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

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: 12/27/1976, 6/10/1989, 8/28/1998, 12/15/2003, 5/7/2009, 12/11/2015