California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1709 - Filing of Notices of Intent and Applications for Certification; Data Adequacy Review and Docketing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon the filing of any notice or application for certification, all
					 documentation shall be reviewed by the executive director or a delegatee to
					 determine whether the notice or application for certification contains the
					 information required under section
					 1704 and is therefore complete.
					 The executive director or a delegatee shall take into consideration the timely
					 comments of the Air Resources Board, local air pollution control districts,
					 other agencies, and members of the public prior to the determination of whether
					 the notice or application for certification contains the information required
					 under section
					 1704 and is therefore
					 complete.
(b) No later than 30 days
					 after the receipt of a non-geothermal notice or application and no later than
					 20 days after receipt of a geothermal notice or application for certification,
					 the executive director shall file their recommendation on whether the notice or
					 application for certification contains the information required under section
					 1704 and is therefore
					 complete.
(c) No later than 45 days
					 after receipt of a nongeothermal notice or application for certification, and
					 no later than 30 days after receipt of a geothermal notice or application for
					 certification, the commission shall act upon the executive director's
					 recommendation as to whether the notice or application for certification
					 contains the information specified in Section
					 1704 and is therefore complete. If
					 the commission determines that the notice or application for certification is
					 complete, the notice or application for certification shall be deemed accepted
					 for the purpose of this section on the date that this determination is made. If
					 the commission determines that the notice or application for certification is
					 incomplete, the commission shall indicate, in writing, those parts of the
					 notice or application for certification which fail to meet the information
					 requirements and the manner in which it can be made complete.
(d) If the applicant files additional data to
					 complete the notice or application for certification, the commission shall
					 determine, within 30 days of the receipt of that data, whether the data is
					 sufficient to make the notice or application for certification complete. The
					 notice or application for certification shall be deemed filed on the date when
					 the commission determines the notice or application for certification is
					 complete if the commission has adopted regulations specifying the informational
					 requirements for a complete notice or application for certification, but if the
					 commission has not adopted regulations, the notice or application for
					 certification shall be deemed filed on the last date the commission receives
					 any additional data that completes the notice or application for
					 certification.
(e) On or before
					 acceptance of a notice or application for certification, a committee, a
					 presiding member and a hearing officer shall be designated pursuant to Sections
					 1204(a) and
					 1205 to conduct proceedings on the
					 notice or application.
1. New
						subsection (c), relettering and amendment of former subsection (c) to
						subsection (d), and consecutive relettering of former subsections (d) through
						(h) filed 1-28-81; effective thirtieth day thereafter (Register 81, No.
						5).
2. Amendment filed 1-11-83; designated effective 2-1-83 pursuant
						to Government Code section
						11346.2(d)
						(Register 83, No. 3).
3. Amendment of section heading, text and NOTE
						filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Amendment
						of section heading, subsection (e) and NOTE filed 12-5-2018; operative 1-1-2019
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2018, No. 49).
5. Change without regulatory effect
						amending subsection (b) filed 8-24-2022 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2022, No. 34).
Note: Authority cited: Sections
						  25213
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25211,
						  25502,
						  25504,
						  25516.6,
						  25520,
						  25522,
						  25540.1
						  and
						  25540.2,
						  Public Resources Code.