Ohio Administrative Code 4906 — Power Siting Board

Chapter 4906-1 General Provisions

Ohio Adm.Code 4906-1-01 Definitions.

As used in Chapters 4906-1 to 4906-7 of the Administrative Code:

(A) "Accelerated certificate application" means a letter of notification or construction notice filed with the board under the requirements of Chapter 4906-6 of the Administrative Code, including applications for facilities filed pursuant to divisions (G) and (H) of section 4906.03 of the Revised Code.

(B) "Accepted, complete application" means a standard certificate application which:

(1) The chairperson or individual designated by the chairperson declares in writing to be accepted and in compliance with the content requirements of section 4906.06 of the Revised Code, pursuant to section 4906.07 of the Revised Code and rule 4906-3-06 of the Administrative Code, and

(2) The applicant has paid all required application fees.

(C) "Administrative law judge" means an attorney examiner of the public utilities commission.

(D) "Agricultural district" means any agricultural district established pursuant to Chapter 929. of the Revised Code.

(E) "Applicant" means any person filing an accelerated or standard application under Chapter 4906. of the Revised Code.

(F) "Associated facility" or "associated facilities" is defined as follows:

(1) For a gas pipeline: rights-of way, land, structures, mains, valves, meters, compressors, regulators, tanks, overpressure protection equipment, and other transportation items and equipment used for the transportation of gas from or to a gas pipeline.

(2) For an electric power transmission line:

(a) Where poles or towers support both transmission and distribution conductors, the poles, towers, anchors, guys and rights-of-way shall be classified as associated facilities of the transmission line, while the conductors, crossarms, braces, grounds, tie wires, insulators, etc., shall be classified as associated facilities of transmission lines or distribution lines according to the purposes for which they are used.

(b) Transmission voltage switching substations and substations that change line voltage from one transmission voltage to another transmission voltage are considered associated facilities of transmission lines. Those substations that change electricity from transmission voltage to distribution voltage shall be classified as distribution substations, and are not considered associated facilities of transmission lines.

(c) Rights-of-way, land, permanent access roads, structures, breakers, switches, transformers, and other transmission items and equipment used for the transmission of electricity at voltages of one hundred kilovolts or greater shall be classified as associated facilities of transmission lines.

(3) For an electric power generation plant or wind farm: rights-of-way, land, permanent access roads, structures, tanks, distribution lines and substations necessary to interconnect the facility to the electric grid, water lines, pollution control equipment, and other equipment used for the generation of electricity.

(G) "Board" means the Ohio power siting board, as established by division (A) of section 4906.02 of the Revised Code.

(H) "Brownfield" has the same meaning as listed in division (A)(1) of section 122.6511 of the Revised Code.

(I) "Business day" means any day that is not a Saturday, Sunday, or legal holiday.

(J) "Capacity" means the maximum electric output a generator can produce, and in the case of an electric storage resource store for later output back to the grid, under specific conditions and that is reflected as installed capacity in any system impact study conducted by PJM.

(K) "Certificate" means a certificate of environmental compatibility and public need, issued by the board.

(L) "Certificate application" means an application filed with the board under the requirements of Chapters 4906-4 to 4906-6 of the Administrative Code.

(M) "Chairperson" means the chairperson of the board as established by division (A) of section 4906.02 of the Revised Code.

(N) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions. This definition does not constitute a restriction on normal maintenance activities on any section of the proposed site or route that is located within an existing utility right-of-way.

(O) "Commercial operation" means the following:

(1) For electric generation plants and wind farms, the output of any generation unit is capable of being delivered to the grid.

(2) For electric transmission lines and associated facilities, the line is interconnected to the grid.

(3) For gas pipelines, the gas is being transported through the pipeline in an attempt or offer to exchange the gas for money, barter, or anything of value.

(P) "Commission" means the public utilities commission of Ohio, as established by division (A) of section 4901.02 of the Revised Code.

(Q) "Construction notice" means a document filed with the board under the requirements of paragraph (B) of rule 4906-6-03 of the Administrative Code.

(R) "Docketing division" means the commission's division responsible for the filing and maintenance of case documents.

(S) "Docketing information system" means the commission's system for electronically storing documents filed in a case, which is maintained by the commission's docketing division. The internet address of the docketing information system is http://dis.puc.state.oh.us.

(T) "Economically significant wind farm" means a wind-powered electric generation facility, including wind turbines and associated facilities, with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of five megawatts or more but less than fifty megawatts.

(U) "Electric distribution line" means an electric power line that has a design value of less than one hundred kilovolts.

(V) "Electric power transmission line" (transmission line) means an electric power line that has a design value of one hundred kilovolts or more.

(W) "Electronic filing" (e-filing) means the submission of electronic files to the public utilities commission's docketing information system.

(X) "Electronic mail" (email) means the exchange of digital messages across the internet or other computer network.

(Y) "Facility" means the proposed major utility facility and all associated facilities.

(Z) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

(AA) "Gas pipeline" means a pipeline that is greater than five hundred feet in length, is more than nine inches in outside diameter, and is designed for transporting gas at a maximum allowable operating pressure in excess of one hundred twenty-five pounds per square inch and its associated facilities.

(BB) "Generation" means the process of producing electrical energy by transforming other forms of energy.

(CC) "Jurisdictional wind or solar facility" has the same meaning as "utility facility" in section 303.57 of the Revised Code.

(DD) "Letter of notification" means a document filed with the board under the requirements of paragraph (A) of rule 4906-6-03 of the Administrative Code.

(EE) "Major utility facility" means a facility that meets the definition of major utility facility set forth in section 4906.01 of the Revised Code.

(FF) "Manufacturing facility that creates byproducts that may be used in the generation of electricity" means a facility that produces exhaust heat or flue gases from engines or boilers used primarily for manufacturing processes and excludes facilities whose primary purpose is the generation of electricity.

(GG) "Maximum allowable operating pressure" means the maximum pressure at which a pipeline or segment of a pipeline may be operated under 49 C.F.R.

(HH) "Person" means an individual, corporation, business trust, association, estate, trust, or partnership, or any officer, board, commission, department, division, or bureau of the state or a political subdivision of the state, or any other entity.

(II) "Potential disturbance area" means the area of land or water that may be cleared, graded, excavated, accessed with heavy equipment, constructed on, or otherwise directly disturbed for construction of the facility.

(JJ) "Project" means all equipment, land, and activities required for construction, operation, and maintenance of the facility and associated facilities.

(KK) "Project area" means all land that contains components of the facility, as well as any real property for which land rights are required to be secured in order to construct and operate the facility.

(LL) "Replacement of an existing facility with a like facility" means replacing an existing major utility facility with a major utility facility of equivalent size, rating and operating characteristics, and within the same right-of-way. If the existing facility includes material sizes and specifications that are no longer widely manufactured and available, replacement with the nearest equivalent standard industry size and material available that meets the needs of the project is considered a replacement with a like facility.

(MM) "Resident" is determined by where a person is domiciled, and includes a tenant.

(NN) "Route" means, in the case of a proposed electric transmission line or gas pipeline, a proposed centerline and a proposed distance from each side of the centerline, with such total distance not to exceed the proposed right-of-way width. Route width may vary along the proposed electric transmission line or gas pipeline, as specified in the application.

(OO) "Sensitive receptors" means any occupied building.

(PP) "Specific customer or customers" means industrial or commercial end-use customer(s) in Ohio.

(QQ) "Staff" means the board staff.

(RR) "Standard certificate application" means a document filed with the board under the requirements of Chapter 4906-4 of the Administrative Code.

(SS) "Substantial addition," in the case of an electric power transmission line or gas pipeline already in operation, is any addition or modification that meets any of the descriptions listed in the "Application Requirement Matrix" contained in appendix A and appendix B to this rule. Construction necessary to restore service of a transmission line damaged by reason of natural or human-caused disaster or accident does not constitute a substantial addition and therefore does not require the filing of a certificate application. "Substantial addition," in the case of an electric power generation plant, it is any modification of an operating generation plant which modification in itself constitutes a major utility facility or economically significant wind farm. Additions under this definition include, but are not limited to:

(1) Addition of structures or equipment to an existing electric power generation facility that would result in a capacity increase of fifty megawatts or greater.

(2) Addition of a fifty megawatts or greater electric power generation unit which is designed to operate in conjunction with an existing unit to establish a combined-cycle unit.

(3) Addition of an electric power generation unit to an existing plant which is not a major utility facility, or modification of an existing unit, with the result that the combined capacity of the new facility is fifty megawatts or greater.

(4) Addition of a wind-powered electric generation turbine to an existing wind farm, with the result that the combined capacity of the new facility is five megawatts or greater.

(TT) "Wind farm" means a wind-powered electric generation facility, including wind turbines and associated facilities, with a single interconnection to the electrical grid.

View AppendixView AppendixView Appendix

Last updated July 6, 2026 at 12:12 PM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-06

(A) Upon receipt of a standard certificate application for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule, the chairperson, or the chairperson's designee, shall examine the certificate application to determine compliance with Chapters 4906-1 to 4906-7 of the Administrative Code. Within forty-five days following receipt, the chairperson or designee shall do one of the following:

(1) Accept the standard certificate application as complete and notify the applicant to serve and file a certificate of service for the accepted, complete application.

(2) Reject the standard certificate application as incomplete and mail a copy of the completeness decision to the applicant setting forth specific grounds on which the rejection is based. If an application is determined as incomplete, the applicant may appeal for redetermination by an administrative law judge.

(3) Take no action, in which case the application shall be deemed complete by operation of law.

(B) Upon receipt of a standard certificate application for a major utility facility which is related to a coal research and development project as defined in section 1551.01 of the Revised Code, or to a coal development project as defined in section 1551.30 of the Revised Code, submitted to the Ohio coal development office for review under division (B)(7) of section 1551.33 of the Revised Code, the chairman shall promptly accept the certificate application as complete and shall notify the applicant to file the accepted, complete application in accordance with the provisions of rules 4906-3-08 and 4906-3-09 of the Administrative Code.

(C) Staff will investigate each accepted, complete application and submit a written report as provided by division (C) of section 4906.07 of the Revised Code not less than fifteen days prior to the beginning of public hearings.

(1) The staff report for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule will describe the nature of the investigation and contain recommended findings with regard to division (A) of section 4906.10 of the Revised Code and all applicable rules contained in Chapters 4906-1 to 4906-7 of the Administrative Code.

(2) The staff report for a major utility facility that is filed under paragraph (B) of this rule will describe the nature of the investigation and contain recommended findings with regard to divisions (A)(2), (A)(3), (A)(5), (A)(6), and (A)(7) of section 4906.10 of the Revised Code.

(3) The staff report will be filed by staff and become part of the official record in the case pursuant to section 4906.07 of the Revised Code.

(4) Copies of the staff report shall be provided to the board members, the administrative law judge assigned to the case, the applicant, all persons who have become parties to the proceedings, and to any person upon request.

(5) The chairperson shall cause either a copy of such staff report or a notice of the availability of such staff report to be placed in the main public library of each political subdivision as referenced in division (B) of section 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the staff report is available from staff (with instructions as to how to obtain an electronic or paper copy) and available for inspection at the board's main office. Staff will also maintain on the board's website information as to how to request an electronic or paper copy of the staff report. Upon request for a paper copy of the staff report, staff shall supply the report without cost.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-03

(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 construction. For good cause shown, the applicant may request a shorter automatic approval date than the ninety or twenty-eight day requirement.

(B) Except as described in paragraphs (C) and (D) of this rule, a construction notice is due not less than ninety days before planned commencement of construction. A construction notice for which the applicant requests expedited processing shall be filed not less than twenty-one days before planned commencement of construction. For good cause shown, the applicant may request a shorter automatic approval date than the ninety or twenty-one day requirement.

(C) A construction notice and any application fee are due not less than sixty days before planned commencement of construction of a major utility facility that meets the site control criteria described in division (H) of section 4906.03 of the Revised Code.

(D) A construction notice for a major utility facility to be located in a priority investment area as described in division (G) of section 4906.03 of the Revised Code shall be considered as follows:

(1) The chairperson shall review the application to determine its completeness as provided in paragraph (A) of rule 4906-3-06 of the Administrative Code.

(2) For projects that are deemed complete, the application shall be considered approved by operation of law unless the board renders a decision concerning the application within forty-five days of the completeness determination.

Last updated July 6, 2026 at 8:39 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-1-02 Purpose and scope.

(A) The purpose of this chapter is to provide for just, efficient, and inexpensive determination of the issues presented in matters under Chapter 4906. of the Revised Code.

(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 updated May 30, 2024 at 9:06 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-1-03 Board meetings.

(A) All meetings of the board at which official action is taken and deliberation upon official business is conducted shall be open to the public. For the purpose of this rule, the term "meeting" shall mean any prearranged discussion of the public business of the board by a majority of its members. All resolutions, rules, regulations or formal action of any kind shall be adopted in an open meeting of the board.

(B) The chairperson shall cause to be made and preserve such records as are necessary for the adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the board and for the protection of the legal and financial rights of the state and persons directly affected by the board's activities under Chapter 4906. of the Revised Code.

(C) The minutes of a regular or special meeting of the board shall be promptly recorded and such records shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) of section 121.22 of the Revised Code.

(D) Following a majority vote of its members, the board may hold an executive session only at a regular or special meeting for the sole purpose of the consideration of the matters contained in division (G) of section 121.22 of the Revised Code. Such executive session may be held only at a meeting for which notice has been given in accordance with the requirements of paragraph (E) of this rule.

(E) Notice of board meetings

(1) Any person may ascertain the time and place of each regularly scheduled meeting and the time, place and purpose of each special meeting in the following manner:

(a) Writing to the board's principal office.

(b) Calling the board between eight a.m. and five-thirty p.m. except on Saturdays, Sundays, or legal holidays.

(c) Accessing the board's website at www.opsb.ohio.gov.

(d) Emailing the board at contactopsb@puco.ohio.gov.

(2) Notice of all meetings of the board shall be given to the following persons:

(a) All individuals on the board's electronic notification of meeting distribution list shall be given notice of all regular meetings. This list shall consist of those persons who have requested notice of each board meeting by signing upon the board's website or contacting the board at (866) 270-6772.

(b) All news media routinely notified by the board shall be given notice of all regular board meetings. No special meeting of the board shall be held unless the board gives twenty-four hours advance notice to the news media, except in the event of an emergency requiring immediate official action. In the event of an emergency, the board shall immediately notify the news media of the time, place and purpose of the meeting.

(3) Notice of all board meetings shall include but not be limited to the following information:

(a) Date, time and location of the meeting.

(b) Agenda for the meeting.

(c) Name of a person to be contacted for further information.

(4) When practicable, such notice shall be issued not less than seven days prior to any regular meeting of the board. Such notice shall be issued not less than twenty-four hours prior to a special meeting and immediately before a meeting in the event of an emergency.

Last updated May 30, 2024 at 9:07 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-1-04 Fees and payments.

(A) All duplication fees used to defray the cost of copying documents shall be charged by the board in accordance with applicable provisions of the Revised Code, including section 4903.23 of the Revised Code.

(B) All application fees shall be determined pursuant to rule 4906-3-12 of the Administrative Code.

(C) All payments of application fees may be paid by credit card, debit card, personal check, cashier's check, certified check, money order, wire or electronic funds transfer. Cash payments are not permitted. Payment remittance instructions shall be provided on the invoice and shall be due upon receipt of an invoice unless otherwise indicated. Payment shall contain the identifying case or invoice number for which payment is tendered. Invoices determined uncollectible will be certified to the attorney general of Ohio for further collection actions in accordance with section 131.02 of the Revised Code.

(D) All payments of forfeitures, compromise forfeitures, and other payments made pursuant to stipulation shall be made in accordance with rule 4906-7-03 of the Administrative Code.

Last updated May 30, 2024 at 9:07 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-12

(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 expenses associated with monitoring, construction, and operation of the facility to assure compliance with certificate conditions. Changes in fee amounts and the assessment of compliance expenses as described in this rule apply to applications filed after the effective date of this rule amendment, and any changes in fee structure shall not increase fees for projects that have obtained a certificate or already filed an application with the board prior to the effective date of this amendment.

(B) Application fees submitted to the board shall be utilized for all identifiable expenses, as described in paragraph (A) of this rule.

(C) The application fee to initiate the review of a standard certificate application shall be ten thousand dollars, which shall be paid at the time that a case for a standard certificate application is opened by an applicant. The standard certificate application fee will be applied against all costs incurred by the board in processing the applicant's case prior to the time of issuance of a letter accepting the application as complete and in compliance with board rules.

(D) Application fees for the board's expenses following the determination that an application is complete shall be determined as follows:

(1) For a single or multiple unit electric power generation plant and associated facilities, or substantial additions thereto, the fee is the product of fifty cents times the maximum kilowatt electric capacity, as determined by the estimated net demonstrated capability of the highest capacity alternative. The maximum application filing fee shall be one hundred fifty thousand dollars .

(2) For a gas pipeline and associated facilities or an electric power transmission line and associated facilities shall consist of an amount based on the estimated construction cost of the most costly alternative route as follows:

(E) After accepting an application as complete, the chairperson, using paragraph (D) of this rule, shall determine the amount of the application filing fee, advise the applicant of the fee amount, and advise the applicant that it is payable within fourteen days.

(F) Board expenses associated with a preapplication conference will be included as part of the application review expenses. If the applicant fails to file an application within twelve months of the preapplication conference, the chairperson shall invoice the applicant for the expenses the board incurred as a result of the preapplication conference.

(G) If an associated transmission substation is included in the application for an electric transmission line, the application fee for the substation shall be calculated separately and added to the filing fee for the transmission line.

(H) The application filing fee for an amendment to a certificate shall be paid by the applicant upon filing the amendment application, and consist of:

(1) An amount based on the estimated construction cost of the amended portion of the facility as follows:

(I) If the chairperson determines that the application fee paid under paragraph (D) or (H) of this rule will not be adequate to pay for the board's identifiable expenses as described in paragraph (A) of this rule, the chairperson may charge the applicant a supplemental application fee in an amount necessary to cover such expenses.

(J) For purposes of this rule, "construction cost" shall include all costs of the project including rights-of-way, land acquisition, clearing, material and equipment, erection of the facility and any other capital cost applicable to the project.

(K) Board expenses for the resolution of jurisdictional issues, and all other incidental services will be invoiced at cost. Payment shall be due upon receipt of an invoice.

(L) The board shall publish annually a report accounting for the collection and expenditure of fees. The annual report shall be published not later than the last day of June of the year following the calendar year to which the report applies.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-7-03

(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 forfeitures and payments made pursuant to stipulations shall be mailed or delivered to: Ohio Power Siting Board, Fiscal Division, 180 East Broad Street, Columbus, Ohio 43215-3793."

Last updated May 30, 2024 at 9:20 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-1-05 Site visits.

Persons proposing, owning or operating major utility facilities or economically significant wind farms shall allow the board, its representatives (including, but not limited to contractors and inspectors), or staff to make visits, subject to advance notice when reasonably appropriate, to proposed or alternative sites or routes of a major utility facility or economically significant wind farm or a substantial addition in order to carry out board responsibilities pursuant to Chapter 4906. of the Revised Code.

Last updated May 30, 2024 at 9:07 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Chapter 4906-2 Procedure in Cases before the Board

Ohio Adm.Code 4906-2-01 Purpose and scope.

(A) This chapter sets forth the procedural standards which apply to all persons or entities participating in cases before the board.

(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 updated May 30, 2024 at 9:08 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-02 Filing of pleadings and other documents.

(A) General provisions

(1) The principal office of the board is located within the office of the public utilities commission of Ohio. The official address of the board is: 180 East Broad street, Columbus, Ohio 43215-3793.

(2) Filings for the board shall be addressed to: "Ohio Power Siting Board, Docketing Division, 180 East Broad Street, Columbus, Ohio 43215-3797."

(3) The internet address of the docketing division is http://dis.puc.state.oh.us.

(4) The docketing division is open from seven-thirty a.m. to five-thirty p.m., Monday through Friday, except on state holidays.

(5) Except as discussed in paragraph (D) of this rule, no document shall be considered filed with the board until it is received and date-stamped by the docketing division.

(6) The board reserves the right to redact any material from a filed document prior to posting the document on the docketing information system if the board finds the material to be confidential personal information, a trade secret, or inappropriate for posting to its website.

(7) A party seeking to consolidate a new case with one or more previously filed cases, or with cases being concurrently filed, shall file a motion to consolidate the cases.

(B) Paper filing

(1) All applications, complaints, reports, pleadings, or other documents to be paper filed with the board shall be mailed or delivered to the docketing division at the address shown in paragraph (A) of this rule. In addition to the original, any person paper filing a document for inclusion in a case file must submit the required number of copies of the document. Information regarding the number of copies required by the board is available under procedural filing requirements on the docketing information system website, by calling the docketing division at 614-466-4095, or by visiting the docketing division at the offices of the commission. Failure to submit the required copies may result in the document being stricken from the case file. An administrative law judge may require a party to provide additional paper copies of any filed document.

(2) Unless a request for a protective order is made in accordance with rule 4906-2-21 of the Administrative Code, concurrent with or prior to receipt of the document by the docketing division, any document filed with the docketing division will be made publicly available on the docketing information system.

(C) Facsimile transmission (fax) filing

A person may file documents with the board via fax under the following conditions:

(1) The following documents may not be delivered via fax:

(a) The application or other initial pleading that is responsible for the opening of a case.

(b) Any document for which protective or confidential treatment is requested under rule 4906-2-21 of the Administrative Code.

(c) A notice of appeal of a board order to the Ohio supreme court filed pursuant to section 4903.13 of the Revised Code or service of that notice upon the chairperson.

(2) All documents sent via fax must include a transmission sheet that states the case number, case title, date of transmission, number of pages, brief description of the document, and the name and telephone number of the sender.

(3) The originator of a fax document must contact the docketing division at (614) 466-4095 prior to sending a fax. A person must notify the docketing division of its intent to send a document by fax by five p.m. on the date the document is to be sent. The person must be prepared to commence transmission at the time the docketing division is notified.

(4) All documents must be sent to the fax machine in the docketing division at (614) 466-0313. If that machine is inoperable, directions for alternative arrangements will be given when the originator calls to commence a fax. Unrequested documents sent to any of the board's other facsimile machines will not be relayed to the docketing division by board employees.

(5) Excluding the transmission sheet, all documents transmitted by fax must be thirty pages or less.

(6) All documents must be legible when received. Illegible documents received via fax will not be filed. If the document is illegible, the docketing division will attempt to contact the sender to resolve the problem. The person making a fax filing shall bear all risk of transmission, including all risk of equipment, electric, or telephonic failure or equipment overload or backup. Any document sent by fax that is received in whole or in part after five-thirty p.m. will be considered filed the next business day.

(7) No document received via fax will be given confidential treatment by the board.

(8) If a document is delivered via fax, the party must make arrangements for the original signed document and the required number of copies of the pleading to be delivered to the board no later than the next business day. Failure to comply with this requirement may result in the document being stricken from the case file.

(9) Because a document sent to the board by fax will be date-stamped, and thus filed, the day it is received by the docketing division, the originator of the document shall serve copies of the document upon other parties to the case no later than the date of filing.

(D) Electronic filing (e-file)

A person may e-file documents with the board under the following conditions:

(1) All filings must comply with the electronic filing manual and technical requirements at the docketing information system website and any additional guidelines provided by the board.

(2) All filings must be searchable and the electronic file must be able to be reproduced in hard copy at the same quality as the original.

(3) The service of a notice of appeal of a board order pursuant to section 4903.13 of the Revised Code upon the chairperson shall not be delivered via e-filing:

(4) An applicant may electronically file a certificate application pursuant to section 4906.06 of the Revised Code containing the full electronic copy of the application. The applicant also shall submit three complete paper copies of the application to the docketing division on the same day that an e-filing of the application is made and will be expected to provide additional paper copies or electronic copies upon request.

(5) Provided that a document is not subsequently rejected by the docketing division, an e-filed document will be considered filed as of the date and time recorded on the confirmation page that is electronically inserted as the last page of the filing upon receipt by the docketing division, except that any e-filed document received after five-thirty p.m. shall be considered filed at seven-thirty a.m. the next business day. The docketing division may reject any filing that does not comply with the electronic filing manual and technical requirements, is unreadable, includes anything deemed inappropriate for inclusion on the docketing information system, or is submitted for filing in a closed or archived case. If an e-filing is rejected by the docketing division, an email message will be sent to inform the filer of the rejection and the reason for the rejection.

(6) If an e-filing is accepted, notice of the filing will be sent via electronic mail to all persons who have electronically subscribed to the case, including the filer. This email notice will constitute service of the e-filed document upon those persons electronically subscribed to the case. Upon receiving the email notice that the e-filed document has been accepted by the docketing division, the filer shall serve copies of the document in accordance with rule 4906-2-05 of the Administrative Code upon parties to the case who are not electronically subscribed to the case.

(7) The docketing division closes at five-thirty p.m. To allow time for same-day review and acceptance of e-filings, persons making e-filings are encouraged to make their filings by no later than four p.m.

(8) The person making an e-filing shall bear all risk of transmitting a document including, but not limited to, all risk of equipment, electric, or internet failure.

(9) If an electronic filing of a certificate application cannot be made due to electronic or other problems that prevent either all or part of the certificate application to go through the docketing division equipment, the applicant shall file the three paper copies of the certificate application, five portable solid-state drives containing the complete application, and a geographic information systems data drive with the docketing division in lieu of the electronic filing. The applicant will then have an additional one business day either to complete the electronic filing of the certification application or to provide fifteen more paper copies of the certificate application unless a longer period is granted by the administrative law judge. If the additional paper copies are made timely, the certificate application shall be considered filed on the day the electronic filing could not be made but the three paper copies, the five portable solid state drives, and the geographic information systems data drives were filed.

(10) E-filed documents must be complete documents. Appendices or attachments to an e-filed document may not be filed by other methods without prior approval. Large documents may be e-filed in parts as long as all parts are e-filed on the same day.

(11) Except as otherwise provided by this rule or directed by an administrative law judge, a person filing a document electronically need not submit any paper copy of an e-filed document to the docketing division.

(E) The docketing division designates the status of each case under the case number and case name on the docket card. As discussed in this rule, attempts to make filings in certain designated cases will be denied.

(1) An open case is an active case in which filings may be made.

(2) A closed case is one in which no further filings may be made without the consent of the administrative law judge. When a case is closed, any person seeking to make a filing in a case must first contact the administrative law judge assigned to the case. If the administrative law judge agrees to permit the filing, the docketing division will be notified to reopen the case. If an additional filing is permitted, the case status will be changed to open and service of the filing must be made by the filer upon the parties to the case in accordance with rule 4906-2-05 of the Administrative Code.

(3) An archived case is a closed case that will not be reopened and in which no further filings will be permitted. If additional activity is thereafter required on any matter addressed in an archived case, the board will open a new case and designate the new case as a related case. The docketing information system displays for each case a related cases tab to provide a link to related cases.

(4) A reserved case is one set aside for future use. No filings should be made in the case until the party for who it was reserved makes an initial filing.

(5) A void case is one that was opened in error and no documents may be filed in it.

Last updated May 30, 2024 at 9:08 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-21

(A) Upon motion of any party or person from whom discovery is sought, the board or the administrative law judge may issue any order which is necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Such a protective order may provide that:

(1) Discovery not be had.

(2) Discovery may be had only on specified terms and conditions.

(3) Discovery may be had only by a method of discovery other than that selected by the party seeking discovery.

(4) Certain matters not be inquired into.

(5) The scope of discovery be limited to certain matters.

(6) Discovery be conducted with no one present except persons designated by the board or the administrative law judge.

(7) A trade secret or other confidential research, development, commercial, or other information not be disclosed or be disclosed only in a designated way.

(8) Information acquired through discovery be used only for purposes of the pending proceeding, or that such information be disclosed only to designated persons or classes of persons.

(B) No motion for a protective order shall be filed under this rule until the person or party seeking the order has exhausted all other reasonable means of resolving any differences with the party seeking discovery. A motion for a protective order shall be accompanied by:

(1) A memorandum in support, setting forth the specific basis of the motion and citations to any authorities relied upon.

(2) Copies of any specific discovery request which are the subject of the request for a protective order.

(3) An affidavit of counsel, or of the person seeking a protective order if such person is not represented by counsel, setting forth the efforts which have been made to resolve any differences with the party seeking discovery.

(C) If a request for a protective order is denied in whole or in part, the board or the administrative law judge may require that the party or person seeking the order provide or permit discovery on such terms and conditions as are just.

(D) Upon motion of any party or person filing a document with the board's docketing division relative to a case before the board, the board or the administrative law judge assigned to the case may issue any order which is necessary to protect the confidentiality of information contained in the document, to the extent that state or federal law prohibits release of the information, including where it is determined that both of the following criteria are met: The information is deemed by the board or administrative law judge assigned to the case to constitute a trade secret under Ohio law, and where non-disclosure of the information is not inconsistent with the purpose of Title 49 of the Revised Code. Any order issued under this paragraph shall minimize the amount of information protected from public disclosure. The following requirements apply to a motion filed under this paragraph.

