At
a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of
Charleston on the 25th day of May, 2005.
GENERAL ORDER NO. 255.1
IN THE MATTER OF RULES RELATING TO SITING
CERTIFICATES
OR MATERIAL
MODIFICATION CERTIFICATES FOR FACILITIES
OPERATED AS EXEMPT WHOLESALE
GENERATORS PURSUANT TO
FEDERAL LAW AND FOR CERTAIN
ELECTRIC GENERATING FACILITIES
On March 8, 2003, the West Virginia
Legislature passed House Bill 2870 specifying the jurisdiction of the West
Virginia Public Service Commission over, and the application of Chapter 24 of
the West Virginia Code, to owners or operators of, and entities intending
to construct, certain exempt wholesale generator facilities and electric
generating facilities. The jurisdiction also extends to owners, operators, or
entities intending to materially modify such facilities. Pursuant to the Bill,
each such facility will require a siting certificate or a certificate for
modification of existing facilities. The Public Service Commission has authority
to establish filing fees, to seek the imposition of civil or criminal penalties,
or both. Furthermore, the Bill permits the Commission to promulgate rules
relating to such siting and material modification certificates. The Bill was
codified in § 24-2-1 and § 24-2-11c of the West Virginia Code.
In view of this new authority, the Commission found it to be in the public interest to institute this General Order proceeding for the purpose of developing applicable rules. The Commission served a copy of this Order on all parties who had participated in prior Commission proceedings involving the certification of exempt wholesale generators, and
invited all interested persons to file comments as to the proposed content of
Commission rules. The Order noted that the rules to be subsequently proposed
would also be subject to public comment.
Accordingly, by Order issued June 2,
2003, the Commission: (1) instituted this General Order; (2) ordered public
notice; and (3) established the first public comment period.
Many interested entities and persons
filed comments on what the Commission's rules should contain.
By Order issued December 18, 2003, the
Commission: (1) issued as proposed legislative rules, Rules Governing Siting
Certificates for Exempt Wholesale Generators, 150 C.S.R. 30; (2) established
a 60-day comment period on the proposed rules; and (3) required the Commission's
Executive Secretary to publish notice and serve parties with a copy of the
Order.
On February 3, 2004, the Conservancy
requested an extension of the initial comment period.
By Order issued February 11, 2004, the
Commission granted an extension of the initial and reply comment periods for all
parties concluding at 4:00 p.m. on March 24, 2004. The Commission also set the
case for hearing to commence Monday, April 19, 2004, at 9:30 a.m. in the
Howard M. Cunningham Hearing Room, Commission offices, 201 Brooks Street,
Charleston, West Virginia. The Commission required the Executive Secretary to
publish statewide notice of the hearing.
Numerous comments to the proposed rules
were filed by interested parties, and reviewed by the Commission.
On April 16, 2004, six parties to this
case filed a Joint Motion requesting the establishment of a task force to
propose consensus rules, in lieu of those proposed by the Commission (Joint
Motion).
Initial and Reply briefs were filed June
11, 2004 and June 25, 2004, respectively.
Summary of Hearing:
The only witness to testify was James
Ellars of Commission Staff. Prior to Mr. Ellars taking the stand, counsel for
Commission Staff stated her agreement that proposed rule 1.5.A., defining the
term EWG facility, should be expanded as proposed by Western Greenbrier
Co-Generation and Big Sandy Peaker Plant, to include the facilities listed at
W.Va. Code § 24-2-1 (c)(3) and (c)(4).
Mr. Ellars is a Chief Utilities Manager
in the Public Service Commission's Engineering Division. Mr. Ellars previously
filed comments with the Commission on February 11, 2004, and those were admitted
into evidence as Staff Exhibit No. 1.
On cross-examination, Mr. Ellars
testified that 300 days is not too long for the Commission to investigate and
analyze a EWG siting application. While it does not take 300 days for Commission
Staff to do its job, due process requirements, including a hearing, take longer.
The time period is necessary for the Commission to fully consider the diverse
interests of the public. (Tr. p. 38-39).The 30-day notice required in the siting
rules may be in the form of a letter. After receipt of the 30-day notice, Staff
may contact the parties for information. (Tr. p. 39).
Staff currently lacks all of the
expertise that would be optimal to fully analyze the various types of EWG
facility applications, but this may depend on the level of detail required of
Staff. The Commission does not employ experts on viewshed analysis, for example.
Depending upon the analysis required of Staff in these rules, additional work
with additional costs may be imposed upon Staff to do its job. (Tr. p. 39-42).
The proposed rules do not attempt to limit the ability of Staff to seek
information over and above the listed information, from the applicant. (Tr. p.
42-43).
The rules, as proposed, do not specify how facilities that reach the end of their useful lives will be removed. Mr. Ellars believes it would be reasonable expectation that once EWG facilities are no longer useful, the land should be returned to “brown field
condition.” (Tr. p. 43-44). Traditional utilities maintain a fund to pay for
demolition and reclamation of old facilities. (Tr. p. 44). Mr. Ellars would have
no objection to the addition of a similar requirement in these rules. Another
alternative would be to make demolition and removal a condition of an issued
siting certificate. (Tr. p. 45).
In response to questioning by Mr. Knee,
Mr. Ellars agreed that in wind turbine projects, for example, if Staff were
provided with all relevant information on viewshed and avian issues at the time
an application was initially filed, Staff would be able to complete its
investigation more quickly. Mr. Ellars supports the addition of an application
checklist to facilitate this point. He noted, however, that sometimes Staff's
interpretation, and an applicant's interpretation of checklist compliance, may
differ. (Tr. p. 46-49).
Mr. Ellars conceded that some of the
proposed rules are inapplicable to certain types of EWG facilities. For example,
Rule 3.1.c.1. would not be applicable to a wind project. (Tr. p. 49-50). The
application checklist should either be technology specific or be all-inclusive
with the understanding that applicants file the appropriate information for the
type of facility that is planned. (Tr. p. 50).
In response to questioning by Mr. Callas,
Mr. Ellars agreed that in prior certificate cases filed under W.Va. Code
§ 24-2-11, when Staff felt that it could not adequately review an application
due to an applicant's non-provision of information on a checklist or as
requested in data requests, Staff has recommended dismissal. Mr. Ellars believes
that Staff makes every effort to accommodate applicants who have trouble
providing all of the necessary information up front. (Tr. p. 54-55).
Staff's goal in requiring information
regarding viewshed is to provide the Commissioners or the Administrative Law
Judges with sufficient information as to the impact of a project on its
surroundings. (Tr. p. 58).
Counsel for the Building and Construction
Trades Foundation; Western Greenbrier and Big Sandy Peaker Plant; American
Electric Power; Atlantic Renewable Energy; Longview Power, LLC; the Commission's
Consumer Advocate Division; Friends of the Allegheny Front; and Florida Power
and Light LLC, made reference to their previously filed comments in this
proceeding.
The Commission ruled from the bench that
the filing of post-hearing briefs would be optional.
Following a discussion among counsel and the Commission as to how the service list might be reduced in this case; and future filings regarding the then-pending motion
to establish a task force, the hearing was adjourned.
Initial post-hearing briefs were filed by
Allegheny Energy Supply; Commission Staff; the Consumer Advocate Division;
American Electric Power; Citizens for Responsible Development; Forks of Cheat
Mountain Property Owners Association; Western Greenbrier Co-Generation, LLC, and
Big Sandy Peaker Plant, LLC; Jarrett F. Jamison III; and West Virginia State
Building and Construction Trades Council.
