reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-12 - Application fees and board expenses

Current through all regulations passed and filed through July 1, 2024
(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
						  cost
Fee
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-up
One percent of the estimated
						  cost of the preferred route, not to exceed $85,000
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-14 - Preconstruction requirements

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-15 - Change in corporate structure

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-16 - Change in certificate holder

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-01 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This
			 chapter sets forth the rules governing standard certificate applications for
			 electric generation facilities, electric power
			 transmission lines, and gas pipelines.
(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.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-02 - Project summary and applicant information

Current through all regulations passed and filed through July 1, 2024
The applicant shall provide a summary
				of the proposed project consistent with that presented at public informational
				meetings. The summary should be suitable as a reference for state and local
				governments and for the public. Examples of relevant information for inclusion
				in the project summary are:
(A)
								A statement explaining the purpose of the
			 facility.
(B)
								A description of the location, size, acreage, and
			 operating characteristics of the proposed facility.
(C)
								A discussion of
			 the suitability of the site or route for the proposed facility.
(D)
								A description of
			 the applicant's history, affiliate relationships, and current operations, and a
			 description of the entity that will construct and operate the facility, if
			 different from the applicant.
(E)
								For a proposed
			 electric generation facility, a description of any plans for future additions
			 of electric power generation units for the site and region (including the type
			 and timing) and the capacity anticipated for the site.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-03 - Project description in detail and project schedule in detail

Current through all regulations passed and filed through July 1, 2024
(A)
								For all applications:
(1)
									In addition to
			 the requirements specific to the projects described herein, applicants shall
			 provide a proposed project schedule in Gantt chart format covering all major
			 project activities and milestones. Examples of scheduling information for
			 inclusion are the timing of the:
(a)
										Preparation of the application.
(b)
										Acquisition of
			 rights-of-way, land, and land rights.
(c)
										Submittal of the
			 application for certificate.
(d)
										Issuance of the
			 certificate.
(e)
										Preparation of the final design.
(f)
										Construction of
			 the facility.
(g)
										Placement of the facility in service.
(h)
										For a proposed
			 electric power transmission line or gas pipeline, receipt of grid
			 interconnection studies and other critical path milestones for project
			 construction.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-04 - Project area selection and site design

Current through all regulations passed and filed through July 1, 2024
(A) The applicant shall describe the
			 selection of the project area.
(1) The
			 applicant shall provide a description of the study area or the geographic
			 boundaries of the area considered for development of the project, including the
			 rationale for the selection.
(2)
			 The applicant shall provide a map of suitable scale that depicts the boundary
			 of the study area and the general sites which were evaluated.
(3) The applicant shall provide a
			 comprehensive list and description of all qualitative and quantitative siting
			 criteria utilized by the applicant, including any weighting values assigned to
			 each.
(4) The applicant shall
			 provide a description of the process by which the applicant utilized the siting
			 criteria to determine the proposed project area and any alternative
			 area(s).
(5) The applicant shall
			 provide a description of the project area(s) selected for evaluation, and the
			 factors and rationale used by the applicant for selecting the proposed project
			 area and any alternative area(s).
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-05 - Electric grid interconnection

Current through all regulations passed and filed through July 1, 2024
(A)
								The applicant
			 shall provide a description of the proposed electric power transmission lines
			 or gas pipelines, as well as switching, capacity, metering, safety, and other
			 equipment pertinent to the operation of the proposed electric power
			 transmission lines and gas pipelines and associated facilities, including any
			 provisions for future expansion. Examples of information relevant to future use
			 and expansion include a description of:
(1)
									For electric
			 power transmission lines:
(a)
										Design voltage.
(b)
										Tower designs,
			 pole structures, conductor size and number per phase, and insulator
			 arrangement.
(c)
										Base and foundation design.
(d)
										Cable type and
			 size, where underground.
(e)
										Other major equipment or special
			 structures.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-06 - Economic impact and public interaction

