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Power siting rules and statutes

Rulemaking update

New OPSB rules in Ohio Administrative Code 4906-1 through 4906-7 became effective on December 11, 2015. The new rules replace the rules in Ohio Administrative Code 4906-1, 4906-5, 4906-7, 4906-9, 4906-11, 4906-13, 4906-15, and 4906-17.

Proposed rules regarding Ohio Administrative Code 4906-4-08 reflecting statutory changes to the setback requirements for applications to construct wind-powered electric generation facilities are pending review by the Joint Committee on Agency Rule Review (JCARR). Until such time as they are reviewed by JCARR and take effect, Ohio Administrative Code 4906-13-04, 4906-13-07, 4906-17-05, and 4906-17-08 shall remain in effect.

OPSB application requirement matrices

Wind power rulemaking

In May 2016, the OPSB initiated a new rulemaking docket in case number 16-1109-GE-BRO for the purpose of issuing for formal comment proposed revisions to Ohio Administrative Code 4906-4-08. 

Going forward, stakeholders and the public will have several opportunities to provide input during the formal rulemaking process.

  1. A rulemaking kickoff workshop is scheduled for 10 a.m. on June 9, 2016 in Room 11-B at 180 E. Broad St., Columbus, Ohio. Interested parties are encouraged to attend and provide comments.
  2. Later, the OPSB will issue proposed draft rules, and then a formal written comment-and-reply comment period among interested parties will begin. At the conclusion of the comment-and-reply comment period, the OPSB will issue final rules to be reviewed by the legislature before taking effect.

New rules by chapter

Applications filed on or after December 11, 2015 are subject to the new rules listed below. Rescinded, pending, and final-filed rules may be viewed on the Register of Ohio website.

Chapter

Chapter Name

Applies to 

4906-1

General Provisions

All cases

4906-2

Procedures in Case before the Board

All cases

4906-3

Certificate Applications Generally

Standard certificate applications

4906-4

Certificate Applications for Electric Generation Facilities 

Pending JCARR review of proposed Ohio Administrative Code 4906-4-08, applicants must also fulfill the requirements of the four existing rules listed below:

Standard certificate applications

4906-5

Certificate Applications for Electric Transmission Facilities and Gas Pipelines

Standard certificate applications

4906-6

Accelerated Certificate Applications

Accelerated certificate applications

4906-7

Enforcement Investigations and Payment of Forfeitures

All cases

Previous rules by chapter

Applications filed prior to December 11, 2015 remain subject to the rules listed below.

Chapter

Rule name

4906-1

General Provisions

4906-5

Certificate Applications

4906-7

Procedure

4906-9

Enforcement Investigations

4906-11

Notification Requirements

4906-13

Applications for Certificates for Electric Generation Facilities

4906-15

Applications for Certificates for Electric, Gas, or Natural Gas Transmission Facilities

4906-17

Application Filing Requirements for Wind-Powered Electric Generating Facilities