2011 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.
KY Rev Stat § 278.710 (1996 through Reg Sess) What's This?
278.710 Granting or denial of construction certificate -- Policy of General
Assembly -- Transfer of rights and obligation.
(1)
(2)
Within ninety (90) days of receipt of an administratively complete application, or
within one hundred twenty (120) 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 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 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. 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 generation
as set forth in KRS 152.210, provided that any facility, regardless of fuel choice,
(3)
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 24, 2002
History: Created 2002 Ky. Acts ch. 365, sec. 6, effective April 24, 2002.
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