Chapter 4906-3 Certificate Applications Generally

4906-3-01 Purpose and scope.

(A) This chapter sets forth the specific procedural requirements for the filing of a standard certificate application.

(B) The board may, upon an application or motion filed by a party, waive any requirement of this chapter other than a requirement mandated by statute.

(C) With respect to any aspect of the public information program, including all notices, service requirements, and other forms of public information, inadvertent failure of service on, or notice to, any of the persons entitled to receive service pursuant to the requirements of this chapter, may be cured pursuant to orders of the board or the administrative law judge, designed to afford such persons adequate notice to enable their effective participation in the proceeding.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03 4906.20
Rule Amplifies: 4906.03 , 4906.04, 4906.06, 4906.10, 4906.20

4906-3-02 Preapplication conference.

An applicant considering construction of a major utility facility or economically significant wind farm may request a preapplication conference with the board staff prior to submitting an application. The results of such conference(s) shall in no way constitute approval or disapproval of a particular site or route, and shall in no way predetermine the board's decision regarding subsequent certification or approval.

Replaces: 4906-5-01

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/13/03, 1/25/09, 5/7/09

4906-3-03 Public information program.

(A) The applicant shall file a preapplication notification letter with the board at least fifteen days prior to the date of any public informational meeting(s) held pursuant to paragraph (B) of this rule. The preapplication notification letter shall include the following information:

(1) A basic description of the project that shall include information about the anticipated function, equipment size, approximate areal extent, general location, schedule, and purpose of the project.

(2) The date, time, and location of the public informational meeting to be held pursuant to paragraph (B) of this rule.

(3) A list of any anticipated waivers of the board's rules that the applicant will be requesting for the project.

(B) No more than ninety days prior to submitting a standard certificate application to the board, the applicant shall conduct at least one informational meeting open to the public to be held in the area in which the project is located. If substantial changes are made to the application after the informational meeting, the executive director of the board shall have the authority to require another informational meeting at his/her discretion.

(1) The applicant will give one public notice of the informational meeting in newspapers of general circulation in the project area, to be published not more than twenty-one days or fewer than seven days before the date for the meeting. The notice shall occupy not less than one-fourth of each newspaper's standard page, with letters not less than ten-point type, and shall bear the heading "Notice of Public Information Meeting for Proposed Major Utility Facility" in bold letters not less than one-fourth inch high or thirty-point type. The notice shall not be published in the legal notices section of the newspaper. The information provided shall address the need for the project, the project schedule, the design of the facility, and other pertinent data. Proof of publication shall be filed with the board no later than thirty days from the date of publication.

(2) At least twenty-one days before the informational meeting, the applicant shall send a letter to each property owner and affected tenant. The letter shall briefly describe the certification process, including information on how to participate in the proceeding and how to request notification of the public hearing. The letter shall include the applicant's website and the website, mailing address, email address, and telephone number of the board. The letter shall also include the date, time, and location of the informational meeting, and a brief description of the project. The letter shall be sent by first class mail. Notice of compliance with this requirement shall be filed with the board and a list of the names of each tenant and property owner shall be provided to staff. Inability or inadvertent failure to notify the persons described in this rule shall not constitute failure to give public notices, provided there is substantial compliance with these requirements. The letter shall be sent to each property owner and affected tenant:

(a) Within the planned site or along the proposed route options for the proposed facility.

(b) Contiguous to the planned site or contiguous to the preferred or alternate route(s) of the proposed facility.

(c) Who may be approached by the applicant for any additional easement necessary for the construction, operation, or maintenance of the facility.

(d) If the property owner's address is not the same as the address affected by the proposed facility, then the applicant shall also send a letter to the affected property.

(3) If the location of the proposed facility changes after the informational meeting, the applicant shall send a letter to any property owner and affected tenant, as defined by paragraph (B)(2) of this rule. The letter shall be sent at least twenty-one days prior to the public hearing. The letter shall briefly describe the certification process, including information on how to participate in the proceeding, and the date, time, and location of the public hearing. The letter shall also include a brief description of the project. The letter shall include the applicant's website and the website, mailing address, email address, and telephone number of the board. The letter shall be sent by first class mail. Notice of compliance with this requirement shall be filed with the board and a list of the names of each tenant and property owner shall be provided to staff.

