This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4906-3-01 | Purpose and scope.
(A) Unless otherwise specified, this
chapter sets forth the specific procedural requirements for the filing of a
standard certificate application. (B) The board may, upon its own motion,
or 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 notification requirements, 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.
Last updated May 30, 2024 at 9:10 AM
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Rule 4906-3-02 | Preapplication meeting.
An applicant considering construction of a major
utility facility or economically significant wind farm may request a
preapplication meeting with the board staff prior to submitting an application.
The results of such meeting(s) in no way constitutes approval or disapproval of
a particular site or route, and in no way predetermines the board's
decision regarding subsequent certification or approval.
Last updated May 30, 2024 at 9:10 AM
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Rule 4906-3-03 | Public notification requirements.
(A) The applicant shall file a
preapplication notification letter with the board at least twenty-one 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 acreage, general location, schedule, and purpose of
the project. (2) The date, time, and
location of the public informational meetings to be held pursuant to paragraph
(B) of this rule. (3) A list of any waivers
of the board's rules that the applicant anticipates it will be requesting
for the project. (4) Confirmation that the
applicant has prominently posted the information described in this paragraph on
its website prior to filing the preapplication notification
letter. (B) After satisfying any applicable
meeting requirements under section 303.61 of the Revised Code, the applicant
shall conduct at least two informational meetings open to the public to be held
in the area in which the project is located prior to submitting a standard
certificate application to the board. The first of these informational meetings
should notify the public and solicit input on the scope of the project. The
second of these informational meetings is to occur not more than ninety days
prior to filing the application and is intended to present the project to the
public in a manner consistent with what will be presented in the application.
If substantial changes are made to the application after the second
informational meeting, the executive director of the board may require that the
applicant hold another informational meeting. If, under division (A)(2) of
section 303.62 of the Revised Code, a county adopts a resolution limiting the
boundaries of the proposed facility, the applicant shall reconduct any public
informational meeting or meetings that it had conducted under this paragraph
prior to the county's adoption of that resolution, to reflect the updated
boundaries under the county's resolution. (1) The applicant will
give at least one public notice of each of the informational meetings 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.
Each 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 Informational Meeting for Proposed Major Utility
Facility" or "Notice of Public Informational Meeting for Proposed
Economically Significant Wind Farm," as applicable, in bold letters not
less than one-fourth inch high or thirty-point type. Each notice shall not be
published in the legal notices section of the newspaper. Each notice provided
shall address the purpose of the project, the project construction schedule,
and proposed location of the facility. Proof of publication, including a copy
of the public notice, shall be filed in the case record no later than thirty
days from the date of publication. (2) At least twenty-one
days before each of the informational meetings, the applicant shall send a
letter to each property owner and affected resident. Each 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. Each
letter shall include the applicant's and board's website and contact
information. Each letter shall also include the date, time, and location of the
informational meeting, a description of the project, and the purpose of the
respective informational meeting. Notice of compliance with this requirement,
including a copy of each of the form letters, shall be filed in the case record
and a list of the names of each resident and property owner letter recipient
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. Each
letter shall be sent to each property owner and affected resident: (a) Within the planned site or along the proposed route
options, where applicable, for the proposed facility. (b) Contiguous to the planned site or proposed route of the
proposed facility. (c) Who may be approached by the applicant for any
additional easement or land access 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 each affected property. (3) At least twenty-one
days before each informational meeting, the applicant shall also display
information required by paragraphs (B)(1) and (B)(2) of this rule in a
prominent location on the applicant's website. (4) If the location of
the proposed facility changes after the second informational meeting, the
applicant shall send a letter to any property owner and affected resident, 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 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 description of the project. The letter shall include the
applicant's and board's website and contact information. Notice of
compliance with this requirement shall be filed in the case record and a list
of the names of each resident and property owner shall be provided to
staff. (5) At the public
informational meetings, the applicant shall present maps showing the proposed
facility, as well as mapping software with aerial imagery that contains layers
representing facility components along with sensitive receptors and address
search capabilities. The applicant maintains the right to protect from
disclosure any facility information that is critical energy infrastructure
information and other facility information that is confidentially protected
from public disclosure. 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 and, after redacting any
information as to each commenter's postal address, email address, and
telephone number, file the written comments with its application.
