ML19319C601
| ML19319C601 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 11/04/1974 |
| From: | Lessy R US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Mozer H CH2M HILL, INC. |
| References | |
| NUDOCS 8002191044 | |
| Download: ML19319C601 (17) | |
Text
{{#Wiki_filter:. !!cvader 4,1974 T U I D Wb Mr.11arold M. Mozer, P.E. n Cornell, He41and, Hayes and i'erryfield O ,l p1 D A Business Center l'uilding g i La 77710Cth Avenue, M.E. Bellevue, Washington 98001 Es Re: The Toledo Edison Coc9any and the Cleveland Electric Illuainating Cos.oen/ (Davis-ksse Nuclear Poev.:r 5 cation, Unic i), The Cleveland Electric Illminating Coccany. et al. (Perry l1uclear Pc scr Plant, Units 1 and 2), Docket ligpr-hw.5_53-440A and 50-441 A
Dear Hal:
With regard to your testir.:eny in the caove Matter, we hava reviewed your outline and traasmit i.crsilth scua surmstions and co mnts with respect The ccm.ents am keyed to your outline dated t.ugust 6,1974, thereto. and have been discussed at length wit's dicy Guy. Also included at the end of this lette.>r Tre certain additional cormnts related to your proposed testitocy v_ij-3 tis Prenaarir.3 Conference Order
- 2, a copy of which iias, I believe, alrency baen tranenttted to you.
(1) With respect tn Sectinn A of your outline, the orcsontation cf your background and qualifications, I have revic;ed the testin:cny preparedI by you on behalf of tha Departent of dastice ir, the i:cke Power matter. am transmitting heresith so.w. suggsted chenues in the crcsentation of this data in the form of a re-draft M pagas 1-6 of tac prepared testimony. (2) With respect to Section B of your outline, " assignment for AEC," at our reeting in Rockville it was suggested that specific portions of your contract with the AEC be quoted. ' (3) Hith respect to Section D of your outline, "Cverviw of Power Sunply P.elationshias, Sub-paragraph 1 thereof, the qaneral utility situaticn", it is suggasted that this early section include tqe description of rosrn tech-nological advances in the electric utility industry whic'i are availa ,V HELP), Section G of your outline can still be used as a concluding surrcar9. F' ' 'Your description migat include the folloting: g.'- (1) EssJntial dafintt' cns .,l.. {i_1) Opportunities _for eccnomies.of s cal e -......_... G89 Ce, le s t ee,.e ,,0., s e form AEC.Jia t an. 9 5)) AECM UJ40 80021g3 g
D M vLI . n g-oh ~ k l 3 _a (iii) Benefits of coordin'tien including descrhftso services typicaliv p=rfomed to carain r.aximum cost efficiencies (reserve sisaring, eccncrr/ energy excnance. diversity capact ty excianges, central economic dispaten, unit power sales, etc) (4) With respect to Paragraph 0(1)(b), the gencral utility situation it is suggested that you also include a dascrintien of the need by utilitics for HV or EHV transmission lincs in order to cffectively coordinate. (5) Under E "The Pertinent Utilitics" it was suggested that the description include the City of Painesville. (6) With rasocct to E(3)(a)(v) I an including for your infor atien a copy of Chanter 4906 of the Ohio Revised Code, "Povar Citing." Ho<ever, 1 $ 2, construction.uas you should be advised that uith respect to Perry (Octcher 23,1974) so that started prier to the applicable datt of the f.ct the provisions of the Act will nct apply to those units. (7) With resncct to E(3)(b), ' pooling and enordination", I suqaest that you testi fy to the reserve sharinq and ccordiqatica benefits derived by the Applicants individually cs rm.i.