(1) All documents submitted pursuant to this rule should be filed with only such information redacted as is essential to prevent disclosure of the allegedly confidential information. Such redacted documents should be filed with the otherwise required number of copies for inclusion in the public case file.

(2) Three unredacted copies of the allegedly confidential information shall be filed under seal, along with a motion for protection of the information, with the chief of the docketing division, or the chief's designee. Each page of the allegedly confidential material filed under seal must be marked as "confidential," "proprietary", or "trade secret".

(3) The motion for protection of allegedly confidential information shall be accompanied by a memorandum in support setting forth the specific basis of the motion, including a detailed discussion of the need for protection from disclosure, and citations of any authorities relied upon. The motion and memorandum in support shall be made part of the public record of the proceeding.

(E) Pending a ruling on a motion filed in accordance with this rule, the information filed under seal will not be included in the public record of the proceeding or disclosed to the public until otherwise ordered or released pursuant to this rule. The board and its employees will undertake reasonable efforts to maintain the confidentiality of the information pending a ruling on the motion. A document or portion of a document filed with the docketing division that is marked "confidential", "proprietary", "trade secret", or with any other such marking, will not be afforded confidential treatment and protected from disclosure unless it is filed in accordance with this rule.

(F) Unless otherwise ordered, any order prohibiting public disclosure pursuant to this rule shall automatically expire twenty-four months after the date of its issuance, and such information may then be included in the public record of the proceeding. Exceptions may be made for motions seeking to protect critical energy infrastructure information. A party wishing to extend a protective order beyond twenty-four months shall file an appropriate motion at least forty-five days in advance of the expiration date of the existing order. The motion shall include a detailed discussion of the need for continued protection from disclosure.

(G) Nothing precludes the board from reexamining the need for protection issue de novo during the twenty-four month period if there is an application for rehearing on confidentiality or a public records request for the redacted information.

Last updated June 17, 2024 at 10:51 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-05

(A) Unless otherwise ordered by the board or the administrative law judge, all pleadings or papers filed with the board subsequent to the original filing or board entry initiating the proceeding shall be served upon all parties no later than the date of filing. Such pleadings or other papers shall contain a certificate of service. The certificate of service shall state the date and manner of service, identify the names of the persons served, and be signed by the attorney or the party who files the document. The certificate of service for a document served by mail or personal service also shall include the address of the person served. The certificate of service for a document served by fax also shall include the fax number of the person to whom the document was transmitted. The certificate of service for a document served by email also shall include the email address of the person to whom the document was sent.

(B) If an e-filing is accepted by the docketing division, an email notice of the filing will be sent by the docketing division's e-filing system to all persons who have electronically subscribed to the case. The email notice will constitute service of the document upon the recipient. Upon receiving notice that an e-filing has been accepted by the docketing division, the filer shall serve copies of the document in accordance with this rule upon all other parties to the case who are not served via the email notice. A person making an e-filing shall list in the certificate of service included with the e-filing the parties who will be served by email notice by the docketing division's e-filing system and the parties who will be served by traditional methods by the person making the filing. The certificate of service for an e-filed document shall include the following notice: The docketing division's e-filing system will electronically serve notice of the filing of this document on the following parties: (list the names of the parties referenced on the service list of the docket card who have electronically subscribed to the case). The docketing division shall serve all parties to a proceeding with copies of the staff report in a proceeding.

(C) If a party has entered an appearance through an attorney, service of pleadings or other papers shall be made upon the attorney instead of the party. If the party is represented by more than one attorney, service need only be made upon the "counsel of record" designated under rule 4906-2-26 of the Administrative Code.

(D) Service upon an attorney or party may be personal, by mail, by fax, or by email. Personal, facsimile transmission, or electronic message service made after five-thirty p.m. shall be considered complete on the next business day.

(1) Personal service is complete by delivery of the copy to the attorney or to a responsible person at the office of the attorney. Personal service to a party not represented by an attorney is complete by delivery to the party or to a responsible person at the address provided by the party in its pleadings.

(2) Service by mail to an attorney or party is complete by mailing a copy to his or her last known address. If the attorney or party to be served has previously filed and served one or more pleadings or documents in the proceeding, the term "last known address" means the address set forth in the most recent pleading or document.

(3) Service of a document to an attorney or party by fax may be made only if the person to be served has consented to receive service of the document by fax. Service by fax is complete upon the sender receiving a confirmation generated by the sender's fax equipment that the fax has been sent. The sender shall retain the confirmation as proof of service until the case is completed.

(4) Service of a document by email to an attorney or party may be made only if the person to be served has consented to receive service of the document by email. Service by email is complete upon the sender receiving a confirmation generated by the sender's computer that the email has been sent. The sender shall retain the confirmation as proof of service until the case is completed.

(E) For purposes of this rule, the term "party" includes all persons who have filed notices or petitions to intervene that are pending at the time a pleading or document is to be served, provided that the person serving the pleading or document has been served with a copy of the notice or petition to intervene.

(F) The board or the administrative law judge may order in certain cases that pleadings or documents be served in a specific manner to expedite the exchange of information.

Last updated June 17, 2024 at 10:45 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-03 Form of pleadings and other papers.

(A) Except as provided by rule 4906-2-04 of the Administrative Code, all pleadings or other papers to be filed with the board shall contain a caption or cover sheet setting forth the name of the board, the title of the proceeding, and the nature of the pleading or paper. All pleadings or papers filed subsequently to the original filing or board entry initiating the proceeding shall contain the case name and docket number of the proceeding. Such pleadings or other papers shall also contain the name, address, and telephone number of the person filing the paper, or the name, address, telephone number, and attorney registration number of his or her attorney, if such person is represented by counsel. The party making a filing should include a fax number and/or an email address if the party is willing to accept service of pleadings by fax or email. An attorney or party who is willing to accept service of filed documents by fax shall include the following phrase next to or below its fax number: (willing to accept service by fax). An attorney or party who is willing to accept service of filed documents by email shall include the following phrase next to or below its email address: (willing to accept service by email).

(B) All pleadings or other papers to be filed with the board shall be printed, typewritten, or legibly handwritten on eight and one-half by eleven-inch paper. Widths of the margins shall be no less than one inch. The impression may be printed on both sides of the page, and shall have at least one and a half line spacing, except that quotations in excess of five typewritten lines shall be single spaced and indented. This requirement does not apply to:

(1) Original documents to be offered as exhibits.

(2) Copies of original documents to be offered as exhibits, where compliance with this requirement would be impracticable.

(3) Forms approved or supplied by the board.

(C) Nothing in paragraph (B) of this rule prohibits the filing of photocopies of documents that otherwise meet the requirements of that paragraph.

(D) Maps and exhibits that are printed on large format paper (greater than eleven inches by seventeen inches) should be provided in a roll or tube, and not folded.

Last updated June 17, 2024 at 10:45 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-04

(A) In addition to the requirements of rule 4906-2-03 of the Administrative Code, the following conditions apply to certificate applications:

(1) Each page of the certificate application shall be numbered.

(2) Copies of the standard certificate application shall be submitted in hard-cover, loose-leaf binders labeled with the following information:

(a) Name of applicant.

(b) Name of the proposed facility.

(c) Year of submittal of the certificate application.

(d) Case number.

(3) Each certificate application shall be accompanied by a cover letter containing the following information:

(a) Name and address of the applicant.

(b) Name and location of the proposed facility.

(c) Name and address of the applicant's authorized representative.

(d) An explanation of any information that was presented by the applicant in the preapplication notification letter that has been revised by the applicant since the issuance of the letter.

(e) Notarized statement that the information contained in the certificate application is complete and correct to the best knowledge, information and belief of the applicant.

(B) The information contained within the certificate application shall conform to the requirements of Chapters 4906-4 to 4906-6 of the Administrative Code, whichever is applicable, except that a standard certificate application for a major utility facility which is related to a coal research and development project as defined in section 1555.01 of the Revised Code, or to a coal development project as defined in section 1551.30 of the Revised Code, submitted to the Ohio coal development office for review under division (B)(8) of section 1551.33 of the Revised Code, shall be the full final proposal as accepted by the Ohio coal development office.

(C) The following general instructions apply to certificate applications:

(1) The costs and benefits of the direct and indirect effects of siting decisions shall be expressed in monetary and quantitative terms whenever doing so is practicable. All responses shall be supported by:

(a) An indication of the source of data.

(b) The assumptions made.

(c) The methods of reaching the conclusions.

(d) The justification for selection of alternatives.

(2) Information filed by the applicant in response to the requirements of one section without a clear reference to the information that was given in a prior section shall not be deemed responses to any other section of the certificate application requirements.

(3) If an applicant asserts that a particular requirement is not applicable to the proposed facility, the applicant must provide an explanation why the requirement is not applicable.

(4) Information shall be derived from onsite surveys, as needed, and the best available, most current reference materials. The applicant shall provide all required information for each facility alternative.

(5) The applicant may provide a copy of any 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 a specific requirement, provided that the information contained therein is responsive to the requirement. A brief summary of the study shall be provided in the body of the application.

(6) If the applicant has prepared the required hard copy maps using digital, geographically referenced data, an electronic copy of all such data, excluding data obtained by the applicant under a licensing agreement which prohibits distribution, shall be provided to staff on a portable solid state drive concurrent with submission of the application.

(7) All maps shall be produced at a scale such that all required features are legible, with minimal overlap. If a map requires shading or colors to distinguish different classes of the same feature (e.g., land use types), no more than six colors or shading patterns should be used for one set of features. Mapping requirements may be combined in a common map or maps, provided that the common map(s) remain legible and references to the common map(s) are included in the application. Maps shall include a representation of the map scale and the date upon which the map was produced.

Last updated May 30, 2024 at 9:08 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-26

(A) Except as otherwise provided in paragraphs (B), (C), and (D) of this rule, each party shall be represented by an attorney at law authorized to practice before the courts of this state, with the exception of an individual person who is appearing on his or her own behalf.

(B) An out-of-state attorney may seek permission to appear pro hac vice before the board in any activity of a case upon the filing of a motion. The motion shall include all the information and documents required by paragraph (A)(6) of section 2 of rule XII of the Rules of the Government of the Bar of Ohio.

(C) Certified legal interns may appear before the board under the direction of a supervising attorney in accordance with rule II of the Supreme Court Rules for the Government of the Bar of Ohio. No legal intern shall participate in a board hearing in the absence of the supervising attorney without:

(1) The written consent of the supervising attorney.

(2) The approval of the board or the administrative law judge.

(D) Where a party is represented by more than one attorney, one of the attorneys shall be designated as the "counsel of record," who shall have principal responsibility for the party's participation in the proceeding. The designation "counsel of record" shall appear following the name of that attorney on all pleadings or papers submitted on behalf of the party.

(E) No attorney shall withdraw from a board proceeding without prior written notice to the board and shall serve a copy of the notice upon the parties to the proceeding.

Last updated June 17, 2024 at 11:03 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-06 Computation of time.

Unless otherwise provided by law or by the board:

(A) In computing any period of time prescribed or allowed by the board, the date of the event from which the period of time begins to run shall not be included. Going forward, the last day of the period so computed shall be included, unless it falls on a Saturday, Sunday, or legal holiday, in which case the period of time shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. Going backwards (e.g., expert testimony shall be filed five days before the start of the hearing), the last day of the period so computed shall be included, unless it falls on a Saturday, Sunday, or holiday, in which case the period of time shall move forward (e.g., toward the start of the hearing) to a day that is not a Saturday, Sunday, or legal holiday. Unless otherwise noted, time is measured in calendar, not business days.

(B) If the board office is closed to the public for the entire day that constitutes the last day for doing an act or closes before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Saturday, Sunday, or legal holiday.

Last updated June 17, 2024 at 10:45 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-07 Continuances and extensions of time.

(A) Except as otherwise provided by law, and notwithstanding any other provision in this chapter, continuances of public hearings and extensions of time to file pleadings or other papers may be granted upon motion of any party for good cause shown, or upon motion of the board or the administrative law judge.

(B) A motion for an extension of time to file a document must be timely filed so as to permit the board or administrative law judge sufficient time to consider the request and to make a ruling prior to the established filing date. If two or more parties have similar documents due the same day and a party intends to seek an extension of the filing date, the moving party must file its motion for an extension sufficiently in advance of the existing filing date so that other parties who might be disadvantaged by submitting their filing prior to the movant submitting its filing will not be disadvantaged. If two or more parties have similar documents due the same day and the motion for an extension is filed fewer than five business days before the document is scheduled to be filed, then the moving party, in addition to regular service of the motion for an extension, must provide a brief summary of the request to all other parties orally, by facsimile transmission, or by electronic message by no later than five-thirty p.m. on the day the motion is filed.

(C) A copy of any written ruling granting or denying a request for a continuance or extension of time shall be served upon all parties to the proceeding.

(D) Nothing in this rule restricts or limits the authority of the administrative law judge to issue oral rulings during public hearings or transcribed prehearing conferences.

Last updated June 17, 2024 at 10:45 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-08 Signing of pleadings.

(A) Except for e-filed documents, every notice, motion, petition, complaint, brief, memorandum, or other paper filed by any person shall be signed by that person or by his or her attorney but need not be verified unless specifically required by law or by the board. Persons who e-file documents shall use "/s/" followed by their name to indicate a signature or an electronic signature where applicable.

(B) Each application for a certificate shall include a statement, signed by a person having authority with respect thereto, and having knowledge of the matters presented in the certificate application of the company submitting such document, that the statements set forth in the document are true and correct to the best of his/her knowledge, information, and belief.

Last updated June 17, 2024 at 10:46 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-09 Hearings.

(A) Unless otherwise ordered, all hearings shall be held at the principal office of the board. However, where practicable, the board shall schedule a session of the hearing for the purpose of taking public testimony in the vicinity of the project. Reasonable notice of each hearing shall be provided to all parties.

(B) The administrative law judge shall regulate the course of the hearing and conduct of the participants. Unless otherwise provided by law, the administrative law judge may without limitation:

(1) Administer oaths and affirmations.

(2) Determine the order in which the parties shall present testimony and the order in which witnesses shall be examined.

(3) Issue subpoenas.

(4) Rule on objections, procedural motions, and other procedural matters.

(5) Examine witnesses.

(6) Grant continuances.

(7) Require expert or factual testimony to be offered in board proceedings to be reduced to writing, filed with the board, and served upon all parties and the staff prior to the time such testimony is to be offered and according to a schedule to be set by the administrative law judge.

(8) Take such actions as are necessary to:

(a) Avoid unnecessary delay.

(b) Prevent the presentation of irrelevant or cumulative evidence.

(c) Prevent public disclosure of trade secrets, proprietary business information, or confidential research, development, or commercial materials and information. The administrative law judge may, upon motion of any party, direct that a portion of the hearing be conducted in camera and that the corresponding portion of the record be sealed to prevent public disclosure of trade secrets, proprietary business information or confidential research, development, or commercial materials and information. The party requesting such protection shall have the burden of establishing that such protection is required.

(d) Assure the hearing proceeds in an orderly and expeditious manner.

(C) Members of the public to offer testimony may be sworn in or affirmed at the portion or session of the hearing designated for the taking of public testimony.

(D) Formal exceptions to rulings or orders of the administrative law judge are unnecessary if, at the time any ruling or order is made, the party makes known the action which he or she desires the presiding hearing officer to take, or his or her objection to action which has been taken and the basis for that objection.

Last updated June 17, 2024 at 10:46 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-10 Ex parte discussion of cases.

Except as provided in section 4906.024, of the Revised Code after a case has been assigned a formal docket number, no board member or administrative law judge assigned to the case shall discuss the merits of the case with any party or intervenor to the proceeding, unless all parties and intervenors have been notified and have been given the opportunity of being present or a full disclosure of the communication insofar as it pertains to the subject matter of the case has been made.

When an ex parte discussion occurs, a representative of the party or parties at the discussion shall prepare a document listing the parties in attendance and providing a full disclosure of the communications made. Within two business days of the occurrence of the ex parte discussion, the document shall be provided to the chairperson or board member or to an administrative law judge present at the discussion for review. Upon completion of the review, the final document shall be filed with the board's docketing division and served upon the parties to the case within two business days and the filer shall serve a copy upon the parties to the case and to each participant in the discussion. The document filed and served shall include the following language: Any participant in the discussion who believes that any representation made in this document is inaccurate or that the communications made during the discussion have not been fully disclosed shall prepare a letter explaining the participant's disagreement with the document and shall file the letter with the board and serve the letter upon all parties and participants in the discussion within two business days of receipt of this document.

Last updated May 30, 2024 at 9:08 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-11 Parties.

(A) The parties to a board proceeding concerning an application for a certificate shall include:

(1) Any person who files an application or a petition for a jurisdictional determination.

(2) Any person who is designated as the subject of a board investigation.

(3) Any person granted leave to intervene under rule 4906-2-12 of the Administrative Code.

(4) Any other person expressly made a party by order of the board or administrative law judge.

(B) If any owner of a major utility facility is operated by a receiver or trustee, the receiver or trustee shall also be made a party.

(C) Except for purposes of rules 4906-2-05, 4906-2-13, 4906-2-16, 4906-2-22, 4906-2-24, 4906-2-26, 4906-2-27, 4906-2-28, and 4906-2-29 of the Administrative Code, the board staff shall not be considered a party to any proceeding.

Last updated June 17, 2024 at 10:46 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-12

(A) Persons who desire to intervene in a board proceeding shall comply with the following requirements:

(1) The chief executive officer of each municipal corporation and county and the head of each public agency charged with the duty of protecting the environment or of planning land use in the area in which any portion of such facility is to be located may intervene by preparing and filing with the board, within thirty days after the date he or she was served with a copy of the application under division (B) of section 4906.06 of the Revised Code, a notice of intervention containing the following information:

(a) A certification or affirmation as to the legal title and authority of such official.

(b) A statement demonstrating the fact that all or part of the proposed facility is to be located within the area under the jurisdiction of such official.

(c) A statement indicating that such official intends to intervene in the proceedings, together with the grounds for which intervention is sought and the interest of the official in the proceeding, if known.

(2) All other persons may petition for leave to intervene by:

(a) Preparing a petition for leave to intervene setting forth the grounds for the proposed intervention and the interest of the petitioner in the proceedings.

(b) Filing said petition within thirty days after the date of publication of the notice required in accordance with paragraph (A)(1) of rule 4906-3-09 of the Administrative Code or in accordance with division (B) of section 4906.08 of the Revised Code or as otherwise directed by the board or the administrative law judge.

(3) Copies of all notices of intervention and petitions for leave to intervene shall be sent to all parties by the prospective intervenor, and a certificate of service shall be filed with the board at the time of filing said notice or petition pursuant to rule 4906-2-05 of the Administrative Code.

(B) The board or the administrative law judge shall grant petitions for leave to intervene only upon a showing of good cause.

(1) In deciding whether to permit intervention under this paragraph, the board or the administrative law judge may consider:

(a) The nature and extent of the person's interest.

(b) The extent to which the person's interest is represented by existing parties.

(c) The person's potential contribution to a just and expeditious resolution of the issues involved in the proceeding.

(d) Whether granting the requested intervention would unduly delay the proceeding or unjustly prejudice an existing party.

(C) The board or the administrative law judge may, in extraordinary circumstances and for good cause shown, grant a petition for leave to intervene in subsequent phases of the proceeding, filed by a person identified in paragraph (A)(1) or (A)(2) of this rule, who failed to file a timely notice of intervention or petition for leave to intervene. Any petition filed under this paragraph must contain, in addition to the information set forth in paragraph (A)(1) or (A)(2) of this rule, a statement of good cause for failing to timely file the notice or petition and shall be granted only upon a finding that:

(1) Extraordinary circumstances justify the granting of the petition.

(2) The intervenor agrees to be bound by agreements, arrangements, and other matters previously made in the proceeding.

(D) Unless otherwise provided by law, the board or the administrative law judge may:

(1) Grant limited participation, which permits a person to participate with respect to one or more specific issues, if:

(a) The person has no real and substantial interest with respect to the remaining issues.

(b) The person's interest with respect to the remaining issues is adequately represented by existing parties.

(2) Require intervenors with substantially similar interests to consolidate their examination of witnesses or presentation of testimony.

Last updated May 30, 2024 at 9:09 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-13

At the public hearing, the board or the administrative law judge shall accept written or oral testimony from any person regardless of that person's status. However, the right to examine witnesses is reserved exclusively for parties, board members, administrative law judges, and the staff.

Last updated May 30, 2024 at 9:09 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-16

Except as otherwise provided in rules 4906-2-21 and 4906-2-22 of the Administrative Code or unless otherwise ordered for good cause shown, discovery requests and responses shall be served upon all parties and staff. Upon a showing of good cause, the board or the administrative law judge may determine that the responding party may recover the reasonable cost of providing copies from the party making the request. For purposes of this rule the term "response" includes written responses or objections to interrogatories, requests for the production of documents or tangible things, requests for permission to enter upon land or other property, and requests for admission.

Last updated June 17, 2024 at 10:50 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-22

(A) Any party, upon reasonable notice to all other parties and any persons affected thereby, may move for an order compelling discovery, with respect to:

(1) Any failure of a party to answer an interrogatory served under rule 4906-2-17 of the Administrative Code.

(2) Any failure of a party to produce a document or tangible thing or permit entry upon land or other property as requested under rule 4906-2-19 of the Administrative Code.

(3) Any failure of a deponent to appear or to answer a question propounded under rule 4906-2-18 of the Administrative Code.

(4) Any other failure to answer or respond to a discovery request made under rules 4906-2-17 to 4906-2-20 of the Administrative Code.

(B) For purposes of this rule, an evasive or incomplete answer shall be treated as a failure to answer.

(C) No motion to compel discovery shall be filed under this rule until the party seeking discovery has exhausted all other reasonable means of resolving any differences with the party or person from whom discovery is sought. A motion to compel discovery shall be accompanied by:

(1) A memorandum in support, setting forth:

(a) The specific basis of the motion, and citations of any authorities relied upon.

(b) A brief explanation of how the information sought is relevant to the pending proceeding.

(c) Responses to any objections raised by the party or person from whom discovery is sought.

(2) Copies of any specific discovery requests which are the subject of the motion to compel, and copies of any responses or objections thereto.

(3) An affidavit of counsel, or of the party seeking to compel discovery if such party is not represented by counsel, setting forth the efforts which have been made to resolve any differences with the party or person from whom discovery is sought.

(D) The board or the administrative law judge may grant or deny the motion in whole or in part. If the motion is denied in whole or in part, the board or the administrative law judge may issue such protective order as would be appropriate under rule 4906-2-21 of the Administrative Code.

(E) Any order of the administrative law judge granting a motion to compel discovery in whole or in part may be appealed to the board in accordance with rule 4906-2-29 of the Administrative Code. If no application for review is filed within the time limit set forth in that rule, the order of the administrative law judge becomes the order of the board.

(F) If any party or person disobeys an order of the board compelling discovery, the board may:

(1) Seek appropriate judicial relief against the disobedient person or party under section 4903.04 of the Revised Code.

(2) Prohibit the disobedient party from further participation in the pending proceeding.

(3) Prohibit the disobedient party from supporting or opposing designated claims or defenses, or from introducing evidence or conducting cross-examination on designated matters.

(4) Dismiss the pending proceeding if such proceeding was initiated by an application or petition, unless such a dismissal would unjustly prejudice any other party.

(5) Take such other action as the board considers appropriate.

Last updated June 17, 2024 at 10:51 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-24

(A) Any two or more parties may enter into a written or oral stipulation concerning issues of fact or the authenticity of documents, or the proposed resolution of some or all of the issues in a proceeding.

(B) A written stipulation must be signed by all of the parties joining therein, and must be filed with the board and served upon all parties to the proceeding twenty-four hours before the commencement of the hearing in a proceeding.

(C) An oral stipulation may be made only during a public hearing or recorded at a prehearing conference, and all parties joining in such a stipulation must acknowledge their agreement thereto on the record. The board or the administrative law judge may require that an oral stipulation be reduced to writing and filed and served in accordance with paragraph (B) of this rule.

(D) Unless otherwise ordered, parties who file a full or partial written stipulation or make an oral stipulation must file or provide testimony that supports the stipulation. Parties that do not join the stipulation may offer evidence and/or argument in opposition. No stipulation shall be considered binding upon the board.

Last updated June 17, 2024 at 11:03 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-27

(A) All motions, unless made at a public hearing or transcribed prehearing conference, or unless otherwise ordered for good cause shown, shall be in writing and shall be accompanied by a memorandum in support. The memorandum in support shall contain a brief statement of the grounds for the motion and citations of any authorities relied upon.

(B) Except as otherwise provided in paragraphs (C) and (F) of this rule:

(1) Any party may file a memorandum contra within fifteen days after the service of a motion, or such other period as the board or the administrative law judge requires.

(2) Any party may file a reply memorandum within seven days after the service of a memorandum contra, or such other period as the board or the administrative law judge requires.

(C) Any motion may include a specific request for an expedited ruling. The grounds for such a request shall be set forth in the memorandum in support. If the motion requests an extension of time to file pleadings or other papers of five days or less, an immediate ruling may be issued without the filing of memoranda. In all other cases, the party requesting an expedited ruling must first contact all other parties to determine whether any party objects to the issuance of such a ruling without the filing of memoranda. If the moving party certifies that no party objects to the issuance of such a ruling, an immediate ruling may be issued. If any party objects to the issuance of such a ruling, or if the moving party fails to certify that no party has any objections, any party may file a memorandum contra within seven days after the service of the motion, or such other period as the board or the administrative law judge requires. No reply memoranda shall be filed in such cases unless specifically requested by the board or the administrative law judge.

(D) All written motions and memoranda shall be filed with the board and served upon all parties in accordance with rules 4906-2-02 and 4906-2-05 of the Administrative Code.

(E) For purposes of this rule, the term "party" includes all persons who have filed notices or petitions to intervene which are pending at the time a motion or memorandum is to be filed or served.

(F) Notwithstanding paragraphs (B) and (C) of this rule, the board or the administrative law judge may, upon their own motion, issue an expedited ruling on any motion, with or without the filing of memoranda, where the issuance of such a ruling will not adversely affect a substantial right of any party.

(G) The administrative law judge may direct that any motion made at a public hearing or transcribed prehearing conference be reduced to writing and filed and served in accordance with this rule.

Last updated June 17, 2024 at 11:03 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-28

The board or the administrative law judge may rule, in writing, upon any procedural motion or other procedural matter. A copy of any such ruling shall be served upon all parties to the proceeding.

Last updated June 17, 2024 at 11:03 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-29

(A) Any party who is adversely affected thereby may take an immediate interlocutory appeal to the board from any ruling issued under rule 4906-2-28 of the Administrative Code or any oral ruling issued during a hearing or prehearing conference which:

(1) Grants a motion to compel discovery or denies a motion for a protective order.

(2) Denies a motion to intervene or terminates a party's right to participate in a proceeding.

(3) Refuses to quash a subpoena.

(4) Requires the production of documents or testimony over an objection based on privilege.

(B) Except as provided in paragraph (A) of this rule, no party may take an interlocutory appeal from any ruling issued under rule 4906-2-28 of the Administrative Code or any oral ruling issued during a hearing or prehearing conference unless the appeal is certified to the board by the administrative law judge. The administrative law judge shall not certify such an appeal unless he or she finds that:

(1) The appeal presents a new or novel question of law or policy.

(2) The appeal is taken from a ruling which represents a departure from past precedent and an immediate determination by the board is needed to prevent the likelihood of undue prejudice or expense to one or more of the parties, should the board ultimately reverse the ruling in question.

(C) Any party wishing to take an interlocutory appeal from any ruling must file an application for review with the board within five days after the ruling is issued. An extension of time for the filing of an interlocutory appeal may be granted only under extraordinary circumstances. The application for review shall set forth the basis of the appeal and citations of any authorities relied upon. A copy of the ruling or the portion of the record which contains the ruling shall be attached to the application for review. If the record is unavailable, the application for review must set forth the date the ruling was issued and must describe the ruling with reasonable particularity.

(D) Any party intending to file an interlocutory appeal on the day before a day on which board offices are closed shall notify all other parties of the intent to file an interlocutory appeal by three p.m. on the day of filing. Notice may be personal or by phone or email. The party filing the interlocutory appeal shall serve, upon request, a copy of the appeal by email or fax. Unless otherwise ordered by the board, any party may file a memorandum contra within five days after the filing of any interlocutory appeal.

(E) Upon consideration of an interlocutory appeal, the board may, in its discretion:

(1) Affirm, reverse, or modify the ruling of the administrative law judge.

(2) Dismiss the appeal, if the board is of the opinion that:

(a) The issues presented are moot.

(b) The party taking the appeal lacks the requisite standing to raise the issues presented or has failed to show prejudice as a result of the ruling in question.

(c) The issues presented should be deferred and raised at some later point in the proceeding.