Last updated May 30, 2024 at 9:10 AM
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Rule 4906-3-04 | Combined standard and accelerated certificate applications.
(A) A project that qualifies for
accelerated review by the board and is an associated facility of a major
utility facility that is subject to filing as a standard certificate
application with the board may be included in the 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.
Last updated May 30, 2024 at 9:11 AM
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Rule 4906-3-05 | Fully developed site or route information.
All standard certificate applications shall include
fully developed information on the proposed sites or routes. A standard
certificate application for an electric transmission line or gas pipeline
should also identify a proposed alternative route together with a brief
explanation of why the alternative route is less preferred than the proposed
route. Information as to the alternative route need not be fully developed as
part of the application filing.
Last updated May 30, 2024 at 9:11 AM
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Rule 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
chairperson, or the chairperson's designee, 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 chairperson or
designee shall either: (1) Accept the standard
certificate application as complete 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 and mail a copy of the completeness
decision to the applicant setting forth specific grounds on which the rejection
is based. If an application is determined as incomplete, the applicant may
appeal for redetermination by an administrative law judge. (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 will investigate 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 will describe the nature of the
investigation and 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 will
describe the nature of the investigation and contain recommended findings with
regard to divisions (A)(2), (A)(3), (A)(5), (A)(6), and (A)(7) of section
4906.10 of the Revised Code. (3) The staff report will
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, all persons who have become parties to the
proceedings, and to any person upon request. (5) The chairperson 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.
Last updated May 30, 2024 at 9:11 AM
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Rule 4906-3-07 | Service and publication of accepted, complete applications.
(A) Except as provided in paragraph (B)
of this rule: (1) Upon receipt of
notification from the chairperson that the standard certificate application is
complete, the applicant shall: (a) Serve a copy of the accepted, complete application,
either electronically or by portable solid-state drive, 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. (b) 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. (c) Supply the board's staff with such additional
copies of the accepted, complete application as the board's staff
requires. (d) 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. (e) Submit the application fee. (2) 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. (3) Proof of compliance with the
requirements of this rule shall be filed in the case. (B) In the case of a standard
certificate application regarding a jurisdictional wind or solar facility, or
an application for a material amendment as defined in section 303.57 of the
Revised Code, not later than three days after the administrative law judge
determines the board's compliance determination pursuant to division (A)
of section 4906.31 of the Revised Code, the board shall provide a full and
complete copy of the application to each board of trustees and each board of
county commissioners of the townships or counties in which the facility is to
be located, in accordance with section 4906.31 of the Revised Code. In this
case, the applicant need not provide a copy of the application to those
entities under paragraph (A) of this rule.
Last updated May 30, 2024 at 9:11 AM
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Rule 4906-3-08 | Scheduling for accepted, complete applications and the effective date of filing.
(A) After 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.
Last updated May 30, 2024 at 9:11 AM
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Rule 4906-3-09 | Public notice of accepted, complete applications.
(A) After filing an accepted, complete
application with the board, the applicant shall, in addition to the newspaper
publication requirement in division (C) of section 4906.06 of the Revised Code,
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 and resident of a property that would contain or be crossed by the
proposed equipment, route, or facility or any proposed alternatives, and each
owner and resident of a property that would be adjacent to a property that
would contain or be crossed by the proposed equipment, route, or facility or
any proposed alternatives 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 to whom the initial notice is
required to be sent 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) Except as required by Revised Code,
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.
Last updated May 30, 2024 at 9:12 AM
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Rule 4906-3-10 | Proof of publication.