>rs of the CAPC0 rool and as a rnuit of their other interrelationship.; including shose contained bilateral agreements ar.iongst pool mnbers and with othcrs. (8) In E(3)(b)(ii), "noed '6ar coorcif nation", I su19est that your point out the ranifications of f.aclic.mts' control of HV transmission in-cluding access, self-help, etc., with the suggested conclusion.that it would not be economically feasible for isolated systems (such as FELP) to construct their own additional trar.snission. Ucst scortantly, a finding should also be made that it is both desirtbic and technically feasible for the inter-venor to share the use of liv trammissica lines' as an alternative to construction. (9) With respect to F(3) the power supply option, na discussed at the meeting various ways to strengthen the language wherein it was concluded that the nuclear unit is the best ention available for these anolicants at the time of the decision to build. You will recall that Cill Hughes suggested - a conclusion that the nuclear opti.'n is available and unique, making it a preferred choice, dix / Guy will be sending you pertinent extracts fren Applicants' environnental report filed with the AEC which are pertinent to this issue. (10) With respect to F(3)(c), the problems of small utilities in participating in large nuclear po.ver plant, it suggested that the point be j made that only largo systens such as CfPCO can justify the installatinn of a larne nucinar unit fcr a nurNr of recns iacludirm (i) a nuclear niant
- "dtMt, and-{idl-a-l arge-utility wui ras -a ic@j scp.n s u cue 1 sys tei.n couip-requires a iniqa de lrac of orecim concrol an. r-reserves-t r perforn uit
.a .... M gac r standard _of reliaoility, (iii.)._ small. i'solated syste s cannot dist ose ons e. . -... ~.. Fore AEC.)ts (Rev. y.))p AECM 0240 oeo cu se e ae,.s ,s e-s ee
D*O' O co - a cg- .]L _a ,v. L of excess capacity, etc. (11) It is alho suggasted that a nei subsection be nrovided in your testimony aftar F(2) ' Impact on noclig and coordination' and oefora f(3) Impact on pcuer sinnly options n deal in part with 5.wE consiccrations. TMs new subsection F3, could be tem ><i S'. "[Imxct] Ca C.~OC0 System. It this were adoptad peoling uoald :m Leccm F(3). Your contrioution with respect to tne NEXUS positicn could be as follous: You could testify and nrrparc enginrcrir.3 data for inclu-icn into the mcord where ancropriata t:iat the Perry Units uculd bacope an integral p:srt of CF.I's (and CA?C0's) buli noaer svs teil ne.twor'<, in that its design, scale, location, and econonic jeftificatien are clcsely d?- pendent upon the rest of tin r.etacrk ...d in turn anances the econci.dc ad-vantage of the system. lhis Ocction could also mpeat tha advantage of nuclear units over other tyncs in order to der.nnstrate that a situatjen inconsistent uita the antitrust la.is.;ould be enhcaced if license conditions were not ic. posed. In so doing you ::;cy consider the folicwing: (a) That the size of t'le Ferry Units conf?rs cconeny of scalo that will be used as bcsc-load ;'o-nr for auch of CEI's and other pool rmi'ars entire syscems end t':at Perr/ Unit; could not perform as a Lase-load unit uitaout other generatiag equipmnt to fill in the rcnainder of the lcad ceuve. (b) That as base-load units Ferry 1 S 2 will be dependent upcn other CEI and CAPC9 nobl generating equiptent for maintenance scheduling and backup requiremnts. (u) That CEI's (and other Mplicants) nidi voltage ana hich capacity interchanges will he necessarf to trac. sport the output of the unit. (d) That Perry 1 & 2 will fom part of an entir.um dispatching pattern involving the entire system and econeny intercnange with neighbcring sys tuts. (c) That in terms of bulk power suroly, a statemnt on the effect of the units on Applicants' ability to sell bulk pcuer would be ablpful, t (f) That is clear that nuclcar power is coing to be a prirm/ source of base-icad supply cad be a.s i:,tegral part of t.m CRCO pool. Tact in lig'it of tne future plans in the ama t'1at nuclear power will becoma a major if not decinant source of po.for supply in t% future for this area available under the present situation only to CAPC0 pool mmbers and CEI. (g) That for access to nuclear ac.mr to be venninqful, these mi & a m am.m. m.w p oi m. .46 re.u it r.. v r.2 3.m u.3,....;,, .,ta. ' V transuissit.ni and uigling Parti cuhrly uith resnact.to wheelinaj 4 the cotity should i e aule t6 (1) purc'1ase pow.: r to susplecc it its nucleap o95 m._.. fo.in AEC.)la (Rev. 943) AECM 0240 e*o ces se e e.e s. e sa o.a e.