Current through all regulations passed and filed through July 1, 2024
(A)
								The applicant
			 shall state the current and proposed ownership status of the proposed facility,
			 including leased and purchased land, rights-of-way, structures, and
			 equipment.
(B)
								The applicant shall provide information regarding
			 construction costs. Examples of relevant construction cost information
			 include:
(1)
									Estimates of applicable capital and intangible costs for the
			 facility and various applicable alternatives that is classified according to
			 federal energy regulatory commission uniform system of accounts prescribed by
			 the public utilities commission of Ohio for utility companies, unless the
			 applicant is not an electric light company, a gas company or a natural gas
			 company as defined in Chapter 4905. of the Revised Code (in which case, capital
			 and intangible costs classified in the accounting format ordinarily used by the
			 applicant in its normal course of business). Examples of relevant cost
			 estimates include:
(a)
										Land and land rights.
(b)
										Structures and
			 improvements.
(c)
										Substation equipment.
(d)
										Poles and
			 fixtures.
(e)
										Towers and fixtures.
(f)
										Overhead
			 conductors.
(g)
										Underground conductors and insulation.
(h)
										Underground-to-overhead conversion
			 equipment.
(i)
										Pipes.
(j)
										Valves, meters,
			 boosters, regulators, tanks, and other equipment.
(k)
										Right-of-way
			 clearing and roads, trails, or other access.
(l)
										Any other
			 material cost items.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-07 - Compliance with air, water, solid waste, and aviation regulations

Current through all regulations passed and filed through July 1, 2024
(A) The information requested in this rule
			 
								is
			 used to determine whether the facility will comply with regulations for air and
			 water pollution, solid and hazardous wastes, and aviation. Where appropriate,
			 the applicant may substitute all or portions of documents filed to meet
			 federal, state, or local regulations. Existing data may be substituted for
			 physical measurements.
(B) The
			 applicant shall provide information on compliance with air quality regulations.
			 Examples of information relevant to this determination
			 include:
(1)
									
									Information regarding preconstruction air quality
			 and permits, including:
(a)
										Available information concerning the ambient air
			 quality of the proposed project area and any proposed alternative project
			 area(s).
(b)
										
										A
			 description of the air pollution control equipment for the proposed
			 facility. Stack gas parameters including temperature and all air pollutants
			 regulated by the federal or state environmental protection agency
			 
										as
			 described for each proposed fuel. These parameters 
										apply
			 to
										 each electric power generation
			 unit proposed for the facility. Include tabulations of expected efficiency,
			 power consumption, and operating costs for supplies and maintenance. Describe
			 the reliability of the equipment and the reduction in efficiency for partial
			 failure.
(c)
										
										A
			 description of applicable federal and/or Ohio new source performance
			 standards (NSPS), applicable air quality limitations, applicable national
			 ambient air quality standards (NAAQS), and applicable prevention of significant
			 deterioration (PSD) increments.
(d)
										
										A
			 list of all required permits to install and operate air pollution sources. If
			 any such permit(s) have been issued more than thirty days prior to the
			 submittal of the certificate application,  a list of all special conditions or concerns
			 attached to the permit(s).
(e)
			 Except for wind farms and solar facilities,
			  a map of at least 1:100,000 scale
			 containing:
(i) The location and elevation
			 (ground and sea level) of Ohio environmental protection agency primary and
			 secondary air monitoring stations or mobile vans which supplied data used by
			 the applicant in assessing air pollution potential.
(ii) The location of major present and
			 anticipated air pollution point sources.
(f)
										
										A description
			 of how the proposed facility will achieve compliance with the
			 requirements identified in paragraphs (B)(1)(c) and (B)(1)(d) of this
			 rule.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-08 - Health and safety, land use and ecological information

Current through all regulations passed and filed through July 1, 2024
(A) The applicant shall provide information
			 on health and safety. Examples of relevant information
			 include:
(1) Equipment safety.
			 
