Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 45 - Wind Energy › Section 165:35-45-4 - Notification of intent to build a wind energy facility and other notices

Current through Vol. 41, No. 20, July 1, 2024
(a) Within six (6)
				months of the initial filing with the FAA, the owner of a wind energy facility
				shall electronically submit to the PUD Director all initial 7460-1 forms for
				all individual wind turbines or any other individual structure that requires a
				FAA Form 7460-1 that is part of a wind energy facility, an attestation of
				compliance with the provisions of 17 O.S. § 160.20(A), and a map of the
				project boundary. Within thirty (30) days of the initial filing with the FAA,
				the owner of a wind energy facility shall submit copies of all initial 7460-1
				forms for individual wind turbines and other individual structures that require
				a 7460-1 that are part of a wind energy facility to the Aeronautics
				Commission.
(b) PUD shall provide
				the owner of a wind energy facility with affirmation of submission of the
				notification of intent to build by either providing proof of receipt stamp or
				confirmation of receipt if submission is made electronically.
(c) The owner of the wind energy facility
				shall send copies of the notification with the board of county commissioners of
				every county in which all or a portion of the wind energy facility is to be
				located within twenty-four (24) hours of submission with the Commission. If all
				or a portion of the wind energy facility is to be located within the
				incorporated area of a municipality, copies of the notification shall also be
				sent to the governing body of the municipality within twenty-four (24) hours of
				submission with the Commission.
(d)
				Within six (6) months of submitting the notification with the Commission as
				provided for in subsection (a) of this section, the owner of the wind energy
				facility shall cause a copy of the notification to be published in a newspaper
				of general circulation in the county or counties in which all or a portion of
				the wind energy facility is to be located. Proof of publication shall be
				submitted to the PUD Director.
(e)
				Within sixty (60) calendar days of publishing the notification in a newspaper
				as provided for in subsection (f) of this section, the owner of the wind energy
				facility shall hold a public meeting. Notice of the public meeting shall be
				published in a newspaper of general circulation and submitted to the board of
				county commissioners in the county or counties in which all or a portion of the
				wind energy facility is to be located. The notice shall contain the place, date
				and time of the public meeting. Proof of publication of the notice shall be
				submitted to the PUD Director. The public meeting shall be held in one of the
				counties in which all or a portion of the wind energy facility is to be
				located.
(f) If the owner of a wind
				energy facility is required to file subsequent 7460-1 forms with the FAA due to
				changing locations or heights of individual structures from the locations or
				heights originally proposed in the initial 7460-1 forms submitted to the
				Oklahoma Aeronautics Commission, the owner shall, within ten (10) calendar days
				of filing with the FAA, submit such subsequent 7460-1 forms to the Corporation
				Commission and Aeronautics Commission. A wind energy facility owner shall not
				be required to start the notification processes over unless the subsequent
				7460-1 forms expand the project beyond its original project boundary submitted
				to the Corporation Commission.
(g)
				The owner of a wind energy facility shall not commence construction on the
				facility until the notification and public meeting requirements of this section
				have been met. If an owner of a wind energy facility fails to submit the
				information as required in this section, the owner shall be subject to an
				administrative penalty from the Commission not to exceed One Thousand Five
				Hundred Dollars ($1,500) per day, per violation following hearing and issuance
				of a final order of the Commission.
(h) No individual wind turbine or any other
				individual structure that requires a FAA 7460-1 form that is part of a wind
				energy facility may be constructed or expanded unless there is an active
				Determination of No Hazard from the FAA and adverse impacts to the United
				States Department of Defense, pursuant to Title 32 of the Code of Federal
				Regulations, Section 211.6, have been resolved as evidenced by documentation
				from the Clearinghouse for the individual wind turbine or other individual
				structure. The Mission Compatibility Certification Letter or successor form may
				serve as such evidence of adverse impacts being resolved with the Department of
				Defense or successor agency. Determinations of No Hazard and documentation of
				the resolution of adverse impacts to the Department of Defense shall be
				submitted by the owner of a wind energy facility to the Corporation Commission
				and the Aeronautics Commission.
(i)
				If an owner of a wind energy facility fails to submit an active Determination
				of No Hazard and documentation that adverse impacts to the Department of
				Defense have been resolved by the Clearinghouse for the individual turbine or
				other individual structure prior to the start of construction, the owner shall
				be subject to an administrative penalty not to exceed One Thousand Five Hundred
				Dollars ($1,500.00) per day, per violation from the Corporation
				Commission.
(j) All notices,
				notifications, Determinations of No Hazard, and proof of compliance with all
				provisions of the Oklahoma Wind Energy Development Act, shall be retained by
				the wind energy developer, for a period of three (3) years after commercial
				operation date; and, upon reasonable request, PUD may inspect these documents
				to ensure compliance.
(k) The owner
				of a wind energy facility shall electronically provide a notice to the PUD
				Director indicating that it has commenced the 60-day notice as required by 17
				O.S. § 160.21(F). Such notice shall be sent to the PUD Director prior to
				commencement of construction of the wind energy facility. The notice to the PUD
				Director shall also include an affirmation that all required notices and
				notifications have been properly provided, and a list of the recipients of all
				required notices and notifications shall be retained by the wind energy
				developer and made available to PUD upon reasonable request.
(l) All submissions shall be submitted
				electronically to PUD, unless prior approval is granted by the PUD
				Director.