(F) Any party that is adversely affected by a ruling issued under rule 4906-2-28 of the Administrative Code or any oral ruling issued during a public hearing or prehearing conference and that (1) elects not to take an interlocutory appeal from the ruling or (2) files an interlocutory appeal that is not certified by the administrative law judge may still raise the propriety of that ruling as an issue for the board's consideration by discussing the matter as a distinct issue in its initial brief or in any other appropriate filing prior to the issuance of the board's order in the case.

Last updated June 17, 2024 at 11:03 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-09

(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 facility.

(1) The initial notice shall be a written notice to those persons that received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code and each owner and resident of a property that would contain or be crossed by the proposed equipment, route, or facility or any proposed alternatives, and each owner and resident of a property that would be adjacent to a property that would contain or be crossed by the proposed equipment, route, or facility or any proposed alternatives within fifteen days of the determination that the standard application is complete and shall also be published in newspapers of general circulation in those municipal corporations and counties in which the chief executive received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code within fifteen days of the determination that the standard application is complete. The written and newspaper notices shall contain the following information:

(a) The name and a brief description of the proposed facility, including type and capacity.

(b) A map showing the location and general layout of the proposed facility.

(c) A list of officials served with copies of the accepted, complete application pursuant to rule 4906-3-07 of the Administrative Code.

(d) A list of public libraries that were sent paper copies or notices of availability of the accepted, complete application, and other readily accessible locations (including the applicant's website and the website, mailing address, and telephone number of the board) where copies of the accepted, complete application are available for public inspection.

(e) A statement, including the assigned docket number, that an application for a certificate to construct, operate, and maintain said facility is now pending before the board.

(f) A statement setting forth the eight criteria listed in division (A) of section 4906.10 of the Revised Code used by the board to review an application.

(g) Section 4906.07 of the Revised Code, including the time and place of the public and adjudicatory hearings.

(h) Division (C) of section 4906.08 of the Revised Code, including the deadline for filing a notice of intervention or petition for leave to intervene as established by the board or administrative law judge.

(2) The second public notice shall be a written notice to those persons to whom the initial notice is required to be sent pursuant to paragraph (A)(1) of this rule and shall be published in newspapers of general circulation in those municipal corporations and counties in which the chief executive received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code at least seven days but no more than fourteen days before the public hearing. The notice shall be published with letters not less than ten-point type, shall bear the heading "Notice of Proposed Major Utility Facility" in bold type not less than one-fourth inch high or thirty-point type and shall contain the following information:

(a) The name and a brief description of the project.

(b) A map showing the location and general layout of the proposed facility.

(c) A statement, including the assigned docket number that an application for a certificate to construct, operate, and maintain said facility is now pending before the board.

(d) The date, time, and location of the public and adjudicatory hearings.

(e) A statement that the public will be given an opportunity to comment on the proposed facility.

(f) A reference to the date of the first public notice.

(B) Except as required by Revised Code, inability or inadvertent failure to notify the persons or publish the notice described in this rule shall not constitute a failure to give public notice, provided substantial compliance with these requirements is met.

Last updated August 3, 2026 at 8:58 AM

History

• Effective: August 3, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-14 General provisions and scope of discovery.

(A) The purpose of rules 4906-2-14 to 4906-2-22 of the Administrative Code is to encourage the prompt and expeditious use of prehearing discovery in order to facilitate thorough and adequate preparation for participation in board proceedings. These rules are intended to minimize board intervention in the discovery process.

(B) Except as otherwise provided in this rule, any party to a board proceeding may obtain discovery of any matter, not privileged, which is relevant to the subject matter of that proceeding. It is not grounds for objection that the information sought would be inadmissible at the hearing, if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may be obtained through interrogatories, requests for the production of documents and things or permission to enter upon land or other property, depositions and requests for admission. The frequency of using these discovery methods is not limited unless the board orders otherwise under rule 4906-2-21 of the Administrative Code.

(C) Any party may, through interrogatories, require any other party to identify each expert witness expected to testify at the hearing and to state the subject matter on which the expert is expected to testify. Thereafter, any party may discover from the expert or other party facts or data known or opinions held by the expert which are relevant to the stated subject matter. A party who has retained or specially employed an expert may, with the approval of the board, require the party conducting discovery to pay the expert a reasonable fee for the time spent responding to discovery requests.

(D) Discovery responses which are complete when made need not be supplemented with subsequently acquired information unless:

(1) The response did not fully identify each expert witness expected to testify at the hearing and stated the subject matter upon which each expert was expected to testify.

(2) The responding party later learned that the response was incorrect or otherwise materially deficient.

(3) The response indicated that the information sought was unknown or nonexistent and such information subsequently became known or existent.

(4) An order of the board or agreement of the parties provides for the supplementation of responses.

(5) Requests for the supplementation of responses are submitted prior to the commencement of the hearing.

(E) The supplementation of responses required under paragraph (D) of this rule and requests for supplementation of responses submitted pursuant to paragraph (D)(5) of this rule shall be provided within five business days of discovery of the new information.

(F) Nothing in rules 4906-2-14 to 4906-2-22 of the Administrative Code precludes parties from conducting informal discovery by mutually agreeable methods or by stipulation.

(G) A discovery request under rules 4906-2-14 to 4906-2-22 of the Administrative Code may not seek information from any party which is available in prefiled testimony, prehearing data submissions, or other documents which that party has filed with the board in the pending proceeding. Before serving any discovery request, a party must first make a reasonable effort to determine whether the information sought is available from such sources.

(H) For purposes of rules 4906-2-14 to 4906-2-22 of the Administrative Code, the term "party" includes any person who has filed a notice or petition to intervene which is pending at the time a discovery request or motion is to be served or filed.

(I) Rules 4906-2-14 to 4906-2-22 of the Administrative Code do not apply to board staff.

(J) Discovery may not be used to harass or delay existing procedural schedules.

Last updated June 17, 2024 at 10:50 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-15 Time period for discovery.

(A) Discovery may begin immediately after a proceeding is commenced and should be completed as expeditiously as possible. Unless otherwise ordered for good cause shown, discovery must be completed prior to the commencement of the hearing.

(B) The board or the administrative law judge may shorten or extend the time period for discovery upon their own motion or upon motion of any party for good cause shown.

Last updated June 17, 2024 at 10:50 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-17 Interrogatories and response time.

(A) Any party may serve upon any other party written interrogatories, to be answered by the party served. If the party served is a corporation, partnership, association, government agency, or municipal corporation, it shall designate one or more of its officers, agents, or employees to answer the interrogatories, who shall furnish such information as is available to the party. Each interrogatory shall be answered separately and fully, in writing and under oath, unless it is objected to, in which case the reason for the objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and the objections shall be signed by the attorney or other person making them. The party upon whom the interrogatories have been served shall serve a copy of the answers or objections upon the party submitting the interrogatories and all other parties within twenty days after the service thereof, or within such shorter or longer time as the board or the administrative law judge may allow. The party submitting the interrogatories may move for an order under rule 4906-2-22 of the Administrative Code with respect to any objection or other failure to answer an interrogatory.

(B) Subject to the scope of discovery set forth in rule 4906-2-14 of the Administrative Code, interrogatories may elicit facts, data, or other information known or readily available to the party upon whom the interrogatories are served. An interrogatory which is otherwise proper is not objectionable merely because it calls for an opinion, contention, or legal conclusion, but the board or the administrative law judge may direct that such interrogatory need not be answered until certain designated discovery has been completed, or until some other designated time. The answers to interrogatories may be used to the extent permitted by the rules of evidence, but such answers are not conclusive and may be rebutted or explained by other evidence.

(C) Where the answer to an interrogatory may be derived or ascertained from public documents on file in this state, or from documents which the party served with the interrogatory has furnished to the party submitting the interrogatory within the preceding twelve months, it is a sufficient answer to such interrogatory to specify the title of the document, the location of the document or the circumstances under which it was furnished to the party submitting the interrogatory, and the page or pages from which the answer may be derived or ascertained.

(D) Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such records, and the burden of deriving the answer is substantially the same for the party submitting the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford the party submitting the interrogatory a reasonable opportunity to examine, audit, or inspect such records.

Last updated June 17, 2024 at 10:51 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-18 Depositions.

(A) Any party to a board proceeding may take the testimony of any other party or person, other than a member of the board staff, by deposition upon oral examination with respect to any matter within the scope of discovery set forth in rule 4906-2-14 of the Administrative Code. The attendance of witnesses and production of documents may be compelled by subpoena as provided in rule 4906-2-23 of the Administrative Code.

(B) Any party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to the deponent, to all parties, and to the board. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, or if the name is not known, a general description sufficient for identification. If a subpoena duces tecum is to be served upon the person to be examined, a designation of the materials to be produced thereunder shall be attached to or included in the notice.

(C) If any party shows that he or she was unable with the exercise of due diligence to obtain counsel to represent him or her at the taking of a deposition, the deposition may not be used against such party.

(D) The board or the administrative law judge may, upon motion, order that a deposition be recorded by other than stenographic means, in which case the order shall designate the manner of recording the deposition, and may include provisions to assure that the recorded testimony will be accurate and trustworthy. If such an order is made, any party may arrange to have a stenographic transcription made at his or her own expense.

(E) A party may, in the notice and in a subpoena, name a corporation, partnership, association, government agency, or municipal corporation and designate with reasonable particularity the matters on which examination is requested. The organization so named shall choose one or more of its officers, agents, employees, or other persons duly authorized to testify on its behalf, and shall set forth, for each person designated, the matters on which he or she will testify. The persons so designated shall testify as to matters known or reasonably available to the organization.

(F) Depositions may be taken before any person authorized to administer oaths under the laws of the jurisdiction in which the deposition is taken, or before any person appointed by the board or the administrative law judge. Unless all of the parties expressly agree otherwise, no deposition shall be taken before any person who is a relative, employee, or attorney of any party, or a relative or employee of such attorney.

(G) The person before whom the deposition is to be taken shall put the witness on oath or affirmation, and shall personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the witness. Examination and cross-examination may proceed as permitted in board hearings. The testimony shall be recorded stenographically or by any other means ordered under paragraph (D) of this rule. If requested by any of the parties, the testimony shall be transcribed at the expense of the party making the request.

(H) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope upon the party taking the deposition, who shall transmit them to the officer, who in turn shall propound them to the witness and record the answers verbatim.

(I) At any time during the taking of a deposition, the board or the administrative law judge may, upon motion of any party or the deponent and upon a showing that the examination is being conducted in bad faith or in such a manner as to unreasonably annoy, embarrass, or oppress the deponent or party, order the person conducting the examination to cease taking the deposition, or may limit the scope and manner of taking the deposition as provided in rule 4906-2-21 of the Administrative Code. Upon demand of the objecting party or deponent, the taking of the depositions shall be suspended for the time necessary to make a motion for such an order.

(J) If and when the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him or her, unless such examination and reading are expressly waived by the witness and the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making the changes. The deposition shall then be signed by the witness unless the signing is expressly waived by the parties or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness within ten days after its submission to him or her, the officer shall sign it and state on the record the fact of the waiver or the illness or absence of the witness, or the fact of the refusal to sign together with the reason, if any, given for such refusal. The deposition may then be used as fully as though signed, unless the administrative law judge upon motion to suppress, holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

(K) The officer shall certify on the deposition that the witness was duly sworn by him or her and that the deposition is a true record of the testimony given by the witness. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.

(L) Documents and things produced for inspection during the examination of the witness shall, upon request of any party, be marked for identification and annexed to the deposition, except that:

(1) The person producing the materials may substitute copies to be marked for identification, if all parties are afforded a fair opportunity to verify the copies by comparison with the originals.

(2) If the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to deposition.

(M) Depositions may be used in board hearings to the same extent permitted in civil actions in courts of record. Unless otherwise ordered for good cause shown, any depositions to be used as evidence must be filed with the board at least three days prior to the commencement of the hearing. A deposition need not be prefiled if used to impeach the testimony of a witness at hearing.

(N) The notice to a party deponent may be accompanied by a request made in compliance with rule 4906-2-19 of the Administrative Code for the production of documents or tangible things at the taking of the deposition.

Last updated June 17, 2024 at 10:51 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-23

(A) The board, any board member empowered to vote, or the administrative law judge assigned to a case may issue subpoenas, upon their own motion or upon motion of any party or the staff. A subpoena shall command the person to whom it is directed to attend and give testimony at the time and place specified therein. A subpoena may also command such a person to produce the books, papers, documents, or other tangible things described therein. A copy of the motion for a subpoena and the subpoena itself should be submitted in person to the board, any board member entitled to vote, or the administrative law judge assigned to the case for signature of the subpoena. After the subpoena is signed, a copy of the motion for a subpoena and a copy of the signed subpoena shall be docketed and served upon the parties of the case. The person seeking the subpoena shall file the original signed subpoena and make arrangements for its service.

(B) Arranging for service of a signed subpoena is the responsibility of the requesting person. A subpoena may be served by a sheriff, deputy sheriff, or any other person who is not a party and who is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering it to such person, reading it to him or her in person, leaving it at his or her place of residence, leaving it at his or her business address if the person is a party or employee of a party to the case, or mailing the subpoena via United States mail as certified or express mail, return receipt requested, with instructions to the delivering postal authority to show to whom delivered, date of delivery, and address where delivered. A subpoena may be served at any place within this state. The person serving the subpoena shall file a return thereof with the docketing division. When a subpoena is served by mail, the person filing the return shall include the signed receipt with the return.

(C) The board or the administrative law judge may, upon their own motion or upon motion of any party, quash a subpoena if it is unreasonable or oppressive, or condition the denial of such a motion upon the advancement by the party on whose behalf the subpoena was issued of the reasonable costs of producing the books, papers, documents, or other tangible things described therein.

(D) A subpoena may require a person, other than a member of the board staff, to attend and give testimony at a deposition, and to produce designated books, papers, documents, or other tangible things within the scope of discovery set forth in rule 4906-2-14 of the Administrative Code. Such a subpoena is subject to the provisions of rule 4906-2-21 of the Administrative Code as well as paragraph (C) of this rule.

(E) Unless otherwise ordered for good cause shown, all motions for subpoenas requiring the attendance of witnesses at a hearing must be filed with the board no later than five days prior to the commencement of the hearing.

(F) Any persons subpoenaed to appear at a board hearing, other than a party or an officer, agent, or employee of a party, shall receive the same witness fees and mileage expenses provided in civil actions in courts of record. For purposes of this paragraph, the term "employee" includes consultants and other persons retained or specially employed by a party for purposes of the proceeding. If the witness is subpoenaed at the request of one or more parties, the witness fees and mileage expenses shall be paid by such party or parties. If the witness is subpoenaed upon motion of the board, any board member entitled to vote, or the administrative law judge, the witness fees and mileage expenses shall be paid by the state, in accordance with section 4903.05 of the Revised Code. Unless otherwise ordered, an application for a subpoena requiring the attendance of a witness at a hearing shall be accompanied by a deposit sufficient to cover the required witness fees and mileage expenses for one day's attendance. The deposit shall be tendered to the fiscal officer of the board, who shall retain it until the hearing is completed, at which time the officer shall pay the witness the necessary fees and expenses, and shall either charge the party making the deposit for any deficiency or refund to such party any surplus remaining from the deposit.

(G) If any person fails to obey a subpoena issued by the board, any board member entitled to vote or an administrative law judge, the board may seek appropriate judicial relief against such person under section 4903.02 or 4903.04 of the Revised Code.

(H) A sample subpoena is provided in the appendix to this rule.

View Appendix

Last updated June 17, 2024 at 10:51 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-19

(A) Subject to the scope of discovery set forth in rule 4906-2-14 of the Administrative Code, any party may serve upon any other party a written request to:

(1) Produce and permit the party making the request, or someone acting on his or her behalf, to inspect and copy any designated documents, including writings, drawings, graphs, charts, photographs, or data compilations, which are in the possession, custody, or control of the party upon whom the request is served.

(2) Produce for inspection, copying, sampling, or testing any tangible things which are in the possession, control, or custody of the party upon whom the request is served.

(3) Permit entry upon designated land or other property for the purpose of inspecting, measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon.

(B) The request shall set forth the items to be inspected either by individual item or by category, and shall describe each category with reasonable particularity. The request shall also specify a reasonable time, place, and manner for conducting the inspection and performing the related acts.

(C) The party upon whom the request is served shall serve a written response within twenty days after the service of the request, or within such shorter or longer time as the board or the administrative law judge may allow. The response shall state, with respect to each item or category, that the inspection and related activities will be permitted as requested, unless the request is objected to, in which case the reason for the objection shall be stated. If an objection is made to part of an item or category, that part shall be specified. The party submitting the request may move for an order under rule 4906-2-22 of the Administrative Code with respect to any objection or other failure to respond to a request or any part thereof, or any failure to permit inspection as requested.

(D) Where a request calls for the production of a public document on file in this state, or a document which the party upon whom the request is served has furnished to the party submitting the request within the preceding twelve months, it is a sufficient response to such request to specify the location of the document or the circumstances under which the document was furnished to the party submitting the request.

Last updated June 17, 2024 at 10:51 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-20 Request for admission.

(A) Any party may serve upon any other party a written request for the admission, for purposes of the pending proceeding only, of the truth of any specific matter within the scope of discovery set forth in rule 4906-2-14 of the Administrative Code, including the genuineness of any documents described in the request. Copies of any such documents shall be served with the request unless they are or have been otherwise furnished for inspection or copying.

(B) Each matter for which an admission is requested shall be separately set forth. The matter is admitted unless, within twenty days after the service of the request, or within such shorter or longer time as the board or the administrative law judge may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection, signed by the party or by his or her attorney. If an objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully make an admission or denial. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his or her answer or deny only part of the matter of which an admission is requested, the party shall specify that portion which is true and qualify or deny the remainder. An answering party may not give lack of information as a reason for failure to admit or deny a matter unless the party states that he or she has made reasonable inquiry and that information known or readily obtainable is insufficient to enable him or her to make an admission or denial. A party who considers the truth of a matter of which an admission has been requested to be a genuine issue for the hearing may not, on that basis alone, object to the request, but may deny that matter or set forth the reasons why an admission or denial cannot be made.

(C) Any party who has requested an admission may move for an order under rule 4906-2-22 of the Administrative Code with respect to any answer or objection. Unless it appears that an objection is justified, the board or the administrative law judge shall order that an answer be served. If an answer fails to comply with the requirements of this rule, the board or the administrative law judge may:

(1) Order that the matter be admitted for purposes of the pending proceeding.

(2) Order that an amended answer be served.

(3) Determine that final disposition of the matter should be deferred until a prehearing conference or some other designated time prior to the commencement of the hearing.

(D) Unless otherwise ordered by the board or the administrative law judge, any matter admitted under this rule is conclusively established against the party making the admission, but such admission may be rebutted by evidence offered by any other party. An admission under this rule is an admission for the purposes of the pending proceeding only and may not be used for any other purposes.

Last updated June 17, 2024 at 10:51 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-25 Prehearing conferences.

(A) In any proceeding, the board or the administrative law judge may, upon motion of any party or upon their own motion, hold one or more prehearing conferences for the purpose of:

(1) Resolving outstanding discovery matters, including:

(a) Ruling on pending motions to compel discovery or motions for protective orders.

(b) Establishing a schedule for the completion of discovery.

(2) Ruling on any other pending procedural motions.

(3) Identifying the witnesses to be presented in the proceeding and the subject matter of their testimony.

(4) Identifying and marking exhibits to be offered in the proceeding.

(5) Discussing possible admissions or stipulations regarding issues of fact or the authenticity of documents.

(6) Clarifying the issues involved in the proceeding.

(7) Discussing or ruling on any other procedural matter which the board or the administrative law judge considers appropriate.

(B) Reasonable notice of any prehearing conference shall be provided to all parties. Unless otherwise ordered for good cause shown, the failure of a party to attend a prehearing conference constitutes a waiver of any objection to the agreements reached or rulings made at such conference.

(C) Following the conclusion of a prehearing conference, the board or the administrative law judge may issue an appropriate prehearing order, reciting or summarizing any agreements reached or rulings made at such conference. Unless otherwise ordered for good cause shown, such order shall be binding upon all persons who are or subsequently become parties, and shall control the subsequent course of the proceeding.

Last updated June 17, 2024 at 11:03 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-30 Decision by the board.

(A) Except as provided in Chapter 4906-6 of the Administrative Code, the board shall render a decision as to an application not later than one hundred fifty days after the date the application is determined to be complete. If the board does not render a decision within this time period, the application shall be deemed approved by operation of law, and the board shall issue a certificate to the applicant.

(B) The board may determine that the location of all or part of the proposed facility should be modified. If it so finds, it may condition its certificate upon such modifications. Persons and municipal corporations shall be given reasonable notice thereof. The decision of the board shall be entered on the board journal and into the record of the hearing. Copies of the decision or order shall be served on all attorneys of record and all unrepresented parties in the proceedings by ordinary mail.

Last updated July 6, 2026 at 9:43 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-31 Reopening of proceedings.

(A) The board or the administrative law judge may, upon their own motion or upon motion of any person for good cause shown, reopen a proceeding at any time prior to the issuance of a final order.

(B) A motion to reopen a proceeding shall specifically set forth the nature and purpose. If the purpose is to permit the presentation of additional evidence, the motion shall specifically describe the nature and purpose of the requested reopening of such evidence and shall set forth facts showing why such evidence could not with reasonable diligence have been presented earlier in the proceeding.

Last updated June 17, 2024 at 11:04 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-32 Applications for rehearing.

(A) Any party or any affected person, firm, or corporation may file an application for rehearing, within thirty days after the issuance of a board order, in the manner and form and circumstances set forth in section 4903.10 of the Revised Code. An application for rehearing must set forth the specific ground or grounds upon which the applicant considers the board order to be unreasonable or unlawful. An application for rehearing must be accompanied by a memorandum in support, which sets forth an explanation of the basis for each ground for rehearing identified in the application for rehearing and which shall be filed no later than the application for rehearing.

(B) Any party may file a memorandum contra within ten days after the filing of an application for rehearing.

(C) As provided in section 4903.10 of the Revised Code, all applications for rehearing must be submitted within thirty days after an order has been journalized by the secretary of the board, or in the case of an application that is subject to automatic approval under the board's procedures, an application for rehearing must be submitted within thirty days after the date on which the automatic time frame has expired, unless the application has been suspended by the board.

(D) A party or any affected person, firm, or corporation may only file one application for rehearing to a board order within thirty days following the entry of the order upon the journal of the board.

(E) The board, the chairperson of the board, or the administrative law judge may issue an order granting rehearing for the purpose of affording the board more time to consider the issues raised in an application for rehearing.

Last updated May 30, 2024 at 9:09 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-33 Supreme court appeals.

Consistent with the requirements of section 4903.13 of the Revised Code, a notice of appeal of a board order to the Ohio supreme court must be filed with the board's docketing division within the time period prescribed by the court and served upon the chairperson of the board or, in his absence, upon any voting board member, or by leaving a copy at the offices of the board. A notice of appeal of a board order to the Ohio supreme court may not be delivered via fax or email.

Last updated May 30, 2024 at 9:09 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Chapter 4906-3 Certificate Applications Generally

Ohio Adm.Code 4906-3-01 Purpose and scope.

(A) Unless otherwise specified, this chapter sets forth the specific procedural requirements for the filing of a standard 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.

(C) With respect to any aspect of the public notification requirements, including all notices, service requirements, and other forms of public information, inadvertent failure of service on, or notice to, any of the persons entitled to receive service pursuant to the requirements of this chapter, may be cured pursuant to orders of the board or the administrative law judge, designed to afford such persons adequate notice to enable their effective participation in the proceeding.

Last updated May 30, 2024 at 9:10 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-02 Preapplication meeting.

An applicant considering construction of a major utility facility or economically significant wind farm may request a preapplication meeting with the board staff prior to submitting an application. The results of such meeting(s) in no way constitutes approval or disapproval of a particular site or route, and in no way predetermines the board's decision regarding subsequent certification or approval.

Last updated May 30, 2024 at 9:10 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-03 Public notification requirements.

(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 information:

(1) A basic description of the project that shall include information about the anticipated function, equipment size, approximate acreage, general location, schedule, and purpose of the project.

(2) The date, time, and location of the public informational meetings to be held pursuant to paragraph (B) of this rule.

(3) A list of any waivers of the board's rules that the applicant anticipates it will be requesting for the project.

(4) Confirmation that the applicant has prominently posted the information described in this paragraph on its website prior to filing the preapplication notification letter.

(B) After satisfying any applicable meeting requirements under section 303.61 of the Revised Code, the applicant shall conduct at least two informational meetings open to the public to be held in the area in which the project is located prior to submitting a standard certificate application to the board. The first of these informational meetings should notify the public and solicit input on the scope of the project. The second of these informational meetings is to occur not more than ninety days prior to filing the application and is intended to present the project to the public in a manner consistent with what will be presented in the application. If substantial changes are made to the application after the second informational meeting, the executive director of the board may require that the applicant hold another informational meeting. If, under division (A)(2) of section 303.62 of the Revised Code, a county adopts a resolution limiting the boundaries of the proposed facility, the applicant shall reconduct any public informational meeting or meetings that it had conducted under this paragraph prior to the county's adoption of that resolution, to reflect the updated boundaries under the county's resolution.

(1) The applicant will give at least one public notice of each of the informational meetings in newspapers of general circulation in the project area, to be published not more than twenty-one days or fewer than seven days before the date for the meeting. Each notice shall occupy not less than one-fourth of each newspaper's standard page, with letters not less than ten-point type, and shall bear the heading "Notice of Public Informational Meeting for Proposed Major Utility Facility" or "Notice of Public Informational Meeting for Proposed Economically Significant Wind Farm," as applicable, in bold letters not less than one-fourth inch high or thirty-point type. Each notice shall not be published in the legal notices section of the newspaper. Each notice provided shall address the purpose of the project, the project construction schedule, and proposed location of the facility. Proof of publication, including a copy of the public notice, shall be filed in the case record no later than thirty days from the date of publication.

(2) At least twenty-one days before each of the informational meetings, the applicant shall send a letter to each property owner and affected resident. Each letter shall briefly describe the certification process, including information on how to participate in the proceeding and how to request notification of the public hearing. Each letter shall include the applicant's and board's website and contact information. Each letter shall also include the date, time, and location of the informational meeting, a description of the project, and the purpose of the respective informational meeting. Notice of compliance with this requirement, including a copy of each of the form letters, shall be filed in the case record and a list of the names of each resident and property owner letter recipient shall be provided to staff. Inability or inadvertent failure to notify the persons described in this rule shall not constitute failure to give public notices, provided there is substantial compliance with these requirements. Each letter shall be sent to each property owner and affected resident:

(a) Within the planned site or along the proposed route options, where applicable, for the proposed facility.

(b) Contiguous to the planned site or proposed route of the proposed facility.

(c) Who may be approached by the applicant for any additional easement or land access necessary for the construction, operation, or maintenance of the facility.

(d) If the property owner's address is not the same as the address affected by the proposed facility, then the applicant shall also send a letter to each affected property.

(3) At least twenty-one days before each informational meeting, the applicant shall also display information required by paragraphs (B)(1) and (B)(2) of this rule in a prominent location on the applicant's website.

(4) If the location of the proposed facility changes after the second informational meeting, the applicant shall send a letter to any property owner and affected resident, as defined by paragraph (B)(2) of this rule. The letter shall be sent at least twenty-one days prior to the public hearing. The letter shall describe the certification process, including information on how to participate in the proceeding, and the date, time, and location of the public hearing. The letter shall also include a description of the project. The letter shall include the applicant's and board's website and contact information. Notice of compliance with this requirement shall be filed in the case record and a list of the names of each resident and property owner shall be provided to staff.

(5) At the public informational meetings, the applicant shall present maps showing the proposed facility, as well as mapping software with aerial imagery that contains layers representing facility components along with sensitive receptors and address search capabilities. The applicant maintains the right to protect from disclosure any facility information that is critical energy infrastructure information and other facility information that is confidentially protected from public disclosure. The applicant shall solicit written comments from the attendees. The applicant shall summarize in its certificate application how many and what types of comments were received and, after redacting any information as to each commenter's postal address, email address, and telephone number, file the written comments with its application.

Last updated May 30, 2024 at 9:10 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-04 Combined standard and accelerated certificate applications.

(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 generation plants and associated electric transmission or gas pipeline projects that do not qualify for accelerated review shall be filed in separate standard certificate applications.

Last updated May 30, 2024 at 9:11 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-05 Fully developed site or route information.

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 explanation of why the alternative route is less preferred than the proposed route. Information as to the alternative route need not be fully developed as part of the application filing.

Last updated May 30, 2024 at 9:11 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-06 Completeness of standard certificate applications, staff investigations, and staff reports.

(A) Upon receipt of a standard certificate application for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule, the chairperson, or the chairperson's designee, shall examine the certificate application to determine compliance with Chapters 4906-1 to 4906-7 of the Administrative Code. Within forty-five days following receipt, the chairperson or designee shall do one of the following:

(1) Accept the standard certificate application as complete and notify the applicant to serve and file a certificate of service for the accepted, complete application.

