Current through Register Vol. 39, No. 6, September 16, 2024
(a) Scope of Rule.
(1) This rule applies to an application for a
certificate of public convenience and necessity pursuant to
G.S.
62-110.1(a) by any person
seeking to construct a merchant plant in North Carolina.
(2) For purposes of this rule, the term
"merchant plant" means an electric generating facility, other than one that
qualifies for and seeks the benefits of
16 U.S.C.A.
824a-3 or
G.S.
62-156, the output of which will be sold
exclusively at wholesale and the construction cost of which does not qualify
for inclusion in, and would not be considered in a future determination of, the
rate base of a public utility pursuant to
G.S.
62-133.
(3) Persons filing under this rule are not
subject to the requirements of Rule R8-61 or R8-64.
(b) Application. The application shall
contain the exhibits listed below, which shall contain the information
hereinafter required, with each exhibit and item labeled as set out below. Any
additional information may be included at the end of the application.
(1) Exhibit 1 shall contain the following
information about the applicant:
(i) The full
and correct name, business address, business telephone number and electronic
mailing address of the applicant;
(ii) A description of the applicant,
including the identities of its principal participant(s) and officers, and the
name and business address of a person authorized to act as corporate agent or
to whom correspondence should be directed;
(iii) A copy of the applicant's most recent
annual report to stockholders, which may be attached as an exhibit, or, if the
applicant is not publicly traded, its most recent balance sheet and income
statement. If the applicant is a newly formed entity with little history, this
information should be provided for its parent company, equity partner, and/or
the other participant(s) in the project; and
(iv) Information about generating facilities
in the Southeastern Electric Reliability Council region which the applicant or
an affiliate has any ownership interest in and/or the ability to control
through leases, contracts, options, and/or other arrangements and information
about certificates that have been granted for any such facilities not yet
constructed.
(2) Exhibit
2 shall contain the following information about the proposed facility:
(i) The nature of the proposed generating
facility, including its type, fuel, expected service life, and the gross, net,
and nameplate generating capacity of each generating unit and the entire
facility, as well as the facility's total projected dependable capacity, in
megawatts (alternating current); the anticipated beginning date for
construction; the expected commercial operation date; and estimated
construction costs;
(ii) A color
map or aerial photo (a U.S. Geological Survey map or aerial photo map prepared
via the State's geographic information system is preferred) showing the
proposed site boundary and layout, with all major equipment, including the
generator, fuel handling equipment, plant distribution system, startup
equipment, planned and existing pipelines, planned and existing roads, planned
and existing water supplies, and planned and existing electric
facilities;
(iii) The E911 street
address, county in which the proposed facility would be located, and GPS
coordinates of the approximate center of the proposed facility site to the
nearest second or one thousandth of a degree.
(iv) In the case of natural gas-fired
facilities, a map showing the proximity of the facility to existing natural gas
facilities; a description of dedicated facilities to be constructed to serve
the facility; and any filed agreements, service contracts, or tariffs for
interstate pipeline capacity;
(v) A
list of all needed federal, state, and local approvals related to the facility
and site, identified by title and the nature of the needed approval; a copy of
such approvals or a report of their status; and a copy of any application
related to eligible facility and/or exempt wholesale generator status pursuant
to Section 32 of the Public Utility Holding Company Act of 1935 (PUHCA), as
amended by the Energy Policy Act of 1992, including attachments and subsequent
amendments, if any; and
(vi) A
description of the transmission facilities to which the facility will
interconnect, and a color map showing their general location. If additional
facilities are needed, a statement regarding whether the applicant would need
to acquire rights-of-way for new facilities.
(3) Exhibit 3 shall provide a description of
the need for the facility in the state and/or region, with supporting
documentation.
(4) The application
shall be signed and verified by the applicant or by an individual duly
authorized to act on behalf of the applicant.
(5) The application shall be accompanied by
pre-filed direct testimony incorporating and supporting the
application.
(6) The Chief Clerk
will deliver a copy of the application to the Clearinghouse Coordinator in the
Department of Administration for distribution to State agencies having an
interest in the proposed generating facility.
(7) Contemporaneous with the filing of the
application with the Commission, all applicants proposing a generating facility
that will use natural gas must provide written notice of the filing to the
natural gas local distribution company or municipal gas system providing
service or franchised to provide service at the location of the proposed
generating facility.
(c)
Confidential Information. If an applicant considers certain of the required
information to be confidential and entitled to protection from public
disclosure, it may designate said information as confidential and file it under
seal. Documents marked as confidential will be treated pursuant to applicable
Commission rules, procedures, and orders dealing with filings made under seal
and with nondisclosure agreements.
(d) Procedure upon Receipt of Application. No
later than ten (10) business days after the application is filed with the
Commission, the Public Staff shall, and any other party in interest may, file
with the Commission and serve upon the applicant a notice regarding whether the
application is complete and identifying any deficiencies. If the Commission
determines that the application is not complete, the applicant will be required
to file the missing information. Upon receipt of all required information, the
Commission will promptly issue a procedural order setting the matter for
hearing, requiring public notice, and dealing with other procedural
matters.
(e) The Certificate.
(1) The certificate shall specify the name
and address of the certificate holder; the type, capacity, and location of the
facility; and the conditions, if any, upon which the certificate is
granted.
(2) The certificate shall
be subject to revocation if (a) any of the federal, state, or local licenses or
permits required for construction and operation of the generating facility not
obtained or, having been obtained, are revoked pursuant to a final,
non-appealable order; (b) required reports or fees are not filed with or paid
to the Commission; and/or (c) the Commission concludes that the certificate
holder filed with the Commission information of a material nature that was
inaccurate and/or misleading at the time it was filed; provided that, prior to
revocation pursuant to any of the foregoing provisions, the certificate holder
shall be given thirty (30) days' written notice and opportunity to
cure.
(3) The certificate must be
renewed if the applicant does not begin construction within three years after
the date of the Commission order granting the certificate.
(4) A certificate holder must notify the
Commission in writing of any plans to sell, transfer, or assign the certificate
and the generating facility.
(f) Reporting. All applicants must submit
annual progress reports and any revisions in cost estimates, as required by
G.S.
62-110.1(f) until
construction is completed.
NCUC Docket No. E-100,
Sub 85, 05/21/01; 07/27/01; 11/06/01; NCUC Docket No. E-100, Sub 134, 07/30/12;
NCUC Docket No. E-100, Sub 134, 11/04/14.