(4) At the informational meeting, the applicant shall present maps showing the proposed facility at a scale that allows affected property owners to identify the location of their property in relation to the facility. The applicant shall solicit written comments from the attendees. The applicant shall summarize in its certificate application how many and what types of comments were received.

Replaces: part of 4906-5-08

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 6/17/05, 1/25/09

4906-3-04 Combined standard and accelerated certificate applications.

(A) If a project that qualifies for accelerated review is an associated facility of a major utility facility that is subject to filing a standard certificate application with the board, the projects may be combined into one standard certificate application.

(B) Electric generation plants and associated electric transmission or gas pipeline projects that do not qualify for accelerated review shall be filed in separate standard certificate applications.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.04, 4906.20
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13, 4906.20

4906-3-05 Alternatives in standard certificate applications.

All standard certificate applications for electric power transmission facilities and gas pipelines shall include fully developed information on two sites/routes. Applicants for electric power generation facilities may choose to include fully developed information on two or more sites. Each proposed site/route shall be designated as a preferred or an alternate site/route. Each proposed site/route shall be a viable alternative on which the applicant could construct the proposed facility. Two routes shall be considered as alternatives if not more than twenty per cent of the routes are in common. The percentage in common shall be calculated based on the shorter of the two routes. Any segment of a route that makes use of existing transmission structures or is entirely within existing transmission rights-of-way may be excluded from the calculation of the percentage in common. Standard certificate applications may include information on additional alternatives, which may include site, route, major equipment, or other alternatives.

Replaces: 4906-5-04

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.06, 4906.10, 4906.13, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 1/25/09, 5/7/09

4906-3-06 Completeness of standard certificate applications, staff investigations, and staff reports.

(A) Upon receipt of a standard certificate application for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule, the chairman shall examine the certificate application to determine compliance with Chapters 4906-1 to 4906-7 of the Administrative Code. Within sixty days following receipt, the chairman shall either:

(1) Accept the standard certificate application as complete and complying with the content requirements of section 4906.06 of the Revised Code and Chapters 4906-1 to 4906-7 of the Administrative Code, and notify the applicant to serve and file a certificate of service for the accepted, complete application.

(2) Reject the standard certificate application as incomplete, setting forth specific grounds on which the rejection is based. The chairman shall mail a copy of the completeness decision to the applicant.

(B) Upon receipt of a standard certificate application for a major utility facility which is related to a coal research and development project as defined in section 1551.01 of the Revised Code, or to a coal development project as defined in section 1551.30 of the Revised Code, submitted to the Ohio coal development office for review under division (B)(8) of section 1551.33 of the Revised Code, the chairman shall promptly accept the certificate application as complete and shall notify the applicant to file the accepted, complete application in accordance with the provisions of rules 4906-3-08 and 4906-3-09 of the Administrative Code.

(C) Staff shall conduct an investigation of each accepted, complete application and submit a written report as provided by division (C) of section 4906.07 of the Revised Code not less than fifteen days prior to the beginning of public hearings.

(1) The staff report for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule shall set forth the nature of the investigation, and shall contain recommended findings with regard to division (A) of section 4906.10 of the Revised Code and all applicable rules contained in Chapters 4906-1 to 4906-7 of the Administrative Code.

(2) The staff report for a major utility facility that is filed under paragraph (B) of this rule shall set forth the nature of the investigation and shall contain recommended findings with regard to divisions (A)(2), (A)(3), (A)(5), and (A)(7) of section 4906.10 of the Revised Code.

(3) The staff report shall be filed by staff and become part of the official record in the case pursuant to section 4906.07 of the Revised Code.

(4) Copies of the staff report shall be provided to the board members, the administrative law judge assigned to the case, the applicant, and all persons who have become parties to the proceedings. Copies shall be made available to any person upon request.

