4906-5-08 Public notice of accepted, complete certificate applications.

(A) At least fifteen days prior to the date of any public informational meeting held pursuant to paragraph (B) of this rule, the applicant shall file a pre-application notification letter with the board. The pre-application 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, 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) Prior to submitting a 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. 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 fourteen days or fewer than seven days before the date for the meeting. The notice shall occupy not less than one-fourth of a standard newspaper 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 information provided shall address the need for the project, the project schedule, the design of the facility, and other pertinent data.

(C) After filing an accepted, complete application with the board, the applicant shall give at least two public notices of the proposed utility facility 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 4906-5-06 of the Administrative Code.

(1) The initial public notice shall be published within fifteen days of the filing of the accepted, complete application and shall include the publication of a summary of the accepted, complete application. The notice shall occupy not less than one-fourth of a standard newspaper page, with letters not less than ten-point type, shall bear the heading "notice of proposed major utility facility" in bold letters 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 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 4906-5-06 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 sites (including any web sites and the address 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 hearing.

(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 published 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 hearing.

(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.

(3) At least thirty days before the public hearing, the applicant shall send a letter describing the facility to each property owner and affected tenant. The letter shall briefly describe the certification process and shall include the date of the public hearing. The letter shall be sent by first class mail. The name and address of each landowner on the mailing list shall be submitted to the board and to each public official entitled to service of the application pursuant to rule 4906-5-06 of the Administrative Code. The letter shall be sent to each property owner and affected tenant:

(a) Within the planned site or along the preferred or alternate route(s) of the proposed facility.

(b) Contiguous to the planned site or along 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.

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

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, 6/10/89, 8/28/98, 12/15/03, 6/17/05