									A description of the safety and reliability of
			 all equipment, including:
(a)
										How the facility will be constructed, operated, and
			 maintained to comply with the requirements of applicable state and federal
			 statutes and regulations, including, but not limited to, the national
			 electrical safety code, applicable occupational safety and health
			 administration regulations, U.S. department of transportation gas pipeline
			 safety standards, and Chapter 4901:1-16 of the Administrative
			 Code.
(b)
										
										All proposed major public safety equipment.
(c)
										
										The reliability of the equipment.
(d)
										
										The generation equipment manufacturer's safety
			 standards,
			 including
										 a complete copy of
			 the manufacturer's safety manual or similar document and any recommended
			 setbacks from the manufacturer.
(e)
										
										The measures that will be taken to restrict public
			 access to the facility.
(f)
										
										The fire protection, safety, and medical emergency
			 plan(s) to be used during construction and operation of the facility, and how
			 such plan(s) will be developed in consultation with local emergency
			 responders.
(g)
										The sensitive receptor considerations, ensuring that
			 sensitive receptor index numbering is the same for all reports and maps listing
			 sensitive receptors.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-10 - Notice and reports of incidents involving wind farm facilities

Current through all regulations passed and filed through July 1, 2024
(A) Telephone
			 notice of incidents.
(1) Wind farm operators
			 should notify the board's executive director by calling: 1-844-OHCALL1
			 (1-844-642-2551), as well as local law enforcement and first responders on all
			 incidents involving a wind turbine, within thirty minutes after discovery
			 unless notification within that time is impracticable under the
			 circumstances.
(2) For purposes of
			 this rule incidents include events where:
(a) There is injury to any person.
(b) There is damage to property other than
			 the property of the wind farm operator.
(c) Where an event such as tower collapse,
			 turbine failure, thrown blade or hub, collector or feeder line failure, ice
			 throw, or nacelle fire, causes damage to the wind farm operator's property that
			 is estimated to exceed fifty thousand dollars, excluding the cost of
			 electricity lost, which is the sum of the estimated cost of material, labor,
			 and equipment to repair and/or replace the operator's damaged
			 property.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-01 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This
			 chapter sets forth the requirements for the filing of an accelerated
			 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.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-02 - Types of accelerated applications

Current through all regulations passed and filed through July 1, 2024
(A) An accelerated certificate application
			 shall be submitted as either a letter of notification application or a
			 construction notice application, as outlined in the appendix to rule
			 4906-1-01 of the Administrative
			 Code.
(B) If a project meets the
			 requirements of both a letter of notification application and construction
			 notice application, a letter of notification application shall be
			 filed.
(C) If a project that
			 qualifies for accelerated review is an associated facility of another project
			 or projects subject to accelerated review before the board, the projects may be
			 combined into one accelerated certificate application. These applications
			 should be in the same form, meaning that if any of the associated projects
			 require a letter of notification application, the combined application
			 
								should
			 follow the requirements for letter of notification applications outlined in
			 this chapter.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-03 - Filing of an accelerated application

Current through all regulations passed and filed through July 1, 2024
(A) A letter of
			 notification application shall be filed not less than ninety days before the
			 planned commencement of construction. A letter of notification for which the
			 applicant requests expedited processing shall be filed not less than
			 twenty-eight days before planned commencement of construction. For good cause
			 shown, the applicant may request a shorter automatic approval date than the
			 ninety or twenty-eight day requirement.
(B) A construction
			 notice shall be filed not less than ninety days before planned commencement of
			 construction. A construction notice for which the applicant requests expedited
			 processing shall be filed not less than twenty-one days before planned
			 commencement of construction. For good cause shown, the applicant may request a
			 shorter automatic approval date than the ninety or twenty-one day
			 requirement.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-04 - Requests for expedited treatment and fees