(5) The chairman shall cause either a copy of such staff report or a notice of the availability of such staff report to be placed in the main public library of each political subdivision as referenced in division (B) of section 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the staff report is available from staff (with instructions as to how to obtain an electronic or paper copy) and available for inspection at the board's main office. Staff will also maintain on the board's website information as to how to request an electronic or paper copy of the staff report. Upon request for a paper copy of the staff report, staff shall supply the report without cost.

Replaces: 4906-5-05

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.06, 4906.10, 4906.13, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 5/7/09

4906-3-07 Service and publication of accepted, complete applications.

(A) Upon receipt of notification from the chairman that the standard certificate application is complete, the applicant shall:

(1) Serve a copy of the accepted, complete application, either electronically or by disk, on the chief executive officer of each municipal corporation, county, township, and the head of each public agency charged with the duty of protecting the environment or of planning land use in the area in which any portion of such facility is to be located. Hard copies shall be made available upon request. As used in this rule, "any portion" includes site or route alternatives as provided in rule 4906-3-05 of the Administrative Code.

(2) Place a copy of the accepted, complete application or place a notice of the availability of such application in the main public library of each political subdivision as referenced in division (B) of 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the accepted, complete application is available from the applicant (with instructions as to how to obtain an electronic or paper copy), available for inspection at the applicant's main office, available for inspection at the board's main office, and available at any other sites at which the applicant will maintain a copy of the accepted, complete application.

(3) Supply the board with such additional copies of the accepted, complete application as the board shall require.

(4) Supply the board with a certificate of its service of such accepted, complete standard certificate application, which shall include the name, address, and official title of each person so served, together with the date on which service was performed and a description of the method by which service was obtained.

(5) Submit the application fee.

(B) The applicant shall maintain on its website, information as to how to request an electronic or paper copy of the accepted, complete application. Upon request for a paper copy of the accepted, complete application, the applicant shall supply the copy within five business days and at no more than cost.

(C) Proof of compliance with the requirements of this rule shall be filed in the case.

Replaces: 4906-5-06, part of 4906-5-07

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.07, 4906.13, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 5/7/09

4906-3-08 Scheduling for accepted, complete applications and the effective date of filing.

(A) Once the applicant has complied with rule 4906-3-07 of the Administrative Code, the board or administrative law judge shall file an entry in the case indicating the date on which the accepted, complete application is deemed as filed.

(B) Upon an accepted, complete application being deemed filed, the board or administrative law judge shall promptly fix the date(s) for the public hearing(s) and notify the parties.

Replaces: part of 4906-5-07

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.06, 406.07, 4906.13, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 5/7/09

4906-3-09 Public notice of accepted, complete applications.

(A) After filing an accepted, complete application with the board, the applicant shall give two notices of the proposed utility facility.

(1) The initial notice shall be a written notice to those persons that received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code and each owner of a property crossed and/or adjacent to the preferred and alternative routes for transmission lines and/or a new generation site within fifteen days of the filing of the accepted, complete application and shall contain the following information:

(a) The name and a brief description of the proposed facility, including type and capacity.

(b) A map showing the location and general layout of the proposed facility.

(c) A list of officials served with copies of the accepted, complete application pursuant to rule 4906-3-07 of the Administrative Code.

(d) A list of public libraries that were sent paper copies or notices of availability of the accepted, complete application, and other readily accessible locations (including the applicant's website and the website, mailing address, and telephone number of the board) where copies of the accepted, complete application are available for public inspection.

(e) A statement, including the assigned docket number, that an application for a certificate to construct, operate, and maintain said facility is now pending before the board.

(f) A statement setting forth the eight criteria listed in division (A) of section 4906.10 of the Revised Code used by the board to review an application.

(g) Section 4906.07 of the Revised Code, including the time and place of the public and adjudicatory hearings.

(h) Division (C) of section 4906.08 of the Revised Code, including the deadline for filing a notice of intervention or petition for leave to intervene as established by the board or administrative law judge.

(2) The second public notice shall be a written notice to those persons that received the initial notice pursuant to paragraph (A)(1) of this rule and shall be published in newspapers of general circulation in those municipal corporations and counties in which the chief executive received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code at least seven days but no more than twenty-one days before the public hearing. The notice shall be published with letters not less than ten-point type, shall bear the heading "Notice of Proposed Major Utility Facility" in bold type not less than one-fourth inch high or thirty-point type and shall contain the following information:

(a) The name and a brief description of the project.