Reply briefs were filed by Commission
Staff; Larry Brent Dadisman; Western Greenbrier Co-Generation, LLC and Big Sandy
Peaker Plant, LLC; and American Electric Power.
By Order issued January 5, 2005, the
Commission made a number of revisions to its proposed rules based on the
comments and arguments presented to the Commission, as well as the Commission's
own review. Further, the Commission noted that it had recently been made aware
of a report prepared by Governor Wise's Energy Task Force, dated August 2002,
titled “West Virginia' Energy Roadmap 2001-2020,” which was submitted to the
West Virginia Legislature in 2003. The Commission opined that the goals and
action items stated in the Roadmap could directly or indirectly relate to the
Commission's delegated function in issuing siting certificates for facilities
described in W.Va. Code § 24-2-1(c). The Commission did not wish to
promulgate final rules that may conflict with, or be non-supportive of, any
formal State energy policy.
Accordingly, the Commission issued
revised proposed rules, and established a second comment and reply comment
period. The Commission specifically invited the participation of the 2001
Governor's Energy Task Force, the West Virginia Development Office, the
Transition Office of Governor-Elect Manchin, the West Virginia House of
Delegates, and the West Virginia Senate. All entities that previously filed
comments in this case were again invited to file comments, but the Commission
requested that the comments pertain to State energy policy, and not repeat
comments filed during the first comment period.
The following parties filed either initial or reply comments during the second comment period: Citizens for Responsible Development; Forks of Cheat Forest Property Owners Association; Chestnut Woods Association, LLC; GenPower, LLC; US Wind Force, LLC, Mt. Storm Wind Force, LLC, and Liberty Gap Wind Force, LLC; Governor's Energy Task Force by Chairman Pat Esposito; D. Michael Roberts and Viola Riggleman; Jarrett F. Jamison, III; Western Greenbrier Co-Generation, LLC and Big Sandy Peaker Plant, LLC; Commission Staff; CAD; Donald Gasper; West Virginia Development Office; PPM Atlantic Renewable; and West Virginia Highlands
Conservancy.
The Commission has reviewed and
considered both rounds of comments and by this Order promulgates final Rules
Governing Siting Certificates for Exempt Wholesale Generators, 150 C.S.R.
30. The Commission will not address each of the filed comments and will instead
allow the rules to speak for themselves. The Commission does, however, have the
following responses to a few of the filed comments:
Chestnut Woods Association, LLC,
suggested, among other things, that the Commission include a provision to ensure
the availability of resources to carry out the demolition, removal and
restoration of property at the end of the useful life of a facility sited
pursuant to the rules. The Commission notes that its final rule 3.1.g.7.
requires an applicant to furnish the Commission with information on its plans
for post useful life demolition, removal, disposal, and restoration plans for
facilities. Parties to an application proceeding are free to negotiate for other
requirements relating to post useful life plans, or to request that the
Commission make siting authority contingent upon an applicant's providing
adequate assurances regarding such plans.
The West Virginia Development Office
suggested that the Commission should process siting certificate cases in 180
days, rather than taking the 300-day statutory decision period. The Commission
will certainly consider requests to process cases on an expedited schedule
whenever possible.
Several parties objected to the
requirement of rule 3.1.l.2. that applicants provide pro forma financial
statements regarding the project. The Commission will clarify that the financial
statements should pertain to the generation facility business, and not to the
financial condition of the developer.
With regard to comments expressing
concern about an applicant's disclosure of proprietary financial information,
the Commission concludes that the financial information required by the rules is
necessary for the Commission to conduct its public interest analysis pursuant to
statute. While the Commission can afford filed financial information with
proprietary treatment if a request to do so is filed in accordance with the
Commission's Rules of Practice and Procedure, the Commission has no
authority to give blanket protection from Freedom of Information Act (FOIA)
requests. Each FOIA request must be considered and decided on a case-by-case
basis.
The Commission agrees with the suggestion of the West Virginia Development
Office that the 10% cost ceiling on modifications that would not require
Commission approval, should be removed. The other criteria for modifications
that require prior Commission approval are sufficient to protect the public
interest.
1. Following
a hearing and briefing schedule, by Order issued January 5, 2005, the Commission
made a number of revisions to its proposed rules based on the comments and
arguments presented to the Commission, the Commission's own review, and a new
awareness of a report prepared by Governor Wise's Energy Task Force, dated
August 2002, titled “West Virginia' Energy Roadmap 2001-2020.”
2. The
Commission issued revised proposed rules and established a second comment and
reply comment period.
3. The
Commission specifically invited the participation of the 2001 Governor's Energy
Task Force, the West Virginia Development Office, the Transition Office of
Governor-Elect Manchin, the West Virginia House of Delegates, and the West
Virginia Senate. All entities that previously filed comments in this case were
again invited to file comments, but the Commission requested that the comments
pertain to State energy policy, and not repeat comments filed during the first
comment period.
4. The
following parties filed either initial or reply comments during the second
comment period: Citizens for Responsible Development; Forks of Cheat Forest
Property Owners Association; Chestnut Woods Association, LLC; GenPower, LLC; US
Wind Force, LLC, Mt. Storm Wind Force, LLC, and Liberty Gap Wind Force, LLC;
Governor's Energy Task Force by Chairman Pat Esposito; D. Michael Roberts and
Viola Riggleman; Jarrett F. Jamison, III; Western Greenbrier Co-Generation, LLC
and Big Sandy Peaker Plant, LLC; Commission Staff; CAD; Donald Gasper; West
Virginia Development Office; PPM Atlantic Renewable; and West Virginia Highlands
Conservancy.
The Commission has reviewed and
considered both rounds of comments and by this Order promulgates final Rules
Governing Siting Certificates for Exempt Wholesale Generators, 150 C.S.R.
30.
IT IS THEREFORE ORDERED that the
attached Rules Governing Siting Certificates for Exempt Wholesale
Generators, 150 C.S.R. 30, and the forms attached thereto, attached hereto
as Attachment A, are hereby adopted as final Commission legislative rules.
IT IS FURTHER ORDERED that Attachment B
hereto is a blackline version of the final rules, showing changes from the rules
as proposed on January 5, 2005, and the final rules.
IT IS FURTHER ORDERED that the new
Rules Governing Siting Certificates for Exempt Wholesale Generators, and
the forms attached thereto, shall be effective sixty days from the date of this
Order, or on July 25, 2005.
IT IS FURTHER ORDERED that, upon entry
hereof, the Commission's Executive Secretary shall file a copy of this order and
the rules, together with the required forms, with the Secretary of State of West
Virginia.
IT IS FURTHER ORDERED that the
Commission's Executive Secretary shall serve a copy of this order and the
attached blackline version of the rules upon all parties of record in this
proceeding, by First Class United States Mail, and upon Commission Staff by hand
delivery.
IT IS FURTHER ORDERED that
the Executive Secretary shall file a copy of these rules, together with
requisite filing forms, with the Office of the Secretary of State.
IT IS FURTHER ORDERED that this case is
hereby resolved and shall be removed from the Commission's docket of active
cases.
JML/ljm
go2551cg.wpd
§ 150-16-1. General.