Current through all regulations passed and filed through July 1, 2024
(A)
								At least five
			 business days prior to submitting an expedited application, the applicant shall
			 request a case number and file a preapplication notification letter with the
			 board. Relevant information for inclusion in the preapplication notification
			 letter is: a description of the project; the location of the project or
			 locations of the project termini if the project is a transmission line or
			 pipeline; contact information for the subject matter expert responsible for the
			 application that staff could contact for answers to questions; an anticipated
			 project schedule; and any requests for expedited processing. If an applicant
			 fails to file a preapplication notification letter, the expedited processing of
			 its application will not begin until five business days after its application
			 is filed.
(B)
								If an
			 applicant requests expedited processing of an accelerated certificate
			 application, in addition to filing the preapplication notification letter, and
			 application with the docketing division, the applicant shall:
(1) Serve a copy of the application on the
			 board's executive director or the executive director's designee at or before
			 the filing of the expedited application by hand delivery or overnight courier
			 service.
(2) Pay a fee of two
			 thousand dollars due at the time of the filing. This payment is in addition to
			 the payment due pursuant to paragraph (C) of this rule.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-06 - Completeness of accelerated certificate applications, staff investigation, and staff report

Current through all regulations passed and filed through July 1, 2024
(A) The
			 board, its executive director, or the administrative law judge shall notify the
			 applicant of any deficiencies in an accelerated application. Absent such
			 notification, the application is considered to be complete and filed on the
			 date on which it was submitted to the board. If the application is found to be
			 deficient, the application is not deemed to be filed until the board, its
			 executive director, or the administrative law judge determines that all
			 deficiencies have been corrected.
(B) Staff 
								will conduct an
			 investigation of each accelerated certificate application and submit a written
			 report no less than seven calendar days prior to the automatic approval
			 date
								that does the
			 following:
(1)
									
									Sets forth the nature of the investigation and
			  contain recommended findings with
			 regard to section 4906.10 of the Revised
			 Code.
(2)
									
									Becomes part of the record and
			  be provided to board members, the
			 administrative law judge assigned to the case, the applicant, and all persons
			 who have become parties to the proceedings. Copies shall be made available to
			 any person upon request.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-07 - Service and public distribution of accelerated certificate applications

Current through all regulations passed and filed through July 1, 2024
(A) Upon filing of
			 accelerated applications, the applicant shall:
(1) Serve a copy of the application, either
			 electronically or by portable solidstate 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.
(2) Place a copy of the 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 section
			 4906.06 of the Revised Code. If
			 a notice is provided, that notice shall state that an electronic or paper copy
			 of the 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 application.
(3) Maintain on
			 its website information as to how to request an electronic or paper copy of the
			 application. Upon request for a paper copy of the application, the applicant
			 shall supply the copy within five business days and at no more than
			 cost.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-08 - Public notice for letter of notification applications

Current through all regulations passed and filed through July 1, 2024
(A) Within seven days of the filing of a
			 letter of notification application, the applicant shall give public notice in
			 newspapers of general circulation in the project area and shall supply the
			 board with proof of such publication no later than thirty days from the date of
			 publication. The applicant is permitted to correct any inadvertent failure of
			 service or publication, provided substantial compliance with these requirements
			 is met. The 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
			 Proposed Major Utility Facility" in bold letters not less than one-fourth inch
			 high or thirty-point type. The notice shall contain the following information:
(1) The name and a brief description of the
			 proposed facility, including type and capacity.
(2) A map showing the location and general
			 layout of the proposed facility.
(3) A list of officials served with copies of
			 the application.
(4) A list of
			 public libraries that were sent paper copies or notices of availability of the
			 application, and other readily accessible locations (including the applicant's
			 website and the website, mailing address, email address, and telephone number
			 of the board) where copies of the application are available for public
			 inspection.
(5) A statement,
			 including the assigned docket number, that a letter of notification to
			 construct, operate, and maintain said facility is now pending before the
			 board.
(6) A statement explaining
			 that interested persons may file motions to intervene and/or file comments
			 within ten days of the date of publication, in accordance with rule
			 4906-2-12 of the Administrative
			 Code.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-09 - Suspension of accelerated certificate applications

