Ohio § 4906.10

§ 4906.10.

(A) The power siting board shall render a decision upon the record either granting or

denying the application as filed, or granting it upon such terms, conditions, or modifications

of the construction, operation, or maintenance of the major utility facility as the

board considers appropriate.  The certificate shall be subject to sections 4906.101 , 4906.102 , and 4906.103 of the Revised Code and conditioned upon the facility being in compliance with standards and rules adopted

under section 4561.32 and Chapters 3704., 3734., and 6111. of the Revised Code.  An applicant may withdraw an application if the board grants a certificate on terms,

conditions, or modifications other than those proposed by the applicant in the application. The board shall not grant a certificate for the construction, operation, and maintenance

of a major utility facility, either as proposed or as modified by the board, unless

it finds and determines all of the following: (1) The basis of the need for the facility if the facility is an electric transmission

line or gas pipeline; (2) The nature of the probable environmental impact; (3) That the facility represents the minimum adverse environmental impact, considering

the state of available technology and the nature and economics of the various alternatives,

and other pertinent considerations; (4) In the case of an electric transmission line or generating facility, that the facility

is consistent with regional plans for expansion of the electric power grid of the

electric systems serving this state and interconnected utility systems, that the facility

will serve the interests of electric system economy and reliability, and, in the case

of an electric transmission line, that the facility must consider implementing cost-effective

advanced transmission technologies to maximize the value, expand capacity, or improve

the reliability of the facility; (5) That the facility will comply with Chapters 3704., 3734., and 6111. of the Revised

Code and all rules and standards adopted under those chapters and under section 4561.32 of the Revised Code .  In determining whether the facility will comply with all rules and standards adopted

under section 4561.32 of the Revised Code , the board shall consult with the office of aviation of the division of multi-modal

planning and programs of the department of transportation under section 4561.341 of the Revised Code . (6) That the facility will serve the public interest, convenience, and necessity; (7) In addition to the provisions contained in divisions (A)(1) to (6) of this section

and rules adopted under those divisions, what its impact will be on the viability

as agricultural land of any land in an existing agricultural district established

under Chapter 929. of the Revised Code that is located within the site and alternative

site of the proposed major utility facility.  Rules adopted to evaluate impact under division (A)(7) of this section shall not

require the compilation, creation, submission, or production of any information, document,

or other data pertaining to land not located within the site and alternative site. (8) That the facility incorporates maximum feasible water conservation practices as determined

by the board, considering available technology and the nature and economics of the

various alternatives. (B) If the board determines that the location of all or a part of the proposed facility

should be modified, it may condition its certificate upon that modification, provided

that the municipal corporations and counties, and persons residing therein, affected

by the modification shall have been given reasonable notice thereof. (C) A copy of the decision and any opinion issued therewith shall be served upon each

party. (D) The board shall render a decision under this section 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 the time period required by this

division, the application shall be deemed approved by operation of law, and the board

shall issue a certificate to the applicant.