Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-3 - Certificate Applications Generally › Section 4906-3-13 - Construction and operation

Current through all regulations passed and filed through July 1, 2024
(A)
								The applicant shall notify the board, through timely
			 filings made in the docket of the case, of the date on which construction will
			 begin, the date on which construction was completed, and the date on which the
			 facility began commercial operation.
(B)
								The certificate
			 shall become invalid if the applicant has not commenced a continuous course of
			 construction of the proposed facility within five years of the date of issuance
			 of the certificate.
(C)
								An applicant may seek review of a proposed
			 modification(s) of a certificated facility by filing the proposed
			 modification(s) in the public docket of the certificate case and by providing
			 written notification of such filing to staff and all owners and residents of
			 each property that would hold the proposed modified facility, or a portion of
			 the proposed modified facility, or would require an easement for the proposed
			 modified facility. The applicant shall also send a letter to the owner and
			 resident of each property that is separated by a distance of less than forty
			 feet from the aforementioned properties. Unless otherwise ordered by the board
			 or administrative law judge, modification(s) shall not be considered amendments
			 to the certificate if such modification(s) would be minimal in nature and would
			 be adequately addressed by the conditions of the certificate. The applicant's
			 written notification shall reference, and include a copy of, paragraph (D) of
			 this rule. In the filing submitted in the public docket, the applicant shall
			 present its rationale as to why the applicant is seeking the proposed
			 modification(s) and shall demonstrate that the proposed modification(s) would
			 be minimal in nature and would be adequately addressed by the conditions of the
			 certificate. Staff or any interested person may file objections to the
			 applicant's proposal within twenty-one days. If no objections are filed within
			 the twenty-one day period, the applicant may proceed with the proposed
			 modification(s). If objections are filed within the twenty-one day period, the
			 board's staff may subsequently docket its recommendation on the proposal. The
			 board will process proposed modification(s) with filed objections under the
			 suspension process set forth for accelerated applications as outlined in rule
			 4906-6-09 of the Administrative
			 Code. The applicant may start or continue construction activities during review
			 of a proposed modification on any portion or segment of the certificated
			 facility that is not impacted by the proposed modification.
(D)
								Within sixty days
			 after the commencement of commercial operation, the applicant shall submit on
			 the docket of its certificate case a copy of the as-built drawings, subject to
			 any redactions pertaining to critical energy infrastructure information and
			 other facility information protected from public disclosure, for the entire
			 facility. The applicant also shall use reasonable efforts to provide to the
			 board's staff as-built drawings in both hard copy and as
			 geographically-referenced electronic data.
(E)
								Within six months
			 of commencement of operation of the facility, the applicant shall register the
			 as-built locations of the underground electric lines or gas pipelines
			 referenced in the application with the Ohio utilities protection service. The
			 applicant shall also register with the Ohio oil and gas producers underground
			 protection service, if it operates in the project area. Confirmation of
			 registration(s) shall be filed on the docket of the certificate
			 case.
(F)
								Proof of condition compliance shall be provided to
			 staff and filed in the case docket, subject to any protective treatment
			 authorized by board staff or an administrative law judge, in accordance with
			 the timelines established in each respective condition.