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 boards 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 applicants 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 boards 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
Supplemental Information