1.1. Scope. _ This legislative rule
applies to any entity that intends to construct, or construct and operate, an
electric generating facility or make a material modification to an electric
generating facility as described in W.Va. Code § 24-2-1(c). This rule
does not apply to net-metering facilities covered by tariffs approved by this
Commission in Case No. 02-1495-E-GI.
1.2. Authority. _ W. Va. Code §
24-2-11c.
1.3. Filing Date _ May 25, 2005
1.4. Effective Date _ July 25, 2005
1.5. Definitions.
1.5.a.
EWG facility - An electric generating facility to be located in West Virginia
that has been designated as an exempt wholesale generator under federal law, or
will be so designated prior to commercial operation of the facility. As used
herein, this term shall also include any Transmission support line associated
with the EWG facility.
1.5.b.
Siting certificate _ A certificate issued by the Public Service Commission of
West Virginia authorizing the construction and/or operation of an electric
generating facility that is an exempt wholesale generator in the State.
1.5.c. 24-2-1(c) generating facility _ An electric generating facility, including an EWG facility which is, or will be, located in West Virginia that generates electric energy solely for sale at retail outside this state or solely for sale at wholesale in
accordance with any applicable federal law that preempts state law or solely
for both such sales at retail and such sales at wholesale.
1.5.d.
Transmission support line _ A transmission line of less than 200 thousand volts
that, except for Rule 2.4., would be certificated by the Commission pursuant
to W.Va. Code § 24-2-11, and not pursuant to W.Va. Code §
24-2-11a.
1.6. An applicant for a Siting
certificate may request a waiver of any of the information requirements of Rules
3.1.a. through 3.1.p. of these Rules that is inapplicable to the proposed Siting
certificate. The Commission will consider requests for waiver of Siting
certificate requirements as to distributed energy generation facilities that are
not net metered, on a case by case basis.
1.7. In addition to the information
required by Rules 3.1.a. through 3.1.p., upon request of the Commission or
Commission Staff, the applicant for a Siting certificate shall provide the
Commission or Commission Staff with any additional information pertinent to
Commission review of the Siting certificate. This rule does not impact the
rights of other parties to seek discovery pursuant to the Commission's Rules
of Practice and Procedure, 150 C.S.R. 1.
1.8. An applicant for a Siting
certificate may request that information it files in response to discovery
requests, or pursuant to Rules 3.1.a. through 3.1.p. hereof, be accorded
proprietary treatment. The Commission will review such requests pursuant to
applicable statutory and case law.
§ 150-16-2. Pre-filing and Filing Requirements.
2.1. Any entity intending to file an
application for a Siting certificate pursuant to W.Va. Code § 24-2-11c
shall, at least thirty days prior to the date it intends to file its
application, give the Commission notice of its intent to file an application by
filing with the Commission's Executive Secretary, an original and twelve (12)
copies of, a letter of notification. The Commission may modify or waive this
requirement.
2.2. Thirty days following the filing of a notice of intent pursuant to Rule 2.1., an applicant shall file with the Commission's Executive Secretary an original and twelve (12) copies of its application for a Siting certificate. To be acceptable, an application shall include: (1) a completed Form No. 1 attached to these Rules; (2) a completed Form No. 2. When preparing Form No. 2, the applicant should leave blank the date of the order and the case number. When the Executive Secretary has assigned a case number, a completed Form No. 2 will be issued to the applicant as an order requiring publication of the Notice
of Filing either as a Class I legal advertisement (if the application is for
a Siting certificate and/or a transmission support line) or a Class II legal
advertisement (if the application is for both a Siting certificate and a
certificate of public convenience and necessity to construct an associated
transmission line of 200,000 volts or over). Publication shall be made in
newspapers published and of general circulation in each county in which all or a
portion of the proposed 24-2-1(c) generating facility is located or will be
located and in a newspaper published and of general circulation in Kanawha
County. The applicant shall file affidavits of publication provided by the
newspaper(s) with the Commission as soon as possible after the Notice of Filing
is published.
2.3. When an applicant seeks authority to
construct a 24-2-1(c) generating facility and related transmission facilities of
200,000 volts or greater, the applicant must simultaneously apply for both a
Siting certificate and a certificate of public convenience and necessity under
W.Va. Code § 24-2-11a. When such an application contains both a Siting
certificate application and an application for a certificate of public
convenience and necessity to construct a transmission line of 200,000 volts or
greater the Commission will schedule proceedings to allow it to render its
combined decision in both cases within three hundred (300) days of the
application filing date.
2.4. When an applicant proposes to
construct a Transmission support line, less than 200,000 volts, to be associated
with a 24-2-1(c) generating facility, then the applicant shall not be required
to file a separate application for a certificate of public convenience and
necessity, pursuant to W.Va. Code § 24-2-11. Rather, the Transmission
support line shall be deemed to be an integral part of the 24-2-1(c) generating
facility and will be evaluated by the Commission within the 300 day period set
forth in W.Va. Code § 24-2-11c, within the context of the Siting
certificate application case. However, the applicant must include in its filing
all of the information concerning the transmission line, as if it were a
separate filing.
§ 150-16-3. Application.
3.1. In addition to Form No. 1, a
completed application shall include the following:
3.1.a.
Project summary and 24-2-1(c) 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:
1. A statement explaining the general purpose of the 24-2-1(c) generating facility;
3.
A description of the proposed 24-2-1(c) generating facility;
4.
A list of all required government (state, local, federal) approvals and/or
permits for the 24-2-1(c) generating facility, and the filing status of
each.
5.
A description of any court litigation formally noticed involving the project and
copies of all relevant pleadings and court orders in such proceedings. The
applicant has a continuing obligation to provide the Commission with information
described in this paragraph during the pendency of its Siting certificate
application at the Commission;
6.
An explanation of the project schedule; and
7.
Information filed by the applicant in response to the requirements of this
section shall not be deemed responses to any other section of the application
requirements.
3.1.b.
Justification of need.
1.
Need statement. An applicant for a certificate to site a 24-2-1(c) generating
facility shall provide a statement explaining the need for the 24-2-1(c)
generating facility. The statement shall contain references to any available
long term electric supply and demand projections, such as those produced by the
East Central Area Reliability Council or the local Regional Transmission
Operator, and any other rationale for building the facility.
3.1.c.
Description of 24-2-1(c) generating facility. The applicant shall submit:
1.
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;
2.
Total 24-2-1(c) generating facility land area requirement;
4.
Fuel Quality. Indicate expected fuel characteristics such as ash, sulfur and btu
value.
5.
Fuel Transportation. Indicate the expected mode of fuel transportation. List the
location(s) of the expected fuel source(s). Indicate the expected route(s) from
the fuel source(s) to the plant.
6.
Fuel Storage. Indicate how much, if any, 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.
7.
A list of expected air and water emissions and, for each emission, 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 that emission. If permits from other
authorities are not required, the applicant must state the expected impact of
such emissions;
8.
Water requirement, source of water, treatment, quantity of any discharge and
names of receiving streams;
9.
A summary description of other major equipment, including any significant safety
equipment, e.g., fire fighting equipment.
3.1.d.
The applicant will submit all interconnection studies undertaken on behalf of
the project by the Regional Transmission Organization and/or the owner(s) of
transmission lines with which a Transmission support line or other high voltage
transmission line to the 24-2-1(c) generating facility is proposed to
interconnect.
3.1.e.
Proposed Project schedule in Gantt Chart including the critical path and
covering all applicable major activities and milestones, including:
1.
Acquisition of land and/or land rights;
2.