Current through all regulations passed and filed through July 1, 2024
(A)
								 Upon good cause,
			 the board, its executive director, or the administrative law judge may suspend
			 consideration of an accelerated certificate application for up to ninety
			 days.
(B)
								 If the board, its executive director, or the
			 administrative law judge assigned by the board acts to suspend an accelerated
			 certificate application, the board, its executive director, or the
			 administrative law judge will docket its decision and notify the applicant of
			 the reasons for such suspension and may direct the applicant to furnish any
			 additional information as the board, its executive director, or the
			 administrative law judge deems necessary to evaluate the accelerated
			 certificate application.
(C)
								 Once an accelerated certificate application has been
			 suspended, the board will act to approve, modify, or deny the accelerated
			 certificate application within ninety days from the date that the application
			 was suspended. The board or administrative law judge may, at its discretion,
			 set the matter for hearing.
Replaces: part of 4906-5-02
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4906.03,
				4906.06
Prior
				Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03,
				1/25/09
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-10 - Automatic approval of accelerated applications

Current through all regulations passed and filed through July 1, 2024
(A) Staff shall recommend an automatic
			 approval date for an accelerated application in its written report of
			 investigation to the board, unless staff 
								recommends suspension of
			 the automatic approval date. The recommended automatic approval date shall be
			 no sooner than seven calendar days after the filing of the written report of
			 investigation and no later than ninety days after the filing date of the
			 application.
(B) If the board does
			 not act upon a letter of notification or construction notice and/or waiver
			 request on or prior to the automatic approval date set forth in the staff
			 report, the letter of notification or construction notice and/or waiver request
			 shall be deemed automatically approved, subject to any conditions contained in
			 the staff report, on the day after the date set forth in the staff
			 report.
(C) Any conditions included
			 in a staff report that are not objected to by an applicant prior to the
			 automatic approval date established in paragraphs (A) and (B) of this rule,
			 shall be deemed automatically adopted by the board, administrative law judge,
			 or executive director as conditions on the certificate of environmental
			 compatibility and public need. If an applicant files a written objection or
			 proposes an alternative condition to any condition proposed in a staff report
			 with the board at least three days prior to the automatic approval date, such
			 condition shall only be effective if specifically recommended by the staff in
			 an amended staff report and adopted by the board within the time permitted for
			 consideration of the application provided in division (F) of section
			 4906.03 of the Revised Code. No
			 condition proposed in the staff report that is timely objected to by an
			 applicant shall become effective unless the board specifically adopts such
			 condition.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-11 - Construction of approved projects and notification of construction

Current through all regulations passed and filed through July 1, 2024
(A) Applicants who file accelerated
			 certificate applications with the board may begin construction of projects
			 reported in the applications after the date that automatic approval occurs or
			 upon the approval by the board.
(B)
			 Applicants shall file a notice with the board at least seven days in advance of
			 beginning construction of the involved project .
(C) Prior to
			 commencement of construction, the applicant shall inform affected property
			 owners and 
								residents of the nature of the project, specific
			 contact information of applicant 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.
(D)
			 Applicants shall file a notice with the board within seven days following
			 completion of the involved project.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-6 - Accelerated Certificate Applications › Section 4906-6-12 - Amendments and expiration of certificates

Current through all regulations passed and filed through July 1, 2024
(A)
								 Unless otherwise
			 ordered by the board, its executive director, or the administrative law judge,
			 the filing, notifications, informational requirements, and processing timelines
			 for an accelerated application for an amendment to a certificate issued under a
			 letter of notification or construction notice application shall be determined
			 by referring to the appropriate appendix to rule
			 4906-1-01 of the
			 Administrative Code. Such amendment application shall use the letter of
			 notification or construction notice docketing code. In such application, the
			 applicant shall reference the case docket in which the certificate was
			 granted.
(B)
								 If a continuous course of construction has not
			 commenced within three years of the accelerated application approval date, the
			 board's approval of the project shall automatically expire. After the
			 expiration of the board's approval, the applicant must submit the project for
			 approval under the board's rules that exist at that time to commence
			 construction.
Replaces: part of 4906-5-10
Effective: 12/11/2015
Five Year
				Review (FYR) Dates: 11/30/2020
Promulgated Under:
				111.15
Statutory
				Authority: 4906.03
Rule
				Amplifies: 4906.03,
				4906.06
Prior
				Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 1/25/09,
				6/19/09
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-7 - Enforcement Investigations and Payment of Forfeitures › Section 4906-7-01 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This
			 chapter sets forth the rules for compliance
			 monitoring,
								
								including payment of
			 forfeitures.
(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.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-7 - Enforcement Investigations and Payment of Forfeitures › Section 4906-7-02 - Compliance monitoring by the board

