2014 Kentucky Revised Statutes CHAPTER 278 - PUBLIC SERVICE COMMISSION 278.710 Granting or denial of construction certificate -- Policy of General Assembly -- Transfer of rights and obligation.
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278.710 Granting or denial of construction certificate -- Policy of General
Assembly -- Transfer of rights and obligation.
(1)
(2)
Within one hundred twenty (120) days of receipt of an administratively
complete application, or within one hundred eighty (180) days of receipt of an
administratively complete application if a hearing is requested, the board shall,
by majority vote, grant or deny a construction certificate, either in whole or in
part, based upon the following criteria:
(a) Impact of the facility on scenic surroundings, property values, the pattern
and type of development of adjacent property, and surrounding roads;
(b) Anticipated noise levels expected as a result of construction and
operation of the proposed facility;
(c) The economic impact of the facility upon the affected region and the
state;
(d) Whether the facility is proposed for a site upon which existing generating
facilities, capable of generating ten megawatts (10MW) or more of
electricity, are currently located;
(e) Whether the proposed facility will meet all local planning and zoning
requirements that existed on the date the application was filed;
(f) Whether the additional load imposed upon the electricity transmission
system by use of the merchant electric generating facility will adversely
affect the reliability of service for retail customers of electric utilities
regulated by the Public Service Commission;
(g) Except where the facility is subject to a statewide setback established by
a planning and zoning commission as provided in KRS 278.704(3) and
except for a facility proposed to be located on a site of a former coal
processing plant and the facility will use on-site waste coal as a fuel
source, whether the exhaust stack of the proposed merchant electric
generating facility and any wind turbine is at least one thousand (1,000)
feet from the property boundary of any adjoining property owner and all
proposed structures or facilities used for generation of electricity are two
thousand (2,000) feet from any residential neighborhood, school, hospital,
or nursing home facility, unless a different setback has been requested
and approved under KRS 278.704(4). If a planning and zoning
commission has established setback requirements that differ from those
under KRS 278.704(2), the applicant shall provide evidence of
compliance. If the facility is proposed to be located on site of a former
coal processing plant and the facility will use on-site waste coal as a fuel
source, the applicant shall provide evidence of compliance with the
setback requirements provided in KRS 278.704(5);
(h) The efficacy of any proposed measures to mitigate adverse impacts that
are identified pursuant to paragraph (a), (b), (e), or (f) of this subsection
from the construction or operation of the proposed facility; and
(i) Whether the applicant has a good environmental compliance history.
When considering an application for a construction certificate for a merchant
electric generating facility, the board may consider the policy of the General
Assembly to encourage the use of coal as a principal fuel for electricity
(3)
generation as set forth in KRS 152.210, provided that any facility, regardless of
fuel choice, shall comply fully with KRS 224.10-280, 278.212, 278.216, and
278.700 to 278.716.
A person that has received a construction certificate for a merchant electric
generating facility shall not transfer rights and obligation under the certificate
without having first applied for and received a board determination that:
(a) The acquirer has a good environmental compliance history; and
(b) The acquirer has the financial, technical, and managerial capacity to meet
the obligations imposed by the terms of the approval or has the ability to
contract to meet these obligations.
Effective:April 10, 2014
History: Amended 2014 Ky. Acts ch. 88, sec. 5, effective April 10, 2014. -- Created
2002 Ky. Acts ch. 365, sec. 6, effective April 24, 2002.
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