Submittal of the application and receipt of a Public Service Commission Siting
certificate;
4.
Preparation of the final design;
5.
Construction of the 24-2-1(c) generating facility; and
6.
Placement of the 24-2-1(c) generating facility in service.
3.1.f.
Impact of Delays. The applicant shall briefly describe the impact of critical
delays on the eventual in-service date.
3.1.g.
Technical data.
1.
Site. Information on the location, major features, and the topographic,
geologic, and hydrological suitability of the selected site shall be submitted
by the applicant. This information may be derived from the best available
reference materials.
A.
A comprehensive list of all Siting criteria utilized by the applicant, including
any quantitative or weighting values assigned to each;
B.
A description of relevant factors, or constraints, identified by the applicant
and utilized in the site selection process;
C.
A description of the process by which the applicant utilized the Siting criteria
to evaluate and make a final determination of the site;
D.
A description of any qualitative or other factor utilized by the applicant in
the selection of the site.
E.
The applicant may provide a copy of any site selection study produced by or for
the applicant for the proposed project as an attachment to the application. The
study may be submitted in response to any pertinent requirements of this rule,
provided that the information contained therein is responsive and the
information is clearly cross-referenced to the requirements of this rule.
3.
Design and construction. The applicant shall provide plan view and elevation
view engineering drawings based on information on the proposed layout on the
most current engineering design plans for the 24-2-1(c) 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.
Site activities. The applicant shall describe the proposed site preparation and
reclamation operations, including:
A.
Test boring;
B.
Removal of vegetation;
C.
Grading and drainage provisions;
D.
Access roads;
E.
Removal and disposal of debris; and
F.
Post-construction reclamation.
5.
Plans for construction. The applicant shall describe the proposed construction
sequence based on engineering design plans filed pursuant to this section.
6.
Structures. The applicant shall describe, in as much detail as is available at
the time of submission of the application, all major proposed structures,
including the following:
A.
Estimated overall dimensions;
C.
Color and texture of facing surfaces;
D.
Any unusual features;
E.
Transmission
towers;
F.
Security facilities.
7.
Future plans.
A.
The applicant shall state whether it intends to be the entity that will own and
operate the 24-2-1(c) generating facility into the future.
B.
The applicant shall describe 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.
C.
The applicant shall describe post useful life demolition, removal, disposal, and
restoration plans for facilities.
8.
Equipment.
A.
Generating equipment. The applicant shall describe the proposed major generating
equipment.
B.
Emission control and safety equipment. The applicant shall:
1.
Describe all proposed major flue gas emission control equipment, including
tabulations of expected efficiency, power consumption, and operating costs for
supplies and maintenance;
2.
Discuss the reliability of the equipment and the reduction in efficiency for
partial failure;
3.
Describe the equipment proposed for control of effluents discharged into water
bodies and receiving streams; and
C.
The applicant shall describe any other major equipment not discussed in
paragraphs 3.1.g.8.B.3. and 3.1.g.8.B.4. of this rule.
3.1.h.
Maps. The applicant shall file the following maps with its application.
1.
5-mile radius Map. The applicant shall supply 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(c) generating facility and transmission lines,
and showing the following features:
A.
Major population centers and geographic boundaries;
B.
Major transportation routes and utility corridors;
C.
Bodies of water which may be directly affected by the proposed 24-2-1(c)
generating facility;
D.
Topographic contours;
E.
Major institutions;
F.
Incorporated communities; public or private recreational areas, parks, forests,
hunting or fishing areas, or similar facilities; historic scenic areas or
places; religious places; 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;
G.
Land use and classifications; including residential, urban, manufacturing,
commercial, mining, transportation, utilities, wetland, forest and woodland,
pasture and crop land;
2.
24-2-1(c) generating facility Pre-construction map. The applicant shall supply
an ANSI size D map(s) of 1 inch:2000 feet scale or larger containing at least
one mile radius from the proposed facility pre-construction, showing the
following existing features:
B.
Existing vegetative cover;
C.
Individual structures and installations;
D.
Surface bodies of water;
E.
Water gas, and oil wells.
3.
1-Mile Radius Proposed 24-2-1(c) generating facility Map. The applicant shall
supply 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:
A.
The 24-2-1(c) facility;
B.
Fuel, waste, and other storage facilities, associated with the 24-2-1(c)
facility;
C.
Fuel and waste processing facilities, if any, associated with the 24-2-1(c)
facility;
D.
Water supply and sewage lines, required by the 24-2-1(c) facility;
E.
Transmission lines;
F.
Substations, switchyards, and transformers, into which transmission lines will
connect;
G.
Transportation facilities and access roads, required for the construction or
operation of the 24-2-1(c) facility;
H.
Grade elevations where modified during construction, of the 24-2-1(c) facility;
and
I.
Other pertinent installations, dedicated to the construction or operation of the
24-2-1(c) facility.
1.
The applicant shall provide 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(c) generating facility will be visible
after construction.
2.
Still renderings which show structures at ground level shall include a scaled 6
foot tall figure in near proximity to such structures to allow the viewer to
clearly see the scale of the project structures.
3.1.k.
Hydrology and wind. The applicant shall:
1.
Provide 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(c) generating facility;
2.
Provide an analysis of the prospects of floods and high winds for the area,
including the probability of occurrences and likely consequences of various
flood stages and wind velocities, and describe plans to mitigate any likely
adverse consequences;
3.
Provide existing maps of aquifers which may be directly affected by the proposed
24-2-1(c) generating facility;
4.
A study of how the project and the water use identified in Rule 3.1.c.8. will
affect the identified water sources.
3.1.l.
Financial and Economic data.
1. Debt and Equity Capital.
B.
Describe any agreements with public entities and whether such agreements would
transfer to a future purchaser(s) of the 24-2-1(c) generating facility.
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. The disclosure shall
include reasonable estimates of the amount of taxes the applicant would pay if,
hypothetically, the applicant constructed and operated the 24-2-1(c) generating
facility without the benefit of any agreements abating taxes. For purposes of
this paragraph, public funding shall include:
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;
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;
3)
abatement of any taxes.
2.
Pro forma financial statements. The applicant shall provide pro forma financial
statements (Balance Sheet, Funds Statement and Income Statement) for each year
of the start-up phase (project development and construction) and for the first
five years of operation of the proposed project. The financial statements must
disclose all assumptions.
3. Local and State Economic Impact. The applicant shall provide 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 of added man-
hours, jobs and expected payroll value of added jobs), both directly and
indirectly related to the project; (ii) the impact on all local and state taxes
(including gross tax amounts and net amounts if any abatement agreements apply),
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; (v) the impact on existing infrastructure; (vi) the impact on per capita
income in the local area and the region; and (vii) the impact of lost
opportunity(ies) as to alternative use(s) of the land upon which the 24-2-1(c)
generating facility is proposed to be built. 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.
Regional development impact. The applicant shall describe the impact of the
proposed 24-2-1(c) generating facility on regional development, including but
not limited to housing, commercial and industrial development, and
transportation system development.
3.1.m.
Environmental data.
1.
Species.
A.
With respect to the geographic area where the 24-2-1(c) generating facility will
be located, the applicant shall file 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.
B.
In the event the applicant represents to the Commission that it is not required
by other governmental agencies to follow any process or permitting requirements
with respect to threatened or endangered species that may be located on the land
proposed for the 24-2-1(c) generating facility, other parties to a Siting
certificate proceeding may petition the Commission to consider the impact on
species pursuant to the Commission's public interest review of the Siting
certificate application.
