Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-66 - Amending, transferring, or terminating a site certification agreement › Section 463-66-100 - Transfer of a site certification agreement

Current through Register Vol. 24-14, July 15, 2024
No site certification agreement, any portion of a site
				certification agreement, nor any legal or equitable interest in such an
				agreement issued under this chapter shall be transferred, assigned, or in any
				manner disposed of (including abandonment), either voluntarily or
				involuntarily, directly or indirectly, through transfer of control of the
				certification agreement or the site certification agreement owner or project
				sponsor without express council approval of such action. In the event a site
				certification agreement is to be acquired via a merger, leveraged buy-out, or
				other change in corporate or partnership ownership, the successor in interest
				must file a formal petition under the terms of this section to continue
				operation or other activities at the certificated site.
(1) A certification holder seeking to transfer or otherwise
				dispose of a site certification agreement must file a formal application with
				the council including information about the new owner required by WAC
				463-60-015 and
				463-60-075 that demonstrate the
				transferee's organizational, financial, managerial, and technical capability to
				comply with the terms and conditions of the original site certification
				agreement including council approved plans for termination of the plant and
				site restoration. The council may place conditions on the transfer of the
				certification agreement including provisions that reserve liability for the
				site in the original certification holder.
(2) If the certification holder is seeking an alternative
				disposition of a certificated site, the certification holder must petition the
				council for an amendment to its site certification agreement pursuant to the
				provisions of this chapter and gain council approval of its alternative
				disposition plan. In submitting a request for an alternative disposition of a
				certificated site, the certification holder must describe the operational and
				environmental effects of the alternative use of the site on the certified
				facility. If the proposed alternative use of the site is inconsistent with the
				terms and conditions of the original site certification agreement the council
				may reject the application for alternative use of the site.
(3) The council shall require any person who submits an
				application to acquire a site certification agreement under provisions of this
				section to file a written consent from the current certification holder, or a
				certified copy of an order or judgment of a court of competent jurisdiction,
				attesting to the person's right, subject to the provisions of
				chapter
				80.50 RCW et seq. and the
				rules of this chapter, to possession of the energy facility involved.
(4) After mailing a notice of the pending application for
				transfer of the site certification agreement to all persons on its mailing
				list, the council shall hold an informational hearing on the application.
				Following the hearing the council may approve an application for transfer of
				the site certification agreement if the council determines that:
(a) The applicant satisfies the provisions of WAC
				463-60-015 and
				463-60-075;
(b) The applicant is entitled to possession of the energy
				facility described in the certification agreement; and
(c) The applicant agrees to abide by all of the terms and
				conditions of the site certification agreement to be transferred and has
				demonstrated it has the organizational, financial, managerial, and technical
				capability and is willing and able to comply with the terms and conditions of
				the certification agreement being transferred.