Ohio Administrative Code

(A) The applicant shall file a preapplication notification letter with the board at least twenty-one days prior to the date of any public informational meeting(s) held pursuant to paragraph (B) of this rule. The preapplication notification letter shall include the following infor…

(A) A project that qualifies for accelerated review by the board and is an associated facility of a major utility facility that is subject to filing as a standard certificate application with the board may be included in the standard certificate application.(B) Electric generatio…

All standard certificate applications shall include fully developed information on the proposed sites or routes. A standard certificate application for an electric transmission line or gas pipeline should also identify a proposed alternative route together with a brief explanatio…

(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 determi…

(A) Except as provided in paragraph (B) of this rule:(1) Upon receipt of notification from the chairperson that the standard certificate application is complete or where the application is deemed complete by operation of law, the applicant shall:(a) Serve a copy of the accepted, …

After a determination from the chairperson that the standard certificate application is complete, the board or administrative law judge shall promptly fix the date(s) for the public hearing(s) and notify the parties. The completeness date shall not be later than as described in p…

(A) After a determination from the chairperson that the standard certificate application is complete, the applicant shall, in addition to the newspaper publication requirement in division (C) of section 4906.06 of the Revised Code, give two notices of the proposed utility facilit…

(A) The applicant shall file a copy of the initial notice with the board within fourteen days after the notice is sent.(B) The applicant shall provide proof of the second public notice to the board at least three days before the public hearing by filing a copy of the notice sent …

(A) The applicant shall submit to the board any applications for amendment to a pending accepted, complete application in accordance with rule 4906-3-06 or 4906-6-06 of the Administrative Code.(1) Each application for amendment shall specifically identify the portion of the pendi…

(A) The board's expenses associated with the review, analysis, processing, and monitoring of applications made pursuant to Chapters 4906-1 to 4906-7 of the Administrative Code shall be borne by the person submitting the application. The board's expenses shall also include all exp…

(A) The applicant shall notify the board, through timely filings made in the docket of the case, of the date on which construction will begin, the date on which construction was completed, and the date on which the facility began commercial operation.(B) The certificate shall bec…

(A) Prior to commencement of any construction activities, the applicant shall inform affected property owners and residents of the nature of the project, specific contact information of personnel who are familiar with the project, the proposed schedule for project construction an…

Within thirty days of any change to the corporate structure to the immediate owners of a certificate holder, the certificate holder shall notify the board of such change by filing notification of the change in the case docket in which the certificate was granted. Last updated May…

At the board's discretion, any certificate granted by the board may be transferred to another person, subject to the requirement that the person agrees to comply with the terms, conditions, and modifications contained within the certificate. An application for board approval of a…

(A) This chapter sets forth the rules governing standard certificate applications for electric generation facilities, electric power transmission lines, and gas pipelines.(B) The board may, upon its own motion, or upon an application or motion filed by a party, waive any requirem…

The applicant shall provide a summary of the proposed project consistent with that presented at public informational meetings. The summary should be suitable as a reference for state and local governments and for the public. Examples of relevant information for inclusion in the p…

(A) For all applications:(1) In addition to the requirements specific to the projects described herein, applicants shall provide a proposed project schedule in Gantt chart format covering all major project activities and milestones. Examples of scheduling information for inclusio…

(A) The applicant shall describe the selection of the project area. Examples of information that are relevant to this description include:(1) A description of the study area or the geographic boundaries of the area considered for development of the project, including the rational…

(A) The applicant shall provide a description of the proposed electric power transmission lines or gas pipelines, as well as switching, capacity, metering, safety, and other equipment pertinent to the operation of the proposed electric power transmission lines and gas pipelines a…

(A) The applicant shall state the current and proposed ownership status of the proposed facility, including leased and purchased land, rights-of-way, structures, and equipment.(B) The applicant shall provide information regarding construction costs. Examples of relevant construct…

(A) The information requested in this rule is used to determine whether the facility will comply with regulations for air and water pollution, solid and hazardous wastes, and aviation. Where appropriate, the applicant may substitute all or portions of documents filed to meet fede…

(A) The applicant shall provide information on health and safety. Examples of relevant information include:(1) Equipment safety. A description of the safety and reliability of all equipment, including:(a) How the facility will be constructed, operated, and maintained to comply wi…

The following requirements apply to renewable energy generation facilities, and amendments to this rule apply only to applications filed after the rule's effective date.(A) Construction, location, use, maintenance, and change.(1) Adherence to other regulations. Construction and o…

(A) Telephone notice of incidents.(1) Wind farm operators should notify the board's executive director by calling: 1-844-OHCALL1 (1-844-642-2551), as well as local law enforcement and first responders on all incidents involving a wind turbine, within thirty minutes after discover…