2.
Species - Wind powered electric generation facilities only. In addition to the
requirements stated in Rule 3.1.m.1. for all Species, the applicant shall adhere
to the following:
A. Preconstruction. In its application, the applicant shall:
2.
File copies of, and state the results of a Phase I Avian Risk Assessment, and a
risk assessment regarding bats.
3.
File copies of, and state the results of an avian and bat lighting study from
empirical data available on similar facilities.
B.
Operation. After the 24-2-1(c) generating facility has been in operation for one
year, the applicant shall perform and file with the Commission the results of an
avian and bat lighting study conducted for one year after the 24-2-1(c)
generating facility commences operation.
3.
View.
A.
Preconstruction. The applicant shall file copies of, and state the results of a
viewshed analysis with respect to the 24-2-1(c) generating facility. For
structures higher than 100 feet, the viewshed analysis must encompass a 20-mile
radius around the property boundaries of the 24-2-1(c) generating facility, or
around the proposed location of facilit(ies) if known.
B.
Construction. The applicant shall:
1.
Describe the expected impacts of construction on the viewshed within a one-mile
radius of the proposed 24-2-1(c) generating facility;
2.
Describe the expected impacts of construction on the viewshed within a five-mile
radius of the proposed 24-2-1(c) generating facility;
3.
For structures higher than 100 feet, describe the expected impacts of
construction on the viewshed within a 20-mile radius around the proposed
24-2-1(c) generating facility;
4.
Describe any plans to mitigate the impact of the construction on the viewshed.
C. Operation. The applicant shall:
2.
Describe the expected impacts of 24-2-1(c) generating facility operations on the
viewshed within a five-mile radius of the proposed 24-2-1(c) generating
facility;
3.
For structures higher than 100 feet, describe the expected impacts of operation
on the viewshed within a 20-mile radius around the proposed 24-2-1(c) generating
facility;
4.
Describe any plans to mitigate the impact of operations on the viewshed.
4.
Noise.
A.
Preconstruction.
1.
Ambient Noise Study. The applicant shall provide maps of the existing ambient Ld
and Ln noise levels within 1 mile of the property line at all noise sensitive
areas. Noise will be shown as average Day-Night Sound Levels (DNL). The ambient
base line data obtained from such study will be collected over a period of at
least seven consecutive days. Noise events during the night (Defined as 10:00
p.m. to 6:59 a.m.) shall be weighted (or penalized) by 10db to reflect the
greater perceived impact of noise during the
night.
3.
Cumulative Noise Impact Study. The applicant shall provide maps of the predicted
ambient noise levels during operation and inclusive of plant noise at all noise
sensitive areas within 1 mile of the property line.
B.
Construction Period.
1. Daytime construction. Shall be limited to no more than 5 dB increase in pre-existing Ld measured at all noise sensitive areas within 1 mile
from the property line. Ld will be defined as the weighted average Led
measured from 0700 to 2200 hours.
2.
Nighttime construction. Shall be limited to no more than 3 db increase in Ln
measured at all noise sensitive areas within 1 mile from the property line. Ln
will be defined as the weighted average Led measured from 2200 to 0700 hours.
3.
Compliance. During the entire construction period the applicant will
continuously monitor the Led levels at all noise sensitive areas within 1 mile
from the property line. Daily Ld, Ln and weighted DNL values will be reported to
the Commission on a quarterly basis.
C.
Operation. In its application, the applicant shall:
1.
Daytime operation. Shall be limited to pre-existing ambient Ld measured at all
noise sensitive areas within 1 mile from the property line. Ld will be defined
as the weighted average Led measured from 0700 to 2200 hours.
2.
Nighttime operation. Shall be limited to pre-existing ambient Ln, measured at
all noise sensitive areas within 1 mile from the property line. Ln will be
defined as the weighted average Led measured from 2200 to 0700 hours.
3.
Compliance. During periods of full operation the applicant will periodically but
no less than annually monitor the Led levels at representative noise sensitive
areas within 1 mile from the property line. Such periodic studies will be for
seven consecutive days. The applicant will maintain records of such daily Ld, Ln
and weighted DNL and will make such records available to the Commission upon
request at any time. If, at any time, the noise levels exceed the limits
specified in this Rule, the applicant will immediately report such violations to
the Commission along with the results of any efforts undertaken to identify the
causes. Should the total time of non- compliance exceed 1%, the applicant shall,
to the best of its ability, attempt to identify the cause of such
non-compliance. Subsequently, the applicant shall file a mitigation plan with
the Commission Staff and upon its acceptance, promptly implement such
mitigation.
D.
Noise sensitive areas. Shall include, but not be limited to, hospitals, schools,
residences, cemeteries, parks, and places of religious worship.
5.
Traffic.
B.
Construction. In its application, the applicant shall:
1.
Describe the traffic levels expected on roads nearest the property boundary;
2.
Describe any increased traffic expected within a 1-mile radius of the proposed
24-2-1(c) generating facility;
3.
Describe any increased traffic levels expected within a 5-mile radius of the
proposed 24-2-1(c) generating facility;
4.
Describe any plans to mitigate the impact of increased traffic with respect to
traffic sensitive areas within a 5-mile radius of the proposed 24-2-1(c)
generating facility during construction.
C.
Operation. In its application, the applicant shall:
1.
Describe daily or hourly traffic attributable to project operation expected at
the nearest property boundary;
2.
Describe traffic levels attributable to project operations expected within a
one-mile radius of the proposed 24-2-1(c) generating
facility;
3.
Describe traffic levels attributable to project operations expected within a
5-mile radius of the proposed 24-2-1(c) generating facility;
4.
Describe any plans to mitigate the effects of traffic attributable to project
operations with respect to traffic sensitive areas within a 5-mile radius of the
proposed 24-2-1(c) generating facility.
3.1.n.
Land Uses. In its application, the applicant shall:
1.
Estimate the impact of the proposed 24-2-1(c) generating facility on the land
uses depicted on the map required in Rule 3.1.h.1.;
3.
Describe formally adopted plans for future use of the site and surrounding lands
for anything other than the proposed 24-2-1(c) generating facility; and
4.
Describe the applicant's plans for concurrent or secondary uses of the site.
3.1.o.
Cultural impact.
1.
Landmarks.
A.
The applicant shall estimate the impact of the proposed 24-2-1(c) generating
facility on the preservation and continued meaningfulness of any historic,
scenic, religious or archaeological areas or places; or places otherwise of
cultural significance depicted on the map required by Rule 3.1.h.1.
B.
Describe any plans to mitigate adverse impacts on these landmarks.
2.
Recreation areas. The applicant shall estimate the impact of the proposed
24-2-1(c) generating facility on recreational areas identified on the map
required by Rule 3.1.h.1. and describe plans to mitigate any adverse impact.
3.1.p.
Public responsibility. The applicant shall (i) describe the applicant's
program for public interaction planned for the siting, construction, and
operation of the proposed 24-2-1(c) generating facility, i.e., public
information programs; and (ii) describe any insurance or other corporate
programs for providing liability compensation for damages to the public
resulting from construction or operation of the proposed 24-2-1(c) generating
facility.
§ 150-16-4. Application fee.
4.1. Each application filed pursuant to
section 3.1 et seq. of these rules shall be accompanied with an
application fee equaling the lesser of $500.00 per megawatt or $200,000.00.
