Ohio § 4906.03

§ 4906.03.

The power siting board shall: (A) Require such information from persons subject to its jurisdiction as it considers

necessary to assist in the conduct of hearings and any investigations or studies it

may undertake; (B) Conduct any studies or investigations that it considers necessary or appropriate

to carry out its responsibilities under this chapter; (C) Adopt rules establishing criteria for evaluating the effects on environmental values

of proposed and alternative sites, and projected needs for electric power, and such

other rules as are necessary and convenient to implement this chapter, including rules

governing application fees, supplemental application fees, and other reasonable fees

to be paid by persons subject to the board's jurisdiction.  The board shall make an annual accounting of its collection and use of these fees

and shall issue an annual report of its accounting, in the form and manner prescribed

by its rules, not later than the last day of June of the year following the calendar

year to which the report applies. (D) Approve, disapprove, or modify and approve applications for certificates; (E) Notwithstanding sections 4906.06 to 4906.14 of the Revised Code , the board may adopt rules to provide for an accelerated review of an application

for a construction certificate for construction of a major utility facility 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)(7) of section 1551.33 of the Revised Code .  Applications for construction certificates for construction of major utility facilities

for Ohio coal research and development shall be filed with the board on the same day

as the proposed facility or project is submitted to the Ohio coal development office

for review. The board shall render a decision on an application for a construction certificate

within ninety days after receipt of the application and all of the data and information

it may require from the applicant.  In rendering a decision on an application for a construction certificate, the board

shall only consider the criteria and make the findings and determinations set forth

in divisions (A)(2), (3), (5), and (7) and division (B) of section 4906.10 of the Revised Code . (F) Notwithstanding sections 4906.06 to 4906.14 of the Revised Code , the board shall adopt rules to provide for an accelerated review of an application

for a construction certificate for any of the following: (1) An electric transmission line that is: (a) Not more than two miles in length; (b) Primarily needed to attract or meet the requirements of a specific customer or specific

customers; (c) Necessary to maintain reliable electric service as a result of the retirement or

shutdown of an electric generating facility located within the state;  or (d) A rebuilding of an existing transmission line. (2) An electric generating facility that uses waste heat or natural gas and is primarily

within the current boundary of an existing industrial or electric generating facility; (3) A gas pipeline that is not more than five miles in length or is primarily needed

to meet the requirements of a specific customer or specific customers. The board shall adopt rules that provide for the automatic certification to any entity

described in this division when an application by any such entity is not suspended

by the board, an administrative law judge, or the chairperson or executive director

of the board for good cause shown, within ninety days of submission of the application.  If an application is suspended, the board shall approve, disapprove, or modify and

approve the application not later than ninety days after the date of the suspension. (G) Notwithstanding sections 4906.06 to 4906.14 of the Revised Code , the board shall adopt rules to provide for the accelerated review of an application

for a construction certificate for any of the following that are located in a priority

investment area designated and approved under section 122.161 of the Revised Code : (1) An electric generating plant and associated facilities; (2) An electric transmission line and associated facilities; (3) Gas pipeline infrastructure. The chairperson of the board, not later than forty-five days after receipt of an application

submitted under division (G) of this section, shall determine if it complies with

all application requirements set by the public utilities commission by rule.  If the chairperson does not issue a determination within the time period required

by this division, the application shall be deemed in compliance by operation of law. The board shall render a decision on an application submitted under this division

not later than forty-five days after the application is determined in compliance with

all requirements set by the commission.  If the board does not render a decision within forty-five days, the application

shall be considered approved by operation of law, and the board shall issue a certificate

to the applicant. The board shall adopt rules to implement this division, including rules that prioritize

applications for construction on areas negatively impacted by the decline of the coal

industry. (H) Notwithstanding sections 4906.06 to 4906.14 of the Revised Code , the board shall adopt rules to provide for the accelerated review of an application

for a construction certificate for a major utility facility if at the time the application

is filed the construction will be located on the following: (1) In whole, on property owned by, or under a lease with a term of twenty-five years

or more with, the applicant; (2) In whole or in part, on an easement or right-of-way; (3) On any combination of such property, easement, or right-of-way described in divisions

(H)(1) and (2) of this section. No accelerated application shall be granted under the rules adopted under division

(H) of this section for construction of a major utility facility, in whole or in part,

on property under a lease or an easement or right-of-way, if additional consent for

construction on the property, easement, or right-of-way is required by any person

or entity other than the power siting board. The board shall render a decision on an application submitted under this division

not later than sixty days after receipt of the application.  If the board does not render a decision within sixty days, the application shall

be considered approved by operation of law, and the board shall issue a certificate

to the applicant.