W. Va. Code R. § 150-30-7

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-30-7 - Modification or Amendment to Siting Certificates

7.1 An owner or operator of a 24-2-1(d) generating facility must obtain Commission approval prior to making any modifications related to any terms, conditions or limitations applicable to the construction and/or operation of the 24-2-1(d) generation facility specifically set forth in the Commission order, or prior to making any material modification to the 24-2-1(d) generating facility as approved by the Commission by constructing the facility using engineering design plans different from those filed with its original Siting certificate application, modifying the footprint of the 24-2-1(d) generating facility or increasing the transmission or generation of the 24-2-1(d) generating facility. If the owner or operator believes that, when considering the totality of the circumstances surrounding any such modification, the modification is not material it may petition the Commission for waiver of the requirement to obtain a modification or amendment to its Siting certificate. The Commission may deny or grant such request or it may limit the information required to be filed, depending on the circumstances of the proposed modification.

7.2. An owner or operator shall request Commission approval of a modification or amendment to a Siting certificate using Form No. 3, attached to these Rules.

7.3. Any application for Commission approval of a waiver or modification of a condition previously ordered by the Commission and accepted by the original applicant shall be accompanied with an application fee equaling the greater of $1,000.00 or one tenth of one percent (.001) of the projected capital cost incurred or eliminated of by the proposed waiver or modifications, provided, however, that the fee shall not exceed $200,000.00.

W. Va. Code R. § 150-30-7