(2) Reject the standard certificate application as incomplete and mail a copy of the completeness decision to the applicant setting forth specific grounds on which the rejection is based. If an application is determined as incomplete, the applicant may appeal for redetermination by an administrative law judge.

(3) Take no action, in which case the application shall be deemed complete by operation of law.

(B) Upon receipt of a standard certificate application for a major utility facility which is related to a coal research and development project as defined in section 1551.01 of the Revised Code, or to a coal development project as defined in section 1551.30 of the Revised Code, submitted to the Ohio coal development office for review under division (B)(7) of section 1551.33 of the Revised Code, the chairman shall promptly accept the certificate application as complete and shall notify the applicant to file the accepted, complete application in accordance with the provisions of rules 4906-3-08 and 4906-3-09 of the Administrative Code.

(C) Staff will investigate each accepted, complete application and submit a written report as provided by division (C) of section 4906.07 of the Revised Code not less than fifteen days prior to the beginning of public hearings.

(1) The staff report for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule will describe the nature of the investigation and contain recommended findings with regard to division (A) of section 4906.10 of the Revised Code and all applicable rules contained in Chapters 4906-1 to 4906-7 of the Administrative Code.

(2) The staff report for a major utility facility that is filed under paragraph (B) of this rule will describe the nature of the investigation and contain recommended findings with regard to divisions (A)(2), (A)(3), (A)(5), (A)(6), and (A)(7) of section 4906.10 of the Revised Code.

(3) The staff report will be filed by staff and become part of the official record in the case pursuant to section 4906.07 of the Revised Code.

(4) Copies of the staff report shall be provided to the board members, the administrative law judge assigned to the case, the applicant, all persons who have become parties to the proceedings, and to any person upon request.

(5) The chairperson shall cause either a copy of such staff report or a notice of the availability of such staff report to be placed in the main public library of each political subdivision as referenced in division (B) of section 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the staff report is available from staff (with instructions as to how to obtain an electronic or paper copy) and available for inspection at the board's main office. Staff will also maintain on the board's website information as to how to request an electronic or paper copy of the staff report. Upon request for a paper copy of the staff report, staff shall supply the report without cost.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-08

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 paragraph (A) of rule 4906-3-06 of the Administrative Code.

Last updated July 6, 2026 at 8:38 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-09

(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 facility.

(1) The initial notice shall be a written notice to those persons that received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code and each owner and resident of a property that would contain or be crossed by the proposed equipment, route, or facility or any proposed alternatives, and each owner and resident of a property that would be adjacent to a property that would contain or be crossed by the proposed equipment, route, or facility or any proposed alternatives within fifteen days of the determination that the standard application is complete and shall also be published in newspapers of general circulation in those municipal corporations and counties in which the chief executive received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code within fifteen days of the determination that the standard application is complete. The written and newspaper notices shall contain the following information:

(a) The name and a brief description of the proposed facility, including type and capacity.

(b) A map showing the location and general layout of the proposed facility.

(c) A list of officials served with copies of the accepted, complete application pursuant to rule 4906-3-07 of the Administrative Code.

(d) A list of public libraries that were sent paper copies or notices of availability of the accepted, complete application, and other readily accessible locations (including the applicant's website and the website, mailing address, and telephone number of the board) where copies of the accepted, complete application are available for public inspection.

(e) A statement, including the assigned docket number, that an application for a certificate to construct, operate, and maintain said facility is now pending before the board.

(f) A statement setting forth the eight criteria listed in division (A) of section 4906.10 of the Revised Code used by the board to review an application.

(g) Section 4906.07 of the Revised Code, including the time and place of the public and adjudicatory hearings.

(h) Division (C) of section 4906.08 of the Revised Code, including the deadline for filing a notice of intervention or petition for leave to intervene as established by the board or administrative law judge.

(2) The second public notice shall be a written notice to those persons to whom the initial notice is required to be sent pursuant to paragraph (A)(1) of this rule and shall be published in newspapers of general circulation in those municipal corporations and counties in which the chief executive received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code at least seven days but no more than fourteen days before the public hearing. The notice shall be published with letters not less than ten-point type, shall bear the heading "Notice of Proposed Major Utility Facility" in bold type not less than one-fourth inch high or thirty-point type and shall contain the following information:

(a) The name and a brief description of the project.

(b) A map showing the location and general layout of the proposed facility.

(c) A statement, including the assigned docket number that an application for a certificate to construct, operate, and maintain said facility is now pending before the board.

(d) The date, time, and location of the public and adjudicatory hearings.

(e) A statement that the public will be given an opportunity to comment on the proposed facility.

(f) A reference to the date of the first public notice.

(B) Except as required by Revised Code, inability or inadvertent failure to notify the persons or publish the notice described in this rule shall not constitute a failure to give public notice, provided substantial compliance with these requirements is met.

Last updated August 3, 2026 at 8:58 AM

History

• Effective: August 3, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-07 Service and publication of accepted, complete applications.

(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, complete 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 with the duty of protecting the environment or of planning land use in the area in which any portion of such facility is to be located. Hard copies shall be made available upon request. As used in this rule, "any portion" includes site or route alternatives as provided in rule 4906-3-05 of the Administrative Code.

(b) Place a copy of the accepted, complete application or place a notice of the availability of such application in the main public library of each political subdivision as referenced in division (B) of 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the accepted, complete application is available from the applicant (with instructions as to how to obtain an electronic or paper copy), available for inspection at the applicant's main office, available for inspection at the board's main office, and available at any other sites at which the applicant will maintain a copy of the accepted, complete application.

(c) Supply the board's staff with such additional copies of the accepted, complete application as the board's staff requires.

(d) Supply the board with a certificate of its service of such accepted, complete standard certificate application, which shall include the name, address, and official title of each person so served, together with the date on which service was performed and a description of the method by which service was obtained.

(e) Submit the application fee.

(2) The applicant shall maintain on its website, information as to how to request an electronic or paper copy of the accepted, complete application. Upon request for a paper copy of the accepted, complete application, the applicant shall supply the copy within five business days and at no more than cost.

(3) Proof of compliance with the requirements of this rule shall be filed in the case.

(B) Except for applications filed pursuant to divisions (G) and (H) of section 4906.03 of the Revised Code, in the case of a standard certificate application regarding a jurisdictional wind or solar facility, or an application for a material amendment as defined in section 303.57 of the Revised Code, not later than three days after the administrative law judge determines the board's compliance determination pursuant to division (A) of section 4906.31 of the Revised Code, the board shall provide a full and complete copy of the application to each board of trustees and each board of county commissioners of the townships or counties in which the facility is to be located, in accordance with section 4906.31 of the Revised Code. In this case, the applicant need not provide a copy of the application to those entities under paragraph (A) of this rule.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-10 Proof of publication.

(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 to persons pursuant to rule 4906-3-09 of the Administrative Code and providing either a copy of the entire date-marked newspaper page that contains the actual notice or copy of the proof of publication from the newspaper(s) in which the notice was published.

(C) Inadvertent failure of service on, or notice to, any of the persons entitled to receive service pursuant to the requirements for this chapter, may be cured pursuant to orders of the board or the administrative law judge, designed to afford such persons adequate notice to enable their effective participation in the proceeding. In addition, the board or the administrative law judge may, after filing, require the applicant to serve notice of the accepted, complete application or copies thereof, or both, upon such other persons, and file proof thereof, as the board or the administrative law judge considers appropriate.

Last updated June 17, 2024 at 11:04 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-11 Amendments of accepted, complete applications and of certificates.

(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 pending accepted, complete application which has been amended.

(2) The applicant shall serve a copy of the application for amendment upon all persons previously entitled to receive a copy of the application, and shall supply the board with proof of such service.

(3) The applicant shall place a copy of such application for amendment or notice of its availability in all libraries consistent with rule 4906-3-07 of the Administrative Code, and shall supply the board with proof of such action.

(4) Upon review, the board or the administrative law judge may require such additional action as is determined necessary to inform the general public of the proposed amendment, including, but not limited to:

(a) Ordering the applicant to issue public notice pursuant to rule 4906-3-09 of the Administrative Code.

(b) If a hearing is required, the hearing may be postponed on the pending, accepted, complete application and/or application for amendment up to ninety days after receipt of said application for amendment.

(5) Staff shall review the application for amendment pursuant to paragraph (C) of rule 4906-3-06 of the Administrative Code.

(6) Unless otherwise ordered by the board or administrative law judge, modifications to a proposed route that are introduced into the record by the applicant during review of the accepted, complete application and during the hearing process shall not be considered amendments if such modifications are within the two thousand foot study corridor and do not impact additional landowners by requiring easements for construction, operation, or maintenance or appear to create further additional adverse impacts within the planned right-of-way of the proposed facility. Unless otherwise ordered by the board or administrative law judge, modifications to the footprint of an electric power generation facility that are introduced into the record by the applicant during review of the accepted, complete application and during the hearing process shall not be considered amendments if such modifications do not appear to create additional adverse impacts to properties adjacent to or within the planned site, or adjacent to or within the right-of-way of the proposed facility.

(B) Applications for amendments to certificates shall be submitted in the same manner as if they were applications for a certificate.

(1) Staff will review applications for amendments to certificates pursuant to rule 4906-3-06 or 4906-6-06, as applicable, of the Administrative Code and make appropriate recommendations to the board and the administrative law judge.

(a) If the board, its executive director, or the administrative law judge determines that the proposed change in the certified facility would result in any material increase or any environmental impact of the certified facility or a substantial change in the location of all or a portion of such certified facility other than as provided in the alternates set forth in the application, then a hearing shall be held in the same manner as a hearing is held on a certificate application.

(b) If the board, its executive director, or the administrative law judge determines that a hearing is not required, as defined in paragraph (B)(1)(a) of this rule, the applicant will be directed to take such steps as are necessary to notify all parties of that determination.

(2) The applicant shall:

(a) Serve a copy of the application for amendment to a certificate upon:

(i) The persons entitled to service pursuant to rule 4906-3-07 or 4906-6-07 of the Administrative Code, as applicable.

(ii) All parties to the original certificate application proceedings.

(iii) Any property owner(s) and residents along the new route.

(b) File with the board proof of service and, if required, proof of notice pursuant to this chapter.

Last updated May 30, 2024 at 9:12 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-06

(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 and filed on the date on which it was submitted to the board. If the application is found to be deficient, the application is not deemed to be filed until the board, its executive director, or the administrative law judge determines that all deficiencies have been corrected.

(2) An application that is subject to paragraph (D) of rule 4906-6-03 of the Administrative Code is subject to the chairperson's review to determine its completeness as provided in paragraph (A) of rule 4906-3-06 of the Administrative Code.

(B) Staff will conduct an investigation of each accelerated certificate application and submit a written report no less than seven calendar days prior to the automatic approval date that does the following:

(1) Sets forth the nature of the investigation and contain recommended findings with regard to section 4906.10 of the Revised Code.

(2) Becomes part of the record and be provided to board members, the administrative law judge assigned to the case, the applicant, and all persons who have become parties to the proceedings. Copies shall be made available to any person upon request.

Last updated July 6, 2026 at 8:39 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-07

(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 with the duty of protecting the environment or of planning land use in the area in which any portion of such facility is to be located. Hard copies shall be made available upon request.

(2) Place a copy of the application or place a notice of the availability of such application in the main public library of each political subdivision as referenced in division (B) of section 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the application is available from the applicant (with instructions as to how to obtain an electronic or paper copy), available for inspection at the applicant's main office, available for inspection at the board's main office, and available at any other sites at which the applicant will maintain a copy of the application.

(3) Maintain on its website information as to how to request an electronic or paper copy of the application. Upon request for a paper copy of the application, the applicant shall supply the copy within five business days and at no more than cost.

(B) Proof of compliance with this rule shall be filed with the board within seven days of filing the accelerated application.

Last updated May 30, 2024 at 9:19 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-12 Application fees and board expenses.

(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 expenses associated with monitoring, construction, and operation of the facility to assure compliance with certificate conditions. Changes in fee amounts and the assessment of compliance expenses as described in this rule apply to applications filed after the effective date of this rule amendment, and any changes in fee structure shall not increase fees for projects that have obtained a certificate or already filed an application with the board prior to the effective date of this amendment.

(B) Application fees submitted to the board shall be utilized for all identifiable expenses, as described in paragraph (A) of this rule.

(C) The application fee to initiate the review of a standard certificate application shall be ten thousand dollars, which shall be paid at the time that a case for a standard certificate application is opened by an applicant. The standard certificate application fee will be applied against all costs incurred by the board in processing the applicant's case prior to the time of issuance of a letter accepting the application as complete and in compliance with board rules.

(D) Application fees for the board's expenses following the determination that an application is complete shall be determined as follows:

(1) For a single or multiple unit electric power generation plant and associated facilities, or substantial additions thereto, the fee is the product of fifty cents times the maximum kilowatt electric capacity, as determined by the estimated net demonstrated capability of the highest capacity alternative. The maximum application filing fee shall be one hundred fifty thousand dollars .

(2) For a gas pipeline and associated facilities or an electric power transmission line and associated facilities shall consist of an amount based on the estimated construction cost of the most costly alternative route as follows:

(E) After accepting an application as complete, the chairperson, using paragraph (D) of this rule, shall determine the amount of the application filing fee, advise the applicant of the fee amount, and advise the applicant that it is payable within fourteen days.

(F) Board expenses associated with a preapplication conference will be included as part of the application review expenses. If the applicant fails to file an application within twelve months of the preapplication conference, the chairperson shall invoice the applicant for the expenses the board incurred as a result of the preapplication conference.

(G) If an associated transmission substation is included in the application for an electric transmission line, the application fee for the substation shall be calculated separately and added to the filing fee for the transmission line.

(H) The application filing fee for an amendment to a certificate shall be paid by the applicant upon filing the amendment application, and consist of:

(1) An amount based on the estimated construction cost of the amended portion of the facility as follows:

(I) If the chairperson determines that the application fee paid under paragraph (D) or (H) of this rule will not be adequate to pay for the board's identifiable expenses as described in paragraph (A) of this rule, the chairperson may charge the applicant a supplemental application fee in an amount necessary to cover such expenses.

(J) For purposes of this rule, "construction cost" shall include all costs of the project including rights-of-way, land acquisition, clearing, material and equipment, erection of the facility and any other capital cost applicable to the project.

(K) Board expenses for the resolution of jurisdictional issues, and all other incidental services will be invoiced at cost. Payment shall be due upon receipt of an invoice.

(L) The board shall publish annually a report accounting for the collection and expenditure of fees. The annual report shall be published not later than the last day of June of the year following the calendar year to which the report applies.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-13 Construction and operation.

(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 become invalid if the applicant has not commenced a continuous course of construction of the proposed facility within five years of the date of issuance of the certificate.

(C) An applicant may seek review of a proposed modification(s) of a certificated facility by filing the proposed modification(s) in the public docket of the certificate case and by providing written notification of such filing to staff and all owners and residents of each property that would hold the proposed modified facility, or a portion of the proposed modified facility, or would require an easement for the proposed modified facility. The applicant shall also send a letter to the owner and resident of each property that is separated by a distance of less than forty feet from the aforementioned properties. Unless otherwise ordered by the board or administrative law judge, modification(s) shall not be considered amendments to the certificate if such modification(s) would be minimal in nature and would be adequately addressed by the conditions of the certificate. The applicant's written notification shall reference, and include a copy of, paragraph (D) of this rule. In the filing submitted in the public docket, the applicant shall present its rationale as to why the applicant is seeking the proposed modification(s) and shall demonstrate that the proposed modification(s) would be minimal in nature and would be adequately addressed by the conditions of the certificate. Staff or any interested person may file objections to the applicant's proposal within twenty-one days. If no objections are filed within the twenty-one day period, the applicant may proceed with the proposed modification(s). If objections are filed within the twenty-one day period, the board's staff may subsequently docket its recommendation on the proposal. The board will process proposed modification(s) with filed objections under the suspension process set forth for accelerated applications as outlined in rule 4906-6-09 of the Administrative Code. The applicant may start or continue construction activities during review of a proposed modification on any portion or segment of the certificated facility that is not impacted by the proposed modification.

(D) Within sixty days after the commencement of commercial operation, the applicant shall submit on the docket of its certificate case a copy of the as-built drawings, subject to any redactions pertaining to critical energy infrastructure information and other facility information protected from public disclosure, for the entire facility. The applicant also shall use reasonable efforts to provide to the board's staff as-built drawings in both hard copy and as geographically-referenced electronic data.

(E) Within six months of commencement of operation of the facility, the applicant shall register the as-built locations of the underground electric lines or gas pipelines referenced in the application with the Ohio utilities protection service. The applicant shall also register with the Ohio oil and gas producers underground protection service, if it operates in the project area. Confirmation of registration(s) shall be filed on the docket of the certificate case.

(F) Proof of condition compliance shall be provided to staff and filed in the case docket, subject to any protective treatment authorized by board staff or an administrative law judge, in accordance with the timelines established in each respective condition.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-09

(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 to suspend an accelerated certificate application, the board, its executive director, or the administrative law judge will docket its decision and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the board, its executive director, or the administrative law judge deems necessary to evaluate the accelerated certificate application.

(C) Once an accelerated certificate application has been suspended, the board will act to approve, modify, or deny the accelerated certificate application within ninety days from the date that the application was suspended. The board or administrative law judge may, at its discretion, set the matter for hearing.

Last updated May 12, 2026 at 3:56 PM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-14 Preconstruction requirements.

(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 and restoration activities, and a complaint resolution process. Notification to affected property owners and residents shall be given at least seven days prior to work on the affected property.

(B) Prior to commencement of any construction activities for a standard certificate application, the applicant shall conduct a preconstruction conference. Staff, the applicant, and representatives of the prime contractor and all subcontractors for the project shall attend the preconstruction conference. The conference shall include a presentation of the measures to be taken by the applicant and contractors to ensure compliance with the certificate, and discussion of the procedures for on-site investigations by staff during construction. Prior to the conference, the applicant shall provide a proposed conference agenda to staff. The applicant may conduct separate preconstruction conference for each stage of construction.

(C) At least thirty days prior to the preconstruction conference, the applicant shall:

(1) Submit to staff and on the docket of the certificate case one set of engineering drawings of the final project design, including associated facilities and construction access plans, subject to any redactions pertaining to critical energy infrastructure information and other facility information that is protected from public disclosure. The engineering drawings shall be sufficiently detailed and complete, so that staff can determine that the final project design is in compliance with the certificate. The final project layout shall be provided to staff in hard copy and as geographically-referenced electronic data. The drawings shall include references at the locations where the applicant and/or its contractors must adhere to a specific avoidance or mitigation measure in order to comply with the certificate.

(2) Submit to staff, for review and acceptance, mapping in the form of PDF and geographically referenced electronic data (such as shapefiles or geodatabases) based on final engineering drawings to confirm that the final design is in compliance with the certificate would be sited as certificated. Mapping shall include the limits of disturbance, permanent and temporary infrastructure locations, areas of vegetation removal and vegetative restoration as applicable, and specifically call out any adjustments made from the siting detailed in the application and any associated amendments.

(D) Prior to commencement of construction of any electric generation project or associated facilities, the applicant shall provide on the docket of the case a copy of a signed interconnection service agreement.

(E) At least seven days prior to a preconstruction conference, the applicant shall file a table listing each preconstruction condition deliverable, the corresponding condition number, status of compliance, and date on which the compliance was filed.

Last updated May 30, 2024 at 9:13 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-15 Change in corporate structure.

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 30, 2024 at 9:13 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-16 Change in certificate holder.

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 transfer of a certificate shall be made by filing a request for certificate transfer in the docket of the case in which the certificate was granted. Both persons shall indicate, either in a joint filing or separate filings, their agreement to the transfer, subject to the requirements of this rule. Unless otherwise ordered by the board or an administrative law judge, the transfer is deemed approved, and the effective date of the transfer of the certificate will be on the thirtieth day after the filing that requests the certificate transfer.

Last updated May 30, 2024 at 9:14 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Chapter 4906-4 Certificate Applications for Electric Generation Facilities, Electric Transmission Facilities, and Gas Pipelines

Ohio Adm.Code 4906-4-01 Purpose and scope.

(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 requirement of this chapter other than a requirement mandated by statute.

Last updated May 30, 2024 at 9:14 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-02 Project summary and applicant information.

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 project summary are:

(A) A statement explaining the purpose of the facility.

(B) A description of the location, size, acreage, and operating characteristics of the proposed facility.

(C) A discussion of the suitability of the site or route for the proposed facility.

(D) A description of the applicant's history, affiliate relationships, and current operations, and a description of the entity that will construct and operate the facility, if different from the applicant.

(E) For a proposed electric generation facility, a description of any plans for future additions of electric power generation units for the site and region (including the type and timing) and the capacity anticipated for the site.

Last updated May 30, 2024 at 9:14 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-03 Project description in detail and project schedule in detail.

(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 inclusion are the timing of the:

(a) Preparation of the application.

(b) Acquisition of rights-of-way, land, and land rights.

(c) Submittal of the application for certificate.

(d) Issuance of the certificate.

(e) Preparation of the final design.

(f) Construction of the facility.

(g) Placement of the facility in service.

(h) For a proposed electric power transmission line or gas pipeline, receipt of grid interconnection studies and other critical path milestones for project construction.

(2) Describe the proposed construction sequence.

(3) Provide a description of the project area. Examples of relevant project area information include: geography, topography, population centers, major industries, and landmarks, including.

(a) A map of not less than at least 1:24,000 scale, submitted in a shapefile or geodatabase, including the area one thousand feet on each side of the proposed facilities for electric power transmission lines and gas pipelines, or a two-mile radius from the project area for a generation facility. Examples of information that should be included in the map include:

(i) The proposed facilities, route corridor, and potential right-of-way extents.

(ii) Roads and railroads.

(iii) Major institutions, parks, and recreational areas that are publicly identified and publicly owned.

(iv) Existing gas pipeline and electric power transmission line corridors.

(v) Named lakes, reservoirs, streams, canals, and rivers.

(vi) Population centers and legal boundaries of cities, villages, townships, and counties.

(vii) Sensitive receptors within five hundred feet of the route or site (such as occupied buildings).

(viii) The area, in acres, of the proposed site or right-of-way for the facility, the length of the electric power transmission line or gas pipeline, in miles, and the number of properties crossed by the facility.

(4) Describe the project's proposed installation methods. Examples of relevant information include:

(a) The proposed site clearing, construction methods, and reclamation operations, including:

(i) Surveying and soil testing.

(ii) Grading and excavation.

(iii) Construction of temporary and permanent access roads and trenches.

(iv) Stringing of cable and/or laying of pipe.

(v) Installation of electric transmission line poles and structures, including foundations.

(vi) Post-construction reclamation.

(b) Provide the layout of facilities. Examples of relevant information include:

(i) A map of at least 1:12,000 scale of the electric power transmission line or gas pipeline routes and associated facilities such as substations, compressor stations, and other stations, showing the following proposed features:

(a) Temporary and permanent access roads, staging areas, and laydown areas.

(b) Proposed location of major structures, including electric power transmission line poles and structures, and buildings.

(c) Fenced-in or secured areas.

(ii) Reasons for the proposed layout and any unusual features.

(iii) Plans for any future modifications in the proposed layout, including the nature and approximate timing of contemplated changes.

(5) The filing requirements in this chapter are subject to any redactions that are necessary to protect critical energy infrastructure information and other facility information that is protected from public disclosure.

(B) For a proposed electric generation facility:

(1) Confirm that an interactive map on the project's website containing a one-mile radius from the project area and showing the features listed in paragraph (A)(3)(a) of rule 4906-4-03 of the Administrative Code was posted at least fourteen days before the first public informational meeting under rule 4906-3-03 of the Administrative Code and that such map will be updated and maintained until construction completes.

(2) Provide the area, in acres, of all owned and leased properties that will be used for construction and/or operation of the facility, and the number of properties.

(3) Provide, in as much detail as is available at the time of submission of the application, indicative examples of each generation equipment alternative, where applicable. Examples of relevant specifications include (subject to revision and update):

(a) Type, number of units, estimated net demonstrated capacity, heat rate, annual capacity factor, and hours of annual generation.

(b) Indicative manufacturers, models, specifications, and material safety data sheets for all solar panels, inverters, racking systems, wind turbine models, and other material components. The actual component information shall be provided when selected and prior to commencement or construction and shall not cause an increase in impacts associated with the preliminary maximum site plan. In the case of a wind farm, final component selections shall not exceed the disclosed maximum turbine hub height, tip height, rotor diameter and blade length.

(c) Fuel quantity and quality (i.e., ash, sulfur, and British thermal unit value).

(d) A list of types of pollutant emissions and estimated quantities.

(e) Water volume requirement, source of water, treatment, quantity of any discharge and names of receiving streams.

(4) Describe, in as much detail as is available at the time of submission of the application, relevant information as to the construction method, site preparation and reclamation method, materials, color and texture of surfaces, dimensions, and structures included to assure safe operation of all facility components. Examples of relevant information include:

(a) Electric power generation plant or wind-powered electric generation turbines, including towers and foundations.

(b) All proposed storage facilities, including those for fuel, waste, water, and hazardous chemicals.

(c) All proposed processing facilities, including those for fuel, waste, water, and hazardous chemicals.

(d) Water supply, effluent, and sewage lines.

(e) Associated electric collection, transmission and distribution lines and gas pipelines.

(f) Substations, switching substations, and transformers.

(g) Temporary and permanent meteorological towers.

(h) Transportation facilities and proposed upgrades, access roads, and crane paths.

(i) Construction laydown areas.

(j) Security, operations, and maintenance facilities or buildings.

(k) Other pertinent installations.

(5) Supply a map of at least 1:12,000 scale of the project area. Examples of relevant features for map depiction include:

(a) An aerial photograph.

(b) The proposed facility, including all components listed in paragraph (B)(4) of this rule.

(c) Road names.

(d) Property lines.

(C) For a proposed electric power transmission line or gas pipeline:

(1) Provide a statement explaining the need for the proposed facility, including a listing of the factors upon which it relied to reach that conclusion and references to the most recent long-term forecast report (if applicable). Examples of information relevant to the need determination include:

(a) The purpose of the proposed facility.

(b) Specific projections of system conditions, local requirements, or any other pertinent factors that impacted the applicant's opinion on the need for the proposed facility.

(c) Relevant load flow studies and contingency analyses, if appropriate, identifying the need for system improvement.

(2) Describe why the proposed facility was selected to meet the projected need and how the facility complies with division (A)(6) of section 4906.10 of the Revised Code.

(D) For a proposed electric power transmission line, provide information in support of the basis of need. Examples of information relevant to the need determination include:

(1) Load flow data depicting system performance with and without the proposed facility.

(2) An analysis of the impact of the proposed facility on the electric power system economy and reliability, including the evaluation of the impact of the proposed facility on all interconnected utility systems as supported by relevant load flow studies that the applicant provides to staff.

(3) An analysis and evaluation of the options considered that would eliminate the need for construction of an electric power transmission line, including electric generation options and options involving changes to existing and planned electric transmission substations.

(4) A brief statement of how the proposed facility fits into the applicant's most recent long-term electric forecast report and the regional plans for expansion, including, but not limited to, the following:

(a) Reference to any description of the proposed facility in the most recent long-term electric forecast report of the applicant.

(b) If no description was contained in the most recent long-term electric forecast report, an explanation as to why none was filed in the most recent long-term electric forecast report.

(c) Reference to regional expansion plans, when applicable (if the electric power transmission line will not affect regional plans, the applicant shall so state).

(5) A summary of any studies that have been made by or for the applicant of cost-effective advanced transmission technologies that maximize the value, expand the capacity, or improve the reliability of the facility. This requirement does not apply to the associated facilities of electric power generation plants including generation tie-in lines.

(E) For a proposed gas pipeline project:

(1) Provide one copy in electronic format of the relevant base case system data on a portable solid-state drive, in a format acceptable to the board staff, with a description of the analysis program and the data format.

(2) Unless exempt from filing a long-term forecast report, provide a brief statement of how the proposed facility fit into regional expansion plans and the applicant's most recent long-term gas forecast report, including the following:

(a) Reference to any description of the proposed facility in the most recent long-term gas forecast report of the applicant.

(b) If no description was contained in the most recent long-term gas forecast report, an explanation as to why none was filed in the most recent long-term gas forecast report.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-03

(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 information:

(1) A basic description of the project that shall include information about the anticipated function, equipment size, approximate acreage, general location, schedule, and purpose of the project.

(2) The date, time, and location of the public informational meetings to be held pursuant to paragraph (B) of this rule.

(3) A list of any waivers of the board's rules that the applicant anticipates it will be requesting for the project.

(4) Confirmation that the applicant has prominently posted the information described in this paragraph on its website prior to filing the preapplication notification letter.

