Current through all regulations passed and filed through September 16, 2024
(A) Upon
receipt of a standard certificate application for an economically significant
wind farm or major utility facility, excluding those filed under paragraph (B)
of this rule, the chairperson, or the chairperson's designee, shall
examine the certificate application to determine compliance with Chapters
4906-1 to 4906-7 of the Administrative Code. Within sixty days following
receipt, the chairperson or designee shall either:
(1) Accept the standard certificate
application as complete and notify the applicant to
serve and file a certificate of service for the accepted, complete
application.
(2) Reject the
standard certificate application as incomplete and mail
a copy of the completeness decision to the applicant setting forth specific grounds on which the
rejection is based. If an application is determined as incomplete, the applicant
may appeal for redetermination by an administrative law judge.
(B) Upon receipt of a standard
certificate application for a major utility facility which is related to a coal
research and development project as defined in section
1551.01 of the Revised Code, or
to a coal development project as defined in section
1551.30 of the Revised Code,
submitted to the Ohio coal development office for review under division (B)(8)
of section 1551.33 of the Revised Code, the
chairman shall promptly accept the certificate application as complete and
shall notify the applicant to file the accepted, complete application in
accordance with the provisions of rules
4906-3-08 and
4906-3-09 of the Administrative
Code.
(C) Staff
will investigate each accepted, complete application
and submit a written report as provided by division (C) of section
4906.07 of the Revised Code not
less than fifteen days prior to the beginning of public hearings.
(1) The staff report for an economically
significant wind farm or major utility facility, excluding those filed under
paragraph (B) of this rule will describe the nature of the
investigation and
contain recommended findings with
regard to division (A) of section
4906.10 of the Revised Code and
all applicable rules contained in Chapters 4906-1 to 4906-7 of the
Administrative Code.
(2) The staff
report for a major utility facility that is filed under paragraph (B) of this
rule will describe the nature of the investigation and
contain recommended findings with
regard to divisions (A)(2), (A)(3), (A)(5), (A)(6), and (A)(7) of section
4906.10 of the Revised
Code.
(3) The staff report
will be
filed by staff and become part of the official record in the case pursuant to
section 4906.07 of the Revised
Code.
(4) Copies of the staff
report shall be provided to the board members, the administrative law judge
assigned to the case, the applicant,
all persons who have become parties to the proceedings,
and
to any person upon request.
(5) The
chairperson shall cause either a copy of such staff
report or a notice of the availability of such staff report to be placed 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 staff report is available from staff (with instructions as to how to
obtain an electronic or paper copy) and available for inspection at the board's
main office. Staff will also maintain on the board's website information as to
how to request an electronic or paper copy of the staff report. Upon request
for a paper copy of the staff report, staff shall supply the report without
cost.