Effective:
December 11, 2015
(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.
Last updated June 17, 2024 at 11:04 AM
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Rule 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 or 4906-6-06 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 appear to create further
additional adverse 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 appear to create additional adverse
impacts to properties adjacent to or within the planned site, or adjacent to 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 will review
applications for amendments to certificates pursuant to rule 4906-3-06 or
4906-6-06, as applicable, 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 material increase or any 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 will 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 or 4906-6-07 of the Administrative Code,
as applicable. (ii) All parties to the
original certificate application proceedings. (iii) Any property
owner(s) and residents along the new route. (b) File with the board proof of service and, if required,
proof of notice pursuant to this chapter.
Last updated May 30, 2024 at 9:12 AM
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Rule 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. The board's expenses shall also include all expenses associated with monitoring, construction, and operation of the facility to assure compliance with certificate conditions. Changes in fee amounts and the assessment of compliance expenses as described in this rule apply to applications filed after the effective date of this rule amendment, and any changes in fee structure shall not increase fees for projects that have obtained a certificate or already filed an application with the board prior to the effective date of this amendment. (B) Application fees submitted to the board shall be utilized for all identifiable expenses, as described in paragraph (A) of this rule. (C) The application fee to initiate the review of a standard certificate application shall be ten thousand dollars, which shall be paid at the time that a case for a standard certificate application is opened by an applicant. The standard certificate application fee will be applied against all costs incurred by the board in processing the applicant's case prior to the time of issuance of a letter accepting the application as complete and in compliance with board rules. (D) Application fees for the board's expenses following the determination that an application is complete shall be determined as follows: (1) For a single or multiple unit electric power generation plant and associated facilities, or substantial additions thereto, the fee is 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 . (2) For a gas pipeline and associated facilities or an electric power transmission line and associated facilities shall consist of 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 | One percent of the estimated cost of the preferred route, not to exceed $85,000 |
(E) After accepting an application as complete, the chairperson, using paragraph (D) 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. (F) 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 chairperson shall invoice the applicant for the expenses the board incurred as a result of the preapplication conference. (G) 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. (H) The application filing fee for an amendment to a certificate shall be paid by the applicant upon filing the amendment application, and 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 | | 1,000,001 - 2,000,000 | $9,000 | | 2,000,001 - 5,000,000 | $12,000 | | 5,000,00 - 25,000,000 | $15,000 | | 25,000,001 - 50,000,000 | $18,000 | | 50,000,001 - 75,000,000 | $21,000 | | 75,000,001 - up | $24,000 |
(I) If the chairperson determines that the application fee paid under paragraph (D) or (H) of this rule will not be adequate to pay for the board's identifiable expenses as described in paragraph (A) of this rule, the chairperson may charge the applicant a supplemental application fee in an amount necessary to cover such expenses. (J) 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 the project. (K) 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. (L) 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.
Last updated May 30, 2024 at 9:12 AM
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Rule 4906-3-13 | Construction and operation.