(b) A map showing the location and general layout of the proposed facility.

(c) A statement, including the assigned docket number that an application for a certificate to construct, operate, and maintain said facility is now pending before the board.

(d) The date, time, and location of the public and adjudicatory hearings.

(e) A statement that the public will be given an opportunity to comment on the proposed facility.

(f) A reference to the date of the first public notice.

(B) Inability or inadvertent failure to notify the persons or publish the notice described in this rule shall not constitute a failure to give public notice, provided substantial compliance with these requirements is met.

Replaces: part of 4906-5-08

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.06
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 6/17/05, 1/25/09

4906-3-10 Proof of publication.

(A) The applicant shall file a copy of the initial notice with the board within fourteen days after the notice is sent.

(B) The applicant shall provide proof of the second public notice to the board at least three days before the public hearing by filing a copy of the notice sent to persons pursuant to rule 4906-3-09 of the Administrative Code and providing either a copy of the entire date-marked newspaper page that contains the actual notice or copy of the proof of publication from the newspaper(s) in which the notice was published.

(C) Inadvertent failure of service on, or notice to, any of the persons entitled to receive service pursuant to the requirements for this chapter, may be cured pursuant to orders of the board or the administrative law judge, designed to afford such persons adequate notice to enable their effective participation in the proceeding. In addition, the board or the administrative law judge may, after filing, require the applicant to serve notice of the accepted, complete application or copies thereof, or both, upon such other persons, and file proof thereof, as the board or the administrative law judge considers appropriate.

Replaces: 4906-5-09

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.06, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03

4906-3-11 Amendments of accepted, complete applications and of certificates.

(A) The applicant shall submit to the board any applications for amendment to a pending accepted, complete application in accordance with rule 4906-3-06 of the Administrative Code.

(1) Each application for amendment shall specifically identify the portion of the pending accepted, complete application which has been amended.

(2) The applicant shall serve a copy of the application for amendment upon all persons previously entitled to receive a copy of the application, and shall supply the board with proof of such service.

(3) The applicant shall place a copy of such application for amendment or notice of its availability in all libraries consistent with rule 4906-3-07 of the Administrative Code, and shall supply the board with proof of such action.

(4) Upon review, the board or the administrative law judge may require such additional action as is determined necessary to inform the general public of the proposed amendment, including, but not limited to:

(a) Ordering the applicant to issue public notice pursuant to rule 4906-3-09 of the Administrative Code.

(b) If a hearing is required, the hearing may be postponed on the pending, accepted, complete application and/or application for amendment up to ninety days after receipt of said application for amendment.

(5) Staff shall review the application for amendment pursuant to paragraph (C) of rule 4906-3-06 of the Administrative Code.

(6) Unless otherwise ordered by the board or administrative law judge, modifications to a proposed route that are introduced into the record by the applicant during review of the accepted, complete application and during the hearing process shall not be considered amendments if such modifications are within the two thousand foot study corridor and do not impact additional landowners by requiring easements for construction, operation, or maintenance or create further impacts within the planned right-of-way of the proposed facility. Unless otherwise ordered by the board or administrative law judge, modifications to the footprint of an electric power generation facility that are introduced into the record by the applicant during review of the accepted, complete application and during the hearing process shall not be considered amendments if such modifications do not create further impacts for each property owner or within the planned site, or within the right-of-way of the proposed facility.

(B) Applications for amendments to certificates shall be submitted in the same manner as if they were applications for a certificate.

(1) Staff shall review applications for amendments to certificates pursuant to rule 4906-3-06 of the Administrative Code and make appropriate recommendations to the board and the administrative law judge.

(a) If the board, its executive director, or the administrative law judge determines that the proposed change in the certified facility would result in any significant adverse environmental impact of the certified facility or a substantial change in the location of all or a portion of such certified facility other than as provided in the alternates set forth in the application, then a hearing shall be held in the same manner as a hearing is held on a certificate application.

(b) If the board, its executive director, or the administrative law judge determines that a hearing is not required, as defined in paragraph (B)(1)(a) of this rule, the applicant shall be directed to take such steps as are necessary to notify all parties of that determination.