§ 150-16-5. Requirements of other agencies.
§ 150-16-6. Modification or Amendment to Siting Certificates.
6.1. If an owner or operator of a
24-2-1(c) generating facility for which a Siting certificate has been issued
plans to: construct the facility using engineering design plans different than
those filed with its original Siting certificate application; modify the
footprint of the 24-2-1(c) generating facility; increase the transmission or
generation of the 24-2-1(c) generating facility; make any modification to the
24-2-1(c) generating facility with a potential for environmental impact, then
the owner or operator must obtain prior Commission approval of such
modification. If the owner or operator believes that when considering the
totality of the circumstances surrounding any such modification, the
modification is not material or that the modification will not materially affect
the viewshed impacts, noise levels, emissions or other environmental impacts, it
may petition the Commission for waiver of the requirement to obtain a
modification or amendment to its Siting certificate. The Commission may deny or
grant such request or it may limit the information required to be filed,
depending on the circumstances of the proposed modification.
6.2. A request for Commission approval of
a modification or amendment to a Siting certificate shall be filed using Form
No. 3, attached to these Rules. In addition to Form No. 3, a completed
application shall include all of the information required by Rules 3.1.a.
through 3.1.p. of these Rules.
6.3. The applicant for approval of a
modification or amendment to a Siting certificate may request a waiver of any of
the information required by Rules 3.1.a. through 3.1.p. of these Rules that is
inapplicable to the proposed modification or amendment.
6.4. In addition to the information
required by Rules 3.1.a. through 3.1.p., upon request by the Commission or
Commission Staff, the applicant for approval of a modification or amendment to a
Siting certificate shall provide the Commission or Commission Staff with any
additional information pertinent to Commission review of the proposed
modification. This rule does not impact the rights of other parties to seek
discovery pursuant to the Commission's Rules of Practice and Procedure,
150 C.S.R. 1.
§ 150-16-7. Transfer or Assignment of Siting Certificate.
7.1. If an owner or operator of a
24-2-1(c) generating facility plans to transfer or assign its Siting certificate
to another entity, the owner or operator shall, at least 30 days prior to the
closing date of such transfer or assignment, provide the Commission with notice
of the identity of the transferee, the mailing address of the transferee, the
names and mailing addresses of the managing members or officers of the
transferee, and an affidavit of the transferee stating that the transferee
agrees that it is bound by all terms and conditions of the Siting certificate
for the 24-2-1(c) generating facility.
§ 150-16-8. Civil penalties.
8.1. Civil penalties imposed and
collected by the Commission pursuant to W. Va. Code § 24-2-11c(f) shall
be deposited in a special fund designated public service commission fund as
established in subsection (a), section six [§ 24-3-6], article three of Chapter
24 of the West Virginia Code, to be used for the purposes set forth in
that subsection.
Application of ___________________________________________________ for an
electric generating facility Siting certificate in the County of
_______________________________________ [including a related ____ mile _____ kV
(must be less than 200 kV) Transmission support line] or [and for a certificate
of public convenience and necessity, pursuant to W. Va. Code § 24-2-11a,
for a related ____ mile kV transmission line to be located in the
County(ies) of _______________________________.]
Comes now the above-named ________________________________________, the
applicant herein, and respectfully shows the Commission as follows:
2. That the applicant proposed
to____________________________________
_______________________________________
____________________________________________________________________,
at
_________________________________(city/town), in the County of
______________
____________________________________.
3. Attached hereto is a copy of the
effective charter of incorporation of the applicant.
4. A certificate should be issued for the
following
reasons:
____________________________________________________________________
____________________________________________________________________.
___________________________________________
_______________________________________ (Signature
of authorized representative of applicant)
_______________________________________ Title
of signer (President or other
officer)
_______________________________________ Attorney.
Address:
________________________________________________________________
Entered by the PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA in the City of Charleston on the ___ day of _____________,
2_____.
CASE NO.______________________________
[NAME OF APPLICANT]
[address of
applicant]
Application for a Siting
Certificate to Authorize the
Construction
and Operation of a Wholesale
Electric
Generating Facility in
_______________________
County, West
Virginia.
On __________________ [date],
______________________ (the Applicant), filed an application for a Siting
Certificate, pursuant to W. Va. Code § 24-2-11c, to authorize the
construction and operation of an electric wholesale generating facility (the
Facility) [including a related transmission line of less than 200 kV in _______
County(ies)] or [and for a Certificate of Public Convenience and Necessity,
pursuant to W. Va. Code § 24-2-11a, to construct and operate a high
voltage transmission line] in _______________ County(ies).] The application is
on file with and available for public inspection at the Public Service
Commission, 201 Brooks Street, in Charleston, West Virginia. Upon its
completion, the Facility [and the transmission line] will be used by the
Applicant to generate electricity exclusively for wholesale in the competitive
wholesale market in West Virginia and other locations.
The Applicant is owned by
_______________. The Applicant proposes to construct a ____ MW [type of
generating facility proposed] electric generating facility and certain ancillary
facilities, [and to construct transmission lines to interconnect the Facility
with ______________________ ] and related appurtenances on a tract of land
located ______________________________.
[The Applicant estimates that
construction of the transmission line will cost less than
____________________________.]
The Applicant asserts that [neither] the
Facility [nor the transmission line] are utilities providing service to the
public, and there will be no impact to West Virginia ratepayers. Rates charged
for electricity sold by the Facility will be subject to regulation by the
Federal Energy Regulatory Commission (“FERC”) pursuant to Section 205 of the
Federal Power Act. The Applicant intends to file a market-based rate schedule
with FERC that will allow sales from the Facility to be at negotiated rates.
The Applicant will be the entity
responsible for the construction and operation of the Facility and for the sale
of electricity generated by the Facility. The Applicant will operate the
Facility as an exempt wholesale generator as defined under Section 32(a) of the
Public Utility Holding Company Act of 1935.
The Applicant will enter into an
interconnection and operating agreement with ______ _______________, a regional
transmission organization, which will govern the Facility's interconnection at
____________________________________ which is located ______________[describe
proximity to the Facility]. The Applicant, or the purchasers of the electricity
generated by the Facility, will enter into transmission service agreements with
________________ to govern the transmission of the electricity across
____________________'s facilities. Such transmission of electricity will be
subject to the terms of ________________'s Open Access Transmission Tariff on
file with the FERC. The transmission line will not compete with other utilities
and will be for the sole purpose of transmitting the electricity generated at
the Facility onto the grid for the wholesale market.
The solid black line on the above map
indicates the location of the corridor in which the transmission line will be
located. The corridor begins near _________________ and proceeds directly to
___________________________ [describe path of the line, length, compass
directions].
The Applicant asserts that it is not a public utility within the meaning of West Virginia Code § 24-2-11 and does not believe that need for the Facility, nor Tariff Rule 42 Exhibits should be addressed by the Commission. Therefore, the Applicant requests a waiver of the Public Service Commission's filing requirements to provide
certain information including the utility service rendered, proposed rates,
project construction costs, project financing and estimates of operating
revenues and expenses, and the information required by Tariff Rule 42
(e.g., statements of net income, operating revenues, depreciation, West Virginia
jurisdictional rate base, plant in service and capital structure). And, because
the Applicant will not be regulated by the Commission as a public utility, it
requests a waiver of all the Commission's filing and reporting requirements,
meter requirements, customer relations, inspections and tests, standards and
quality of service, promotional practices, consumer reimbursement program,
uniform accounting requirements, and the requirement to allow Commission
inspection of books, papers, reports and statements that are specific to
regulated public utilities whose practices impact captive ratepayers.