D k 17 o 4 O%~9~T A oE 3 baca-load and (ii) uncel out any axcess pa..er, includim; nuclear pcuer it has. (12) With resnect to Section C of :/uur draft, plannin: and onarctions pr tices, it is sug:pstod th.1t 3 nc..' Soc. tion f: 2 bc included describing .e manner in which t*to intarw:nor will in <hsadvantagM*if it is (i) camied access to tne Perry Units 1 !. 2, (ii) refused coordination on an equitable basis, and (iii) not alle:cd tn ir:e CEI's transmission lines. In this discussion you may wish to includa all or nart of the follcuir.g: (i) Interveacr would have to centinea doino btaincss en cn efficicicnt and unoconomical basis without imruvc:acnt in the reliabi'ity of its systen. (ii) It would not have the opportunity to nurchase pt..!er from cheanar scurCOs. (iii) It night not be supplied sufficient coser to compete with other utilities such as CEI for either neu or existing castenars. (13) Since third party unt-eling and uheeling in naneral is going tn be an issue here, your disc'.ccion under f I (Ir;act of niants on transmissica systen) should inclu'.k an analy?is of wier transfer cap.%ilities, cad transion: stability li:::tattens on the existing (and planned) triensmic; ion systeas of the f.pplic.mts. In addition, you hava, I believe, a copy of Prc. hearing Conferenca Order #2, issued by the Soard on July 25, 1974. Pages 10-13 of that Order contain in part eleven natters in controversy under bror.d 6ssues A tind B of the case. Staff's theory of the case cc.nts.mulates tnat your testininy cover the follo. sing catters in controversy Unica ought to be incorporated in appropriate places in your tastinony. Our suousticns as to tna place of such incorporation are set forth bele.i in chart forn.
D* M o v 1l ] Sugnested Sectica(s) flunbch of '1atters In Controversy Topic _of :-:czer Outline 4 iQcther,',00licants C(2)' have aisility in CCCT E(3)(a)(vi) to hinder or preclud?
- ometitien in trans-nission of Oulk power.
5 Whether Applicants E(3)(a)(vi)(2) can oreclutb otiser electric entities in CCCT from o.:taining bulk po;er outside of CCCT. Ga-Sc Whether Ar.plicants 0(2) exercise ai,ility to provant ot.ir:r cntities frce acnieving: (a) coordiint2d encrations; ' b) econocy of size; c) other c::iefits. 9a-9c Whether Applicants O(2) have exercir, J control as specified in 6. 10 mether Applicants Incorporate into a deprive other entities specific Q af!0 A of the ben 0 fits of nuclear pcuer. i j) r;EXUS We will discuss with you 4 I
- ~ =
- J a.n *-
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g. Please advise of any questions or pro'le::s. a Sincerely, r,oy P. Lessy Counsel for t.EC Regulatory Staff DISTRIBUTION: Docketing and Service Section ( REG Central Files LPDR ASLAB ASLBP ABraitman (2) JRutberg (3) RLessy OGC Reading File OGC Gmtn File OGC A/T Formal Files (2) on' D j ou-m . 9. 3 _. S _, I .J o l 0,,GSI/ ._ 0G ."==* RLess,y\\ vt l.1.. JRuth s u= -= > 11/../74. 11/9 /74.. .an
- Feen AP.C.)la (Rev,9 9)) AECM 02 to oeo ces se e s.e s. e e so.a s4
TESTIMONY OF HAROLD M. M0ZER Q. Please state your name an'd your residence and business addresses. A. Harold M. Mozer. My residence is at 4247 - 135 Place S.E~., Bellevue, Washington; my office is at 777 - 106 Avenue N.E., Bellevue, Washington. Q. What is your occupation? A. I an Manager of the Power Department in the Northwest Regional Office of the finn of CH2M HILL. Q. Please describe to us the principal activities of CH2M HILL. A. Q. Does your firm have offices other than its Seattle Washington Office? A. Yes, we have offices in Corvallis and Portland, Oregon; Juneau and Anchorage, Alaska; San Francisco, Redding, and Sacramento, California; Denver, Colorado; Boise, Idaho; and Reston, Virginia. Q. What is your professional specialty? A. I am an electrical engineer. Q. Have you been licensed to practice engineering by any of the States? A. Yes, I am a registered professional engineer in the states of Washingten, Oregon, Idaho, California, and Nebraska, and in the province of Alberta, Canada. Q. What is your educational background? A. I was graduated from the University of Nebraska in 1948 with the degree of Bachelor of Science in Electrical Engineering. The electrical erigineering course at the University of Nebraska at that time was divided into power and electronics options, and my work was in the power option.
