Current through Register Vol. XLI, No. 50, December 13, 2024
Section 53-5-5 - Petition Requirements5.1. Each petition shall include the following minimum requirements: 5.1.1. An analysis by the third-party evaluator that evaluates, through objective quantitative and qualitative analysis, the social impact the decommissioning or deconstruction activities will have at a local and statewide level, including, but not limited to: 5.1.1.a. Other potential uses of the Facility, including the implementation of novel and green technologies or alternative fuel sources within the Facility.5.1.1.b. Any actions to be taken by the Petitioner to prevent the Facility from becoming a nuisance or safety concern to the local community.5.1.1.c. The impact on the local community's ability to support and maintain existing residents and businesses.5.1.1.d. Any actions already taken by the Petitioner to offset any anticipated social impacts.5.1.2. An analysis by the third-party evaluator that evaluates, through objective quantitative and qualitative analysis, the environmental impact the decommissioning or deconstruction activities will have at a local and statewide level, including, but not limited to:5.1.2.a. All entities that are currently liable for the Facility's environmental liabilities.5.1.2.b. Whether the Facility is following all applicable terms and conditions of its Title V operating permit pursuant to W. Va. CSR § 45-30-6, including the payment of fees pursuant to W. Va. CSR § 45-30-8.5.1.2.c. The number, size, and location of all ash ponds, embankments, or impoundments used by the Facility.5.1.2.d. Whether there has been any settlement, movement, erosion, seepage, leakage, cracking, or other deterioration of any Facility ash pond, embankment, or impoundment.5.1.2.e. Any analysis of the hazard potential resulting from the failure or breach of any Facility ash pond, embankment, or impoundment.5.1.2.f. Whether, and in what amount, there are currently pollutants, chemicals, or other hazardous materials stored or located within the Facility.5.1.2.g. Whether there has been any soil or groundwater contamination resulting from the release or discharge of any pollutants, chemicals, or other hazardous material from the Facility.5.1.2.h. Any actions taken by the Petitioner to offset any anticipated environmental impacts resulting from the decommissioning or deconstruction activities.5.1.3. An analysis by the third-party evaluator that evaluates, through objective quantitative and qualitative analysis, the economic impact the decommissioning or deconstruction activities will have at a local and statewide level, including, but not limited to: 5.1.3.a. The anticipated job loss at the Facility.5.1.3.b. The anticipated job loss for vendors and other businesses providing goods and services to the Facility.5.1.3.c. The impact on revenues for school districts and local, county, and state governments.5.1.3.d. The amount of coal, oil, or natural gas used annually by the Facility for the previous five (5) years.5.1.3.e. The amount of severance tax paid annually to the State of West Virginia for the coal, oil, and natural gas used by the Facility for the previous five (5) years.5.1.3.f. Any actions taken by the Petitioner to offset any of the anticipated economic impacts.5.1.4. A detailed explanation of the funds Petitioner currently has set aside, committed, and available to complete the decommissioning or deconstruction activities, including: 5.1.4.a. The amount of funds set aside, committed, and available.5.1.4.b. Whether Petitioner has secured contingency financing in the event the total cost of decommission or deconstruction of the Facility exceeds the amount of funds set aside by Petitioner.5.2. A petition shall also include, attached as exhibits:5.2.1. A copy of the third-party evaluator's analysis; Provided the analysis may be summarized in the Petition itself.5.2.2. Copies of all federal, state, or local permits pertaining to the Facility that are applicable and in effect as of the date the Petition was filed.5.2.3. Copies of all Certificates of Convenience and Necessity, if any, granted to the Facility from any federal, state, or local governmental entity.5.2.4. Copies of all Certificates of Approval or Authorization for the Facility, including for any of its ash ponds, embankments, or impoundments, issued by any federal, state, or local governmental agency.5.2.5. A certified survey or plat of the Facility identifying: 5.2.5.a. The perimeter of the real property of the Facility.5.2.5.d. Generating units.5.2.5.e. Ash ponds, embankments, and impoundments.5.2.5.f. Transmission lines.5.2.5.g. Railroad tracks.5.2.5.h. Barge loading and unloading facilities.5.2.5.i. Natural gas or oil pipelines.5.2.5.j. Above-ground storage tanks.5.2.5.k. Below-ground storage tanks.5.2.5.l. Coal stockpiles.5.2.5.n. Electrical transformers.5.2.5.o. Areas where chemicals, pollutants, or other hazardous materials are stored, located, or have been discharged.5.2.5.p. Any other improvement, attachment, fixture, or structure, whether above-ground or below-ground, necessary for the operation of the Facility.5.2.6. A detailed description of the planned decommissioning or deconstruction activities to be performed at the Facility, including, but not limited to:5.2.6.a. Planned decommissioning or deconstruction activities and whether those activities will be performed by the Owner, Operator, or third-party.5.2.6.b. Waste processing, storage, and disposal activities, including the removal of hazardous waste from the Facility.5.2.6.c. Site security, surveillance, and maintenance activities, including the provision of security and surveillance services; the erection of fences, access gates, and intrusion detection systems; and routine maintenance, grounds keeping activities, road upkeep, and flood controls.5.2.6.d. Site restoration and environmental remediation activities, which shall include the removal and remediation of all ash ponds, embankments, or impoundments, the removal of contaminated soil or groundwater, reclamation to prevent erosion, and the placement of permanent markers to identify buried foundations, pipelines, or conduit.5.2.6.e. A cost estimate for the completion of the decommissioning or deconstruction activities of the Facility, including an itemization of the estimated cost of compliance with each of the individual activities listed in 5.2.6. and an estimated timeline for the completion of each of the activities listed in 5.2.6.5.2.7. Copies of all federal, state, and local safety and environmental inspection reports, findings, violations, and notices for the previous five (5) years.5.2.8. Copies of all currently binding, pending, or unresolved consent orders, orders of compliance, citations, violations, or penalties issued to the Facility by any federal, state, or local governmental entity.5.2.9. Copies of the most current and accurate appraisal of the Facility.5.2.10. A detailed list of the upgrades made to the Facility since its original construction, including, but not limited to, the purpose of the upgrade, the date the upgrade was completed, and the cost of the completed upgrade.5.3. Without prior approval from the Authority, a petition shall not exceed 20 pages, not including attached exhibits listed in section 5.2. of this rule. 5.3.1. Text exceeding the 20 page limit will not be considered.5.3.2. Petitions shall be signed and verified by the Petitioner and third-party evaluator.5.3.3. One paper copy and one electronic PDF version of the Petition shall be filed with the Authority.