(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 The notice shall not be published in the legal notices section of the newspaper.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
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