W. Va. Code R. § 150-39-7

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

Section 150-39-7 - Modification or Amendment to Solar EWG Siting Certificates

7.1 An owner or operator of a Solar EWG generating facility must obtain Commission approval to eliminate or modify any terms, conditions or limitations in the Commission order approving a solar siting certificate. Further the owner or operator must obtain prior Commission approval to make any material modification to the Solar EWG generating facility as approved by the Commission, including but not limited to, modifying the footprint of the Solar EWG generating facility or increasing the transmission or generation capacity of the Solar EWG generating facility. If the owner or operator believes that, when considering the totality of the circumstances surrounding any elimination or modification of the terms and conditions of the certificate or material modification of the Solar EWG generating facility, the change is not material, it may petition the Commission for waiver of the requirement to obtain a modification or amendment to its Solar EWG 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 Solar EWG 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 or for a material modification to the Solar EWG generating facility shall be accompanied with an application fee equaling the greater of $500.00 or one tenth of one percent (.001) of the projected capital cost incurred or eliminated by the proposed waiver or modifications, provided, however, that the fee shall not exceed $40,000.00.

W. Va. Code R. § 150-39-7