(B) After satisfying any applicable meeting requirements under section 303.61 of the Revised Code, the applicant shall conduct at least two informational meetings open to the public to be held in the area in which the project is located prior to submitting a standard certificate application to the board. The first of these informational meetings should notify the public and solicit input on the scope of the project. The second of these informational meetings is to occur not more than ninety days prior to filing the application and is intended to present the project to the public in a manner consistent with what will be presented in the application. If substantial changes are made to the application after the second informational meeting, the executive director of the board may require that the applicant hold another informational meeting. If, under division (A)(2) of section 303.62 of the Revised Code, a county adopts a resolution limiting the boundaries of the proposed facility, the applicant shall reconduct any public informational meeting or meetings that it had conducted under this paragraph prior to the county's adoption of that resolution, to reflect the updated boundaries under the county's resolution.

(1) The applicant will give at least one public notice of each of the informational meetings in newspapers of general circulation in the project area, to be published not more than twenty-one days or fewer than seven days before the date for the meeting. Each notice shall occupy not less than one-fourth of each newspaper's standard page, with letters not less than ten-point type, and shall bear the heading "Notice of Public Informational Meeting for Proposed Major Utility Facility" or "Notice of Public Informational Meeting for Proposed Economically Significant Wind Farm," as applicable, in bold letters not less than one-fourth inch high or thirty-point type. Each notice shall not be published in the legal notices section of the newspaper. Each notice provided shall address the purpose of the project, the project construction schedule, and proposed location of the facility. Proof of publication, including a copy of the public notice, shall be filed in the case record no later than thirty days from the date of publication.

(2) At least twenty-one days before each of the informational meetings, the applicant shall send a letter to each property owner and affected resident. Each letter shall briefly describe the certification process, including information on how to participate in the proceeding and how to request notification of the public hearing. Each letter shall include the applicant's and board's website and contact information. Each letter shall also include the date, time, and location of the informational meeting, a description of the project, and the purpose of the respective informational meeting. Notice of compliance with this requirement, including a copy of each of the form letters, shall be filed in the case record and a list of the names of each resident and property owner letter recipient shall be provided to staff. Inability or inadvertent failure to notify the persons described in this rule shall not constitute failure to give public notices, provided there is substantial compliance with these requirements. Each letter shall be sent to each property owner and affected resident:

(a) Within the planned site or along the proposed route options, where applicable, for the proposed facility.

(b) Contiguous to the planned site or proposed route of the proposed facility.

(c) Who may be approached by the applicant for any additional easement or land access necessary for the construction, operation, or maintenance of the facility.

(d) If the property owner's address is not the same as the address affected by the proposed facility, then the applicant shall also send a letter to each affected property.

(3) At least twenty-one days before each informational meeting, the applicant shall also display information required by paragraphs (B)(1) and (B)(2) of this rule in a prominent location on the applicant's website.

(4) If the location of the proposed facility changes after the second informational meeting, the applicant shall send a letter to any property owner and affected resident, as defined by paragraph (B)(2) of this rule. The letter shall be sent at least twenty-one days prior to the public hearing. The letter shall describe the certification process, including information on how to participate in the proceeding, and the date, time, and location of the public hearing. The letter shall also include a description of the project. The letter shall include the applicant's and board's website and contact information. Notice of compliance with this requirement shall be filed in the case record and a list of the names of each resident and property owner shall be provided to staff.

(5) At the public informational meetings, the applicant shall present maps showing the proposed facility, as well as mapping software with aerial imagery that contains layers representing facility components along with sensitive receptors and address search capabilities. The applicant maintains the right to protect from disclosure any facility information that is critical energy infrastructure information and other facility information that is confidentially protected from public disclosure. The applicant shall solicit written comments from the attendees. The applicant shall summarize in its certificate application how many and what types of comments were received and, after redacting any information as to each commenter's postal address, email address, and telephone number, file the written comments with its application.

Last updated May 30, 2024 at 9:10 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-04 Project area selection and site design.

(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 rationale for the selection.

(2) A map of suitable scale that depicts the boundary of the study area, all siting constraints, and the general sites, routes, and/or route segments which were evaluated.

(3) A comprehensive list and description of all qualitative and quantitative siting criteria utilized by the applicant, including any weighting values assigned to each.

(4) A description of the process by which the applicant utilized the siting criteria to determine the proposed project area and any alternative area(s).

(5) A description of all public involvement that was undertaken in the site/route selection process, including a description of how many and what types of comments were received.

(B) For a proposed electric generation facility, describe the process of designing the facility layout. Examples of information relevant to this description include:

(1) A constraint map showing setbacks from residences, property lines, utility corridors, and public rights-of-way, and any other constraints of the site design.

(2) A description of the criteria used to determine the facility layout and site design, and a comparison of any site design alternatives considered, including equipment alternatives where the use of such alternatives influenced the site design.

(C) For a proposed electric power transmission line or gas pipeline:

(1) The applicant shall conduct a site and route selection study prior to submitting an application for an electric power transmission line or gas pipeline, and associated facilities. Examples of information for inclusion in the study include:

(a) A description of practicable sites, routes, and route segments for the proposed facility within the study area.

(b) A description of the routes and sites selected for evaluation, and the factors and rationale used by the applicant for selecting the route or site.

(2) The applicant shall provide a summary table of factors identified in the study. Examples of information for inclusion in the summary table include: a comparison of the routes, route segments, and sites, utilizing the technical, financial, environmental, socioeconomic, and other factors identified in the study; and, the design and equipment alternatives where the use of such alternatives influenced the siting decision.

Last updated January 16, 2025 at 7:40 AM

History

• Effective: January 16, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-05 Electric grid interconnection.

(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 and associated facilities, including any provisions for future expansion. Examples of information relevant to future use and expansion include a description of:

(1) For electric power transmission lines:

(a) Design voltage.

(b) Tower designs, pole structures, conductor size and number per phase, and insulator arrangement.

(c) Base and foundation design.

(d) Cable type and size, where underground.

(e) Other major equipment or special structures.

(2) A description of the proposed major equipment, such as:

(a) Breakers.

(b) Switchgear.

(c) Bus arrangement and structures.

(d) Transformers.

(e) Control buildings.

(f) Other major equipment.

(3) For gas pipelines:

(a) Maximum allowable operating pressure.

(b) Pipe material.

(c) Pipe dimensions and specifications.

(d) Control buildings.

(e) Heaters, odorizers, and above-ground facilities.

(f) Any other major equipment.

(B) Additional examples of relevant information requirements for electric generation facilities include:

(1) A description of how the facility will be connected to the regional electric grid.

(2) Information on interconnection of the facility to the regional electric power grid, including:

(a) Information relating to their generation interconnection request, including interconnection queue name, number, date, and website.

(b) System studies on their generation interconnection request, including, but not limited to, the feasibility study and system impact study.

Last updated May 30, 2024 at 9:15 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-06 Economic impact and public interaction.

(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 construction cost information include:

(1) Estimates of applicable capital and intangible costs for the facility and various applicable alternatives that is classified according to federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for utility companies, unless the applicant is not an electric light company, a gas company or a natural gas company as defined in Chapter 4905. of the Revised Code (in which case, capital and intangible costs classified in the accounting format ordinarily used by the applicant in its normal course of business). Examples of relevant cost estimates include:

(a) Land and land rights.

(b) Structures and improvements.

(c) Substation equipment.

(d) Poles and fixtures.

(e) Towers and fixtures.

(f) Overhead conductors.

(g) Underground conductors and insulation.

(h) Underground-to-overhead conversion equipment.

(i) Pipes.

(j) Valves, meters, boosters, regulators, tanks, and other equipment.

(k) Right-of-way clearing and roads, trails, or other access.

(l) Any other material cost items.

(2) A comparison of the total costs (per kilowatt for generation facilities or per mile for electric power transmission lines and gas pipelines) with the applicant's similar facilities, and explain any substantial differences.

(3) A tabulation of the present worth and annualized cost for capital costs and any additional cost details as required to compare capital cost of alternates (using the start of construction date as reference date), and describe techniques and all factors used in calculating present worth and annualized costs.

(C) The applicant shall provide information regarding operation and maintenance expenses. Examples of information relevant to these expenses include:

(1) Applicable estimated annual operation and maintenance expenses for the first two years of commercial operation that is classified according to federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for utility companies, unless the applicant is not an electric light company, a gas company or a natural gas company as defined in Chapter 4905. of the Revised Code (in which case the operation and maintenance expenses classified in the accounting format ordinarily used by the applicant in its normal course of business).

(2) A comparison of the total operation and maintenance cost (per kilowatt for generation facilities or per mile for electric power transmission lines and gas pipelines) with applicant's similar facilities and explain any substantial differences.

(3) A tabulation of the present worth and annualized expenditures for operating and maintenance costs as well as any additional cost breakdowns as required to compare alternatives, and describe techniques and factors used in calculating present worth and annualized costs.

(D) The applicant shall provide information regarding the economic impact of the project. Examples of relevant economic impact information include:

(1) An estimate of the annual total and present worth of construction and operation payroll.

(2) An estimate of the construction and operation employment and estimate the number that will be employed from the region.

(3) An estimate of the increase in county, township, and municipal tax revenue accruing from the facility.

(4) An estimate of the economic impact of the proposed facility on local commercial and industrial activities.

(E) The applicant shall provide information regarding public interaction. Examples of relevant public interaction information include:

(1) A description of the applicant's program for public interaction during the siting, construction, and operation of the proposed facility in the area in which any portion of such facility is to be located, including detailed information regarding the applicant's public information and complaint resolution programs as well as how the applicant will notify affected property owners and residents about these programs at least seven days prior to the start of construction.

(2) A description of any insurance or other corporate programs for providing liability compensation for damages, if such should occur, to the public resulting from construction, operation, or decommissioning of the proposed facility.

(3) An evaluation and description of the anticipated impact to roads and bridges associated with construction vehicles and equipment delivery, and any measures that will be taken to improve inadequate roads and repair roads and bridges to at least the condition present prior to the project.

(4) A list of all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures, lane closures, road access restrictions, and traffic control necessary for construction and operation of the proposed facility.

(5) Except as to electric power transmission lines and gas pipelines, applicant's description of the plan for decommissioning the proposed facility, including a discussion of any financial arrangements designed to assure the requisite financial resources. For a jurisdictional wind or solar facility, applicant's plan description should be consistent with sections 4906.21 to 4906.222 of the Revised Code and rule 4906-4-09 of the Administrative Code.

(6) A list of counties, townships, villages, and cities within the project area.

(7) A list of the public officials contacted regarding the application, including their office addresses, email addresses, and office telephone numbers.

(8) For an electric generation facility that applies for a certificate after the effective date of the adoption of this chapter, the following requirements apply.

(a) The applicant shall file a copy of the final complaint resolution plan on the public docket.

(b) At least seven days prior to the start of construction and at least seven days prior to the start of facility operations, the applicant shall notify via mail affected property owners and residents, including those individuals who were provided notice of the public informational meeting, residences located within one mile of the project area, parties to this case, county commissioners, township trustees, emergency responders, airports, schools, and libraries, as well as anyone who has requested updates regarding the project. These notices shall provide information about the project, including contact information and a copy of the complaint resolution plan.

(c) The start of construction notice shall include written confirmation that the applicant has complied with all preconstruction-related conditions of the certificate, as well as a timeline for construction and restoration activities.

(d) The start of facility operations notice shall include written confirmation that the applicant has complied with all construction-related conditions of the certificate, as well as a timeline for the start of operations.

(e) During the construction and operation of the facility, the applicant shall submit to staff a complaint summary report by the fifteenth day of January and July of each year through the first five years of operation. The report shall include a list of all complaints received through the applicant's complaint resolution process, a description of the actions taken toward the resolution of each complaint, and a status update if the complaint has yet to be resolved, though the name and other personal identifying information can be redacted at the request of any complainant.

(f) The applicant shall file a copy of all preconstruction notices and complaint summaries on the public docket.

Last updated May 30, 2024 at 9:15 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-09

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 operation of all proposed facilities shall be consistent with all applicable state and federal requirements, including all applicable safety, construction, environmental, electrical, communications, and all federal aviation administration requirements. Except where compliance is waived by the board pursuant to section 4906.13 of the Revised Code, an applicant will comply with state building code regulations in constructing structures not involved in generation or transmission of electricity.

(2) Construction, operations, and maintenance safety.

(a) Equipment safety

(i) The applicant shall comply with the manufacturer's most current safety manual, unless such safety manual conflicts with paragraph (C)(2) of rule 4906-4-08 of the Administrative Code.

(ii) The applicant shall maintain a copy of this safety manual in the operations and management building of the facility.

(b) Geological features

(i) Within the application, the applicant shall provide a preliminary geotechnical exploration and evaluation to confirm that there are no issues to preclude development of the facility, including, but not limited to: borings, test pits, and/or subsurface samples at the substation(s), overhead collection line pole locations, and representative samples of the project area.

(ii) Sixty days prior to the preconstruction conference, the applicant shall provide a fully detailed geotechnical exploration and evaluation to confirm that there are no issues to preclude development of the facility.

(iii) The applicant must fill all boreholes and borehole abandonment must comply with state and local regulations.

(iv) The applicant shall provide copies of all geotechnical boring logs to board staff and to the Ohio department of natural resources division of geological survey prior to construction.

(c) Blasting. Should site-specific conditions warrant blasting, the applicant shall submit a blasting plan to the board, at least thirty days prior to blasting.

(i) The applicant shall submit the following information as part of its blasting plan:

(a) The name, address, and telephone number of the drilling and blasting company.

(b) A detailed blasting plan for dry and/or wet holes for a typical shot. The blasting plan shall address blasting times, blasting signs, warnings, access control, control of adverse effects, and blast records.

(c) A plan for liability protection and complaint resolution.

(ii) Prior to the use of explosives, the applicant or explosive contractor shall obtain all required licenses and permits. The applicant shall submit a copy of the license or permit to the board within seven days of obtaining it from the local authority.

(iii) The blasting contractor shall utilize two blasting seismographs that measure ground vibration and air blast for each blast. One seismograph shall be placed beside the nearest dwelling, or at least at the nearest accessible property line to the dwelling, and the other placed at the discretion of the blasting contractor.

(iv) At least thirty days prior to the initiation of blasting operations, the applicant must notify, in writing, all residents or owners of dwellings or other structures within one thousand feet of the blasting site. The applicant or explosive contractor shall offer and conduct a pre-blast survey of each dwelling or structure within one thousand feet of each blasting site, unless waived by the resident or property owner. The survey must be completed and submitted to the board at least ten days before blasting begins.

(3) Maintenance and use.

(a) The applicant shall maintain the renewable energy generation facility equipment in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures.

(b) The applicant shall have a construction and maintenance access plan based on final plans for the facility, access roads, and types of equipment to be used. The plan shall consider the location of sensitive resources, as identified by the Ohio department of natural resources, and explain how impacts to all sensitive resources will be avoided or minimized during construction, operation, and maintenance. The plan shall include locations of erosion control measures. The plan shall provide specific details on all wetlands, streams, and/or ditches to be impacted by the facility, including those where construction or maintenance vehicles and/or facility components such as access roads cannot avoid crossing the waterbody. In such cases, specific discussion of the proposed crossing methodology for each wetland and stream crossing, and post-construction site restoration, must be included. The plan shall include the measures to be used for restoring the area around all temporary access points, and a description of any long-term stabilization required along permanent access routes.

(c) The applicant shall have a vegetation management plan. The plan must identify all areas of proposed vegetation clearing for the project, specifying the extent of the clearing, and describing how such clearing work will be done so as to minimize removal of woody vegetation. The plan must also describe how trees and shrubs around structures, along access routes, at construction staging areas, during maintenance operations, and in proximity to any other project facilities will be protected from damage. Priority should be given to protecting mature trees throughout the project area, and all woody vegetation in wetlands and riparian areas, both during construction and during subsequent operation and maintenance of all facilities; low-growing trees and shrubs in particular should be protected wherever possible within the proposed right-of-way. The vegetation management plan should also explore various options for disposing of downed trees, brush, and other vegetation during initial clearing for the project, and recommend methods that minimize the movement of heavy equipment and other vehicles within the right-of-way that would otherwise be required for removing all trees and other woody debris off site.

(d) For both construction and future right-of-way maintenance, the applicant shall limit, to the greatest extent possible, the use of herbicides in proximity to surface waters, including wetlands along the right-of-way. Individual treatment of tall-growing woody plant species is preferred, while general, widespread use of herbicides during initial clearing or future right-of-way maintenance should only be used where no other options exist, and with prior approval from the Ohio environmental protection agency. Prior to commencement of construction, the applicant shall describe the planned herbicide use for all areas in or near any surface waters during initial project construction and/or future right-of-way maintenance.

(e) The applicant shall prevent the establishment and propagation of noxious weeds identified in Chapter 901:5-37 of the Administrative Code in the project, including its setback areas, during construction, operation, and decommissioning via procedures and processes specified and required by the project's vegetation plan. The applicant shall provide annual proof of weed control for the first four years of operation, with the goal of weed eradication significantly completed by year three of operation.

(f) Within its plans for post-construction site restoration and stabilization of disturbed soils, such restoration plans shall include:

(i) The applicant shall remove all temporary gravel and other construction staging area and access road materials after completion of construction activities, as weather permits, unless otherwise directed by the landowner.

(ii) The applicant shall not dispose of gravel or any other construction material during or following construction of the facility by spreading such material on agricultural land. All construction debris and all contaminated soil shall be promptly removed and properly disposed of in accordance with Ohio environmental protection agency regulations.

(4) Change, reconstruction, alteration, or enlargement.

(a) Any amendment to a facility certificate shall be proposed by the applicant to the board as an amendment application, as provided in rule 4906-3-11 of the Administrative Code.

(b) Unless otherwise ordered by the board or administrative law judge, modification(s) shall not be considered amendments under this rule if such modification(s) would be minimal in nature, and would be adequately addressed by the conditions of a certificate.

(c) An applicant may seek review of a proposed modification(s) sought under paragraph (A)(5)(b) of this rule by filing the proposed modification(s) in the public docket of the certificate case and shall provide written notification of such filing to staff and all landowners immediately adjacent to the site of the proposed modification(s). The notification shall reference, and include a copy of, paragraph (A)(5) of this rule. In the filing submitted in the public docket, the applicant shall present its rationale as to why the applicant is seeking the proposed modification(s) and must demonstrate that the proposed modification(s) satisfies paragraph (A)(5)(b) of this rule. Staff or any interested person may file objections to the applicant's proposal within twenty-one days. If no objections are filed within the twenty-one day period, the applicant may proceed with the proposed modification(s). If objections are filed within the twenty-one day period, board staff may subsequently docket its recommendation on the matter. The board will process proposed modification(s) under the suspension process set forth for accelerated applications as outlined in rule 4906-6-09 of the Administrative Code.

(B) Erosion control. Within its procedures for inspection and repair of erosion control measures, the applicant shall employ the following erosion and sedimentation control measures, construction methods, and best management practices when working near environmentally-sensitive areas or when in close proximity to any watercourses:

(1) During construction of the facility, seed all disturbed soil, except within actively cultivated agricultural fields, within seven days of final grading. Denuded areas, including spoils piles, shall be seeded and stabilized in accordance with the applicant's approved stormwater pollution prevention plan, if they will be undisturbed for more than twenty-one days. Re-seeding shall be conducted in accordance with the applicant's approved stormwater pollution prevention plan as necessary until sufficient vegetation in all areas has been established.

(2) Inspect and repair all erosion control measures after each rainfall event of one half of an inch or greater over a twenty-four-hour period, and maintain controls until permanent vegetative cover has been established on disturbed areas.

(3) Delineate all watercourses, including wetlands, by fencing, flagging, or other prominent means.

(4) Avoid entry of construction equipment into watercourses, including wetlands, except at specific locations where construction has been approved.

(5) Prohibit storage, stockpiling, and/or disposal of equipment and materials in these sensitive areas.

(6) Locate structures outside of identified watercourses, including wetlands, except at specific locations where construction has been approved.

(7) Divert all storm water runoff away from fill slopes and other exposed surfaces to the greatest extent possible, and direct instead to appropriate catchment structures, sediment ponds, etc., using diversion berms, temporary ditches, check dams, or similar measures.

(C) Aesthetics and recreational land use.

(1) In the event of vandalism on any generating facility, the applicant shall immediately remove or abate the damage to preserve the aesthetics of the project to pre-vandalism condition.

(2) No commercial signage or advertisements may be displayed on any infrastructure, except for reasonable identification of the manufacturer or operator of the facility.

(3) All structures that require lighting by the federal aviation administration, including construction equipment, shall be lit with the minimum lighting required by the federal aviation administration. Lighting of other parts of the wind farm, such as associated structures and access roads, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from adjacent properties.

(4) The applicant shall provide a plan to avoid adverse impacts of the proposed facility on landmarks in the surrounding area. Landmarks, for the purpose of this rule, refer to those districts, sites, buildings, structures, and objects that are recognized by, registered with, or identified as eligible for registration by the national registry of natural landmarks, the state historic preservation office, or the Ohio department of natural resources. If avoidance measures are not feasible, the applicant shall describe why impacts cannot be avoided and shall provide an evaluation of the impact of the proposed facility on the preservation and continued meaningfulness of registered or potentially eligible landmarks of historic, religious, archaeological, scenic, natural, or other cultural significance and describe plans to mitigate any adverse impact. The mitigation plan shall contain measures to be taken should previously-unidentified archaeological deposits or artifacts be discovered during construction of a project.

(5) The applicant shall provide photographic simulations or artist's pictorial sketches of the proposed facility from at least one vantage point in each area of three square miles within the project area, showing views to the north, south, east, and west. The photographic simulations or artist's pictorial sketches shall incorporate the environmental and atmospheric conditions under which the facility would be most visible.

(D) Wildlife protection. The applicant shall satisfy the following requirements to avoid or mitigate impacts to federal or state listed and protected species.

(1) The applicant shall coordinate with the United States fish and wildlife service, the Ohio department of natural resources division of wildlife, and board staff to determine if any actions are necessary to avoid impacts to federal or state listed and protected species or other species which may be impacted. The applicant shall provide coordination letters received from the United States fish and wildlife service and the Ohio department of natural resources division of wildlife. If the United States fish and wildlife service, the Ohio department of natural resources division of wildlife, or board staff identify any recommendations for the avoidance of impacts to specific species, the applicant shall describe how it shall address all recommendations.

(2) The applicant shall contact board staff within twenty-four hours if federal or state listed species are encountered during construction activities. Construction activities that could adversely impact the identified plants or animals shall be halted until an appropriate course of action has been agreed upon by the applicant, board staff, and other applicable administrative agencies.

(3) The applicant shall avoid construction in federal or state listed and protected species' habitats during seasonally restricted dates, or at restricted habitat types, as provided by the Ohio department of natural resources and the United States fish and wildlife service, unless coordination efforts with the Ohio department of natural resources and the United States fish and wildlife service allows a different course of action.

(4) If construction activities result in significant adverse impact to federal or state listed and protected species, the applicant will develop a mitigation plan or adaptive management strategy.

(5) The applicant shall have a staff-approved environmental specialist on site during construction activities that may affect sensitive areas. Sensitive areas shall include, but are not limited to, wetlands and streams, and locations of threatened or endangered species. The environmental specialist shall be familiar with water quality protection issues and potential threatened or endangered species of plants and animals that may be encountered during project construction. The environmental specialist shall have authority to stop construction at the location where a sensitive impact is unexpectedly encountered for up to forty-eight hours after any incident that is reported to staff to mitigate unforeseen environmental impacts and to recommend procedures to resolve the sensitive impact. A map shall be provided to staff showing sensitive areas which would be impacted during construction with information on when the environmental specialist would be present.

(6) The applicant shall, to the extent practicable, minimize the clearing of wooded areas, including scrub/shrub areas, which would lead to fragmentation and isolation of woodlots or reduce connecting corridors between one woodlot and another.

(E) Noise.

(1) General construction activities shall be limited to the hours of seven a.m. to seven p.m., or until dusk when sunset occurs after seven p.m. Impact pile driving, hoe ram, and blasting operations, if required, shall be limited to the hours between ten a.m. to five p.m., Monday through Friday. Construction activities that do not involve noise increases above ambient levels at sensitive receptors are permitted outside of daylight hours when necessary. Sensitive receptor, for purposes of this rule, refers to any occupied building. The applicant shall notify property owners or affected tenants within the meaning of paragraph (B)(2) of rule 4906-3-03 of the Administrative Code of upcoming construction activities including potential for nighttime construction activities.

(2) The facility shall be operated so that its daytime and nighttime noise contributions do not result in noise levels at any non-participating sensitive receptor within one mile of the project boundary that exceed the greater of 40 dBA or the project area ambient daytime and nighttime average sound level (L50) by five A-weighted decibels (dBA).

(3) After commencement of commercial operation, the applicant shall conduct further review of the impact and possible mitigation of all project-related noise complaints through its complaint resolution process. Non-participating, as used in this context, refers to a property for which the owner has not signed a waiver or otherwise agreed to be subject to a higher noise level.

(F) Decommissioning, remediation, restoration, and removal.

(1) The applicant shall provide the final decommissioning plan to the board and the applicable county engineer(s) at least thirty days prior to the preconstruction conference. The plan shall:

(a) Indicate the intended future use of the land following reclamation.

(b) Describe the engineering techniques and major equipment to be used in decommissioning and reclamation; a surface water drainage plan and any proposed impacts that would occur to surface and ground water resources and wetlands; and a plan for backfilling, soil stabilization, compacting, and grading.

(c) Provide a detailed timetable for the accomplishment of each major step in the decommissioning plan, including the steps to be taken to comply with applicable air, water, and solid waste laws and regulations and any applicable health and safety standards in effect as of the date of submittal.

(2) The applicant shall file a revised decommissioning plan to the board and the applicable county engineer(s) every five years from the commencement of construction. The revised plan shall include advancements in engineering techniques and reclamation equipment and standards. The revised plan shall be applied to each five-year decommissioning cost estimate.

(3) The applicant shall, at its expense, complete decommissioning of the facility within twelve months after the end of the useful life of the facility. If no electricity is generated for a continuous period of twelve months, or if the board deems the facility to be in a state of disrepair warranting decommissioning, the facility will be presumed to have reached the end of its useful life. The board may extend the useful life period for the facility for good cause as shown by the applicant. The board may also require decommissioning of individual components due to health, safety, wildlife impact, or other concerns that prevent the facility or its components from operating within the terms of the certificate.

(4) Decommissioning shall include the removal and transportation of the facility components off site. Decommissioning shall also include the removal of buildings, cabling, electrical components, access roads, and any other associated facilities, unless otherwise mutually agreed upon by the facility owner and/or facility operator and the landowner. All physical material pertaining to the facility and associated equipment shall be removed to a depth of at least thirty-six inches beneath the soil surface, or more for the maintenance and repair of field tile systems, and transported off site. The disturbed area shall be restored to the same physical condition that existed before construction of the facility. Damaged field tile systems shall be repaired to the satisfaction of the property owner.

(5) During decommissioning, all recyclable materials, salvaged and non-salvaged, shall be recycled to the furthest extent practicable. All other non-recyclable waste materials shall be disposed of in accordance with state and federal law.

(6) The facility owner and/or facility operator shall not remove any improvements made to the electrical infrastructure if doing so would disrupt the electric grid, unless otherwise approved by the applicable regional transmission organization and interconnection utility.

(7) At least seven days prior to the preconstruction conference, the applicant shall retain an independent, registered professional engineer, licensed to practice engineering in the state of Ohio to estimate the total cost of decommissioning in current dollars, without regard to salvage value of the equipment. This estimate shall be conducted every five years. Said estimate shall include:

(a) An identification and analysis of the activities necessary to implement the most recent approved decommissioning plan including, but not limited to, physical construction and demolition costs assuming good industry practice and based on publication or guidelines approved by staff;

(b) The cost to perform each of the activities; and

(c) An amount to cover contingency costs, not to exceed ten per cent of the above calculated reclamation cost.

(d) For wind facilities, said estimate will be converted to a per turbine basis calculated as the total cost of decommissioning of all facilities divided by the number of turbines in the most recent facility engineering drawings.

(8) The applicant, facility owner, and/or facility operator shall post and maintain a performance bond for decommissioning. For wind facilities, the performance bond will be in an amount equal to the per turbine decommissioning costs multiplied by the sum of the number of turbines constructed and under construction. The form of the performance bond shall be mutually agreed upon by the board and the applicant, the facility owner, and/or the facility operator. The performance bond shall ensure the faithful performance of all requirements and reclamation conditions of the most recently filed and approved decommissioning and reclamation plan. At least thirty days prior to the preconstruction conference, the applicant, the facility owner, and/or the facility operator shall provide an estimated timeline for the posting of decommissioning funds based on the construction schedule for each turbine. Prior to commencement of construction, the applicant, the facility owner, and/or the facility operator shall provide a statement from the holder of the performance bond demonstrating that adequate funds have been posted for the scheduled construction. Once the performance bond is provided, the applicant, facility owner and/or facility operator shall maintain such funds or assurance throughout the remainder of the applicable term. The applicant, facility owner, and/or facility operator shall obtain a new performance bond every five years with an updated decommissioning cost estimate from its engineer and revised decommissioning plan.