(2) The applicant shall:

(a) Serve a copy of the application for amendment to a certificate upon:

(i) The persons entitled to service pursuant to rule 4906-3-07 of the Administrative Code.

(ii) All parties to the original certificate application proceedings.

(iii) Any property owner(s) along the new route.

(b) File with the board proof of service and, if required, proof of notice pursuant to this chapter.

Replaces: part of 4906-5-10

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.06, 4906.07, 4906.10, 490613, 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 1/25/09, 6/19/09

4906-3-12 Application fees and board expenses.

(A) The board's expenses associated with the review, analysis, processing, and monitoring of applications made pursuant to Chapters 4906-1 to 4906-7 of the Administrative Code shall be borne by the person submitting the application and shall include all expenses associated with monitoring, construction, and operation of the facility and compliance with certificate conditions. Application fees submitted to the board shall be utilized for all direct expenses associated with the consideration of an application and granting of a certificate and monitoring of construction and initial operation of the facility. The chairman shall provide, annually to each applicant, a current summary of the applicant's active cases showing case numbers, fees received, and board expenses.

(B) The application filing fee for a certificate for a single or multiple unit electric power generation plant and associated facilities, or substantial additions thereto, shall consist of the product of fifty cents times the maximum kilowatt electric capacity, as determined by the estimated net demonstrated capability of the highest capacity alternative. The maximum application filing fee shall be one hundred fifty thousand dollars.

(1) After accepting an application as complete, the chairman, using paragraph (B) of this rule, shall determine the amount of the application filing fee, advise the applicant of the fee amount and advise the applicant that it is payable upon filing the accepted, complete application.

(2) Board expenses associated with a preapplication conference will be included as part of the application review expenses. If the applicant fails to file an application within twelve months of the preapplication conference, the chairman shall invoice the applicant for the board's expenses incurred as a result of the preapplication conference.

(C) The application filing fee for a certificate for a gas pipeline and associated facilities or an electric power transmission line and associated facilities shall consist of:

(1) An amount based on the estimated construction cost of the most costly alternative route as follows:

Construction cost

Fee

up to - $500,000

$10,000

$500,000 - 1,000,000

$25,000

1,000,001 - 2,000,000

$35,000

2,000,001 - 5,000,000

$50,000

5,000,001 - up

$65,000

(2) After accepting an application as complete, the chairman, using paragraph (C)(1) of this rule, shall determine the amount of the application filing fee, advise the applicant of the fee amount, and advise the applicant that it is payable upon filing the accepted, complete application.

(3) Board expenses associated with a preapplication conference will be included as part of the application review expenses. If the applicant fails to file an application within twelve months of the preapplication conference, the chairman shall invoice the applicant for the expenses the board incurred as a result of the preapplication conference.

(4) If an associated transmission substation is included in the application for an electric transmission line, the application fee for the substation shall be calculated separately and added to the filing fee for the transmission line.

(D) The application filing fee for an amendment to a certificate shall consist of:

(1) An amount based on the estimated construction cost of the amended portion of the facility as follows:

Construction cost

Fee

up to - $500,000

$3,000

$500,000 - 1,000,000

6,000

1,000,000 - 2,000,000

9,000

2,000,001 - 5,000,000

12,000

5,000,001 - up

15,000

(2) After accepting an amendment application as complete, the chairman, using paragraph (D)(1) of this rule, shall determine the amount of the application filing fee, advise the applicant of the fee amount, and advise the applicant that it is payable upon filing the accepted, complete amendment application.

(E) If the chairman determines that the initial application fee paid under paragraph (B), (C) or (D) of this rule will not be adequate to pay for the board's expenses associated with the application prior to the end of the year in which the certificate is issued, the chairman may charge the applicant a supplemental application fee in an amount necessary to cover such expenses.

