West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-30 - Rules Governing Siting Certificates for Exempt Wholesale Generators
Section 150-30-4 - Application
Universal Citation: 150 WV Code of State Rules 150-30-4
Current through Register Vol. XLI, No. 13, March 29, 2024
4.1. In addition to Form No. 1, a completed application shall include the following:
4.1.1. Project summary and
24-2-1(d)
generating facility overview. In general, the summary should be suitable as a
reference for state and local governments and for the public. The summary and
overview shall include the following:
4.1.1.a. A statement explaining the general
purpose of the
24-2-1(d)
generating facility;
4.1.1.b. A
description of the proposed
24-2-1(d)
generating facility;
4.1.1.c. A
list of all required government (state, local, federal) approvals and/or
permits for the
24-2-1(d)
generating facility, and the filing status of each.
4.1.1.d. An explanation of the project
schedule; and
4.1.1.e. Information
filed by the applicant in response to the requirements of this section shall be
deemed responses to any other section of the application requirements provided
that a cross-reference notation is included in both locations.
4.1.2. Description of
24-2-1(d)
generating facility.
4.1.2.a. Where
applicable, for each generation unit, the type of unit, estimated net
demonstrated capability, heat rate, expected annual capacity factor and
expected hours of annual generation for each year of the first five years of
operation;
4.1.2.b. Total
24-2-1(d)
generating facility land area requirement;
4.1.2.c. Where applicable, fuel quantity. If
dual fueled, provide quantity of each fuel. Indicate the maximum amount of fuel
expected to be consumed in one hour at peak output and the expected amount of
fuel consumed per year.
4.1.2.d.
Fuel Storage. Indicate how much, if any, of each kind of fuel will be stored on
and off site. Discuss the details of such storage arrangements including the
expected number of days of fuel to be stored.
4.1.2.e. A list of expected air emissions and
water discharges and, for each, the name of the federal and/or state regulatory
authority from which a permit must be obtained, or, a statement that no permits
from other federal and/or state regulatory authorities are required for those
emissions and discharges.
4.1.2.f.
Water requirement, source of water, treatment, quantity of any discharge and
names of receiving streams;
4.1.3. A list of any interconnection studies
required and the timetable for completion of those studies.
4.1.4. The projected date for placement of
the 24-2-1(d)
generating facility in service.
4.1.5. Technical data.
4.1.5.a. An aerial photograph for a one-mile
radius from the boundaries of the
24-2-1(d)
generating facility(ies). This photograph shall have been taken no earlier than
one (1) year prior to the date the Siting certificate application is filed and
the proposed facility location(s) should be clearly marked. The scale of the
photograph must be indicated on the photograph.
4.1.5.b. Design and construction. Elevation
view engineering drawings based on information on the proposed layout on the
most current engineering design plans for the
24-2-1(d)
generating facility, depicting the major structures and installations to be
located thereon. With respect to any transmission line, the applicant shall
provide plan view drawings depicting the alignment of the transmission line,
transmission tower locations and likely variations thereof. Applicant shall
also include elevation view drawings of the type of transmission tower likely
to be used.
4.1.5.c. Site
activities. A description of the proposed site preparation and reclamation
operations, including:
4.1.5.c.1. Test
boring;
4.1.5.c.2. Removal of
vegetation;
4.1.5.c.3. Grading and
drainage provisions;
4.1.5.c.4.
Access roads;
4.1.5.c.5. Removal
and disposal of debris; and
4.1.5.c.6. Post-construction
reclamation.
4.1.5.d.
Future plans.
4.1.5.d.1. A statement that the
Applicant intends to be the entity that will own and operate the
24-2-1(d)
generating facility into the future.
4.1.5.d.2. A description of any plans for
future additions of generating units for the site, including the type and
timing; and the maximum generating capacity anticipated for the site.
4.1.5.d.3. A description of post useful life
demolition, removal, disposal, and restoration plans for facilities.
4.1.5.e. Equipment.
4.1.5.e.1. Generating equipment. A
description of the proposed major generating equipment.
4.1.5.e.2. Emission control and safety
equipment.
4.1.5.e.2.A. A description of all
proposed major flue gas emission control equipment, including tabulations of
expected efficiency, power consumption, and operating costs for supplies and
maintenance;
4.1.5.e.2.B. A
discussion of the reliability of the equipment and the reduction in efficiency
for partial failure;
4.1.5.e.2.C. A
description of the equipment proposed for control of effluents discharged into
water bodies and receiving streams; and
4.1.5.e.2.D. A description of all proposed
major public safety equipment.
4.1.5.e.3. A description of any other major
equipment not discussed in paragraphs 4.1.5.e.2.C. and 4.1.5.e.2.D. of this
rule.
4.1.5.f. Maps.
4.1.5.f.1. 5-mile radius Map. An ANSI size D
map(s) of 1 inch: 4800 feet scale or larger containing at least a 5-mile radius
from, and depicting, the proposed
24-2-1(d)
generating facility and transmission lines, and showing the following features:
4.1.5.f.1.A. Major population centers and
geographic boundaries;
4.1.5.f.1.B.