Anyone desiring to protest or intervene
should file a written protest or notice of intervention within 30 days following
the date of this publication unless otherwise modified by Commission order.
Failure to timely protest or intervene can affect your right to protest aspects
of this Siting Certificate case for the Facility [and this Certificate of Public
Convenience and Necessity case for the transmission line], or to participate in
future proceedings. All protests or requests to intervene should briefly state
the reason for the protest or intervention. Requests to intervene must comply
with the Commission's rules on intervention set forth in the Commission's
Rules of Practice and Procedure. All protests and interventions should be
addressed to Executive Secretary, P. O. Box 812, Charleston, West Virginia
25323.
In the absence of substantial protests
within said thirty (30) day period, the Commission may waive formal hearing and
grant the application based on the evidence submitted with said application and
its review thereof.
Application of
____________________________________________________________
for modification
to or amendment of an existing electric generating facility Siting certificate
in the County of __________________________________________________ [and for
modification to or amendment of an existing certificate of public convenience
and necessity for a related ____ mile _____ kV transmission line located in the
County(ies) of _______________________________.]
Comes now the above-named ________________________________________, the
applicant herein, and respectfully shows the Commission as follows:
1. That the name and address of the
applicant are ______________________
___________________________
____________________________________________________________________.
2. That the applicant proposes to
____________________________________________________________________
__________________________________________,
at
_________________________________(city/town), in the County of
______________
____________________________________.
3. Attached hereto is a copy of the
effective charter of incorporation of the applicant.
4. Commission approval of the requested
modification or amendment should be granted for the following
reasons:
____________________________________________________________________
____
Dated this ______________________ day of __________________,
________________.
_______________________________________ (Signature
of authorized representative of applicant)
_______________________________________ Title
of signer (President or other
officer)
_______________________________________ Attorney.
Address:
_________
§ 150-16-1. General.
1.1. Scope. _ This legislative rule
applies to any entity that intends to construct, or construct and operate, an
electric generating facility or make a material modification to an electric
generating facility as described in W.Va. Code § 24-2-1(c). This rule
does not apply to net-metering facilities covered by tariffs approved by this
Commission in Case No. 02-1495-E-GI.
1.2. Authority. _ W. Va. Code §
24-2-11c.
1.3. Filing Date _ May 25,
2005
1.4. Effective Date _ July 25,
2005
1.5. Definitions.
1.5.a.
EWG facility - An electric generating facility to be located in West Virginia
that has been designated as an exempt wholesale generator under federal law, or
will be so designated prior to commercial operation of the facility. As used
herein, this term shall also include any Transmission support line associated
with the EWG facility.
1.5.b.
Siting certificate _ A certificate issued by the Public Service Commission of
West Virginia authorizing the construction and/or operation of an electric
generating facility that is an exempt wholesale generator in the State.
1.5.c. 24-2-1(c) generating facility _ An electric generating facility, including an EWG facility which is, or will be, located in West Virginia that generates electric energy solely for sale at retail outside this state or solely for sale at wholesale
in accordance with any applicable federal law that preempts state law or
solely for both such sales at retail and such sales at wholesale.
1.5.d.
Transmission support line _ A transmission line of less than 200 thousand volts
that, except for Rule 2.4., would be certificated by the Commission pursuant
to W.Va. Code § 24-2-11, and not pursuant to W.Va. Code §
24-2-11a.
1.6. An applicant for a Siting
certificate may request a waiver of any of the information requirements of Rules
3.1.a. through 3.1.p. of these Rules that is inapplicable to the proposed Siting
certificate. The Commission will consider requests for waiver of Siting
certificate requirements as to distributed energy generation facilities that are
not net metered, on a case by case basis.
1.7. In addition to the information
required by Rules 3.1.a. through 3.1.p., upon request of the Commission or
Commission Staff, the applicant for a Siting certificate shall provide the
Commission or Commission Staff with any additional information pertinent to
Commission review of the Siting certificate. This rule does not impact the
rights of other parties to seek discovery pursuant to the Commission's Rules
of Practice and Procedure, 150 C.S.R. 1.
1.8. An applicant for a Siting
certificate may request that information it files in response to discovery
requests, or pursuant to Rules 3.1.a. through 3.1.p. hereof, be accorded
proprietary treatment. The Commission will review such requests pursuant to
Rule 26 of the West Virginia Rules of Civil Procedure and
applicable statutory and case law.
§ 150-16-2. Pre-filing and Filing Requirements.
2.1. Any entity intending to file an
application for a sSiting certificate pursuant to
W.Va. Code § 24-2-11c shall, at least thirty days prior to the date it
intends to file its application, give the Commission notice of its intent to
file an application by filing with the Commission's Executive Secretary, an
original and twelve (12) copies of, a letter of notification. The Commission may
modify or waive this requirement.
2.2. Thirty days following the filing of
a notice of intent pursuant to Rule 2.1., an applicant shall file with the
Commission's Executive Secretary an original and twelve (12) copies of its
application for a sSiting certificate. To be acceptable,
an application shall include: (1) a completed Form No. 1 attached to these
Rules; (2) a completed Form No. 2. When preparing Form No. 2, the applicant
should leave blank the date of the order and the case number. When the Executive
Secretary has assigned a case number, a completed Form No. 2 will be issued to
the applicant as an order requiring publication
of the Notice of Filing either as a Class I legal advertisement (if the
application is for a sSiting certificate
only and/or a transmission support line) or a Class II
legal advertisement (if the application is for both a
sSiting certificate and a certificate of public
convenience and necessity to construct an associated transmission line of
200,000 volts or over). Publication shall be makde
in newspapers published and of general circulation in each county in which all
or a portion of the proposed 24-2-1(c) generating facility is located or will be
located and in a newspaper published and of general circulation in Kanawha
County. The applicant shall file affidavits of publication provided by the
newspaper(s) with the Commission as soon as possible after the Notice of Filing
is published.
2.3. When an applicant seeks authority to
construct an 24-2-1(c) generating facility and related
transmission facilities of 200,000 volts or greater, the applicant must
simultaneously apply for both a sSiting
certificate and a certificate of public convenience and necessity under W.Va.
Code § 24-2-11a. When such an application contains both a
sSiting certificate application and an application for a
certificate of public convenience and necessity to construct a transmission line
of 200,000 volts or greater the Commission will schedule proceedings to allow it
to render its combined decision in both cases within three hundred (300) days of
the application filing date.
2.4. When an applicant proposes to
construct an Transmission support line, less than 200,000
volts, to be associated with an 24-2-1(c) generating facility,
then the applicant shall not be required to file a separate application for a
certificate of public convenience and necessity, pursuant to W.Va.
Code § 24-2-11. Rather, the Transmission support line shall be deemed to be
an integral part of the 24-2-1(c) generating facility and will be evaluated by
the Commission within the 300 day period set forth in W.Va. Code §
24-2-11c, within the context of the sSiting certificate
application case. However, the applicant must include in its filing all of
the information concerning the transmission line, as if it were a separate
filing.
§ 150-16-3. Application.
3.1. In addition to Form No. 1, a
completed application shall include the following:
3.1.a.