Current through all regulations passed and filed through July 1, 2024
(A) Upon finding reasonable grounds, the
			 board shall initiate a proceeding to investigate an alleged violation of
			 section 4906.98 of the Revised
			 Code.
(B) The board shall conduct a
			 violation proceeding under sections
			 4906.97 and
			 4906.98 of the Revised Code, and
			 in accordance with Chapter 4906-2 of the Administrative Code to the extent not
			 inconsistent with section
			 4906.97 of the Revised
			 Code.
(C) While an alleged
			 violation of section 4906.98 of the Revised Code is
			 under board investigation, the board or its chairperson or designee may order
			 the suspension of the involved activity. A suspension order may be terminated
			 by the board or its chairperson or designee at any time during the board's
			 investigation of the alleged violation.
(D) Unless otherwise ordered by the board or
			 an administrative law judge, the staff of the board shall file with the board,
			 and serve upon the person alleged to have violated section
			 4906.98 of the Revised Code and
			 all other parties, a written report of investigation within twenty-one days
			 after initiation of the involved proceeding. The report shall include the
			 staff's findings on the alleged violation and staff's recommendations for board
			 action.
(E)
								
								Any evidentiary hearing on the alleged
			 violationmay include evidence
			 on corrective action, forfeitures, and other remedies.
(F) The complaining party (which may include
			 staff) shall have the burden to prove the occurrence of the violation, by a
			 preponderance of the evidence.
(G)
			 If, after a hearing, the board finds that a violation of section
			 4906.98 of the Revised Code
			 occurred, the board may order appropriate remedies, which may include one or
			 more of the following:
(1) Direct the person
			 to cease the violation.
(2) Direct
			 the person to comply with the certificate and/or a board order or
			 suspension.
(3) Direct the person
			 to take corrective action and include a date by which such corrective action
			 must be taken or completed.
(4)
			 Assess forfeitures in accordance with sections
			 4906.97 and
			 4906.99 of the Revised
			 Code.
(5) Direct the attorney
			 general to seek enforcement of board orders, including orders assessing
			 forfeitures and appropriate remedies, in state or federal court.
(6) Approve other appropriate
			 remedies.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-7 - Enforcement Investigations and Payment of Forfeitures › Section 4906-7-03 - Payment of forfeitures, compromise forfeitures and payments made pursuant to stipulations regarding compliance monitoring

Current through all regulations passed and filed through July 1, 2024
(A) All forfeitures, compromise forfeitures
			 and payments made pursuant to stipulations shall be paid by certified check or
			 money order made payable to "Treasurer of the state of Ohio, general revenue
			 fund," and shall be designated by case number.
(B) All forfeitures, compromise forfeitures
			 and payments made pursuant to stipulations shall be mailed or delivered to:
			 Ohio Power Siting Board, Fiscal Division, 180 East Broad Street, Columbus, Ohio
			 43215-3793."
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-7 - Enforcement Investigations and Payment of Forfeitures › Section 4906-7-04 - Annual reporting requirement for electric generation facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								By April thirtieth for the first three years after a
			 generation facility certified by the board begins commercial operation, the
			 certificate holder shall docket, in its certificate case, an annual report
			 addressing information for the calendar year preceding the date of the report.
			 Examples of relevant information for inclusion in the annual report are:
(1)
									Facility status:
			 an overview of site conditions, ongoing site restoration, the status of
			 facilities still under construction, and a summary of the operating experience
			 of facilities that are in operation, including a description of any events that
			 occurred during the year that had a significant adverse impact on the
			 facility.
(2)
									Monitoring report: a list and description of all
			 significant monitoring and mitigation activities performed during the reporting
			 period in accordance with site certificate terms and conditions, a summary of
			 the results of those activities, and a discussion of any significant changes to
			 any monitoring or mitigation program, including the reason for any such
			 changes.
(3)
									Compliance report: a report describing the certificate
			 holder's compliance with all certificate conditions that are applicable during
			 the reporting period.
(4)
									Facility modification report: a summary of changes to
			 the facility that the certificate holder implemented during the reporting
			 period without an amendment of the certificate.
(5)
									Status of surety
			 information: documentation demonstrating that bonds or letters of credit as
			 described in the certificate are in full force and effect and will remain in
			 full force and effect for the term of the next reporting
			 period.
(6)
									Incident report: a summary of all incidents, as defined
			 in rules
			 4906-4-10 and
			 4906-7-06 of the Administrative
			 Code, that occurred at the facility during the reporting
			 period.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-7 - Enforcement Investigations and Payment of Forfeitures › Section 4906-7-05 - Reporting violations