Major transportation routes and utility corridors;
4.1.5.f.1.C. Bodies of water which may be
directly affected by the proposed
24-2-1(d)
generating facility;
4.1.5.f.1.D.
Topographic contours;
4.1.5.f.1.E.
Major institutions;
4.1.5.f.1.F.
Incorporated communities; areas officially designated as public or private
recreational areas, parks, forests, hunting or fishing areas, or similar
facilities; historic scenic areas or places; places of religious worship;
archaeological places; or places otherwise of cultural significance, including
districts, sites, buildings, structures and objects which are recognized by,
registered with, or identified as eligible for registration by the National
Registry of Historic Places, or any state agency;
4.1.5.f.1.G. Land use and classifications;
including residential, urban, manufacturing, commercial, mining,
transportation, utilities, wetland, forest and woodland, pasture and crop
land;
4.1.5.f.2. 1-Mile
Radius Proposed
24-2-1(d)
generating facility map. An ANSI size D map(s) of 1 inch: 2000 feet scale or
larger, which shall include the generation facility and transmission line site
and at least a 1-mile radius thereof. This map shall show the following
features:
4.1.5.f.2.A. The
24-2-1(d)
generating facility;
4.1.5.f.2.B.
Individual structures and installations required for construction or operation
of the 24-2-1(d)
generating facility that are outside the boundaries of the
24-2-1(d)
generating facility.
4.1.5.f.2.C.
Fuel, waste, and other storage facilities associated with the
24-2-1(d)
generating facility;
4.1.5.f.2.D.
Fuel and waste processing facilities, if any, associated with the
24-2-1(d)
generating facility;
4.1.5.f.2.E.
Water supply and sewage lines required by the
24-2-1(d)
generating facility;
4.1.5.f.2.F.
Transmission lines;
4.1.5.f.2.G.
Substations, switchyards, and transformers into which transmission lines will
connect;
4.1.5.f.2.H.
Transportation facilities and access roads, required for the construction or
operation of the
24-2-1(d)
generating facility;
4.1.5.f.2.I.
Grade elevations where modified during construction of the
24-2-1(d)
generating facility; and
4.1.5.f.2.J. Other pertinent installations
dedicated to the construction or operation of the
24-2-1(d)
generating facility.
4.1.5.g. Impact. The applicant shall identify
and describe the impact of the
24-2-1(d)
generating facility on any public utilities, including but not limited to water
utilities, sewer utilities, electric utilities, commercial solid waste
facilities, natural gas utilities, and telephone utilities. The applicant shall
further identify and describe the impact of the
24-2-1(d)
generating facility on other generating facilities whether or not
utility-owned.
4.1.5.h. Rendering
of project.
4.1.5.h.1. Still renderings from
all scenic overlooks and project views that will be most evident to the public,
and which are accessible to the applicant, from which the
24-2-1(d)
generating facility will be visible after construction.
4.1.5.h.2. Still renderings which show
structures at ground level shall include a scaled representation of a 6 foot
tall figure in near proximity to such structures to allow the viewer to clearly
see the scale of the project structures.
4.1.5.i. Hydrology.
4.1.5.i.1. The natural and the man-affected
water budgets, including the ten-year mean and critical (lowest seven-day flow
in ten years) surface flows and the mean and extreme water tables during the
past ten years, to the extent records exist, for each surface water body and
sub-surface water sources likely to be directly affected by the proposed
24-2-1(d)
generating facility;
4.1.5.i.2.
Existing maps of aquifers which may be directly affected by the proposed
24-2-1(d)
generating facility;
4.1.5.i.3. A
description of how the project and the water use identified in Rule 4.1.2.f.
will affect the identified water sources.
4.1.5.j. Financial and Economic data.
4.1.5.j.1. Debt and Equity Capital.
4.1.5.j.1.A. Estimates of the amounts of debt
and equity capital for the project.
4.1.5.j.1.B. A description of any agreements
with public entities and whether such agreements would transfer to a future
purchaser(s) of the
24-2-1(d)
generating facility.
4.1.5.j.1.C.
If the project will have any funding from public sources, either initially or
in the future, the amount and terms for such funding must be fully disclosed.
Such disclosure shall include a listing of each source of public funding, a
description of the public funding and a copy of the written agreement(s)
setting forth the terms and conditions for the public funding. For purposes of
this paragraph, public funding shall include:
4.1.5.j.1.C.1. loans, grants or contributions
from the State or Federal government, any sub-division of the State or any
public Board, Commission or similar entity;
4.1.5.j.1.C.2. leases or other uses of
property owned by the State, any sub-division of the State or any public Board,
Commission or similar entity;
4.1.5.j.1.C.3. abatement of any
taxes.
4.1.5.j.2. Local and State Economic Impact.
Estimates of the effect of the project on the local and state economy as well
as the model used to derive the estimates. Such estimates shall cover the
construction phase of the project and the ongoing impacts after construction.