Q. Have you had any additional formal education? A. Subsequent to my degree, I have taken additional courses in computer , applications and in advanced modern physics. I have also actively studied trade' literature, attended technical seminars, and practiced engineering. Q. Are you a member of any professional societies? If so, what are they? A. Yes. I am a Senior Member of the Institute of Electrical and Electronics Engineers, known as IEEE. I currently serve as Secretary of the Seattle Section of IEEE. I am also a member of the Power Engineering Society of IEEE, the National Society of Professional Engineers, and the Washington Society of Professional Engineers. Q. Please outline the significant work experience you have had. A. Upon graduating from the University of Nebraska, I went to work as an electrical engineer for the U.S. Department of Interior, Bonneville Pmver Administration. My first assignment at Bonneville was as an assistant office engineer in the line construction section. Subsequently, I was assigned to the staff of the Chief of the Branch of Design and Construction and then to the staff of the ' chief engineer, where I re-mained during most of my time at Bonneville. On the chief engineer's staff, my responsibilities included planning and scheduling major trans-mission substation and supporting facilities, preparation of project budgets, preparation of justifications for transmission and related projects, and some special technical assignments. I left Bonneville in 1.95.5 to join the consulting finn of H. Zinder & Associates. In September of 1968, the Seattle office of H. Zinder & Associates became a part of 6
CH2M HILL. Most of my work at H. Zinder & Associates was carried into CH2M HILL, where my responsibilities have subsequently expanded. ks mentioned previously, I am manager of the Power Department of the Northwest Regional Office. Q. Please discuss some of the principal projects involving bulk power supply planning in which you have participated. A. Virtually all of my work at Benneville Pcwer Administration was related to the planning and construction of the Bonneville Power Ad-minist' ation high-voltage transmission grid in the Pacific Northwest. As a private consultant, my assignments have encompassed virtually all aspects of the electric power field from small electric distribution system planning to work on major generating stations and transmission systems. Starting in 1955 and continuing for several years, I was involved in the engineering and economic feasibility studies to implement the development or the Priest Rapids and Hanapum hydroelectric projects by Grant County Public Utility District in the state of Washington. My specific assignments with respect to those projects included - (i) planning the coordination of these projects'into the Pacific Northwest transmission grid and (ii) planning the coordinated operation of the projects with the other generating facilities in the region. From the time the projects were constructed and in operation,, I have served for the owners as consultant on operations and maintenance problems. Additionally, I prepared and analyzed transmission system studies which were a par't of a power supply plan for the eastern two-thirds of the state of Nebraska. Later I was the project engineer for j
J'" the design and construction of a 230/ll5-kv substation that was constructed as a result of that power supply plan. Also, I performed transmission studies, prepared cost estimates, and participated in several aspects of a major study of a 500-kv interconnection between the Pacific Northwest and Pacific Southwest electric systens. In a study of a proposed coal-fired steam-electric plant. for the Pacific Northwest, I performed studies 'to determine tVe best way of operating this plant in coordination with the hydroelectric systens of the Pacific Northwest. Further, I am a consultant to the Public Power Council, a planning organization of publicly and cooperatively owned electric utilities in the Pacific Northwest. In this work, I have consulted on planning, powerplant cost analysis, and preparation of complex contracts among several utilities involving power sales, energy and capacity exchanges, and transmission involving hydroelectric, coal-fired steam and nuclear pcwerplants. I am currently consulting on the power operation and power marketing aspects of studies of two hydroelectric projects in the state of Nebraska, and a hydroelectric project in the state of Washington. In January of 1974, I completed a study on the future pover supply for the municipal system in Lethbridge, Alberta. Q. Have,you published any papers in the field of bulk power supply? A. Yes. In 1971 I co-authored with cy colleague, Solomon Schultz, a paper " Pumped Storage-Cooling Water in the Moses Coulee" describing research we had done on the concept of a large pmver park in the state of ' Washington involving oumped storage hydroelectric capacity and thermal electric plants. I presented this paper at the International 6 m
