W. Va. Code R. § 150-39-3

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

Section 150-39-3 - Pre-filing and Filing Requirements

3.1. Any entity intending to file an application for a Solar EWG siting certificate shall, at least fifteen (15) days and no more than ninety (90) days prior to the date it intends to file its application, give the Commission notice by filing with the Commission's Executive Secretary an original and twelve (12) copies of a letter of notification. The Commission may modify or waive this requirement. A prefiling notice shall expire after 90 days.

3.2. An applicant for a Solar EWG siting certificate may request that information it files in response to discovery requests, or pursuant to these rules be accorded proprietary treatment. The Commission will review such requests pursuant to applicable statutory and case law. Any party asserting confidentiality for such information must:

3.2.1 File with the Executive Secretary's office an unredacted hard copy version of each document that contains the confidential information. Each page, including cover page, for which a confidential designation is claimed, must be identified with a bold header stating, "Confidential Version." In addition, all information for which confidential treatment is requested must be identified with the use of bold double square brackets ([[ ]]) at the beginning and end of the material that is redacted in the public version. The party claiming confidentiality should restrict its designations to encompass only the specific information that it asserts is confidential. If a confidential designation is challenged, the party claiming confidentiality shall have the burden to prove that the information designated as confidential falls under the standards for nondisclosure enunciated in the West Virginia Freedom of Information Act, W.Va. Code § 29B-1-1, et. seq. and that the designation is narrowly tailored to encompass only confidential information. A motion for protective treatment shall be filed at the same time as the confidential information.

3.2.2 File with the Executive Secretary's office a public version of each document that contains no confidential information and a public version of each document with the confidential information redacted. Each public version document must be clearly marked on every page, including the cover page, with a bold header stating "Public Version." The redactions of asserted confidential information may be actual marked-out sections, or, blank sections beginning and ending with bold double square brackets ([[ ]]) with the phrase "redacted material" within the brackets. The blank area within the redaction shall cover the entire length of redacted text.

3.2.3 The confidential version must be filed on the same day as the public, redacted version.

3.3. Within 90 days following the filing of a notice of intent pursuant to Rule 3.1., an applicant shall submit to the Commission's Executive Secretary an original and twelve (12) copies of its application for a Solar EWG siting certificate. To be accepted for filing as provided in Rule 3.7., an application shall include all information required by these Rules, including Form No. 1, Form No. 2 and Form No. 4. When preparing Form No. 2 attached to these Rules, the applicant should leave blank the date of the order and the case number. The Commission will then issue an order requiring publication of the Notice of Filing. Publication shall be made in newspapers of general circulation in each county in which all or a portion of the proposed Solar EWG generating facility, and, if applicable, a 200,000 volts or over transmission line, is located or will be located and in a newspaper published and of general circulation in Kanawha County. The applicant shall file proof of publication provided by the newspaper(s) with the Commission as soon as possible after the Notice of Filing is published.

3.4. When an applicant seeks authority to construct a Solar EWG generating facility and related transmission line of 200,000 volts or greater, the applicant must simultaneously apply for both a Solar EWG siting certificate and a certificate of public convenience and necessity under W.Va. Code § 24-2-11a for the 200,000 volts or greater transmission facilities. The application for the transmission facilities will be assigned a separate docket number. Both dockets will be styled as relating to each other. All documents relating to either the Solar EWG generating facility or the 200,000 volts or greater transmission line will be included in both case files. When an applicant files both a Solar EWG siting certificate application and an application for a certificate of public convenience and necessity to construct a transmission line of 200,000 volts or greater, the Commission will attempt to schedule proceedings to allow it to render its combined decision in both cases within one hundred and fifty (150) days of the application filing date. This rule does not provide the applicant with any assurance that an application under W.Va. Code § 24-2-11a will be concluded within one hundred and fifty (150) days.

3.5. When an applicant proposes to construct a Transmission support line of less than 200,000 volts, to be associated with a Solar EWG generating facility, then the applicant shall not be required to file a separate application for a certificate of public convenience and necessity, pursuant to W.Va. Code § 24-2-11. Rather, the Transmission support line shall be deemed to be an integral part of the Solar EWG generating facility and will be evaluated by the Commission within the 150 day period set forth in W.Va. Code § 24-2-10(n), within the context of the Solar EWG siting certificate application case. However, the applicant must include in its filing all of the information concerning the transmission line as required by the Rules for Government of Electric Utilities, 150 C.S.R. 3, as if it were a separate filing.

3.6. An applicant for a Solar EWG siting certificate may request a waiver for good cause shown of any of the information requirements of Rules 4.1.1. through 4.1.5. of these Rules that is inapplicable to the proposed Solar EWG siting certificate.

3.7. Except for filing requirements that are the subject of a motion for waiver filed contemporaneously with submission of an application, only a complete application will be deemed a filed application. Within fifteen (15) days of submission of an application for a Solar EWG siting certificate, the Commission will determine if the application is substantially complete. If it is not substantially complete the Commission will notify the Applicant by Order of the missing information. The Applicant shall have fifteen (15) days to submit the missing information (date of completion). If the applicant completes the application within fifteen (15) days of the Commission Order, the application will be deemed filed on the date of completion. If the applicant does not submit missing information within fifteen (15) days of the Commission Order, the application will be deemed rejected and will be returned to the Applicant. If the filing is rejected the filing fee will be returned to the Applicant.

W. Va. Code R. § 150-39-3