2014 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.
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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 facility 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 a 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 exhaust stack of the proposed 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
facilities capable of generating ten megawatts (10MW) or more currently
exist on the site. If the facility is 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, 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 in compliance 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:
1.
The scheduling and conducting of a public meeting in the county or
(3)
(4)
(5)
counties in which the proposed facility will be constructed at least
ninety (90) days prior to the filing of an application, for the purpose
of informing the public of the project being considered and receiving
comment on it;
2.
Evidence that notice of the time, subject, and location of the meeting
was published in the newspaper of general circulation in the county,
and that individual notice was mailed to all owners of property
adjoining the proposed project at least two (2) weeks prior to the
meeting; and
3.
Any use of media coverage, direct mailing, fliers, newsletters,
additional public meetings, establishment of 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 ($5,000). 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 10, 2014
History: Amended 2014 Ky. Acts ch. 88, sec. 3, effective April 10, 2014. -- Created
2002 Ky. Acts ch. 365, sec. 4, effective April 24, 2002.
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