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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4906-1 | General Provisions

 
 
 
Rule
Rule 4906-1-01 | Definitions.
 

As used in Chapters 4906-1 to 4906-7 of the Administrative Code:

(A) "Accelerated certificate application" means a letter of notification or construction notice filed with the board under the requirements of Chapter 4906-6 of the Administrative Code.

(B) "Accepted, complete application" means a standard certificate application which the chairperson or individual designated by the chairperson declares in writing to be accepted and in compliance with the content requirements of section 4906.06 of the Revised Code, pursuant to section 4906.07 of the Revised Code and rule 4906-3-06 of the Administrative Code.

(C) "Administrative law judge" means an attorney examiner of the public utilities commission.

(D) "Agricultural district" means any agricultural district established pursuant to Chapter 929. of the Revised Code.

(E) "Applicant" means any person filing an accelerated or standard application under Chapter 4906. of the Revised Code.

(F) "Associated facility" or "associated facilities" is defined as follows:

(1) For a gas pipeline: rights-of way, land, structures, mains, valves, meters, compressors, regulators, tanks, overpressure protection equipment, and other transportation items and equipment used for the transportation of gas from or to a gas pipeline.

(2) For an electric power transmission line:

(a) Where poles or towers support both transmission and distribution conductors, the poles, towers, anchors, guys and rights-of-way shall be classified as associated facilities of the transmission line, while the conductors, crossarms, braces, grounds, tiewires, insulators, etc., shall be classified as associated facilities of transmission lines or distribution lines according to the purposes for which they are used.

(b) Transmission voltage switching substations and substations that change line voltage from one transmission voltage to another transmission voltage are considered associated facilities of transmission lines. Those substations that change electricity from transmission voltage to distribution voltage shall be classified as distribution substations, and are not considered associated facilities of transmission lines.

(c) Rights-of-way, land, permanent access roads, structures, breakers, switches, transformers, and other transmission items and equipment used for the transmission of electricity at voltages of one hundred kilovolts or greater shall be classified as associated facilities of transmission lines.

(3) For an electric power generation plant or wind farm: rights-of-way, land, permanent access roads, structures, tanks, distribution lines and substations necessary to interconnect the facility to the electric grid, water lines, pollution control equipment, and other equipment used for the generation of electricity.

(G) "Board" means the Ohio power siting board, as established by division (A) of section 4906.02 of the Revised Code.

(H) "Brownfield" has the same meaning as listed in division (D) of section 122.65 of the Revised Code.

(I) "Business day" means any day that is not a Saturday, Sunday, or legal holiday.

(J) "Capacity" means the maximum electric output a generator can produce, and in the case of an electric storage resource store for later output back to the grid, under specific conditions and that is reflected as installed capacity in any system impact study conducted by PJM.

(K) "Certificate" means a certificate of environmental compatibility and public need, issued by the board.

(L) "Certificate application" means an application filed with the board under the requirements of Chapters 4906-4 to 4906-6 of the Administrative Code.

(M) "Chairperson" means the chairperson of the board as established by division (A) of section 4906.02 of the Revised Code.

(N) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions. This definition does not constitute a restriction on normal maintenance activities on any section of the proposed site or route that is located within an existing utility right-of-way.

(O) "Commercial operation" means the following:

(1) For electric generation plants and wind farms, the output of any generation unit is capable of being delivered to the grid.

(2) For electric transmission lines and associated facilities, the line is interconnected to the grid.

(3) For gas pipelines, the gas is being transported through the pipeline in an attempt or offer to exchange the gas for money, barter, or anything of value.

(P) "Commission" means the public utilities commission of Ohio, as established by division (A) of section 4901.02 of the Revised Code.

(Q) "Construction notice" means a document filed with the board under the requirements of paragraph (C) of rule 4906-6-03 of the Administrative Code.

(R) "Docketing division" means the commission's division responsible for the filing and maintenance of case documents.

(S) "Docketing information system" means the commission's system for electronically storing documents filed in a case, which is maintained by the commission's docketing division. The internet address of the docketing information system is http://dis.puc.state.oh.us.

(T) "Economically significant wind farm" means a wind-powered electric generation facility, including wind turbines and associated facilities, with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of five megawatts or more but less than fifty megawatts.

(U) "Electric distribution line" means an electric power line that has a design value of less than one hundred kilovolts.

(V) "Electric power transmission line" (transmission line) means an electric power line that has a design value of one hundred kilovolts or more.

(W) "Electronic filing" (e-filing) means the submission of electronic files to the public utilities commission's docketing information system.

(X) "Electronic mail" (email) means the exchange of digital messages across the internet or other computer network.