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as provided in rule
			 4906-7-04 of the Administrative
			 Code, a certificate holder shall, within thirty days of its discovery, docket a
			 written report of any violation of section
			 4906.98 of the Revised Code in
			 its certificate case. Each written report shall include:
(1)
									A description of
			 the violation.
(2)
									The date and time the violation
			 occurred.
(3)
									The date and time the violation was
			 discovered.
(4)
									All actions taken to address the violation, including a
			 timeline of those actions and other relevant events.
(5)
									The certificate
			 holder's plan to respond to the violation and avoid future similar
			 violations.
(6)
									Any other information relevant to the cause and
			 prevention of any recurrence of the violation.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-7 - Enforcement Investigations and Payment of Forfeitures › Section 4906-7-06 - Self-reporting of incidents for solar electric generation facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule does not apply to a facility subject to rule
			 4906-4-10 of the Administrative
			 Code where those rules would require reporting of an incident as defined in
			 this rule.
(B)
								For purposes of this rule, "incident" includes but is
			 not limited to an event occurring at the site of any generation facility
			 certified by the board where:
(1)
									There is injury to any person that requires medical
			 treatment beyond first aid.
(2)
									There is damage
			 to property other than the property leased or owned by the facility
			 operator.
(3)
									There is damage to the facility operator's property
			 that is estimated to exceed fifty thousand dollars, excluding the cost of
			 electricity lost, which is the sum of the estimated cost of material, labor,
			 and equipment to repair and/or replace the operator's damaged
			 property.
Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-7 - Enforcement Investigations and Payment of Forfeitures › Section 4906-7-07 - Compliance site review

Current through all regulations passed and filed through July 1, 2024
(A)
								Each certificate holder shall allow properly identified
			 representatives of the board, including, but not limited to, compliance staff
			 or its contractors, to inspect the operations of a certificated facility at any
			 time. Inspections may include, but are not limited to, all materials,
			 activities, related or supporting facilities, premises, and records pertaining
			 to construction, operation, and maintenance of the facility.
(B)
								When practical,
			 inspections will occur with prior reasonable notice to the certificate holder
			 such that its representative may accompany compliance staff during any
			 inspection conducted under this rule.
(C)
								The board shall
			 maintain written records of all inspections conducted under this
			 rule.
Ohio Administrative Code › Title 4911 - The Office of the Ohio Consumers' Counsel › Chapter 4911-1 - Governing Board › Section 4911-1-01 - Governing board bylaws

Current through all regulations passed and filed through July 1, 2024
(A) Governing board composition.
(1) The governing board shall be comprised of
			 nine members. Three governing board members shall represent labor; three shall
			 represent residential consumers; and three shall represent family farmers.
(2) No more than five members of
			 the governing board may be members of the same political party.
(3) A majority of the governing board members
			 constitutes a quorum. No action shall be taken without the concurrence of a
			 majority of the full membership of the governing board.