Current through Register Vol. XLI, No. 50, December 13, 2024
Section 53-5-3 - Eligibility to petition for decommissioning or deconstruction activities; Exempt from rule3.1. Petitioners shall meet the following requirements prior to petitioning the Authority for approval to undertake decommissioning or deconstruction activities:3.1.1. If Petitioner is a utility, regulated by the PSC, it shall first obtain approval from the PSC on Petitioner's planned decommissioning or deconstruction activities, in accordance with W. Va. Code § 24-1-1et seq., W. Va. Code § 24-2-5, and W. Va. Code § 24-2-21a(a).3.1.2. If the Facility is connected to the PJM Interconnection, Petitioner shall obtain a deactivation analysis in compliance with PJM Manual 14D, Section 9: Generator Deactivations.3.1.3. The Facility shall be in material compliance with all applicable local, state, and federal regulations.3.1.4. Petitioner provides notice to the West Virginia Department of Environmental Protection ("DEP") of its intent to undertake decommissioning or deconstruction activities and requests from the DEP a pre-closure inspection to identify areas of concern.3.2. Any coal, oil, or natural gas fueled power plants that have been non-producing prior to March 6, 2018, are exempt from this rule.