(F) At the end of the calendar year in which the certificate is issued, the chairman shall determine if the application filing fee was adequate to pay the actual expenses for review of the application. If the fee was inadequate, the chairman shall invoice the applicant for the amount of the shortage, and shall do so, at least, annually thereafter to cover the board's expenses until the project has been completed. If there are adequate funds, no annual invoicing will be required until a shortage occurs. The review will be done annually. Final reconciliation, including refunds in cases where fees paid exceed the amount needed to cover the board's expenses, will be done at the end of the calendar year in which the applicant notifies the board that the project has been completed. If a certificate application is withdrawn, the chairman shall cause a refund to be issued in the amount of the application fee in excess of the costs incurred to date.

(G) For purposes of this rule, "construction cost" shall include all costs of the project including rights-of-way, land acquisition, clearing, material and equipment, erection of the facility and any other capital cost applicable to that project.

(H) Board expenses for the resolution of jurisdictional issues, and all other incidental services will be invoiced at cost. Payment shall be due upon receipt of an invoice.

(I) The board shall publish annually a report accounting for the collection and expenditure of fees. The annual report shall be published not later than the last day of June of the year following the calendar year to which the report applies.

Replaces: 4906-5-11

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.06, 4906.20
Prior Effective Dates: 12/27/76, 7/12/82, 5/17/84, 2/17/84 (Emer.), 9/27/86, 1/8/87, 7/4/87, 6/10/89, 8/6/94, 8/28/98, 12/15/03, 6/19/09

4906-3-13 Construction and operation.

(A) The standard certificate application shall be filed no more than five years prior to the planned date of commencement of construction. The five-year period may be waived by the board for good cause shown.

(B) The applicant shall notify the board of the date on which construction will begin, the date on which construction was completed, and the date on which the facility began commercial operation.

(C) The certificate shall become invalid if the applicant has not commenced a continuous course of construction of the proposed facility within five years of the date of issuance of the certificate.

(D) If any changes are made to the project layout after the certificate is issued, all changes shall be provided to staff in hard copy and as geographically-referenced electronic data. All changes outside the environmental survey areas and any changes within environmentally-sensitive areas are subject to staff review and acceptance prior to construction in those areas.

(E) Within sixty days after the commencement of commercial operation, the applicant shall submit to staff a copy of the as-built drawings for the entire facility. The applicant shall use reasonable efforts to provide as-built drawings in both hard copy and as geographically-referenced electronic data.

(F) Within six months of commencement of operation of the facility, the applicant shall register the as-built locations of the underground electric lines or gas pipelines referenced in the application with the Ohio utilities protection service. The applicant shall also register with the Ohio oil and gas producers underground protection service, if it operates in the project area. Confirmation of registration(s) shall be provided to the board.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.10, 4906.13, 4906.20

4906-3-14 Preconstruction requirements.

(A) Prior to commencement of any construction activities, the applicant shall inform affected property owners and tenants of the nature of the project, specific contact information of applicant personnel who are familiar with the project, the proposed schedule for project construction and restoration activities, and a complaint resolution process. Notification to affected property owners and tenants shall be given at least seven days prior to work on the affected property.

(B) Prior to commencement of any construction activities, the applicant shall conduct a preconstruction conference. Staff, the applicant, and representatives of the prime contractor and all subcontractors for the project shall attend the preconstruction conference. The conference shall include a presentation of the measures to be taken by the applicant and contractors to ensure compliance with the certificate, and discussion of the procedures for on-site investigations by staff during construction. Prior to the conference, the applicant shall provide a proposed conference agenda to staff. The applicant may conduct separate preconstruction conference for each stage of construction.

(C) At least thirty days prior to the preconstruction conference, the applicant shall submit to staff one set of detailed engineering drawings of the final project design, including associated facilities and construction access plans. The engineering drawings shall be at least as detailed and complete, so that staff can determine that the final project design is in compliance with the certificate. The final project layout shall be provided in hard copy and as geographically-referenced electronic data. The drawings shall include references at the locations where the applicant and/or its contractors must adhere to a specific avoidance or mitigation measure in order to comply with the certificate.

(D) Prior to construction of any electric generation project or associated facilities, the applicant shall provide to staff a letter stating that an interconnection service agreement has been signed or shall submit a copy of a signed interconnection service agreement.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03, 4906.20
Rule Amplifies: 4906.03, 4906.10, 4906.13, 4906.20