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

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