Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-11-3 - Owner Responsibilities3.1. An owner of a solar or wind generation facility shall: 3.1.a. Decommission its generation facility according to this rule and pay for all costs associated with decommissioning;3.1.b. Commence decommissioning activities within 90 days after abandonment, unless the owner receives department approval of an alternative written plan for decommissioning;3.1.c. Complete decommissioning within 24 months after abandonment, or according to a reasonable alternative schedule proposed by the owner and approved by the department upon a showing of good cause for the extension.3.1.d. Notify the department in writing within 30 days after abandonment; and3.1e. Notify the department in writing within 30 days after beginning onsite decommissioning activities.3.2. The owner of a facility that commenced commercial operation on or before July 1, 2021 shall submit in writing the following to the department on or before July 1, 2022. The department may, but is not required to, review these initial decommissioning plans and information for completeness:3.2.a. The date that the generation facility commenced commercial operation;3.2.b. A decommissioning plan in accordance with the requirements of these rules, regardless of any bond exemption allowed under these rules;3.2.c. Identification of each landowner; and3.2.d. If the landowner or landowners identified pursuant to 3.2.c. are not governmental entities, whether the landowner or landowners have an ownership interest in the facility and, if so, a detailed description of the interests.3.3. The owner of a facility that commences commercial operation after July 1, 2021 shall submit to the department the information required in 3.2.a. within 12 months after commencing commercial operation. The department may, but is not required to, review these initial submissions for completeness. Within 90 days after receipt, the department shall notify the owner of any deficiencies in the decommissioning plan. Within 90 days after receiving the deficiency notice, the owner shall address all deficiencies and resubmit the decommissioning plan.3.4. Within 12 months after purchasing a facility, the new owner shall confirm compliance with the decommissioning agreement of the prior owner or submit an alternative decommissioning agreement to the department for approval. The purchaser of a controlling interest in a business entity that owns existing facility assets is not a new owner.3.5. The department may, at its discretion, inspect solar or wind generation facilities to ensure compliance with this rule. When inspecting a facility, the department representative shall comply with site safety and general access restrictions while at the facility.3.6. Within one year of commencing commercial operations, or within one year of the effective date of this rule, whichever last occurs, each non-exempt facility shall pay a fee to the Wind and Solar Decommissioning Account of $100 per megawatt of nameplate generation capacity installed, and $50 per megawatt of nameplate generation for each subsequent modification of the facility that is approved by the Public Service Commission.