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

Chapter 4906-3 | Certificate Applications Generally

 
 
 
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

Supplemental Information

Authorized By: 4906.03 4906.20
Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.20
Five Year Review Date: 5/20/2029
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 1/25/2009
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/27/1976, 6/10/1989
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

Supplemental Information

Authorized By: 4906.03, 4906.04, 4906.20
Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/11/2015
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/15/2003, 1/25/2009, 12/11/2015
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 8/28/1998
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.04, 4906.06, 4906.07, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/27/1976, 12/11/2015
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06, 4906.07, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 5/7/2009
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/27/1976, 8/28/1998, 1/25/2009
Rule 4906-3-10 | Proof of publication.
 

(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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/27/1976
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06, 4906.07, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 8/28/1998
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 costFee
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-upOne 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 costFee
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

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.06, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 2/17/1984 (Emer.), 7/4/1987, 6/10/1989, 8/28/1998, 12/15/2003, 1/25/2009
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
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

Supplemental Information

Authorized By: 4906.03, 4906.20
Amplifies: 4906.03, 4906.10, 4906.13, 4906.20
Five Year Review Date: 5/20/2029
Prior Effective Dates: 12/11/2015
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

Supplemental Information

Authorized By: 4906.03
Amplifies: 4906.03, 4906.04, 4906.10, 4906.20
Five Year Review Date: 5/20/2029
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

Supplemental Information

Authorized By: 4906.03
Amplifies: 4906.03, 4906.04, 4906.10, 4906.20
Five Year Review Date: 5/20/2029