(A) This chapter sets forth the requirements for the filing of an accelerated certificate application.(B) The board may, upon its own motion, or upon an application or motion filed by a party, waive any requirement of this chapter other than a requirement mandated by statute. Las…

(A) Except as provided in paragraphs (C) and (D) of rule 4906-6-03 of the Administrative Code, an accelerated certificate application shall be submitted as either a letter of notification application or a construction notice application, as outlined in the appendix to rule 4906-1…

(A) A letter of notification application is due not less than ninety days before the planned commencement of construction. A letter of notification for which the applicant requests expedited processing shall be filed not less than twenty-eight days before planned commencement of …

(A) At least five business days prior to submitting an expedited application, the applicant shall request a case number and file a preapplication notification letter with the board. Relevant information for inclusion in the preapplication notification letter is: a description of …

(A) Accelerated certificate applications shall comply with the form and content requirements outlined in Chapter 4906-2 of the Administrative Code.(B) Letter of notification and construction notice applications shall contain all data and information necessary to evaluate the requ…

(A) An accelerated application is deemed complete as follows:(1) The board, its executive director, or the administrative law judge shall notify the applicant of any deficiencies in an accelerated application. Absent such notification, the application is considered to be complete…

(A) Upon filing of accelerated applications, the applicant shall:(1) Serve a copy of the application, either electronically or by portable solid-state drive, on the chief executive officer of each municipal corporation, county, township, and the head of each public agency charged…

(A) Within seven days of the filing of a letter of notification application, the applicant shall give public notice in newspapers of general circulation in the project area and shall supply the board with proof of such publication no later than thirty days from the date of public…

(A) Upon good cause, the board, its executive director, or the administrative law judge may suspend consideration of an accelerated certificate application for up to ninety days.(B) If the board, its executive director, or the administrative law judge assigned by the board acts t…

(A) Staff shall recommend an automatic approval date for an accelerated application in its written report of investigation to the board, unless staff recommends suspension of the automatic approval date. The recommended automatic approval date shall be no sooner than seven calend…

(A) Applicants who file accelerated certificate applications with the board may begin construction of projects reported in the applications after the date that automatic approval occurs or upon the approval by the board.(B) Applicants shall file a notice with the board at least s…

(A) Unless otherwise ordered by the board, its executive director, or the administrative law judge, the filing, notifications, informational requirements, and processing timelines for an accelerated application for an amendment to a certificate issued under a letter of notificati…

(A) This chapter sets forth the rules for compliance monitoring, including payment of forfeitures.(B) The board may, upon its own motion, or upon an application or motion filed by a party, waive any requirement of this chapter other than a requirement mandated by statute. Last up…

(A) Upon finding reasonable grounds, the board shall initiate a proceeding to investigate an alleged violation of section 4906.98 of the Revised Code.(B) The board shall conduct a violation proceeding under sections 4906.97 and 4906.98 of the Revised Code, and in accordance with …

(A) All forfeitures, compromise forfeitures and payments made pursuant to stipulations shall be paid by certified check or money order made payable to "Treasurer of the state of Ohio, general revenue fund," and shall be designated by case number.(B) All forfeitures, compromise fo…

(A) By April thirtieth for the first three years after a generation facility certified by the board begins commercial operation, the certificate holder shall docket, in its certificate case, an annual report addressing information for the calendar year preceding the date of the r…

(A) Except as provided in rule 4906-7-04 of the Administrative Code, a certificate holder shall, within thirty days of its discovery, docket a written report of any violation of section 4906.98 of the Revised Code in its certificate case. Each written report shall include:(1) A d…

(A) This rule does not apply to a facility subject to rule 4906-4-10 of the Administrative Code where those rules would require reporting of an incident as defined in this rule.(B) For purposes of this rule, "incident" includes but is not limited to an event occurring at the site…

(A) Each certificate holder shall allow properly identified representatives of the board, including, but not limited to, compliance staff or its contractors, to inspect the operations of a certificated facility at any time. Inspections may include, but are not limited to, all mat…

(A) Governing board composition.(1) The governing board shall be comprised of nine members. Three governing board members shall represent labor; three shall represent residential consumers; and three shall represent family farmers.(2) No more than five members of the governing bo…

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or ot…

For personal information systems, whether manual or computer systems, that contain confidential personal information, the agency shall do the following:(A) Criteria for accessing confidential personal information. Personal information systems of the agency are managed on a "need-…

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the office of the Ohio consumers' counsel (OCC) exercise of its powers or duties, for which only employees of the agency may acc…