Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-3 - GENERAL RULES › Subject 515-3-4 - INTEGRATED RESOURCE PLANNING › Rule 515-3-4-.07 - Supply-Side Resource Certificate Filing Requirements and Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Certification
				of Long-Term Supply-Side Resources. The Utility shall file an application for
				certification of a Supply-side Resource as required by O.C.G.A. Section
				46-3A with the Commission
				(twenty-five copies). The application for review and approval of the
				certificate shall clearly identify:
(a) The
				name of the applicant(s) and address(es) of the principal place of business of
				the applicant(s);
(b) The name,
				title, address, voice phone, and facsimile phone number of the person
				authorized to receive notices and communications with respect to the
				application;
(c) The location(s)
				that the public may inspect a copy of the application;
(d) Requests by the utility that any
				information utilized in the plan which the utility deems trade secret be filed
				in accordance with the Commission's Trade Secret Rule
				515-3-1-.11; and
(e) Hearing and Review of Supply-Side
				Resource Certificate Applications.
1.
				Proceedings. The Commission shall commence a hearing no sooner than thirty days
				after receipt of fees related to the utility's completed application for
				certification of a Supply-Side Resource. A completed application must include
				all information required by these Rules as appropriate, as well as
				documentation that all applicable state and federal permits required to
				complete the project have been secured, or in the event that the permit is
				unsecurable until an appropriate later phase of project completion, the
				application process must have been initiated in accordance with applicable
				federal, state or local statutes;
2. Completeness of the Utility Certificate
				Application. The Commission shall determine whether the utility certificate
				application filing is complete within thirty days following the initial
				submission of the certificate application by the utility. The Commission will
				inform the utility of substantive defects in the content of the certificate
				application filing which would materially affect the Commission's ability to
				continue the certificate application review process. If the Commission finds as
				a matter of fact that the utility certificate application is not complete, by
				Order of the Commission the review process may be stayed until the utility has
				submitted a complete certificate application.
3. Fees. Within sixty days after receipt of
				the completed application, the Commission shall establish a fee therefor and
				notify the applicant. Upon receipt of the fee from the applicant, the
				Commission shall continue its review of the certificate application;
4. Waiver of Information. If, after a
				good-faith effort, the utility cannot provide the data required by these rules,
				the utility must request a waiver, in writing. This request must be filed no
				less than 60 days prior to the filing of the certificate application. The
				utility must publish in appropriate media of mass dissemination that it has
				applied for a waiver. The request shall include:
(i) Reference to the requirement for
				information that is the subject of the waiver request;
(ii) An explanation of the reasons the
				required information was impractical to supply; and
(iii) Proposed substitute information, if
				applicable;
If no waiver is granted, materials must be filed as required
				  in the rules.
5.
				Standard for Approval. Based upon the evidence of record presented at the
				hearing on the application, the Commission shall render a decision either
				approving the application, approving it subject to stated conditions, approving
				it in part and rejecting it in part, rejecting it as filed, or providing an
				alternate capacity resource certification within one hundred eighty days of
				receipt of fees related to the utility's completed application. A utility's
				application shall be approved if found to be in the public interest and to
				substantially comply with these regulations.
A utility's application relative to a contract to buy
				  capacity or energy from an exempt wholesale generator that is an affiliate or
				  associate of the applying utility shall not be approved unless the Commission
				  determines:
(i) That the Commission
				has sufficient regulatory authority, resources and access to books and records
				of the applicant utility and any relevant associate, affiliate or subsidiary
				company to exercise its duties under this section of the Commission's Rules and
				under the Energy Policy Act of 1992, Section 711, adding new section 32(k) to
				the Public Utility Holding Company Act of 1935,
				15 U.S.C. Section
				79
et seq.
;
(ii) That the proposed transaction:
(I) Will benefit consumers;
(II) Does not violate any State
				law;
(III) Would not provide the
				exempt wholesale generator any unfair competitive advantage by virtue of its
				affiliation or association with the electric utility company applicant;
				and
(IV) Is in the public
				interest.
(iii)
				Reciprocal arrangements among companies that are not affiliates or associate
				companies of each other that are entered into in order to avoid the provisions
				of this subparagraph or Section 32k of the Public Utility Holding Company Act
				of 1935 as amended are prohibited.