Such estimates shall include but not be limited to:
(i) the impact on local employment (including
the number and expected payroll value of added jobs), both directly and
indirectly related to the project;
(ii) the impact on all local and state taxes,
both directly and indirectly related to the project;
(iii) the impact on local commercial business
activity including tourism;
(iv)
the impact on area property values; and
(v) the impact on existing infrastructure.
The baseline data used to provide this information shall come from existing
sources, and the applicant is not required to conduct new demographic or
socio-economic research.
4.1.5.k. Environmental data.
4.1.5.k.1. Species. With respect to the
geographic area where the
24-2-1(d)
generating facility will be located, an affidavit listing any and all permits
that the applicant will be required to obtain from the US Fish and Wildlife
Service, the West Virginia Department of Natural Resources, or any other
government authority, with respect to threatened or endangered species. The
affidavit shall include a statement that the applicant will comply with all
permitting, and/or "taking" requirements of such other governmental
agencies.
4.1.5.k.2. View.
4.1.5.k.2.A. Operation.
4.1.5.k.2.A.1. A description of the expected
impacts of
24-2-1(d)
generating facility operations on the viewshed within a one-mile radius of the
proposed 24-2-1(d)
generating facility;
4.1.5.k.2.A.2.
A description of the expected impacts of
24-2-1(d)
generating facility operations on the viewshed within a five-mile radius of the
proposed 24-2-1(d)
generating facility;
4.1.5.k.2.A.3.
For structures higher than 300 feet, a description of the expected impacts of
operation on the viewshed within a 20-mile radius around the proposed
24-2-1(d)
generating facility;
4.1.5.k.2.A.4.
A description of any plans to mitigate the impact of operations on the
viewshed.
4.1.5.k.3. Noise.
4.1.5.k.3.A. Preconstruction. A noise
exposure map of the noise present prior to construction containing contour
lines of equal noise at and up to one mile from the
24-2-1(d)
generating facility's property line. The increment of equal noise levels will
be no more than 3db. Noise will be shown as average Day-Night Sound Levels
(DNL). Noise events during the night (Defined as 10:00pm to 6:59am) shall be
weighted (or penalized) by 10db to reflect the greater perceived impact of
noise during the night. The base line noise study conducted to develop this map
shall be no less than seven days including Saturday and Sunday. The map shall
show all noise sensitive areas within one mile of the
24-2-1(d)
generating facility's property line and shall indicate whether such structure
is residential, commercial or industrial. Current land uses shall also be
designated.
4.1.5.k.3.B. Operation.
4.1.5.k.3.B.1. A predictive noise study and a
noise exposure map of the noise expected to be present during operation
containing contour lines of equal noise at and up to one mile from the
24-2-1(d)
generating facility's property line. The increment of equal noise levels will
be no more than 3db. Noise will be shown as average DNL. The noise exposure map
will take into account all aspects of operation including but not limited to
generating equipment, processing equipment and associated road traffic during
operations. Noise events during the night (Defined as 10:00pm to 6:59am) shall
be weighted (or penalized) by 10db to reflect the greater perceived impact of
noise during the night.
4.1.5.k.3.B.2. The map shall show all noise
sensitive areas within one mile of the
24-2-1(d)
generating facility's property line and shall indicate whether each structure
is residential, commercial or industrial. Current land uses should also be
designated.
4.1.5.k.3.B.3. A
description of equipment and procedures to mitigate the effects of noise
emissions from the proposed
24-2-1(d)
generating facility during operation.
4.1.5.k.3.B.4. For purposes of the predictive
noise study and maps, noise sensitive areas shall include, but not be limited
to, hospitals, schools, residences, cemeteries, parks, and places of religious
worship.
4.1.5.k.4. Traffic.
4.1.5.k.4.A. Preconstruction. A description
of existing pre-construction traffic near the site to provide baseline traffic
calculations.
4.1.5.k.4.B.
Construction.
4.1.5.k.4.B.1. A description of
any substantial increases in traffic levels expected on a daily and hourly
basis;
4.1.5.k.4.B.2. A map showing
each road described and the location of the access points to those roads into
or out of the
24-2-1(d)
generating facility.
4.1.5.k.4.B.3.
A description of any plans to mitigate the impact of any substantial increases
in traffic with respect to traffic sensitive areas within a 5-mile radius of
the proposed
24-2-1(d)
generating facility during construction.
4.1.5.k.4.C. Operation.
4.1.5.k.4.C.1. A description of any
substantial increases in traffic levels expected on a daily and hourly basis on
roads within a 5-mile radius of the proposed
24-2-1(d)
generating facility;_
4.1.5.k.4.C.2. Provide a map showing each
road described and the location of the access points to those roads into or out
of the 24-2-1(d)
generating facility;
4.1.5.k.4.C.3.
A description of any plans to mitigate the effects of substantial increases in
traffic attributable to project operations with respect to traffic sensitive
areas within a 5-mile radius of the proposed
24-2-1(d)
generating facility.
4.1.5.l. Land Uses.
4.1.5.l.1. Identification of structures that
will be removed or relocated;
4.1.5.l.2. A description of formally adopted
plans for future use of the site and surrounding lands for anything other than
the proposed
24-2-1(d)
generating facility.
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