(Y) "Facility" means the proposed major utility facility and all associated facilities.

(Z) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

(AA) "Gas pipeline" means a pipeline that is greater than five hundred feet in length, is more than nine inches in outside diameter, and is designed for transporting gas at a maximum allowable operating pressure in excess of one hundred twenty-five pounds per square inch and its associated facilities.

(BB) "Generation" means the process of producing electrical energy by transforming other forms of energy.

(CC) "Jurisdictional wind or solar facility" has the same meaning as "utility facility" in section 303.57 of the Revised Code.

(DD) "Letter of notification" means a document filed with the board under the requirements of paragraph (B) of rule 4906-6-03 of the Administrative Code.

(EE) "Major utility facility" means a facility that meets the definition of major utility facility set forth in section 4906.01 of the Revised Code.

(FF) "Manufacturing facility that creates byproducts that may be used in the generation of electricity" means a facility that produces exhaust heat or flue gases from engines or boilers used primarily for manufacturing processes and excludes facilities whose primary purpose is the generation of electricity.

(GG) "Maximum allowable operating pressure" means the maximum pressure at which a pipeline or segment of a pipeline may be operated under 49 C.F.R.

(HH) "Person" means an individual, corporation, business trust, association, estate, trust, or partnership, or any officer, board, commission, department, division, or bureau of the state or a political subdivision of the state, or any other entity.

(II) "Potential disturbance area" means the area of land or water that may be cleared, graded, excavated, accessed with heavy equipment, constructed on, or otherwise directly disturbed for construction of the facility.

(JJ) "Project" means all equipment, land, and activities required for construction, operation, and maintenance of the facility and associated facilities.

(KK) "Project area" means all land that contains components of the facility, as well as any real property for which land rights are required to be secured in order to construct and operate the facility.

(LL) "Replacement of an existing facility with a like facility" means replacing an existing major utility facility with a major utility facility of equivalent size, rating and operating characteristics, and within the same right-of-way. If the existing facility includes material sizes and specifications that are no longer widely manufactured and available, replacement with the nearest equivalent standard industry size and material available that meets the needs of the project is considered a replacement with a like facility.

(MM) "Resident" is determined by where a person is domiciled, and includes a tenant.

(NN) "Route" means, in the case of a proposed electric transmission line or gas pipeline, a proposed centerline and a proposed distance from each side of the centerline, with such total distance not to exceed the proposed right-of-way width. Route width may vary along the proposed electric transmission line or gas pipeline, as specified in the application.

(OO) "Sensitive receptors" means any occupied building.

(PP) "Specific customer or customers" means industrial or commercial end-use customer(s) in Ohio.

(QQ) "Staff" means the board staff.

(RR) "Standard certificate application" means a document filed with the board under the requirements of Chapter 4906-4 or Chapter 4905-5 of the Administrative Code.

(SS) "Substantial addition," in the case of an electric power transmission line or gas pipeline already in operation, is any addition or modification that meets any of the descriptions listed in the "Application Requirement Matrix" contained in appendix A and appendix B to this rule. Construction necessary to restore service of a transmission line damaged by reason of natural or human-caused disaster or accident does not constitute a substantial addition and therefore does not require the filing of a certificate application. "Substantial addition," in the case of an electric power generation plant, it is any modification of an operating generation plant which modification in itself constitutes a major utility facility or economically significant wind farm. Additions under this definition include, but are not limited to:

(1) Addition of structures or equipment to an existing electric power generation facility that would result in a capacity increase of fifty megawatts or greater.

(2) Addition of a fifty megawatts or greater electric power generation unit which is designed to operate in conjunction with an existing unit to establish a combined-cycle unit.

(3) Addition of an electric power generation unit to an existing plant which is not a major utility facility, or modification of an existing unit, with the result that the combined capacity of the new facility is fifty megawatts or greater.

(4) Addition of a wind-powered electric generation turbine to an existing wind farm, with the result that the combined capacity of the new facility is five megawatts or greater.

(TT) "Wind farm" means a wind-powered electric generation facility, including wind turbines and associated facilities, with a single interconnection to the electrical grid.

View AppendixView AppendixView Appendix

Last updated May 30, 2024 at 9:06 AM

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.01, 4906.06, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/27/1976, 3/20/1987, 10/1/1987, 6/10/1989, 12/15/2003, 1/25/2009, 5/7/2009, 12/11/2015
Rule 4906-1-02 | Purpose and scope.
 

(A) The purpose of this chapter is to provide for just, efficient, and inexpensive determination of the issues presented in matters under Chapter 4906. of the Revised Code.

(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.

