W. Va. Code R. § 53-5-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 53-5-8 - Approval or denial of the Petition
8.1. Prior to the Authority rendering its decision on the Petition, the Chair may request additional information from the Petitioner, any person or entity served a copy of the Notice under section 6.3. of this rule, or any other person or entity the Chair believes may have interest, information, or expertise related to the Petition.
8.1.1. The Chair shall request additional information on the Authority's behalf, including seeking an outside review of information submitted in the Petition.
8.1.2. The Authority's request for additional information will be published on the Authority's website.
8.1.3. The Petitioner is entitled to receive a copy of the additional information requested by the Authority, and the Petitioner may file a written response within thirty (30) days of receipt of the information.
8.1.4. The Authority shall make a decision on the Petition within one year after the submission of the Petition.
8.2. The Authority will approve the Petition if, in the Authority's discretion, based on the facts and circumstances presented in the Petition and the public comments, it would be unreasonable to withhold approval of the proposed decommissioning or deconstruction activities.
8.2.1. The decommissioning or deconstruction activities shall be carried out in compliance with the decommissioning or deconstruction plan submitted to the Authority.
8.3. If the Authority, in its discretion, denies the Petition, the Petitioner is entitled to resubmit the Petition within ninety (90) days to address the problems identified by the Authority without having to provide notice as required by section four of this rule; provided that petitions not resubmitted within ninety (90) days of denial must start the petition process from the beginning.
8.3.1. If the Authority, after considering the facts and circumstances presented in the Petition, denies the Petition, it will explain the reasons for its decision and why approval of decommissioning or deconstruction activities was not unreasonably withheld.

W. Va. Code R. § 53-5-8