Project summary and 24-2-1(c) 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:
1. A statement explaining the general purpose of the 24-2-1(c) generating facility;
3.
A description of the proposed 24-2-1(c) generating facility;
4.
A list of all required government (state, local, federal) approvals and/or
permits for the 24-2-1(c) generating facility, and the filing status of
each.
5.
A description of any court litigation formally noticed involving the project and
copies of all relevant pleadings and court orders in such proceedings. The
applicant has a continuing obligation to provide the Commission with information
described in this paragraph during the pendency of its
sSiting certificate application at the Commission;
6.
An explanation of the project schedule; and
7.
Information filed by the applicant in response to the requirements of this
section shall not be deemed responses to any other section of the application
requirements.
3.1.b.
Justification of need.
1.
Need statement. An applicant for a certificate to site an
24-2-1(c) generating facility shall provide a statement explaining the need for
the 24-2-1(c) generating facility. The statement shall contain references to any
available long term electric supply and demand projections, such as those
produced by the East Central Area Reliability Council or the local Regional
Transmission Operator, and any other rationale for building the
facility.
3.1.c.
Description of 24-2-1(c) generating facility. The applicant shall submit:
1.
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;
2.
Total 24-2-1(c) generating facility land area requirement;
3. Where applicable, fuel quantity. Indicate the maximum amount of fuel expected to be consumed in one hour and the expected amount of fuel consumed per year.
5.
Fuel Transportation. Indicate the expected mode of fuel transportation. List the
location(s) of the expected fuel source(s). Indicate the expected route(s) from
the fuel source(s) to the plant.
6.
Fuel Storage. Indicate how much, if any, 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.
7.
A list of expected air and water emissions and, for each emission, the name
of the federal and/or state regulatory authority from which a permit must be
obtained, or, a statement whether that no permits
from other federal and/or state regulatory authorities must be obtained
with respect to such are required for that
emissions. If permits from other authorities are not required,
the applicant must state the expected impact of such emissions;
8.
Water requirement, source of water, treatment, quantity of any discharge and
names of receiving streams;
9.
A summary description of other major equipment, including any significant
safety equipment, e.g., fire fighting equipment.
3.1.d.
The applicant shall submit a brief description of the need for new
transmission support line(s) or high voltage transmission line(s) associated
with the 24-2- 1(c) generating facility. The applicant will submit all
interconnection studies undertaken on behalf of the project by the Regional
Transmission Organization and/or the owner(s) of transmission lines with which a
Transmission support line or other high voltage transmission line to the
24-2-1(c) generating facility is proposed to interconnect.
3.1.e.
Proposed Project schedule in overlapping time-line format
Gantt Chart including the critical path and covering all
applicable major activities and milestones, including:
1.
Acquisition of land and/or land rights;
2.
Submittal of the application and receipt of a Public Service Commission
sSiting certificate;
4.
Preparation of the final design;
5.
Construction of the 24-2-1(c) generating facility; and
6.
Placement of the 24-2-1(c) generating facility in service.
3.1.f.
Impact of Delays. The applicant shall briefly describe the impact of critical
delays on the eventual in-service date.
3.1.g.
Technical data.
1.
Site. Information on the location, major features, and the topographic,
geologic, and hydrological suitability of the selected site shall be submitted
by the applicant. This information may be derived from the best available
reference materials.
a
A. A comprehensive list of all sSiting criteria
utilized by the applicant, including any quantitative or weighting values
assigned to each;
b
B. A description of relevant factors, or constraints, identified by the
applicant and utilized in the site selection process;
c
C. A description of the process by which the applicant utilized the
sSiting criteria to evaluate and make a final
determination of the site;
dD.
A description of any qualitative or other factor utilized by the applicant in
the selection of the preferred site.
e
E. The applicant may provide a copy of any site selection study produced
by or for the applicant for the proposed project as an attachment to the
application. The study may be submitted in response to any pertinent
requirements of this rule, provided that the information contained therein is
responsive and the information is clearly cross-referenced to the requirements
of this rule.
3.
Design and construction. The applicant shall provide plan view and elevation
view engineering drawings based on information on the proposed layout on the
most current engineering design plans for the 24-2-1(c) generating facility,
and the description of depicting the
major structures and installations to be located thereon
including, but not limited to, tentative proposed transmission towers,
and the distance of possible variation from the tentative tower
locations. 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.
Site activities. The applicant shall describe the proposed site preparation and
reclamation operations, including:
A.
Test boring;
B.
Removal of vegetation;
C.
Grading and drainage provisions;
D.
Access roads;
E.
Removal and disposal of debris; and
F.
Post-construction reclamation.
5.
Plans for construction. The applicant shall describe the proposed construction
sequence based on engineering design plans filed pursuant to this section.
6.
Structures. The applicant shall describe, in as much detail as is available at
the time of submission of the application, all major proposed structures,
including the following:
A. Estimated overall dimensions;
C.
Color and texture of facing surfaces;
D.
Any unusual features.;
E.
Transmission
towers;
F.
Security facilities.
7.
Future plans.
A.
The applicant shall state whether it intends to be the entity that will own and
operate the 24-2-1(c) generating facility into the future.
B.
The applicant shall describe 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.
C.
The applicant shall describe post useful life demolition, and
removal, disposal, and restoration plans for facilities.
8.
Equipment.
A.
Generating equipment. The applicant shall describe the proposed major generating
equipment.
B.
Emission control and safety equipment. The applicant shall:
1.
Describe all proposed major flue gas emission control equipment, including
tabulations of expected efficiency, power consumption, and operating costs for
supplies and maintenance;
2.
Discuss the reliability of the equipment and the reduction in efficiency for
partial failure;
3.
Describe the equipment proposed for control of effluents discharged into water
bodies and receiving streams; and
C.
The applicant shall describe any other major equipment not discussed in
paragraphs 3.1.g.8.B.3. and 3.1.g.8.B.4. of this rule.
3.1.h.
Maps. The applicant shall file the following maps with its application.
1.
5-mile radius Map. The applicant shall supply 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(c) generating facility and transmission
lines, and showing the following features:
A.
Major population centers and geographic boundaries;
B.
Major transportation routes and utility corridors;
C.
Bodies of water which may be directly affected by the proposed 24-2-1(c)
generating facility;
D.
Topographic contours;
E.
Major institutions;
F.
Incorporated communities; public or private recreational areas, parks, forests,
hunting or fishing areas, or similar facilities; historic scenic areas or
places; religious places; 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.;
G.
Land use and classifications; including residential, urban, manufacturing,
commercial, mining, transportation, utilities, wetland, forest and woodland,
pasture and crop land;
2.
24-2-1(c) generating facility Pre-construction map. The applicant shall supply
an ANSI size D map(s) of 1 inch:2000 feet scale or larger
containing at least one mile radius from the proposed facility pre-construction,
showing the following existing features:
A. Topographic contours;
C.
Individual structures and installations;
D.
Surface bodies of water;
E.
Water gas, and oil wells; and.
3.
1-Mile Radius Proposed 24-2-1(c) generating facility Map. The applicant shall
supply 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:
A.
Generating plant The 24-2-1(c) facility;
B.
Fuel, waste, and other storage facilities, associated with the 24-2-1(c)
facility;
C.
Fuel and waste processing facilities, if any, associated with the 24-2-1(c)
facility;
D.
Water supply and sewage lines, required by the 24-2-1(c) facility;
E.
Transmission lines;
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