Kentucky Administrative Regulations › Title 807 - ENERGY AND ENVIRONMENT CABINET PUBLIC SERVICE COMMISSION › Chapter 5 - Utilities › Section 807 KAR 5:100 - Application fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				278.702,
				278.704,
				278.706,
				278.708,
				278.710,
				278.712,
				278.714,
				278.716
NECESSITY, FUNCTION, and CONFORMITY:
				KRS
				278.702 authorizes the Kentucky State Board
				on Electric Generation and Transmission Siting.
				KRS
				278.702(3) requires the
				permanent members of the board to promulgate administrative regulations in
				accordance with KRS Chapter 13A to implement
				KRS
				278.700 to
				278.716.
				KRS
				278.706(3) requires that
				application fees for a construction certificate shall be established by the
				board and deposited into a trust and agency account to the credit of the
				Kentucky Public Service Commission.
				KRS
				278.706(5) requires the
				board to promulgate administrative regulations establishing fees to cover the
				expenses associated with review of applications filed pursuant to
				KRS
				278.700 to
				278.716.
				KRS
				278.706(5) also requires
				that, if a majority of the members of the board find that an applicant's
				initial fees are insufficient to pay the board's expenses for review of the
				application, including the board's expenses associated with legal review of the
				application, the board shall assess a supplemental application fee to cover the
				additional expenses.
				KRS
				278.706(5) requires that an
				applicant's failure to pay a fee assessed pursuant to
				KRS
				278.706 shall be grounds for denial of the
				application.
				KRS
				278.714(6)(a) requires the
				board to promulgate administrative regulations to establish an application fee
				for a construction certificate for nonregulated electric transmission lines and
				carbon dioxide transmission pipelines. This administrative regulation
				establishes an initial application fee for each type of application filed with
				the board and specifies the method by which a supplemental fee shall be
				assessed.
Section 1. Application Fee to
			 be Filed with an Application to Construct a Merchant Electricity Generating
			 Plant. A person seeking to obtain a certificate to construct a merchant
			 electricity generating plant shall submit with the application submitted in
			 accordance with
			 807 KAR 5:110
			 to the Kentucky State Board on Electric Generation and Transmission Siting, at
			 the offices of the Kentucky Public Service Commission, 211 Sower Boulevard,
			 Frankfort, Kentucky, an initial application fee of $1,000 per megawatt of
			 electricity generating capacity, based on the manufacturer's nameplate rated
			 capacity of the proposed construction, except that the initial application fee
			 for each application for each plant shall be in an amount not less than $40,000
			 and not more than $200,000.
Section
			 2. Application Fee to be Filed with an Application to Construct a
			 Nonregulated Transmission Line. A person seeking board approval of construction
			 of a nonregulated transmission line shall file with the application submitted
			 in accordance with
			 807 KAR 5:110
			 to the board a fee of fifty (50) dollars per kilovolt of rated capacity per
			 mile of length, except that the initial application fee shall be in an amount
			 not less than $10,000 and not more than $200,000.
Section 3. Application Fee to be Filed with
			 an Application to Construct a Carbon Dioxide Transmission Pipeline. A person
			 seeking board approval of construction of a carbon dioxide transmission
			 pipeline shall file with the application submitted in accordance with
			 807 KAR 5:110
			 to the board a fee of $500 per mile of length, except that the initial
			 application fee shall be in an amount not less than $10,000 and not more than
			 $200,000.
Section 4. Application
			 Fee to be Filed with an Application to Transfer a Certificate to Construct a
			 Merchant Electricity Generating Facility. A person seeking board approval to
			 transfer a right or obligation associated with a certificate granted by the
			 board to construct a merchant electricity generating facility shall file with
			 the application submitted in accordance with
			 807 KAR 5:110
			 to the board, an initial application fee of $5,000.
Section 5. Supplemental Application Fee.
(1) No sooner than thirty (30) days after an
			 application has been filed and no later than sixty (60) days after issuance of
			 the board's final decision on an application or, if an applicant has sought
			 judicial review in accordance with
			 KRS
			 278.712(5), no later than
			 sixty (60) days after all appeals of the board's decision have been exhausted,
			 the board shall assess a supplemental application fee to cover an expense
			 related to review of an application filed pursuant to
			 KRS
			 278.704,
			 278.710,
			 or
			 278.714,
			 for which the initial application fee is insufficient.
(2) The supplemental fee shall be assessed by
			 order containing an accounting of each expense for which the supplemental fee
			 is assessed.