(9) The facility owner and/or facility operator shall repair damage to government-maintained (public) roads and bridges caused by decommissioning activity. Any damaged public roads and bridges shall be repaired promptly to their pre-decommissioning state by the facility owner and/or facility operator under the guidance of the appropriate regulatory agency. The applicant shall provide financial assurance to the counties that it will restore the public roads and bridges it uses to their pre-decommissioning condition. These terms shall be defined in a road use agreement between the applicant and the county engineer(s) prior to construction. The road use agreement shall contain provisions for the following:

(a) A pre-decommissioning survey of the condition of public roads and bridges conducted within a reasonable time prior to decommissioning activities.

(b) A post-decommissioning survey of the condition of public roads and bridges conducted within a reasonable time after decommissioning activities.

(c) An objective standard of repair that obligates the facility owner and/or facility operator to restore the public roads and bridges to the same or better condition as they were prior to decommissioning.

(d) A timetable for posting of the decommissioning road and bridge bond prior to the use or transport of heavy equipment on public roads or bridges.

(10) The performance bond shall be released by the holder of the bond when the facility owner and/or facility operator has demonstrated, and the board concurs, that decommissioning has been satisfactorily completed, or upon written approval of the board, in order to implement the decommissioning plan.

(G) The following are applicable to solar facility applications.

(1) High wind velocities. Solar facility applicants will provide an analysis of high wind velocities for the area, including the probability of occurrences and likely consequences of various high wind velocities, and describe plans, approved by a professional engineer, to mitigate any likely adverse consequences.

(2) Stormwater management. The applicant shall construct the facility in a manner that considers the Ohio environmental protection agency's guidance on post-construction storm water controls for solar panel arrays. The applicant shall mitigate potential water quality impacts associated with aquatic discharges by obtaining an Ohio national pollutant discharge elimination system construction stormwater general permit from the Ohio environmental protection agency with submittal of a notice of intent for coverage under that permit. The applicant shall develop and implement a stormwater pollution prevention plan, a spill prevention control and counter measure plan, and a horizontal directional drilling inadvertent release of drilling fluid contingency plan to minimize and prevent potential discharges to surface waters in the project area and surrounding area.

(3) Fencing. Solar panel perimeter fence type is to be both small-wildlife permeable and aesthetically fitting for a rural location. Such fencing requirement does not apply to substation fencing governed by the National Electric Safety Code or other similar safety code standards applicable to substations.

(4) Setbacks. The facility design is to incorporate a minimum setback from the project's solar modules of (a) at least fifty feet from non-participating parcel boundaries, (b) at least three hundred feet from non-participating residences existing as of the application filing date, and (c) at least one hundred fifty feet from the edge of pavement of any state, county, or township road within or adjacent to the project area.

(5) Landscape plans. The application is to include a landscape plan in consultation with a landscape architect licensed by the Ohio landscape architects board that reasonably mitigates the aesthetic impacts of the facility on adjacent residential non-participating properties, the traveling public, nearby communities, and recreationalists through measures such as shrub plantings or enhanced pollinator plantings and be in harmony with the existing vegetation and viewshed in the area. Such vegetative screening is to be maintained for the life of the facility.

(H) The following are applicable to wind facility applications.

(1) Blade shear. The applicant shall provide its plans to minimize potential impacts from blade shear. These plans shall include restricting public access to the facility with appropriately placed warning signs or other necessary measures, and instructing workers on the potential hazards.

(a) To minimize the possibility of blade shear, all wind turbine generators must be equipped with:

(i) Two independent braking systems, which may include aerodynamic overspeed controls and mechanical brakes operated in a fail-safe mode, but shall not include stall regulation;

(ii) A pitch control system;

(iii) A lightning protection system; and

(iv) Turbine shutoffs in the event of excessive wind speeds, uncontrolled rotation, excessive blade vibration, stress, or pressure on the tower structure, rotor blades, and turbine components.

(b) Bypass or override of wind turbine safety features or equipment is prohibited.

(c) At a minimum, the design of the wind turbine generators shall conform to industry standards, as effective at the time the applicant submits its application, including those of the American national standards institute, the international electrotechnical commission, or an equivalent industry standard. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from underwriters laboratories, det norske veritas, Germanischer Lloyd wind energies, or other similar certifying organizations.

(2) Shadow flicker.

(a) The facility shall be designed to avoid unreasonable adverse shadow flicker effect at any non-participating sensitive receptor within one thousand meters of any turbine. At a minimum, the facility shall be operated so that shadow flicker levels do not exceed thirty hours per year at any such receptor. Non-participating, as used in this context, refers to a property for which the owner has not signed a waiver or otherwise agreed to be subject to a higher shadow flicker level.

(b) After commencement of commercial operation, the applicant shall conduct further review of the impact and possible mitigation of all project-related shadow flicker complaints through its complaint resolution process.

(3) Ice throw.

(a) The ice throw analysis shall, at a minimum, include the probability of ice throw impacts at the nearest property boundary and public road.

(b) The applicant's plans to minimize potential impacts shall include:

(i) Restricting public access to the facility with appropriately placed warning signs or other necessary measures,

(ii) Instructing workers on the potential hazards of ice conditions on wind turbines, and

(iii) Installing and utilizing an ice warning system to include an ice detector installed on the roof of the nacelle, ice detection software, warranted by the manufacturer to detect ice, for the wind turbine controller, or an ice sensor alarm that triggers an automatic shutdown.

(c) In addition to the use of the safety measures enumerated in paragraph (E)(2) of this rule, the potential impact from ice throw shall be presumptively deemed to satisfy safety considerations if the probability of one kilogram of ice landing beyond the statutory property line setback for each turbine location is less than one per cent per year.

(4) Communications.

(a) At least thirty days prior to the preconstruction conference, the applicant shall conduct a microwave path study that identifies all existing microwave paths that intersect the wind farm project, and a worst-case Fresnel zone analysis for each path. A copy of this study shall be provided to the path licensee(s), for review, and to staff for review and confirmation that the applicant is complying with this condition. The assessment shall conform to the following requirements:

(i) An independent and registered surveyor, licensed to survey within the state of Ohio, shall determine the exact locations and worst-case Fresnel zone dimensions of all known microwave paths or communication systems operating within the project area, including all paths and systems identified by the electric service providers that operate within the project area. In addition, the surveyor shall determine the center point of all turbines within one thousand feet of the worst-case Fresnel zone of each system, using the same survey equipment.

(ii) Provide the distance in feet between the nearest rotor blade tip of each surveyed turbine identified under paragraph (J)(1)(a) of this rule and the surveyed worst-case Fresnel zone of each microwave system path.

(iii) Provide a map of the surveyed microwave paths, center points, and boundaries at a legible scale.

(iv) Describe the specific, expected impacts of the project on all paths and systems considered in the assessment.

(b) All existing licensed microwave paths, and licensed communication systems shall be subject to avoidance or mitigation. The applicant shall complete avoidance or mitigation measures prior to commencement of construction for impacts that can be predicted in sufficient detail to implement appropriate and reasonable avoidance and mitigation measures. After construction, the applicant shall mitigate all observed impacts of the project to microwave paths and licensed communication systems within seven days or within a longer time period acceptable to staff. Avoidance and mitigation for any known point-to-point microwave paths and licensed communication systems shall consist of measures acceptable to staff, the applicant, and the affected path owner, operator, or licensee. If interference with an omni-directional or multi-point system is observed after construction, mitigation would be required only for affected receptors.

(c) The applicant shall denote on the set of engineering drawings of the final project design to be provided under rule 4906-3-14 of the Administrative Code the microwave paths and procedures to avoid interference with those microwave paths by construction equipment within the three hundred-foot radius workspace around each turbine.

(5) The applicant shall submit a post-construction avian and bat monitoring plan to the board. During operation of the facility, if significant mortality occurs to birds or bats, the applicant will develop a mitigation plan.

(6) At least sixty days prior to the first turbine becoming operational, the applicant shall describe plans for maintaining turbine blades in a stationary or nearly stationary stance during low wind speed conditions at night during bird and bat migratory seasons.

(7) The visible surfaces of wind farm structures shall be a non-reflective, matte finished, non-obtrusive, and neutral color such as white, off-white, gray, or beige.

(8) Location. Wind farms shall be sited in locations that comply with paragraph (C)(2) of rule 4906-4-08 of the Administrative Code and applicable provisions of this rule.

Last updated May 30, 2024 at 9:16 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-07 Compliance with air, water, solid waste, and aviation regulations.

(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 federal, state, or local regulations. Existing data may be substituted for physical measurements.

(B) The applicant shall provide information on compliance with air quality regulations. Examples of information relevant to this determination include:

(1) Information regarding preconstruction air quality and permits, including:

(a) Available information concerning the ambient air quality of the proposed project area and any proposed alternative project area(s).

(b) A description of the air pollution control equipment for the proposed facility. Stack gas parameters including temperature and all air pollutants regulated by the federal or state environmental protection agency as described for each proposed fuel. These parameters apply to each electric power generation unit proposed for the facility. Include tabulations of expected efficiency, power consumption, and operating costs for supplies and maintenance. Describe the reliability of the equipment and the reduction in efficiency for partial failure.

(c) A description of applicable federal and/or Ohio new source performance standards (NSPS), applicable air quality limitations, applicable national ambient air quality standards (NAAQS), and applicable prevention of significant deterioration (PSD) increments.

(d) A list of all required permits to install and operate air pollution sources. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, a list of all special conditions or concerns attached to the permit(s).

(e) Except for wind farms and solar facilities, a map of at least 1:100,000 scale containing:

(i) The location and elevation (ground and sea level) of Ohio environmental protection agency primary and secondary air monitoring stations or mobile vans which supplied data used by the applicant in assessing air pollution potential.

(ii) The location of major present and anticipated air pollution point sources.

(f) A description of how the proposed facility will achieve compliance with the requirements identified in paragraphs (B)(1)(c) and (B)(1)(d) of this rule.

(2) A description of plans to control emissions and fugitive dust during the site clearing and construction phase.

(3) Except for wind farms and solar facilities, information regarding air quality for the operation of the proposed facility, including:

(a) A description of ambient air quality monitoring plans for air pollutants regulated by the federal or state environmental protection agency.

(b) A map of at least 1:24,000 scale, show three isopleths of estimated concentrations that would be in excess of the U.S. environmental protection agency-defined "significant emission rates" when the facility is operating at its maximum rated output. The intervals between the isopleths should depict the concentrations within a five-mile radius of the proposed facility. A screening analysis may be used to estimate the concentrations.

(c) A description of procedures to be followed in the event of failure of air pollution control equipment, including consideration of the probability of occurrence, expected duration and resultant emissions.

(C) The applicant shall provide information on compliance with water quality regulations. Examples of relevant information include:

(1) Information regarding preconstruction water quality and permits.

(a) A list of all permits required to install and operate the facility, including water pollution control equipment and treatment processes.

(b) A map of at least 1:24,000 scale, show the location and sampling depths of all water monitoring and gauging stations used in collecting preconstruction survey data, including samples collected by standard sampling techniques and only in bodies of water likely to be affected by the proposed facility. Information from U.S. geological survey (USGS), Ohio environmental protection agency, and similar agencies may be used where available, provided that the applicant identifies all such sources of data.

(c) A description of the ownership, equipment, capability, and sampling and reporting procedures of each station.

(d) A description of the existing water quality of the receiving stream based on at least one year of monitoring data, using appropriate Ohio environmental protection agency reporting requirements.

(e) Available data necessary for completion of any application required for a water discharge permit from any state or federal agency for this project, including comparable information provided for the proposed site and any proposed alternative site(s).

(2) Information regarding water quality during construction.

(a) A map of at least 1:24,000, that indicates the location of the water monitoring and gauging stations to be utilized during construction.

(b) An estimate of the quality and quantity of aquatic discharges from the site clearing and construction operations, including runoff and siltation from dredging, filling, and construction of shoreside facilities.

(c) A description of any plans to mitigate the above effects in accordance with current federal and Ohio regulations.

(d) A description of any changes in flow patterns and erosion due to site clearing and grading operations.

(e) A description of the equipment proposed for control of effluents discharged into bodies of water and receiving streams.

(3) Information on water quality during operation of the facility.

(a) A map of at least 1:24,000 scale, that indicates the location of the water quality monitoring and gauging stations to be utilized during operation.

(b) A description of the water pollution control equipment and treatment processes planned for the proposed facility.

(c) A description of the schedule for receipt of the national pollution discharge elimination system permit.

(d) A quantitative flow diagram or description for water and water-borne wastes through the proposed facility, showing the following potential sources of pollution, including:

(i) Sewage.

(ii) Blow-down.

(iii) Chemical and additive processing.

(iv) Waste water processing.

(v) Run-off and leachates from fuels and solid wastes.

(vi) Oil/water separators.

(vii) Run-off from soil and other surfaces.

(e) A description of how the proposed facility incorporates maximum feasible water conservation practices considering available technology and the nature and economics of the various alternatives.

(D) The applicant shall provide information on compliance with solid waste regulations. Examples of relevant information include:

(1) Information regarding preconstruction solid waste.

(a) The nature and amount of debris and solid waste in the project area.

(b) Any plans to deal with such wastes.

(2) Information regarding solid waste during construction.

(a) An estimate of the nature and amounts of debris and other solid waste generated during construction.

(b) The proposed method of storage and disposal of these wastes.

(3) Information regarding solid waste during operation of the facility.

(a) An estimate of the amount, nature, and composition of solid wastes generated during the operation of the proposed facility.

(b) Proposed methods for storage, treatment, transport, and disposal of these wastes.

(4) Plans and activities leading toward acquisition of waste generation, storage, treatment, transportation and/or disposal permits. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, a list of all special conditions or concerns attached to the permit(s).

(E) Information on compliance with environmental and aviation regulations. Examples of relevant information include:

(1) The height of the tallest anticipated installed, above ground structures.

(2) A list of all airports, heliports, landing strips, medical use heliports, and seaplane landing sites within six nautical miles of the project area or property within or adjacent to the project area, and show these facilities on a map(s) of at least 1:24,000 scale. For all structures located within the six nautical miles, an indication of the maximum possible height of construction equipment, and a list of air transportation facilities, existing or proposed, and copies of any correspondence with the federal aviation administration and the Ohio office of aviation. Additionally, confirmation that the owners of these facilities have been notified of the proposed facility and any impacts it will have on aviation operations.

(3) A description of the FAA filing status of each structure and describe any potential conflicts with air navigation or air traffic communications that may be caused by the proposed facility.

(4) A description of whether the proposed facility or a specific structure that is part of the proposed facility has any 14 CFR part 77 impacts.

(5) A list and brief discussion of all licenses, permits, and authorizations that will be required for construction of the facility.

(6) A description, quantification and characterization of debris that will result from construction of the facility, and the plans for disposal of the debris.

(7) Confirmation of the process that will be used to control storm water and minimize erosion during construction and restoration of soils, wetlands, and streams disturbed as a result of construction of the facility.

(8) Confirmation of plans for disposition of contaminated soil and hazardous materials generated from clearing of land, excavation or any other action that would adversely affect the natural environment of the project site during construction. This confirmation is in recognition of that responsibility for removal of contaminated soil is limited solely to soil and material from clearing of land, excavation, or any other action that would adversely affect the natural environment of the project site, and does not include additional remediation measures beyond the scope of the project.

(9) A description of the plans for construction during excessively dusty or excessively muddy soil conditions.

Last updated May 30, 2024 at 9:16 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-08 Health and safety, land use and ecological information.

(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 with the requirements of applicable state and federal statutes and regulations, including, but not limited to, the national electrical safety code, applicable occupational safety and health administration regulations, U.S. department of transportation gas pipeline safety standards, and Chapter 4901:1-16 of the Administrative Code.

(b) All proposed major public safety equipment.

(c) The reliability of the equipment.

(d) The generation equipment manufacturer's safety standards, including a complete copy of the manufacturer's safety manual or similar document and any recommended setbacks from the manufacturer.

(e) The measures that will be taken to restrict public access to the facility.

(f) The fire protection, safety, and medical emergency plan(s) to be used during construction and operation of the facility, and how such plan(s) will be developed in consultation with local emergency responders.

(g) The sensitive receptor considerations, ensuring that sensitive receptor index numbering is the same for all reports and maps listing sensitive receptors.

(2) Air pollution control. Except for wind farms and solar facilities, a description in conceptual terms of the probable impact to the population due to failures of air pollution control equipment.

(3) Noise. A description of anticipated noise from the construction, operation, and maintenance of the facility, including:

(a) An estimate the nature of any intermittent or, recurring, or particularly annoying sounds from the following sources:

(i) Blasting activities.

(ii) Operation of earth moving equipment.

(iii) Driving of piles, rock breaking or hammering, and horizontal directional drilling.

(iv) Erection of structures.

(v) Truck traffic.

(vi) Installation of equipment.

(b) A description of the operational noise levels expected at the nearest property boundary, including:

(i) Operational noise from generation equipment. In addition, for a wind facility, cumulative operational noise levels at the property boundary for each property adjacent to or within the project area, under both day and nighttime operations, using generally accepted computer modeling software (developed for wind turbine noise measurement) or similar wind turbine noise methodology, including consideration of broadband, tonal, and low-frequency noise levels.

(ii) Processing equipment.

(iii) Associated road traffic

(c) A description of the location of any noise-sensitive areas within one mile of the facility, and the operational noise level at each habitable residence, school, church, and other noise-sensitive receptors, under both day and nighttime operations. Sensitive receptor, for the purposes of this rule, refers to any occupied building.

(d) A description of equipment and procedures to mitigate the effects of noise emissions from the proposed facility during construction and operation, including limits on the time of day at which construction activities may occur.

(e) A preconstruction background noise study of the project area that includes measurements taken under both day and nighttime conditions.

(4) Water impacts. A description of relevant information, including:

(a) An evaluation of the potential impact to public and private water supplies due to construction and operation of the proposed facility.

(b) An evaluation of the impact to public and private water supplies due to pollution control equipment failures.

(c) Existing maps of aquifers, water wells, and drinking water source protection areas that may be directly affected by the proposed facility, including, at a minimum, an additional one-mile buffer around the project area.

(d) A description of how construction and operation of the facility will comply with any drinking water source protection plans near the project area.

(e) An analysis of the prospects of floods for the area, including the probability of occurrences and likely consequences of various flood stages, and describe plans to mitigate any likely adverse consequences.

(5) Geological features. A map of suitable scale showing the proposed facility, geological features of the proposed facility site, topographic contours, existing gas and oil wells, injection wells, and underground abandoned mines, as well as:

(a) A description of the suitability of the site geology and plans to remedy any site-specific inadequacies, including proposed mitigation.

(b) A description of the suitability of soil for grading, compaction, and drainage, and describe plans to remedy any inadequacies and restore the soils during post-construction reclamation, including providing a preliminary grading plan that estimates maximum graded acreage expectations.

(c) A description of the suitability of the soils for foundation construction, and areas with slopes that exceed twelve per cent and/or highly erodible soils (according to both the natural resource conservation service and county soil surveys and any other available survey resources representative of the project area) that may be affected by the proposed facility.

(d) The results and initial analysis of preliminary test borings and describe plans for additional test borings, including closure plans for such borings, and describe plans for the test borings that contain a timeline for providing the test boring logs and the following information to the board:

(i) Subsurface soil properties.

(ii) Static water level.

(iii) Rock quality description.

(iv) Per cent recovery.

(v) Depth and description of bedrock contact.

(e) A description of coordination with the Ohio department of natural resources on the geological suitability of the project within the proposed site in order to provide a response letter from the department to staff.

(6) Wind velocity. An analysis of high wind velocities for the area, including the probability of occurrences and likely consequences of various wind velocities, and describe plans to mitigate any likely adverse consequences.

(7) Blade shear. For a wind farm, an evaluation and description of the potential impact from blade shear at the nearest property boundary and public road.

(8) Ice throw. For a wind farm, an evaluation and description of a site-specific ice throw risk analysis and assessment study, the potential impact from ice throw at the nearest property boundary and public road.

(9) Shadow flicker, For a wind farm, an evaluation and description of the potential cumulative impact from shadow flicker at the property boundary and sensitive receptors within a distance of ten rotor diameters or at least one-half mile, whichever is greater, of a turbine, including its plans to minimize potential impacts.

(10) Radio and TV reception. A description of the potential for the facility to interfere with radio and TV reception and describe measures that will be taken to minimize interference.

(11) Radar interference. A description of the potential for the facility to interfere with military and civilian radar systems and describe measures that will be taken to minimize interference.

(12) Navigable airspace interference. A description of the potential for the facility to interfere with navigable airspace and describe measures that will be taken to minimize interference, including plans to coordinate such efforts with appropriate state and federal agencies.

(13) Communication interference. A description of the potential for the facility to interfere with microwave communication paths and systems and describe measures that will be taken to minimize interference. Include all licensed systems and those used by electric service providers and emergency personnel that operate in the project area.

(14) Electric and magnetic fields. For electric power transmission facilities where the centerline of the facility is within one hundred feet of an occupied residence or institution, and for electric substations where the boundary of the footprint is within one hundred feet of an occupied residence or institution, a description of the production of electric and magnetic fields during operation of the preferred and alternate site/route. If more than one conductor configuration is to be used on the proposed facility, a description of information for each configuration that constitutes more than ten per cent of the total line length, or more than one mile of the total line length being proposed. Where an alternate structure design is submitted, a description of information on the alternate structure, including:

(a) Calculated electric and magnetic field strength levels at one meter above ground, under the conductors and at the edge of the right-of-way for:

(i) Winter normal conductor rating.

(ii) Emergency line loading.

(iii) Normal maximum loading. Corresponding current flows, conductor ground clearance for normal maximum loading and distance from the centerline to the edge of the right-of-way using estimates for minimum conductor height. Also provide typical cross-section profiles of the calculated electric and magnetic field strength levels at the normal maximum loading conditions.

(iv) Where there is only one occupied residence or institution within one hundred feet of the centerline, a description of only one set of field strength values. Where there are two or more occupied residences or institutions within one hundred feet of the centerline, a description of field strength values for each configuration that includes these occupied residences and institutions, and constitutes more than ten percent of the total line length, or more than one mile of the total line length being certificated.

(b) References to the current state of knowledge concerning possible health effects of exposure to electric and magnetic field strength levels.

(c) A description of the company's consideration of electric and magnetic field strength levels, both as a general company policy and specifically in the design and siting of the electric power transmission line project including: alternate conductor configurations and phasing, tower height, corridor location, and right-of-way width.

(d) A description of the company's current procedures for addressing public inquiries regarding electric and magnetic field strength levels, including copies of informational materials and company procedures for customer electric and magnetic field strength level readings.

(B) The applicant shall provide information on ecological resources. Examples of relevant information include:

(1) Ecological information. Information regarding ecological resources in the project area including:

(a) A map of at least 1:24,000 scale, including the area one thousand feet on each side of the proposed facilities that discusses the following features:

(i) The proposed facility and limits of disturbance.

(ii) Undeveloped or abandoned land such as wood lots or vacant tracts of land subject to past or present surface mining activities, not used as a registered game preserve or in agricultural production.

(iii) Wildlife areas, nature preserves, and other conservation areas.

(iv) Surface bodies of water, including wetlands, ditches, streams, lakes, reservoirs, ponds, and drainage channels. For wetlands, the estimated extent of the wetland if it extends outside of the project area.

(v) Highly-erodible soils and slopes of twelve percent or greater.

(vi) Areas of proposed vegetative clearing, including the vegetative community type.

(vii) Naturally occurring woody and herbaceous vegetation land.

(viii) Sensitive habitat areas, including habitat used for breeding, of species identified as potentially impacted by the project through coordination with the Ohio department of natural resources and the United States fish and wildlife service in the project area, if present.

(b) The results of a field survey of the vegetation and surface waters within one-hundred feet of the potential construction impact area of the facility including: a description of the vegetative communities, and delineations of wetlands and streams; a map of at least 1:12,000 scale showing all delineated resources; the probable impact of the operation and maintenance of the proposed facility on vegetation and surface waters.

(c) A description of the probable impact of the construction of the proposed facility on the vegetation and surface waters, including impacts from route/site clearing and grading, and disposal of vegetation, including the linear feet and acreage impacts, and the proposed crossing methodology of each stream and wetland that would be crossed by any part of the facility during construction equipment.

(d) The results of a literature survey of the plant and animal life within at least one-fourth mile of the project area boundary which includes aquatic and terrestrial plant and animal species that are of commercial or recreational value, or species designated as endangered or threatened.

(e) The results of field surveys conducted as to the plant and animal species identified in the literature survey, including; their federal and state protection status; and a description of the probable impact of the construction, operation, and maintenance of the proposed facility on the species described in this rule and procedures to minimize such impacts, including impacts from route clearing and any impact to natural nesting areas.

(f) A summary of any additional studies which have been made by or for the applicant addressing the ecological impact of the proposed facility

(2) Ecological impacts. Information regarding potential impacts to ecological resources during construction.

(a) An evaluation of the impact of construction on the resources surveyed in response to paragraph (B)(1) of this rule, including the following:

(i) A table displaying the report name, linear feet and acreage impacted, quality, flow regime, and the proposed crossing methodology of each stream that would be crossed by or within the footprint of any part of the facility or construction equipment.

(ii) A table displaying the report name, acreage impacted, quality, Cowardin classification, and the proposed crossing methodology of each delineated wetland that would be crossed by or within the footprint of any part of the facility or construction equipment.

(iii) A table displaying the extent of clearing of each vegetative community type, including a clearing total.

(iv) A description of how such clearing work will be done so as to minimize removal of woody vegetation and minimize forest fragmentation.

(v) A description of impacts to wildlife, including listed species identified through coordination with the Ohio department of natural resources and/or the United States fish and wildlife service, will be avoided or minimized.

(b) A description of the mitigation procedures to be utilized to minimize both the short-term and long-term impacts due to construction, including the following:

(i) Plans for post-construction site restoration and stabilization of disturbed soils, especially in riparian areas and near wetlands. Restoration plans should include details on the removal and disposal of materials used for temporary access roads and construction staging areas, including gravel.

(ii) A detailed frac out contingency plan for stream and wetland crossings that are expected to be completed via horizontal directional drilling detailing environmental specialist presence, monitoring of drilling pressures and discharges within surface water resources, containment measures, cleanup and vacuum truck availability, and timelines and methods of restoration.

(iii) Methods to demarcate surface waters and wetlands and to protect them, including any proposed buffers, from entry of construction equipment and material storage or disposal.

(iv) Procedures for inspection and repair of erosion control measures, especially after rainfall events.

(v) Methods to protect and plans for restoration of vegetation in proximity to any project facilities from damage, particularly mature trees, wetland vegetation, and woody vegetation in riparian areas.

(vi) Options for disposing of downed trees, brush, and other vegetation during initial clearing for the project, and clearing methods that minimize the movement of heavy equipment and other vehicles within the project area that would otherwise be required for removing all trees and other woody debris off site.

(vii) Avoidance measures for state or federally listed and protected species and their habitat, in accordance with paragraph (D) of rule 4906-4-09 of the Administrative Code.

(viii) Measures to divert storm water runoff away from fill slopes and other exposed surfaces.

(ix) A description of any expected use of herbicides for maintenance.

(3) Operational ecological impacts. Information regarding potential impacts to ecological resources during operation and maintenance of the facility.

(a) An evaluation of the impact of operation and maintenance on the undeveloped areas shown in response to paragraph (B)(1) of this rule.

(b) A description of:

(i) The procedures to be utilized to avoid, minimize, and mitigate both the short- and long-term impacts of operation and maintenance.

(ii) Methods for protecting streams, wetlands, and vegetation, particularly mature trees, wetland vegetation, and woody vegetation in riparian areas.

(iii) A description of any expected use of herbicides for maintenance.

(c) Any plans for post-construction monitoring of wildlife impacts.

(4) A description of any mitigation procedures to be used during construction, operation, and maintenance of the proposed facility to minimize the impact on vegetation, surface waters, and species identified in paragraph (B) of this rule.

(5) A description of anticipated actions to prevent establishment and/or further propagation of noxious weeds identified in Chapter 901:5-37 of the Administrative Code and invasive species identified in rule 901:5-30-01 of the Administrative Code during implementation of any pollinator-friendly plantings. Additionally, a description of the commitment to comply with any public orders concerning the abatement of noxious weeds.

(C) Information on land use and community development.

(1) Existing land use. Information regarding land use in the region and potential impacts of the facility through the following maps and related information, including a map of at least 1:24,000 scale showing the following:

(a) For a proposed electric generation facility, detail within one-mile of the project area boundary, and for a proposed electric power transmission, gas pipeline, or substation site within one thousand feet as to:

(i) The proposed facility, substation, or compressor station.

