and amounts of debris and other solid waste generated during construction operations.

(b) Describe the proposed method of storage and disposal of these wastes.

(3) Operation. The applicant shall:

(a) Estimate the amount, nature, and composition of solid wastes generated during the operation of the proposed facility.

(b) Describe proposed methods for storage, treatment, transport, and disposal of these wastes.

(4) Licenses and permits. The applicant shall describe its plans and activities leading toward acquisition of waste generation, storage, treatment, transportation and/or disposal permits. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, the applicant shall provide a list of all special conditions or concerns attached to the permit(s).

Replaces: part of 4906-13-04 and 4906-13-09; Eff 11-4-88; 8-28-98; 12-15-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4906.03
Rule amplifies: RC 4906.06 , 4906.03
R.C. 119.032 review dates: 11/10/2008 and 09/30/2013

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