(A) The applicant shall notify the board
, through timely filings made in the docket of the case, 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. (B) 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. (C) An applicant may seek review of a
proposed modification(s) of a certificated facility by filing the proposed
modification(s) in the public docket of the certificate case and by providing
written notification of such filing to staff and all owners and residents of
each property that would hold the proposed modified facility, or a portion of
the proposed modified facility, or would require an easement for the proposed
modified facility. The applicant shall also send a letter to the owner and
resident of each property that is separated by a distance of less than forty
feet from the aforementioned properties. Unless otherwise ordered by the board
or administrative law judge, modification(s) shall not be considered amendments
to the certificate if such modification(s) would be minimal in nature and would
be adequately addressed by the conditions of the certificate. The
applicant's written notification shall reference, and include a copy of,
paragraph (D) of this rule. In the filing submitted in the public docket, the
applicant shall present its rationale as to why the applicant is seeking the
proposed modification(s) and shall demonstrate that the proposed
modification(s) would be minimal in nature and would be adequately addressed by
the conditions of the certificate. Staff or any interested person may file
objections to the applicant's proposal within twenty-one days. If no
objections are filed within the twenty-one day period, the applicant may
proceed with the proposed modification(s). If objections are filed within the
twenty-one day period, the board's staff may subsequently docket its
recommendation on the proposal. The board will process proposed modification(s)
with filed objections under the suspension process set forth for accelerated
applications as outlined in rule 4906-6-09 of the Administrative Code. The
applicant may start or continue construction activities during review of a
proposed modification on any portion or segment of the certificated facility
that is not impacted by the proposed modification. (D) Within sixty days after the
commencement of commercial operation, the applicant shall submit on the docket
of its certificate case a copy of the as-built drawings, subject to any
redactions pertaining to critical energy infrastructure information and other
facility information protected from public disclosure, for the entire facility.
The applicant also shall use reasonable efforts to provide to the board's
staff as-built drawings in both hard copy and as geographically-referenced
electronic data. (E) 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 filed on the docket of the certificate case. (F) Proof of condition compliance shall
be provided to staff and filed in the case docket, subject to any protective
treatment authorized by board staff or an administrative law judge, in
accordance with the timelines established in each respective
condition.
Last updated May 30, 2024 at 9:13 AM
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Rule 4906-3-14 | Preconstruction requirements.
(A) Prior to commencement of any
construction activities, the applicant shall inform affected property owners
and residents of the nature of the project, specific contact information of
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 residents shall be given at least
seven days prior to work on the affected property. (B) Prior to commencement of any
construction activities for a standard certificate application, 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: (1) Submit to staff and
on the docket of the certificate case one set of engineering drawings of the
final project design, including associated facilities and construction access
plans, subject to any redactions pertaining to critical energy infrastructure
information and other facility information that is protected from public
disclosure. The engineering drawings shall be sufficiently 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 to
staff 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. (2) Submit to staff, for
review and acceptance, mapping in the form of PDF and geographically referenced
electronic data (such as shapefiles or geodatabases) based on final engineering
drawings to confirm that the final design is in compliance with the certificate
would be sited as certificated. Mapping shall include the limits of
disturbance, permanent and temporary infrastructure locations, areas of
vegetation removal and vegetative restoration as applicable, and specifically
call out any adjustments made from the siting detailed in the application and
any associated amendments. (D) Prior to commencement of construction
of any electric generation project or associated facilities, the applicant
shall provide on the docket of the case a copy of a signed interconnection
service agreement. (E) At least seven days prior to a
preconstruction conference, the applicant shall file a table listing each
preconstruction condition deliverable, the corresponding condition number,
status of compliance, and date on which the compliance was filed.
Last updated May 30, 2024 at 9:13 AM
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Rule 4906-3-15 | Change in corporate structure.
Within thirty days of any change to the corporate
structure to the immediate owners of a certificate holder, the certificate
holder shall notify the board of such change by filing notification of the
change in the case docket in which the certificate was granted.
Last updated May 30, 2024 at 9:13 AM
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Rule 4906-3-16 | Change in certificate holder.
At the board's discretion, any certificate
granted by the board may be transferred to another person, subject to the
requirement that the person agrees to comply with the terms, conditions, and
modifications contained within the certificate. An application for board
approval of a transfer of a certificate shall be made by filing a request for
certificate transfer in the docket of the case in which the certificate was
granted. Both persons shall indicate, either in a joint filing or separate
filings, their agreement to the transfer, subject to the requirements of this
rule. Unless otherwise ordered by the board or an administrative law judge, the
transfer is deemed approved, and the effective date of the transfer of the
certificate will be on the thirtieth day after the filing that requests the
certificate transfer.
Last updated May 30, 2024 at 9:14 AM
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