(ii) Centerline and right-of-way, if applicable, for each electric power transmission line or gas pipeline being proposed.

(iii) Land use, depicted as areas on the map. Land use, for the purposes of paragraph (C) of this rule, refers to the current economic use of each parcel. Categories should include residential, commercial, industrial, institutional, recreational, agricultural, and vacant, or as classified by the local land use authority.

(iv) Structures, depicted as points on the map. Identified structures should include residences, commercial centers or buildings, industrial buildings and installations, schools, hospitals, churches, civic buildings, and other occupied places.

(v) Incorporated areas and population centers.

(vi) Road names.

(b) For the types of structures identified on the map in paragraph (C)(1)(a) of this rule, a table showing the following:

(i) For all structures and property lines within one thousand five hundred feet of generation equipment or a wind turbine, the distance between both the structure or property line and the equipment or nearest wind turbine. Or, for all structures within two hundred feet of the proposed facility right-of-way for an electric power transmission line, gas pipeline, or substation site, the distance between the nearest edge of the structure and the proposed facility right-of-way.

(ii) For all structures and property lines within two hundred fifty feet of a collection line, access road, substation, or other associated facility component, the distance between both the structure or property line and the associated facility component.

(iii) For each structure and property in the table, whether the property is being leased by the applicant for the proposed facility.

(iv) A description of the mitigation procedures to be used during the construction, operation, and maintenance of the proposed facility to minimize impact to structures near the facility.

(c) An evaluation of the impact of the proposed facility on the above land uses identified on the map in paragraph (C)(1)(a) of this rule. Include, for each land use type, the construction impact area and the permanent impact area in acres, in total and for each project component (e.g., turbines, collection lines, access roads, substations), and the explanation of how such estimate was calculated. Also, a description of the construction impact area and permanent impact area in acres total for all land use types.

(d) The identity of structures that will be removed or relocated.

(2) Wind farm maps. For wind farms only, (a) a map(s) of at least 1:24,000 scale showing the proposed facility, habitable residences, and parcel boundaries of all parcels within a half-mile of the project area. (b) indicator on the map, for each parcel, the parcel number and whether the parcel is being leased by the applicant for the proposed facility, as of no more than thirty days prior to the submission of the application. (c) indicator on the map the setbacks for wind turbine structures in relation to property lines, habitable residential structures, electric power transmission lines, gas pipelines, gas distribution lines, hazardous liquid(s) pipelines, and state and federal highways, consistent with at least the following information:

(a) Confirmation that the distance from a wind turbine base to the property line of the wind farm property is at least one and one-tenth times the total height of the turbine structure as measured from its tower's base (excluding the subsurface foundation) to the tip of a blade at its highest point.

(b) Confirmation that the wind turbine is at least one thousand, one hundred, twenty-five feet in horizontal distance from the tip of the turbine's nearest blade at ninety degrees to the property line of the nearest adjacent property, including a state or federal highway, at the time of the certification application.

(c) Confirmation that the distance from a wind turbine base to any electric power transmission line, gas pipeline, gas distribution line, hazardous liquid(s) pipeline, or public road is at least one and one-tenth times the total height of the turbine structure as measured from its tower's base (excluding the subsurface foundation) to the tip of a blade at its highest point.

(d) Minimum setbacks from property lines and residences may be waived pursuant to the procedures set forth in paragraph (C)(3) of this rule.

(3) Setback waivers. Setback requirements apply in all cases except those in which all owner(s) of property adjacent to the wind farm property waive application of the setback to that property. In order to be effective, waiver(s) must meet the following requirements:

(a) Content of waiver.

(i) Be in writing;

(ii) Provide a brief description of the facility;

(iii) Notify the applicable property owner(s) of the statutory minimum setback requirements;

(iv) Describe the adjacent property subject to the waiver through a-legal description;

(v) Describe how the adjacent property is subject to the statutory minimum setback requirements; and

(vi) Advise all subsequent purchasers of the adjacent property subject to the waiver that the waiver of the minimum setback requirements shall run with the land.

(b) Required signature. The waiver shall be signed by the applicant and the applicable property owner(s), indicating consent to construction activities without compliance with the minimum setback requirements.

(c) Recordation of waiver. The waiver shall be recorded in the county recorder's office where the property that is the subject of the waiver is located.

(4) Land use plans. Provide information regarding land use plans.

(a) Describe formally adopted plans for future use of the project area and surrounding lands for anything other than the proposed facility.

(b) Describe the applicant's plans for concurrent or secondary uses of the site.

(c) Describe the impact of the proposed facility on regional development, including housing, commercial and industrial development, schools, transportation system development, and other public services and facilities.

(d) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.

(e) Provide current population counts or estimates, current population density, and ten-year population projections for counties and populated places within five miles of the project area.

(D) Information on cultural and archaeological resources

(1) Landmark mapping. A description on a map of at least 1:24,000 scale, of any formally adopted land and water recreation areas, recreational trails, scenic rivers, scenic routes or byways, and registered landmarks of historic, religious, archaeological, scenic, natural, or other cultural significance within ten miles of the project area if the proposed facility is an electric generation facility, or within one thousand feet if the facility is an electric power transmission line, gas pipeline, or substation. Examples of landmarks to be considered for purposes of paragraph (D) of this rule include those districts, sites, buildings, structures, and objects that are recognized by, registered with, or identified as eligible for registration by the national registry of natural landmarks, the state historical preservation office, or the Ohio department of natural resources.

(2) A description of any studies used to determine the location of cultural resources within the area of potential effects, and include correspondence with the state historic preservation office.

(3) A description of impacts on mapped landmarks, including an evaluation of the impact of the construction, operation, and maintenance of the proposed facility on the preservation and continued meaningfulness of these landmarks and describe plans to avoid or mitigate any adverse impact.

(4) Recreation and scenic areas.

(a) A description of the recreation and scenic areas identified under paragraph (D)(1) of this rule in terms of their proximity to the project, population centers, uniqueness, topography, vegetation, hydrology, and wildlife.

(b) An evaluation of the impact of the proposed facility on those identified recreational and scenic areas and describe plans to mitigate any adverse impact.

(5) A description of plans to avoid or mitigate any adverse impacts to cultural resources. A description of mitigation procedures to be used during the operation and maintenance of the proposed facility as developed in consultation with the Ohio history connection. A description of procedures for flagging and avoiding all landmarks in the project area, including measures to be taken should previously unidentified landmarks be discovered during construction of the project.

(6) Visual impact of facility. The visual impact of the proposed above-ground facility within at least a ten-mile radius from the project area, as conducted or reviewed by a licensed landscape architect or other professional with experience in developing a visual impact assessment.

(a) A description of the visibility of the project, including a viewshed analysis and area of visual effect, shown on a corresponding map of the study area. The viewshed analysis should not incorporate deciduous vegetation, agricultural crops, or other seasonal land cover as viewing obstacles. Viewshed analysis that includes atmospheric conditions should incorporate the atmospheric conditions under which the facility would be most visible.

(b) A description of the visibility of the proposed facility from such sensitive vantage points as residential areas, lookout points, scenic highways, waterways, and landmarks identified in paragraph (D)(1) of this rule.

(c) A description of the existing landscape and evaluate its scenic quality including documentation of a review of existing plans, policies, and regulations of the communities within the study area, and list all references to identified visual resources or other indications of the visual preferences of the community.

(d) A description of the alterations to the landscape caused by the facility, including a description and illustration of the scale, form, and materials of all facility structures, and evaluate the impact of those alterations to the scenic quality of the landscape. This description should also include a narrative of how the proposed facility will likely affect the aesthetic quality of the site and surrounding area.

(e) An evaluation of the visual impacts to the resources identified in paragraph (D) of this rule, and any such resources within ten miles of the project area that are valued specifically for their scenic quality.

(f) Photographic simulations or artist's pictorial sketches of the proposed facility from public vantage points that cover the range of landscapes, viewer groups, and types of scenic resources found within the study area. The applicant should explain its selection of vantage points, including any coordination with local residents, public officials, and historic preservation groups in selecting these vantage points.

(g) A description of measures that will be taken to minimize any adverse visual impacts created by the facility, including, but not limited to, project area location, lighting, turbine layout, visual screening, and facility coloration. A description that these measures do not conflict with relevant safety requirements.

(E) Information regarding agricultural districts and potential impacts to agricultural land.

(1) Mapping of agricultural land. On a map of at least 1:24,000 scale, a description of the proposed facility, electric power transmission line or gas pipeline alignment, or substation site, inclusive of the potential disturbance area, and all agricultural land, and separately all agricultural district land existing at least sixty days prior to submission of the application located within the project area boundaries. Where available, distinguish between agricultural uses such as cultivated lands, permanent pasture land, managed woodlots, orchards, nurseries, livestock and poultry confinement areas, and agriculturally related structures.

(2) Agricultural information. For all agricultural land, and separately for agricultural uses and agricultural districts identified under paragraph (E)(1) of this rule, the following:

(a) A quantification of the acreage impacted.

(b) An evaluation of the impact of the construction, operation, and maintenance of the proposed facility on the land and the following agricultural facilities and practices within the project area:

(i) Field operations such as plowing, planting, cultivating, spraying, aerial applications, and harvesting.

(ii) Irrigation. A description of irrigation systems and demonstrate how impacts to those systems will be avoided or mitigated, and how damaged irrigation systems will be promptly repaired to original conditions.

(iii) Field drainage systems. A description and map of field drainage systems that can reasonably be determined and demonstrate how impacts to those systems will be avoided or mitigated, and describe how damaged drainage systems will promptly be repaired to restore original drainage conditions. A description of data sources and methods used to obtain information for field drainage system mapping.

(iv) Soils. A description of the anticipated impacts to soils in agricultural lands, how topsoil will be excavated and restored, and how compaction of soil will be avoided and how compacted soil will be restored to original condition.

(v) Structures used for agricultural operations. A description of all agricultural structures that will be removed or repurposed, the impacts of removal or repurposing on agricultural operations, and how such impacts will be mitigated or avoided.

(vi) The viability as agricultural district land of any land so identified, including identifying all agricultural district properties and properties enrolled in the current agricultural use valuation (CAUV) program, discussing the specific impacts on each property, and providing an evaluation on how those impacts will affect the viability of the property as agricultural land.

(c) A description of mitigation procedures to be utilized by the applicant during construction, operation, and maintenance to reduce impacts to agricultural land, structures, and practices, including how avoidance and mitigation procedures will achieve segregation of excavated topsoil, and decompaction and restoration of all topsoil to original conditions unless otherwise agreed to by the landowner.

(3) Drain tile considerations. Examples of relevant information include:

(a) Benchmark conditions of the project drain tile system by locating all mains and laterals and consult with owners of all parcels adjacent to the property, the county soil and water conservation district, and appropriate county representatives to request drainage system information over those parcels.

(b) Plans to avoid known drain tile systems that flow into or out of the construction area and repair any damage that occurs from the project.

(c) Plans to locate and avoid all mains and laterals in the construction area and, where any main or lateral is damaged, to repair such damage in a timely manner.

(d) Plans to avoid, where possible, or minimize to the extent practicable, any damage to functioning field tile drainage systems and soils resulting from the construction, operation, and/or maintenance of the facility in agricultural areas.

(e) Plans to promptly repair, at applicant's expense, damaged field tile systems to at least original conditions or modern equivalent. However, if the affected landowner agrees to not having the damaged field tile system repaired, the landowner may do so only if the field tile systems of adjacent landowners and public rights-of-way remain unaffected by the non-repair of the landowner's field tile system. Following completion of any repair, the applicant will file a map of the repaired drain tile systems in the case docket at the close of the project's construction.

Last updated May 30, 2024 at 9:16 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-11

(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 pending accepted, complete application which has been amended.

(2) The applicant shall serve a copy of the application for amendment upon all persons previously entitled to receive a copy of the application, and shall supply the board with proof of such service.

(3) The applicant shall place a copy of such application for amendment or notice of its availability in all libraries consistent with rule 4906-3-07 of the Administrative Code, and shall supply the board with proof of such action.

(4) Upon review, the board or the administrative law judge may require such additional action as is determined necessary to inform the general public of the proposed amendment, including, but not limited to:

(a) Ordering the applicant to issue public notice pursuant to rule 4906-3-09 of the Administrative Code.

(b) If a hearing is required, the hearing may be postponed on the pending, accepted, complete application and/or application for amendment up to ninety days after receipt of said application for amendment.

(5) Staff shall review the application for amendment pursuant to paragraph (C) of rule 4906-3-06 of the Administrative Code.

(6) Unless otherwise ordered by the board or administrative law judge, modifications to a proposed route that are introduced into the record by the applicant during review of the accepted, complete application and during the hearing process shall not be considered amendments if such modifications are within the two thousand foot study corridor and do not impact additional landowners by requiring easements for construction, operation, or maintenance or appear to create further additional adverse impacts within the planned right-of-way of the proposed facility. Unless otherwise ordered by the board or administrative law judge, modifications to the footprint of an electric power generation facility that are introduced into the record by the applicant during review of the accepted, complete application and during the hearing process shall not be considered amendments if such modifications do not appear to create additional adverse impacts to properties adjacent to or within the planned site, or adjacent to or within the right-of-way of the proposed facility.

(B) Applications for amendments to certificates shall be submitted in the same manner as if they were applications for a certificate.

(1) Staff will review applications for amendments to certificates pursuant to rule 4906-3-06 or 4906-6-06, as applicable, of the Administrative Code and make appropriate recommendations to the board and the administrative law judge.

(a) If the board, its executive director, or the administrative law judge determines that the proposed change in the certified facility would result in any material increase or any environmental impact of the certified facility or a substantial change in the location of all or a portion of such certified facility other than as provided in the alternates set forth in the application, then a hearing shall be held in the same manner as a hearing is held on a certificate application.

(b) If the board, its executive director, or the administrative law judge determines that a hearing is not required, as defined in paragraph (B)(1)(a) of this rule, the applicant will be directed to take such steps as are necessary to notify all parties of that determination.

(2) The applicant shall:

(a) Serve a copy of the application for amendment to a certificate upon:

(i) The persons entitled to service pursuant to rule 4906-3-07 or 4906-6-07 of the Administrative Code, as applicable.

(ii) All parties to the original certificate application proceedings.

(iii) Any property owner(s) and residents along the new route.

(b) File with the board proof of service and, if required, proof of notice pursuant to this chapter.

Last updated May 30, 2024 at 9:12 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-09

(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 to suspend an accelerated certificate application, the board, its executive director, or the administrative law judge will docket its decision and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the board, its executive director, or the administrative law judge deems necessary to evaluate the accelerated certificate application.

(C) Once an accelerated certificate application has been suspended, the board will act to approve, modify, or deny the accelerated certificate application within ninety days from the date that the application was suspended. The board or administrative law judge may, at its discretion, set the matter for hearing.

Last updated May 12, 2026 at 3:56 PM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-14

(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 and restoration activities, and a complaint resolution process. Notification to affected property owners and residents shall be given at least seven days prior to work on the affected property.

(B) Prior to commencement of any construction activities for a standard certificate application, the applicant shall conduct a preconstruction conference. Staff, the applicant, and representatives of the prime contractor and all subcontractors for the project shall attend the preconstruction conference. The conference shall include a presentation of the measures to be taken by the applicant and contractors to ensure compliance with the certificate, and discussion of the procedures for on-site investigations by staff during construction. Prior to the conference, the applicant shall provide a proposed conference agenda to staff. The applicant may conduct separate preconstruction conference for each stage of construction.

(C) At least thirty days prior to the preconstruction conference, the applicant shall:

(1) Submit to staff and on the docket of the certificate case one set of engineering drawings of the final project design, including associated facilities and construction access plans, subject to any redactions pertaining to critical energy infrastructure information and other facility information that is protected from public disclosure. The engineering drawings shall be sufficiently detailed and complete, so that staff can determine that the final project design is in compliance with the certificate. The final project layout shall be provided to staff in hard copy and as geographically-referenced electronic data. The drawings shall include references at the locations where the applicant and/or its contractors must adhere to a specific avoidance or mitigation measure in order to comply with the certificate.

(2) Submit to staff, for review and acceptance, mapping in the form of PDF and geographically referenced electronic data (such as shapefiles or geodatabases) based on final engineering drawings to confirm that the final design is in compliance with the certificate would be sited as certificated. Mapping shall include the limits of disturbance, permanent and temporary infrastructure locations, areas of vegetation removal and vegetative restoration as applicable, and specifically call out any adjustments made from the siting detailed in the application and any associated amendments.

(D) Prior to commencement of construction of any electric generation project or associated facilities, the applicant shall provide on the docket of the case a copy of a signed interconnection service agreement.

(E) At least seven days prior to a preconstruction conference, the applicant shall file a table listing each preconstruction condition deliverable, the corresponding condition number, status of compliance, and date on which the compliance was filed.

Last updated May 30, 2024 at 9:13 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-10 Notice and reports of incidents involving wind farm facilities.

(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 discovery unless notification within that time is impracticable under the circumstances.

(2) For purposes of this rule incidents include events where:

(a) There is injury to any person.

(b) There is damage to property other than the property of the wind farm operator.

(c) Where an event such as tower collapse, turbine failure, thrown blade or hub, collector or feeder line failure, ice throw, or nacelle fire, causes damage to the wind farm operator's property that is estimated to exceed fifty thousand dollars, excluding the cost of electricity lost, which is the sum of the estimated cost of material, labor, and equipment to repair and/or replace the operator's damaged property.

(B) Written reports regarding incidents.

(1) Within thirty days after the incident is discovered, a wind farm operator will submit a written report to the executive director describing the cause of the incident, where ascertainable, and any damage to the wind farm facility or to neighboring properties or persons, on a form provided by the board.

(2) Each wind farm operator will also docket, in the wind farm certificate case, a final written report on a form provided by the board within sixty days after discovery of the incident, unless the wind farm operator:

(a) For good cause shown, demonstrates more time is needed; and

(b) Submits interim reports to the executive director at intervals of not more than sixty days until a final report is docketed.

(C) Each final written report will address:

(1) Cause of the incident;

(2) Date and time the incident occurred and date and time it was discovered;

(3) If the incident involved a turbine, the distance between debris and the wind turbine base;

(4) If the incident involved a turbine, the distance between debris to habitable structures and property lines, and photographs of the debris field;

(5) A narrative description of the incident and actions taken by the wind farm operator, including a timeline of events;

(6) What, if any, damage occurred to the property within the wind farm facility;

(7) What steps were necessary to repair, rebuild, or replace damage to any property within the wind farm facility;

(8) What, if any, personal injury was caused by, or related to, the incident;

(9) What, if any, damage to properties within or adjacent to the wind farm project area was caused by, or related to, the incident;

(10) What, if any, steps were, or will be, taken to prevent future incidents.

(D) Staff investigation and restart.

(1) Staff will investigate every incident that results in a report being submitted pursuant to this rule. Except as necessary for public safety, a wind farm operator should not disturb any damaged property within the facility or the site of a reportable incident until after staff has made an initial site visit. Staff will make its initial visit to review any damaged property within three business days of the notice provided for in paragraph (A)(1) of this rule unless otherwise prohibited from accessing the area of the damaged property by public safety officials.

(2) A wind farm operator will not restart any damaged property within a facility involved in a reportable incident until such restart is approved by the board's executive director or the executive director's designee pursuant to the following process:

(a) Such approval is premised upon the filing of:

(i) A complete and final written report fully addressing the factors set forth in paragraph (C) of this rule,

(ii) A representation by the wind farm operator that it is ready to restart the damaged property, and,

(iii) A notarized statement that a satisfactory repair or replacement of the damaged property has been completed from:

(a) A licensed professional engineer;

(b) A qualified representative from the manufacturer of the damaged equipment; or

(c) A person employed by or hired by the operator having appropriate qualifications under the circumstances to provide the required statement.

(b) Unless otherwise suspended for good cause shown by the board, executive director, or an administrative law judge, a wind farm operator may restart damaged property five business days after docketing the information required in this rule.

Last updated May 30, 2024 at 9:16 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Chapter 4906-6 Accelerated Certificate Applications

Ohio Adm.Code 4906-6-01 Purpose and scope.

(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.

Last updated May 30, 2024 at 9:18 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-02 Types of accelerated applications.

(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 4906-1-01 of the Administrative Code.

(B) If a project meets the requirements of both a letter of notification application and construction notice application, a letter of notification application shall be filed.

(C) If a project that qualifies for accelerated review is an associated facility of another project or projects subject to accelerated review before the board, the projects may be combined into one accelerated certificate application. These applications should be in the same form, meaning that if any of the associated projects require a letter of notification application, the combined application should follow the requirements for letter of notification applications outlined in this chapter.

Last updated July 6, 2026 at 8:39 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-03

(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 construction. For good cause shown, the applicant may request a shorter automatic approval date than the ninety or twenty-eight day requirement.

(B) Except as described in paragraphs (C) and (D) of this rule, a construction notice is due not less than ninety days before planned commencement of construction. A construction notice for which the applicant requests expedited processing shall be filed not less than twenty-one days before planned commencement of construction. For good cause shown, the applicant may request a shorter automatic approval date than the ninety or twenty-one day requirement.

(C) A construction notice and any application fee are due not less than sixty days before planned commencement of construction of a major utility facility that meets the site control criteria described in division (H) of section 4906.03 of the Revised Code.

(D) A construction notice for a major utility facility to be located in a priority investment area as described in division (G) of section 4906.03 of the Revised Code shall be considered as follows:

(1) The chairperson shall review the application to determine its completeness as provided in paragraph (A) of rule 4906-3-06 of the Administrative Code.

(2) For projects that are deemed complete, the application shall be considered approved by operation of law unless the board renders a decision concerning the application within forty-five days of the completeness determination.

Last updated July 6, 2026 at 8:39 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-1-01

As used in Chapters 4906-1 to 4906-7 of the Administrative Code:

(A) "Accelerated certificate application" means a letter of notification or construction notice filed with the board under the requirements of Chapter 4906-6 of the Administrative Code, including applications for facilities filed pursuant to divisions (G) and (H) of section 4906.03 of the Revised Code.

(B) "Accepted, complete application" means a standard certificate application which:

(1) The chairperson or individual designated by the chairperson declares in writing to be accepted and in compliance with the content requirements of section 4906.06 of the Revised Code, pursuant to section 4906.07 of the Revised Code and rule 4906-3-06 of the Administrative Code, and

(2) The applicant has paid all required application fees.

(C) "Administrative law judge" means an attorney examiner of the public utilities commission.

(D) "Agricultural district" means any agricultural district established pursuant to Chapter 929. of the Revised Code.

(E) "Applicant" means any person filing an accelerated or standard application under Chapter 4906. of the Revised Code.

(F) "Associated facility" or "associated facilities" is defined as follows:

(1) For a gas pipeline: rights-of way, land, structures, mains, valves, meters, compressors, regulators, tanks, overpressure protection equipment, and other transportation items and equipment used for the transportation of gas from or to a gas pipeline.

(2) For an electric power transmission line:

(a) Where poles or towers support both transmission and distribution conductors, the poles, towers, anchors, guys and rights-of-way shall be classified as associated facilities of the transmission line, while the conductors, crossarms, braces, grounds, tie wires, insulators, etc., shall be classified as associated facilities of transmission lines or distribution lines according to the purposes for which they are used.

(b) Transmission voltage switching substations and substations that change line voltage from one transmission voltage to another transmission voltage are considered associated facilities of transmission lines. Those substations that change electricity from transmission voltage to distribution voltage shall be classified as distribution substations, and are not considered associated facilities of transmission lines.

(c) Rights-of-way, land, permanent access roads, structures, breakers, switches, transformers, and other transmission items and equipment used for the transmission of electricity at voltages of one hundred kilovolts or greater shall be classified as associated facilities of transmission lines.

(3) For an electric power generation plant or wind farm: rights-of-way, land, permanent access roads, structures, tanks, distribution lines and substations necessary to interconnect the facility to the electric grid, water lines, pollution control equipment, and other equipment used for the generation of electricity.

(G) "Board" means the Ohio power siting board, as established by division (A) of section 4906.02 of the Revised Code.

(H) "Brownfield" has the same meaning as listed in division (A)(1) of section 122.6511 of the Revised Code.

(I) "Business day" means any day that is not a Saturday, Sunday, or legal holiday.

(J) "Capacity" means the maximum electric output a generator can produce, and in the case of an electric storage resource store for later output back to the grid, under specific conditions and that is reflected as installed capacity in any system impact study conducted by PJM.

(K) "Certificate" means a certificate of environmental compatibility and public need, issued by the board.

(L) "Certificate application" means an application filed with the board under the requirements of Chapters 4906-4 to 4906-6 of the Administrative Code.

(M) "Chairperson" means the chairperson of the board as established by division (A) of section 4906.02 of the Revised Code.

(N) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions. This definition does not constitute a restriction on normal maintenance activities on any section of the proposed site or route that is located within an existing utility right-of-way.

(O) "Commercial operation" means the following:

(1) For electric generation plants and wind farms, the output of any generation unit is capable of being delivered to the grid.

(2) For electric transmission lines and associated facilities, the line is interconnected to the grid.

(3) For gas pipelines, the gas is being transported through the pipeline in an attempt or offer to exchange the gas for money, barter, or anything of value.

(P) "Commission" means the public utilities commission of Ohio, as established by division (A) of section 4901.02 of the Revised Code.

(Q) "Construction notice" means a document filed with the board under the requirements of paragraph (B) of rule 4906-6-03 of the Administrative Code.

(R) "Docketing division" means the commission's division responsible for the filing and maintenance of case documents.

(S) "Docketing information system" means the commission's system for electronically storing documents filed in a case, which is maintained by the commission's docketing division. The internet address of the docketing information system is http://dis.puc.state.oh.us.

(T) "Economically significant wind farm" means a wind-powered electric generation facility, including wind turbines and associated facilities, with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of five megawatts or more but less than fifty megawatts.

(U) "Electric distribution line" means an electric power line that has a design value of less than one hundred kilovolts.

(V) "Electric power transmission line" (transmission line) means an electric power line that has a design value of one hundred kilovolts or more.

(W) "Electronic filing" (e-filing) means the submission of electronic files to the public utilities commission's docketing information system.

(X) "Electronic mail" (email) means the exchange of digital messages across the internet or other computer network.

(Y) "Facility" means the proposed major utility facility and all associated facilities.

(Z) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

(AA) "Gas pipeline" means a pipeline that is greater than five hundred feet in length, is more than nine inches in outside diameter, and is designed for transporting gas at a maximum allowable operating pressure in excess of one hundred twenty-five pounds per square inch and its associated facilities.

(BB) "Generation" means the process of producing electrical energy by transforming other forms of energy.

(CC) "Jurisdictional wind or solar facility" has the same meaning as "utility facility" in section 303.57 of the Revised Code.

(DD) "Letter of notification" means a document filed with the board under the requirements of paragraph (A) of rule 4906-6-03 of the Administrative Code.

(EE) "Major utility facility" means a facility that meets the definition of major utility facility set forth in section 4906.01 of the Revised Code.

(FF) "Manufacturing facility that creates byproducts that may be used in the generation of electricity" means a facility that produces exhaust heat or flue gases from engines or boilers used primarily for manufacturing processes and excludes facilities whose primary purpose is the generation of electricity.

(GG) "Maximum allowable operating pressure" means the maximum pressure at which a pipeline or segment of a pipeline may be operated under 49 C.F.R.

(HH) "Person" means an individual, corporation, business trust, association, estate, trust, or partnership, or any officer, board, commission, department, division, or bureau of the state or a political subdivision of the state, or any other entity.

(II) "Potential disturbance area" means the area of land or water that may be cleared, graded, excavated, accessed with heavy equipment, constructed on, or otherwise directly disturbed for construction of the facility.

(JJ) "Project" means all equipment, land, and activities required for construction, operation, and maintenance of the facility and associated facilities.

(KK) "Project area" means all land that contains components of the facility, as well as any real property for which land rights are required to be secured in order to construct and operate the facility.

(LL) "Replacement of an existing facility with a like facility" means replacing an existing major utility facility with a major utility facility of equivalent size, rating and operating characteristics, and within the same right-of-way. If the existing facility includes material sizes and specifications that are no longer widely manufactured and available, replacement with the nearest equivalent standard industry size and material available that meets the needs of the project is considered a replacement with a like facility.

(MM) "Resident" is determined by where a person is domiciled, and includes a tenant.

(NN) "Route" means, in the case of a proposed electric transmission line or gas pipeline, a proposed centerline and a proposed distance from each side of the centerline, with such total distance not to exceed the proposed right-of-way width. Route width may vary along the proposed electric transmission line or gas pipeline, as specified in the application.

(OO) "Sensitive receptors" means any occupied building.

(PP) "Specific customer or customers" means industrial or commercial end-use customer(s) in Ohio.

(QQ) "Staff" means the board staff.

(RR) "Standard certificate application" means a document filed with the board under the requirements of Chapter 4906-4 of the Administrative Code.

