Current through Reg. 49, No. 12; March 22, 2024
(a)
Applications. Prior to the construction or operation of a proposed state agency
cogeneration facility, a state agency shall file an application with the
council. The council's written approval of an application must be received
before construction or operation of a proposed state agency cogeneration
facility may commence.
(1) State agencies can
obtain application forms from the council by requesting such forms in writing
from the chairman or administrative support staff.
(2) State agencies may expend such staff and
funding resources as is reasonable and necessary to complete the application
form. State agencies shall not expend significant resources beyond a
preliminary design phase in pursuit of a cogeneration project until notified in
writing by the council that said project has been approved. Seven copies of the
application forms shall be filed with the chairman.
(3) The chairman or staff shall, not more
than seven days after an application is received, acknowledge receipt of same
in writing to the applicant, and send a copy of such application to each
council member.
(4) The council may
request additional information from the applicant which the council finds
necessary to fulfill its duties of technical and economic review. The council
may reject as incomplete any application which in its opinion does not contain
sufficient information with which to perform a valid analysis. The council
shall inform the proposing agency of its reasons for rejection of an incomplete
application. A rejected application shall be deemed void.
(b) Council action. The council shall review
the economic and technical merits of a proposed state cogeneration project and
approve or disapprove the project in writing within six months of filing of an
application not otherwise deemed incomplete under subsection (a)(4) of this
section. The six-month time period shall begin only after the application is
accepted as complete with all the information required for the council to make
a decision. Incomplete applications may be returned to the applicant for
further information.
(1) The council will
only consider those issues related to the economic and technical feasibility of
a particular project.
(2) The size
and design of a proposed state agency cogeneration project shall be limited to
that necessary to economically supply the cogenerating state agency,
considering the optimum balance of annual thermal and electrical energy
requirements, and including agency approved expansions.
(3) The council may make its decision
contingent on fulfillment of special provisions.
(4) The council shall inform the proposing
agency in writing of its reason(s) for approval or disapproval.
(5) Upon approval of the application, the
state agency may commence final design, construction, or operation of the
cogeneration facility.
(6) State
agencies may protest any finding of the council by a letter to the chairman.
All such protests shall be resolved by formal vote of the council within 30
days of receipt by the council of such protest.
(7) Any state agency which cancels or
abandons a cogeneration facility approved by the council must notify the
council in writing within 60 days of termination of the project stating its
reasons for abandonment or termination.