Last updated May 30, 2024 at 9:06 AM

Supplemental Information

Authorized By: 4906.03
Amplifies: 4906.03, 4906.06
Five Year Review Date: 5/20/2029
Rule 4906-1-03 | Board meetings.
 

(A) All meetings of the board at which official action is taken and deliberation upon official business is conducted shall be open to the public. For the purpose of this rule, the term "meeting" shall mean any prearranged discussion of the public business of the board by a majority of its members. All resolutions, rules, regulations or formal action of any kind shall be adopted in an open meeting of the board.

(B) The chairperson shall cause to be made and preserve such records as are necessary for the adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the board and for the protection of the legal and financial rights of the state and persons directly affected by the board's activities under Chapter 4906. of the Revised Code.

(C) The minutes of a regular or special meeting of the board shall be promptly recorded and such records shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) of section 121.22 of the Revised Code.

(D) Following a majority vote of its members, the board may hold an executive session only at a regular or special meeting for the sole purpose of the consideration of the matters contained in division (G) of section 121.22 of the Revised Code. Such executive session may be held only at a meeting for which notice has been given in accordance with the requirements of paragraph (E) of this rule.

(E) Notice of board meetings

(1) Any person may ascertain the time and place of each regularly scheduled meeting and the time, place and purpose of each special meeting in the following manner:

(a) Writing to the board's principal office.

(b) Calling the board between eight a.m. and five-thirty p.m. except on Saturdays, Sundays, or legal holidays.

(c) Accessing the board's website at www.opsb.ohio.gov.

(d) Emailing the board at contactopsb@puco.ohio.gov.

(2) Notice of all meetings of the board shall be given to the following persons:

(a) All individuals on the board's electronic notification of meeting distribution list shall be given notice of all regular meetings. This list shall consist of those persons who have requested notice of each board meeting by signing upon the board's website or contacting the board at (866) 270-6772.

(b) All news media routinely notified by the board shall be given notice of all regular board meetings. No special meeting of the board shall be held unless the board gives twenty-four hours advance notice to the news media, except in the event of an emergency requiring immediate official action. In the event of an emergency, the board shall immediately notify the news media of the time, place and purpose of the meeting.

(3) Notice of all board meetings shall include but not be limited to the following information:

(a) Date, time and location of the meeting.

(b) Agenda for the meeting.

(c) Name of a person to be contacted for further information.

(4) When practicable, such notice shall be issued not less than seven days prior to any regular meeting of the board. Such notice shall be issued not less than twenty-four hours prior to a special meeting and immediately before a meeting in the event of an emergency.

Last updated May 30, 2024 at 9:07 AM

Supplemental Information

Authorized By: 4906.03
Amplifies: 4906.02, 4906.03, 4906.06, 4906.10, 4906.12, 4906.20, 121.22
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/11/2015
Rule 4906-1-04 | Fees and payments.
 

(A) All duplication fees used to defray the cost of copying documents shall be charged by the board in accordance with applicable provisions of the Revised Code, including section 4903.23 of the Revised Code.

(B) All application fees shall be determined pursuant to rule 4906-3-12 of the Administrative Code.

(C) All payments of application fees may be paid by credit card, debit card, personal check, cashier's check, certified check, money order, wire or electronic funds transfer. Cash payments are not permitted. Payment remittance instructions shall be provided on the invoice and shall be due upon receipt of an invoice unless otherwise indicated. Payment shall contain the identifying case or invoice number for which payment is tendered. Invoices determined uncollectible will be certified to the attorney general of Ohio for further collection actions in accordance with section 131.02 of the Revised Code.

(D) All payments of forfeitures, compromise forfeitures, and other payments made pursuant to stipulation shall be made in accordance with rule 4906-7-03 of the Administrative Code.

Last updated May 30, 2024 at 9:07 AM

Supplemental Information

Authorized By: 4906.03
Amplifies: 4903.23, 4906.03, 4906.06, 4906.12, 4906.97
Five Year Review Date: 5/20/2029
Prior Effective Dates: 6/10/1989, 12/15/2003
Rule 4906-1-05 | Site visits.
 

Persons proposing, owning or operating major utility facilities or economically significant wind farms shall allow the board, its representatives (including, but not limited to contractors and inspectors), or staff to make visits, subject to advance notice when reasonably appropriate, to proposed or alternative sites or routes of a major utility facility or economically significant wind farm or a substantial addition in order to carry out board responsibilities pursuant to Chapter 4906. of the Revised Code.

Last updated May 30, 2024 at 9:07 AM

Supplemental Information

Authorized By: 4906.03
Amplifies: 4906.03, 4906.06, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 6/10/1989, 12/15/2003