4906-5-05 Completeness of certificate applications and staff investigations and reports.

(A) Upon receipt of a certificate application for a wind farm or major utility facility which is not 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 examine the certificate application to determine compliance with Chapters 4906-1 to 4906-17 of the Administrative Code. Within sixty days following receipt, the chairman shall either:

(1) Accept the certificate application as complete and complying with the content requirements of section 4906.06 of the Revised Code and Chapters 4906-1 to 4906-17 of the Administrative Code.

(2) Reject said 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 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 4906-5-06 and 4906-5-07 of the Administrative Code.

(C) Upon accepting a certificate application as complete, the chairman shall promptly notify the applicant to serve and file a certificate of service for the accepted, complete application in accordance with rules 4906-5-06 and 4906-5-07 of the Administrative Code.

(D) The chairman shall direct the staff to conduct an investigation of each accepted, complete application and to 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 a wind farm or major utility facility which is not 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, 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 4906-17 of the Administrative Code.

(2) The staff report 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, 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 become part of the record.

(4) Copies of the staff report shall be served upon the board members, the administrative law judge assigned to the case, the applicant, and all persons who have or shall thereafter 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 the board staff (with instructions as to how to obtain an electronic or paper copy) and available for inspection at the board's main office. The staff will also maintain on the board's web site 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, the staff shall supply the report without cost.

Effective: 05/07/2009
R.C. 119.032 review dates: 09/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03 , 4906.20
Rule Amplifies: 4906.06 , 4906.03 , 4906.13 , 4906.20
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03