(SS) "Substantial addition," in the case of an electric power transmission line or gas pipeline already in operation, is any addition or modification that meets any of the descriptions listed in the "Application Requirement Matrix" contained in appendix A and appendix B to this rule. Construction necessary to restore service of a transmission line damaged by reason of natural or human-caused disaster or accident does not constitute a substantial addition and therefore does not require the filing of a certificate application. "Substantial addition," in the case of an electric power generation plant, it is any modification of an operating generation plant which modification in itself constitutes a major utility facility or economically significant wind farm. Additions under this definition include, but are not limited to:

(1) Addition of structures or equipment to an existing electric power generation facility that would result in a capacity increase of fifty megawatts or greater.

(2) Addition of a fifty megawatts or greater electric power generation unit which is designed to operate in conjunction with an existing unit to establish a combined-cycle unit.

(3) Addition of an electric power generation unit to an existing plant which is not a major utility facility, or modification of an existing unit, with the result that the combined capacity of the new facility is fifty megawatts or greater.

(4) Addition of a wind-powered electric generation turbine to an existing wind farm, with the result that the combined capacity of the new facility is five megawatts or greater.

(TT) "Wind farm" means a wind-powered electric generation facility, including wind turbines and associated facilities, with a single interconnection to the electrical grid.

View AppendixView AppendixView Appendix

Last updated July 6, 2026 at 12:12 PM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-3-06

(A) Upon receipt of a standard certificate application for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule, the chairperson, or the chairperson's designee, shall examine the certificate application to determine compliance with Chapters 4906-1 to 4906-7 of the Administrative Code. Within forty-five days following receipt, the chairperson or designee shall do one of the following:

(1) Accept the standard certificate application as complete and notify the applicant to serve and file a certificate of service for the accepted, complete application.

(2) Reject the standard certificate application as incomplete and mail a copy of the completeness decision to the applicant setting forth specific grounds on which the rejection is based. If an application is determined as incomplete, the applicant may appeal for redetermination by an administrative law judge.

(3) Take no action, in which case the application shall be deemed complete by operation of law.

(B) Upon receipt of a standard certificate application for a major utility facility which is related to a coal research and development project as defined in section 1551.01 of the Revised Code, or to a coal development project as defined in section 1551.30 of the Revised Code, submitted to the Ohio coal development office for review under division (B)(7) of section 1551.33 of the Revised Code, the chairman shall promptly accept the certificate application as complete and shall notify the applicant to file the accepted, complete application in accordance with the provisions of rules 4906-3-08 and 4906-3-09 of the Administrative Code.

(C) Staff will investigate each accepted, complete application and submit a written report as provided by division (C) of section 4906.07 of the Revised Code not less than fifteen days prior to the beginning of public hearings.

(1) The staff report for an economically significant wind farm or major utility facility, excluding those filed under paragraph (B) of this rule will describe the nature of the investigation and contain recommended findings with regard to division (A) of section 4906.10 of the Revised Code and all applicable rules contained in Chapters 4906-1 to 4906-7 of the Administrative Code.

(2) The staff report for a major utility facility that is filed under paragraph (B) of this rule will describe the nature of the investigation and contain recommended findings with regard to divisions (A)(2), (A)(3), (A)(5), (A)(6), and (A)(7) of section 4906.10 of the Revised Code.

(3) The staff report will be filed by staff and become part of the official record in the case pursuant to section 4906.07 of the Revised Code.

(4) Copies of the staff report shall be provided to the board members, the administrative law judge assigned to the case, the applicant, all persons who have become parties to the proceedings, and to any person upon request.

(5) The chairperson shall cause either a copy of such staff report or a notice of the availability of such staff report to be placed in the main public library of each political subdivision as referenced in division (B) of section 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the staff report is available from staff (with instructions as to how to obtain an electronic or paper copy) and available for inspection at the board's main office. Staff will also maintain on the board's website information as to how to request an electronic or paper copy of the staff report. Upon request for a paper copy of the staff report, staff shall supply the report without cost.

Last updated July 6, 2026 at 9:21 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-04 Requests for expedited treatment and fees.

(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 the project; the location of the project or locations of the project termini if the project is a transmission line or pipeline; contact information for the subject matter expert responsible for the application that staff could contact for answers to questions; an anticipated project schedule; and any requests for expedited processing. If an applicant fails to file a preapplication notification letter, the expedited processing of its application will not begin until five business days after its application is filed.

(B) If an applicant requests expedited processing of an accelerated certificate application, in addition to filing the preapplication notification letter, and application with the docketing division, the applicant shall:

(1) Serve a copy of the application on the board's executive director or the executive director's designee at or before the filing of the expedited application by hand delivery or overnight courier service.

(2) Pay a fee of two thousand dollars due at the time of the filing. This payment is in addition to the payment due pursuant to paragraph (C) of this rule.

(C) Unless otherwise notified by the board, its executive director, or the administrative law judge, a request for expedited processing is considered to be accepted. The request for expedited processing may be rejected at any time prior to the expedited process automatic approval date. If a request for expedited processing is rejected, the two thousand dollar up front payment will be retained and credited against an applicant's final invoice to be issued pursuant to paragraph (D) of this rule.

(D) Board expenses for the processing of accelerated certificate applications, resolution of jurisdictional issues, and all other incidental services will be invoiced at cost. Payment is due upon receipt of an invoice.

Last updated May 30, 2024 at 9:18 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-05 Accelerated application requirements.

(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 request. In the case of amendments to certificated facilities, this information includes the change between the certificated facility and the facility as it would be amended. Examples of relevant information for inclusion in these requests are:

(1) Provide the name of the project and applicant's reference number, names and reference number(s) of resulting circuits, a brief description of the project, and why the project meets the requirements for a letter of notification or construction notice application.

(2) If the proposed project is an electric power transmission line or gas pipeline, the applicant provide a statement explaining the need for the proposed facility.

(3) Provide the location of the project in relation to existing or proposed lines and substations shown on an area system map of sufficient scale and size to show existing and proposed transmission facilities in the project area.

(4) Describe the alternatives considered and reasons why the proposed location or route is best suited for the proposed facility, including, but not be limited to, impacts associated with socioeconomic, ecological, construction, or engineering aspects of the project.

(5) Describe its public information program to inform affected property owners and residents of the nature of the project and the proposed timeframe for project construction and restoration activities.

(6) Provide an anticipated construction schedule and proposed in-service date of the project.

(7) Provide a map of at least 1:24,000 scale clearly depicting the facility and proposed limits of disturbance with clearly marked streets, roads, and highways, and an aerial image.

(8) Provide a list of properties for which the applicant has obtained easements, options, and/or land use agreements necessary to construct and operate the facility and a list of the additional properties for which such agreements have not been obtained.

(9) Describe the following information regarding the technical features of the project:

(a) Operating characteristics, estimated number and types of structures required, and right-of-way and/or land requirements.

(b) For electric power transmission lines that are within one hundred feet of an occupied residence or institution, the production of electric and magnetic fields during the operation of the proposed electric power transmission line, describe:

(i) Calculated electric and magnetic field strength levels at one meter above ground under the lowest conductors and at the edge of the right-of-way for:

(a) Normal maximum loading.

(b) Emergency line loading.

(c) Winter normal conductor rating.

(ii) The applicant's consideration of design alternatives with respect to electric and magnetic fields and their strength levels, including alternate conductor configuration and phasing, tower height, corridor location, and right-of-way width.

(c) The estimated capital cost of the project.

(10) The applicant shall describe the social and ecological impacts of the project. Examples of relevant information include:

(a) Provide a brief, general description of land use within the vicinity of the proposed project, including a list of municipalities, townships, and counties affected.

(b) Provide the acreage and a general description of all agricultural land, and separately all agricultural district land, existing at least sixty days prior to submission of the application within the potential disturbance area of the project.

(c) Provide a description of the applicant's investigation concerning the presence or absence of significant archeological or cultural resources that may be located within the potential disturbance area of the project, a statement of the findings of the investigation, and a copy of any document produced as a result of the investigation.

(d) Provide a list of the local, state, and federal governmental agencies known to have requirements that must be met in connection with the construction of the project, and a list of documents that have been or are being filed with those agencies in connection with siting and constructing the project.

(e) Provide a description of the applicant's investigation concerning the presence or absence of federal and state designated species (including endangered species, threatened species, rare species, species proposed for listing, species under review for listing, and species of special interest) that may be located within the potential disturbance area of the project, a statement of the findings of the investigation, and a copy of any document produced as a result of the investigation.

(f) Provide a description of the applicant's investigation concerning the presence or absence of areas of ecological concern (including national and state forests and parks, floodplains, wetlands, designated or proposed wilderness areas, national and state wild and scenic rivers, wildlife areas, wildlife refuges, wildlife management areas, and wildlife sanctuaries) that may be located within the potential disturbance area of the project, a statement of the findings of the investigation, and a copy of any document produced as a result of the investigation.

(g) Provide any known additional information that will describe any unusual conditions resulting in significant environmental, social, health, or safety impacts.

Last updated May 30, 2024 at 9:18 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-06 Completeness of accelerated certificate applications, staff investigation, and staff report.

(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 and filed on the date on which it was submitted to the board. If the application is found to be deficient, the application is not deemed to be filed until the board, its executive director, or the administrative law judge determines that all deficiencies have been corrected.

(2) An application that is subject to paragraph (D) of rule 4906-6-03 of the Administrative Code is subject to the chairperson's review to determine its completeness as provided in paragraph (A) of rule 4906-3-06 of the Administrative Code.

(B) Staff will conduct an investigation of each accelerated certificate application and submit a written report no less than seven calendar days prior to the automatic approval date that does the following:

(1) Sets forth the nature of the investigation and contain recommended findings with regard to section 4906.10 of the Revised Code.

(2) Becomes part of the record and be provided to board members, the administrative law judge assigned to the case, the applicant, and all persons who have become parties to the proceedings. Copies shall be made available to any person upon request.

Last updated July 6, 2026 at 8:39 AM

History

• Effective: July 2, 2026
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-07 Service and public distribution of accelerated certificate applications.

(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 with the duty of protecting the environment or of planning land use in the area in which any portion of such facility is to be located. Hard copies shall be made available upon request.

(2) Place a copy of the application or place a notice of the availability of such application in the main public library of each political subdivision as referenced in division (B) of section 4906.06 of the Revised Code. If a notice is provided, that notice shall state that an electronic or paper copy of the application is available from the applicant (with instructions as to how to obtain an electronic or paper copy), available for inspection at the applicant's main office, available for inspection at the board's main office, and available at any other sites at which the applicant will maintain a copy of the application.

(3) Maintain on its website information as to how to request an electronic or paper copy of the application. Upon request for a paper copy of the application, the applicant shall supply the copy within five business days and at no more than cost.

(B) Proof of compliance with this rule shall be filed with the board within seven days of filing the accelerated application.

Last updated May 30, 2024 at 9:19 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-08 Public notice for letter of notification applications.

(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 publication. The applicant is permitted to correct any inadvertent failure of service or publication, provided substantial compliance with these requirements is met. The notice shall occupy not less than one-fourth of each newspaper's standard page, with letters not less than ten-point type, and shall bear the heading "Notice of Proposed Major Utility Facility" in bold letters not less than one-fourth inch high or thirty-point type. The notice shall contain the following information:

(1) The name and a brief description of the proposed facility, including type and capacity.

(2) A map showing the location and general layout of the proposed facility.

(3) A list of officials served with copies of the application.

(4) A list of public libraries that were sent paper copies or notices of availability of the application, and other readily accessible locations (including the applicant's website and the website, mailing address, email address, and telephone number of the board) where copies of the application are available for public inspection.

(5) A statement, including the assigned docket number, that a letter of notification to construct, operate, and maintain said facility is now pending before the board.

(6) A statement explaining that interested persons may file motions to intervene and/or file comments within ten days of the date of publication, in accordance with rule 4906-2-12 of the Administrative Code.

(B) Within seven days of the filing of a letter of notification, the applicant shall send a letter describing the proposed facility to each property owner and affected resident. The letter shall provide a description of the facility, a map showing the location and layout of the facility, a list of readily accessible locations where copies of the letter of notification are available for public inspection, and a statement, including the assigned docket number, that a letter of notification to construct, operate, and maintain said facility is now pending before the board. The letter shall also explain how to participate and comment in the board's proceedings. The letter shall be sent by first class mail. Proof of compliance with this requirement shall be provided to the board staff. The letter shall be sent to each property owner and affected resident:

(1) Within the planned site or along the proposed route of the proposed facility.

(2) Contiguous to the planned site or contiguous to the proposed route of the proposed facility.

(3) Who may be approached by the applicant for any additional easement or land access necessary for the construction, operation, or maintenance of the facility.

(4) If the property owner's address is not the same as the address affected by the proposed facility, then the applicant shall also send a letter to the affected property.

Last updated May 30, 2024 at 9:19 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-2-12

(A) Persons who desire to intervene in a board proceeding shall comply with the following requirements:

(1) The chief executive officer of each municipal corporation and county and the head of each public agency charged with the duty of protecting the environment or of planning land use in the area in which any portion of such facility is to be located may intervene by preparing and filing with the board, within thirty days after the date he or she was served with a copy of the application under division (B) of section 4906.06 of the Revised Code, a notice of intervention containing the following information:

(a) A certification or affirmation as to the legal title and authority of such official.

(b) A statement demonstrating the fact that all or part of the proposed facility is to be located within the area under the jurisdiction of such official.

(c) A statement indicating that such official intends to intervene in the proceedings, together with the grounds for which intervention is sought and the interest of the official in the proceeding, if known.

(2) All other persons may petition for leave to intervene by:

(a) Preparing a petition for leave to intervene setting forth the grounds for the proposed intervention and the interest of the petitioner in the proceedings.

(b) Filing said petition within thirty days after the date of publication of the notice required in accordance with paragraph (A)(1) of rule 4906-3-09 of the Administrative Code or in accordance with division (B) of section 4906.08 of the Revised Code or as otherwise directed by the board or the administrative law judge.

(3) Copies of all notices of intervention and petitions for leave to intervene shall be sent to all parties by the prospective intervenor, and a certificate of service shall be filed with the board at the time of filing said notice or petition pursuant to rule 4906-2-05 of the Administrative Code.

(B) The board or the administrative law judge shall grant petitions for leave to intervene only upon a showing of good cause.

(1) In deciding whether to permit intervention under this paragraph, the board or the administrative law judge may consider:

(a) The nature and extent of the person's interest.

(b) The extent to which the person's interest is represented by existing parties.

(c) The person's potential contribution to a just and expeditious resolution of the issues involved in the proceeding.

(d) Whether granting the requested intervention would unduly delay the proceeding or unjustly prejudice an existing party.

(C) The board or the administrative law judge may, in extraordinary circumstances and for good cause shown, grant a petition for leave to intervene in subsequent phases of the proceeding, filed by a person identified in paragraph (A)(1) or (A)(2) of this rule, who failed to file a timely notice of intervention or petition for leave to intervene. Any petition filed under this paragraph must contain, in addition to the information set forth in paragraph (A)(1) or (A)(2) of this rule, a statement of good cause for failing to timely file the notice or petition and shall be granted only upon a finding that:

(1) Extraordinary circumstances justify the granting of the petition.

(2) The intervenor agrees to be bound by agreements, arrangements, and other matters previously made in the proceeding.

(D) Unless otherwise provided by law, the board or the administrative law judge may:

(1) Grant limited participation, which permits a person to participate with respect to one or more specific issues, if:

(a) The person has no real and substantial interest with respect to the remaining issues.

(b) The person's interest with respect to the remaining issues is adequately represented by existing parties.

(2) Require intervenors with substantially similar interests to consolidate their examination of witnesses or presentation of testimony.

Last updated May 30, 2024 at 9:09 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-09 Suspension of accelerated certificate applications.

(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 to suspend an accelerated certificate application, the board, its executive director, or the administrative law judge will docket its decision and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the board, its executive director, or the administrative law judge deems necessary to evaluate the accelerated certificate application.

(C) Once an accelerated certificate application has been suspended, the board will act to approve, modify, or deny the accelerated certificate application within ninety days from the date that the application was suspended. The board or administrative law judge may, at its discretion, set the matter for hearing.

Last updated May 12, 2026 at 3:56 PM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-10 Automatic approval of accelerated applications.

(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 calendar days after the filing of the written report of investigation and no later than ninety days after the filing date of the application.

(B) If the board does not act upon a letter of notification or construction notice and/or waiver request on or prior to the automatic approval date set forth in the staff report, the letter of notification or construction notice and/or waiver request shall be deemed automatically approved, subject to any conditions contained in the staff report, on the day after the date set forth in the staff report.

(C) Any conditions included in a staff report that are not objected to by an applicant prior to the automatic approval date established in paragraphs (A) and (B) of this rule, shall be deemed automatically adopted by the board, administrative law judge, or executive director as conditions on the certificate of environmental compatibility and public need. If an applicant files a written objection or proposes an alternative condition to any condition proposed in a staff report with the board at least three days prior to the automatic approval date, such condition shall only be effective if specifically recommended by the staff in an amended staff report and adopted by the board within the time permitted for consideration of the application provided in division (F) of section 4906.03 of the Revised Code. No condition proposed in the staff report that is timely objected to by an applicant shall become effective unless the board specifically adopts such condition.

Last updated May 12, 2026 at 3:26 PM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-11 Construction of approved projects and notification of construction.

(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 seven days in advance of beginning construction of the involved project.

(C) Prior to commencement of construction, the applicant shall inform affected property owners and residents of the nature of the project, specific contact information of applicant personnel who are familiar with the project, the proposed schedule for project construction and restoration activities, and a complaint resolution process. Notification to affected property owners and residents shall be given at least seven days prior to work on the affected property.

(D) Applicants shall file a notice with the board within seven days following completion of the involved project.

Last updated May 30, 2024 at 9:19 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-6-12 Amendments and expiration of certificates.

(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 notification or construction notice application shall be determined by referring to the appropriate appendix to rule 4906-1-01 of the Administrative Code. Such amendment application shall use the letter of notification or construction notice docketing code. In such application, the applicant shall reference the case docket in which the certificate was granted.

(B) If a continuous course of construction has not commenced within three years of the accelerated application approval date, the board's approval of the project shall automatically expire. After the expiration of the board's approval, the applicant must submit the project for approval under the board's rules that exist at that time to commence construction.

Last updated June 17, 2024 at 11:04 AM

History

• Effective: December 11, 2015
• Promulgated Under: 111.15

Chapter 4906-7 Procedure

Ohio Adm.Code 4906-7-01 Purpose and scope.

(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 updated May 30, 2024 at 9:20 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-7-02 Compliance monitoring by the board.

(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 Chapter 4906-2 of the Administrative Code to the extent not inconsistent with section 4906.97 of the Revised Code.

(C) While an alleged violation of section 4906.98 of the Revised Code is under board investigation, the board or its chairperson or designee may order the suspension of the involved activity. A suspension order may be terminated by the board or its chairperson or designee at any time during the board's investigation of the alleged violation.

(D) Unless otherwise ordered by the board or an administrative law judge, the staff of the board shall file with the board, and serve upon the person alleged to have violated section 4906.98 of the Revised Code and all other parties, a written report of investigation within twenty-one days after initiation of the involved proceeding. The report shall include the staff's findings on the alleged violation and staff's recommendations for board action.

(E) Any evidentiary hearing on the alleged violation may include evidence on corrective action, forfeitures, and other remedies.

(F) The complaining party (which may include staff) shall have the burden to prove the occurrence of the violation, by a preponderance of the evidence.

(G) If, after a hearing, the board finds that a violation of section 4906.98 of the Revised Code occurred, the board may order appropriate remedies, which may include one or more of the following:

(1) Direct the person to cease the violation.

(2) Direct the person to comply with the certificate and/or a board order or suspension.

(3) Direct the person to take corrective action and include a date by which such corrective action must be taken or completed.

(4) Assess forfeitures in accordance with sections 4906.97 and 4906.99 of the Revised Code.

(5) Direct the attorney general to seek enforcement of board orders, including orders assessing forfeitures and appropriate remedies, in state or federal court.

(6) Approve other appropriate remedies.

(H) The board may request that the attorney general seek enforcement and other appropriate relief in common pleas court, if necessary to enforce its order.

Last updated May 30, 2024 at 9:20 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-7-03 Payment of forfeitures, compromise forfeitures and payments made pursuant to stipulations regarding compliance monitoring.

(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 forfeitures and payments made pursuant to stipulations shall be mailed or delivered to: Ohio Power Siting Board, Fiscal Division, 180 East Broad Street, Columbus, Ohio 43215-3793."

Last updated May 30, 2024 at 9:20 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-7-04 Annual reporting requirement for electric generation facilities.

(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 report. Examples of relevant information for inclusion in the annual report are:

(1) Facility status: an overview of site conditions, ongoing site restoration, the status of facilities still under construction, and a summary of the operating experience of facilities that are in operation, including a description of any events that occurred during the year that had a significant adverse impact on the facility.

(2) Monitoring report: a list and description of all significant monitoring and mitigation activities performed during the reporting period in accordance with site certificate terms and conditions, a summary of the results of those activities, and a discussion of any significant changes to any monitoring or mitigation program, including the reason for any such changes.

(3) Compliance report: a report describing the certificate holder's compliance with all certificate conditions that are applicable during the reporting period.

(4) Facility modification report: a summary of changes to the facility that the certificate holder implemented during the reporting period without an amendment of the certificate.

(5) Status of surety information: documentation demonstrating that bonds or letters of credit as described in the certificate are in full force and effect and will remain in full force and effect for the term of the next reporting period.

(6) Incident report: a summary of all incidents, as defined in rules 4906-4-10 and 4906-7-06 of the Administrative Code, that occurred at the facility during the reporting period.

(B) For each subsequent year after the years in which a report is made under paragraph (A) of this rule, the certificate holder may either file a letter stating that the most recently filed report reflects the current conditions or file a new report in accordance with paragraph (A) of this rule.

Last updated May 30, 2024 at 9:20 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-4-10

(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 discovery unless notification within that time is impracticable under the circumstances.

(2) For purposes of this rule incidents include events where:

(a) There is injury to any person.

(b) There is damage to property other than the property of the wind farm operator.

(c) Where an event such as tower collapse, turbine failure, thrown blade or hub, collector or feeder line failure, ice throw, or nacelle fire, causes damage to the wind farm operator's property that is estimated to exceed fifty thousand dollars, excluding the cost of electricity lost, which is the sum of the estimated cost of material, labor, and equipment to repair and/or replace the operator's damaged property.

(B) Written reports regarding incidents.

(1) Within thirty days after the incident is discovered, a wind farm operator will submit a written report to the executive director describing the cause of the incident, where ascertainable, and any damage to the wind farm facility or to neighboring properties or persons, on a form provided by the board.

(2) Each wind farm operator will also docket, in the wind farm certificate case, a final written report on a form provided by the board within sixty days after discovery of the incident, unless the wind farm operator:

(a) For good cause shown, demonstrates more time is needed; and

(b) Submits interim reports to the executive director at intervals of not more than sixty days until a final report is docketed.

(C) Each final written report will address:

(1) Cause of the incident;

(2) Date and time the incident occurred and date and time it was discovered;

(3) If the incident involved a turbine, the distance between debris and the wind turbine base;

(4) If the incident involved a turbine, the distance between debris to habitable structures and property lines, and photographs of the debris field;

(5) A narrative description of the incident and actions taken by the wind farm operator, including a timeline of events;

(6) What, if any, damage occurred to the property within the wind farm facility;

(7) What steps were necessary to repair, rebuild, or replace damage to any property within the wind farm facility;

(8) What, if any, personal injury was caused by, or related to, the incident;

(9) What, if any, damage to properties within or adjacent to the wind farm project area was caused by, or related to, the incident;

(10) What, if any, steps were, or will be, taken to prevent future incidents.

(D) Staff investigation and restart.

(1) Staff will investigate every incident that results in a report being submitted pursuant to this rule. Except as necessary for public safety, a wind farm operator should not disturb any damaged property within the facility or the site of a reportable incident until after staff has made an initial site visit. Staff will make its initial visit to review any damaged property within three business days of the notice provided for in paragraph (A)(1) of this rule unless otherwise prohibited from accessing the area of the damaged property by public safety officials.

(2) A wind farm operator will not restart any damaged property within a facility involved in a reportable incident until such restart is approved by the board's executive director or the executive director's designee pursuant to the following process:

(a) Such approval is premised upon the filing of:

(i) A complete and final written report fully addressing the factors set forth in paragraph (C) of this rule,

(ii) A representation by the wind farm operator that it is ready to restart the damaged property, and,

(iii) A notarized statement that a satisfactory repair or replacement of the damaged property has been completed from:

(a) A licensed professional engineer;

(b) A qualified representative from the manufacturer of the damaged equipment; or

(c) A person employed by or hired by the operator having appropriate qualifications under the circumstances to provide the required statement.

(b) Unless otherwise suspended for good cause shown by the board, executive director, or an administrative law judge, a wind farm operator may restart damaged property five business days after docketing the information required in this rule.

Last updated May 30, 2024 at 9:16 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-7-06

(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 of any generation facility certified by the board where:

(1) There is injury to any person that requires medical treatment beyond first aid.

(2) There is damage to property other than the property leased or owned by the facility operator.

(3) There is damage to the facility operator's property that is estimated to exceed fifty thousand dollars, excluding the cost of electricity lost, which is the sum of the estimated cost of material, labor, and equipment to repair and/or replace the operator's damaged property.

(C) Telephone notice. Facility operators shall notify the board's executive director by calling 1-844-OHCALL1 (1-844-642-2551) as well as local law enforcement and first responders of all incidents involving a certificated facility, within thirty minutes after discovery unless notification within that time is impracticable under the circumstances.

(D) Written reports regarding incidents.

(1) Within thirty days after an incident is discovered, a facility operator shall submit a written report to the executive director describing the cause of the incident, where ascertainable, and any damage to the facility or to neighboring properties or persons, on a form provided by the board.

(2) Each facility operator shall also docket, in the facility's certificate case, a final written report on a form provided by the board within sixty days after discovery of the incident, unless both of the following apply:

(a) The facility operator, for good cause shown, demonstrates more time is needed;

(b) The facility operator submits interim reports to the executive director at intervals of not more than sixty days until a final report is docketed.

(3) Each written report submitted pursuant to this rule shall address:

(a) The cause of the incident.

(b) The date and time the incident occurred and date and time it was discovered.

(c) A narrative description of the incident and actions taken by the facility operator, including a timeline of those actions and other relevant events.

(d) What, if any, damage occurred to the property within the facility.

(e) What steps were necessary to repair, rebuild, or replace damage to any property of the facility.

(f) What, if any, personal injury was caused by, or related to, the incident.

(g) What, if any, damage to properties within or adjacent to the project area was caused by, or related to, the incident.

(h) What, if any, steps were, or will be taken to prevent future incidents.

(E) Staff will investigate every incident that results in a report being submitted under paragraph (D)(1) of this rule. Except as necessary for public safety, a facility operator shall not disturb any damaged property within the facility or the site of a reportable incident until the staff approves action to move the damaged property. Staff will make its initial visit to review any damaged property within three business days of a reported incident unless otherwise prohibited from accessing the area of the damaged property by public safety officials.

(F) A facility involved in a reportable incident under this rule shall not restart or resume construction as to any damaged property within a facility involved in a reportable incident until such action is approved by the board's executive director or the executive director's designee pursuant to the following process:

(1) Such approval is premised upon the filing of:

(a) A complete and final written report fully addressing the factors set forth in paragraph (D) of this rule,

(b) A representation by the facility operator that it is ready to restart the damaged property, and,

(c) A notarized statement that a satisfactory repair or replacement of the damaged property has been completed from:

(i) A licensed professional engineer;

(ii) A qualified representative from the manufacturer of the damaged equipment; or

(iii) A person employed by or hired by the operator having appropriate qualifications under the circumstances to provide the required statement.

(2) Unless otherwise suspended for good cause shown by the board, executive director, or an administrative law judge, a facility operator may restart damaged property five business days after docketing the information required in this rule.

Last updated May 30, 2024 at 9:20 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-7-05 Reporting violations.

(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 description of the violation.

(2) The date and time the violation occurred.

(3) The date and time the violation was discovered.

(4) All actions taken to address the violation, including a timeline of those actions and other relevant events.

(5) The certificate holder's plan to respond to the violation and avoid future similar violations.

(6) Any other information relevant to the cause and prevention of any recurrence of the violation.

(B) Staff will investigate every report submitted under paragraph (A) of this rule.

Last updated May 30, 2024 at 9:20 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 4906-7-07 Compliance site review.

(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 materials, activities, related or supporting facilities, premises, and records pertaining to construction, operation, and maintenance of the facility.

(B) When practical, inspections will occur with prior reasonable notice to the certificate holder such that its representative may accompany compliance staff during any inspection conducted under this rule.

(C) The board shall maintain written records of all inspections conducted under this rule.

Last updated May 30, 2024 at 9:21 AM

History

• Effective: May 30, 2024
• Promulgated Under: 111.15