2011 Kentucky Revised Statutes CHAPTER 278 PUBLIC SERVICE COMMISSION 278.706 Application for certificate to construct merchant electric generating facility -- Fees -- Replacement or repair does not constitute construction.
KY Rev Stat § 278.706 (1996 through Reg Sess) What's This?
278.706 Application for certificate to construct merchant electric generating
facility -- Fees -- Replacement or repair does not constitute construction.
(1)
(2)
Any person seeking to obtain a construction certificate from the board to construct a
merchant electric generating facility shall file an application at the office of the
Public Service Commission.
A completed application shall include the following:
(a) The name, address, and telephone number of the person proposing to
construct and own the merchant electric generating facility;
(b) A full description of the proposed site, including a map showing the distance
of the proposed site from residential neighborhoods, the nearest residential
structures, schools, and public and private parks that are located within a two
(2) mile radius of the proposed facility;
(c) Evidence of public notice that shall include the location of the proposed site
and a general description of the project, state that the proposed construction is
subject to approval by the board, and provide the telephone number and
address of the Public Service Commission. Public notice shall be given within
thirty (30) days immediately preceding the application filing to:
1.
Landowners whose property borders the proposed site; and
2.
The general public in a newspaper of general circulation in the county or
municipality in which the plant is proposed to be located;
(d) A statement certifying that the proposed plant will be in compliance with all
local ordinances and regulations concerning noise control and with any local
planning and zoning ordinances. The statement shall also disclose setback
requirements established by the planning and zoning commission as provided
under KRS 278.704(3);
(e) If the facility is not 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 or in an area
where a planning and zoning commission has established a setback
requirement pursuant to KRS 278.704(3), a statement that the proposed site is
at least one thousand (1,000) feet from the property boundary of any adjoining
property owner and two thousand (2,000) feet from any residential
neighborhood, school, hospital, or nursing home facility, unless facilities
capable of generating ten megawatts (10MW) or more currently exist on the
site. 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, a statement
that the proposed site is compatible with the setback requirements provided
under KRS 278.704(5). If the facility is proposed to be located in a
jurisdiction that has established setback requirements pursuant to KRS
278.704(3), a statement that the proposed site is compatible with those
established setback requirements;
(f) A complete report of the applicant's public involvement program activities
undertaken prior to the filing of the application, including any use of media
coverage, direct mailing, fliers, newsletters, public meetings, establishment of
(3)
(4)
(5)
a community advisory group, and any other efforts to obtain local involvement
in the siting process;
(g) A summary of the efforts made by the applicant to locate the proposed facility
on a site where existing electric generating facilities are located;
(h) Proof of service of a copy of the application upon the chief executive officer
of each county and municipal corporation in which the proposed facility is to
be located, and upon the chief officer of each public agency charged with the
duty of planning land use in the jurisdiction in which the facility is proposed
to be located;
(i) An analysis of the proposed facility's projected effect on the electricity
transmission system in Kentucky;
(j) An analysis of the proposed facility's economic impact on the affected region
and the state;
(k) A detailed listing of all violations by it, or any person with an ownership
interest, of federal or state environmental laws, rules, or administrative
regulations, whether judicial or administrative, where violations have resulted
in criminal convictions or civil or administrative fines exceeding five
thousand dollars (,000). The status of any pending action, whether judicial
or administrative, shall also be submitted; and
(l) A site assessment report as specified in KRS 278.708. The applicant may
submit and the board may accept documentation of compliance with the
National Environmental Policy Act (NEPA) rather than a site assessment
report.
Application fees for a construction certificate shall be set by the board and
deposited into a trust and agency account to the credit of the commission.
Replacement of a merchant electric generating facility with a like facility, or the
repair, modification, retrofitting, enhancement, or reconfiguration of a merchant
electric generating facility shall not, for the purposes of this section and KRS
224.10-280, 278.704, 278.708, 278.710, and 278.712, constitute construction of a
merchant electric generating facility.
The board shall promulgate administrative regulations prescribing fees to pay
expenses associated with its review of applications filed with it pursuant to KRS
278.700 to 278.716. All application fees collected by the board shall be deposited in
a trust and agency account to the credit of the Public Service Commission. If a
majority of the members of the board find that an applicant's initial fees are
insufficient to pay the board's expenses associated with the application, including
the board's expenses associated with legal review thereof, the board shall assess a
supplemental application fee to cover the additional expenses. An applicant's failure
to pay a fee assessed pursuant to this subsection shall be grounds for denial of the
application.
Effective: April 24, 2002
History: Created 2002 Ky. Acts ch. 365, sec. 4, effective April 24, 2002.
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