,~ Conference on Pumped Storage and Its Environmental Effects in Milwaukee, Wisconsin, on 20 September 1971. ' On May 16,1973, my ~ colleague, Dr. Herschel F. Jones, and I co-authored and jointly presented a paper " Alternative Power Sources of the, Future" to the annual conference of the American Public Power Association in New Orleans. Q. Have you had previous experience as an expert witness in administrative and judicial proceedings? A. Yes, both in the State of Washington and for the U.S. Department of Jus ti ce. In the State of Washington I have testified as an exp,ert witness in several matters involving personal and property damage relating to electric utility operations. I have prepared testimony for the U.S. Department of Justice for use in antitrust proceedings be-fore the Atomic Eparav Commission in the matter of Duke Power Company, Oconee and McGui ciear Stations, AEC Docket Nos. 50-269A, 50-270A, 50-287A, 50-369A and 50-370A. Q. Would you summarize the basis for your knowledge of the coordinated operation and planning of electric utility systems? A. My most specific knowledge is of the operations of the coordinated systens in the Pacific Northwest. I have already described some of the specific assignments I've had with respect to planning of power facilities and transmission in this crea. My work as a consultant to the Public Power Council is the principal way in which I remain currently involved in the planning and operations of this very large power system. s 1 e .r-s
l t Of course, it is important to my professional knowledge that I keep generally familiar through the technical literature of power systtens, planning, and operating concerns on a national and, to l a limited extent, an international basis. l Q. Were you retained by the Atomic Energy Comission to prepare a i report and to testify in thic proceeding? A. Yes. On the Atomic Energy Comission Contract No. With CH2M HILL became effective. The contract provides l l In this contract, I was named as project director responsible f.or \\ I the technical direction of the contract by CH2M HILL. l l l l l l I l l l 9 ,,mm -s- --,n.
n 88 0 4003.01 01110 REVISED CODE tion readily available to the publie, to each or regulatiens. A artificate is required for any newspaper of daily or weekly circulation within substantial adon.on to a facility aircady in ihe area aficcted by the proposed site, and to operation. " Substantial addition" shall be defiried other interested federal, state, and local agencies; by the power siting comminion. (C) Rcquire such information from persons Any cicetric generatlg plant and associated subject to its jurisdiction as it considers neces. facthti. s, electric transminion line and associated. sary to assist in the conduct of hearines and any facilitics. or gis or natural 1:as transmission line investigations or studies it may undertake; and associated facdities which is not a major (D) Conduct any studies or investigations utility faer!ity is not exempt from stato or local which it considers necessary or appropriate to lawr or regulations. carry out its responsibilities under this chapter; HISTottY: 1st e 5597. F.ft to.:s42. (E) Adopt rules establishing criteria for evalu. ating the e!Icets on environmental values of g 33.03 Procedures for app!! cation for proposed and alternative sites, and projected a certi:!eate; notice requirements. needs for electric power, and such other rules (A) An app!! cant for a certificate shall filo as are necessary and convenient to implcment with the power sitiM commission an ar p!! cation, Chapter 1000. of the 11evi-d Code, inclucmg in such form as the commivion prescribes, con. reasonab!e application fees; tainhic the following information: (F) Approve or disapprove applications for (1) A escription of the location and of the ~ certiCeates, major utility facility t0 he l'uilt thereon; insroavi is4 e s m. u to.:s42. (2) A summary of any siudies which have been made by or for the applicant cf the environmental I 84003.04 Construction of major utility impact of the facility: uJdawful without a certdcate. (3) A statement crplaining the need for the No person shall commence to constntet a facdity; major utility facility in this state without first (4) A statement of the r Mons why the pro-having obtained a certificate for the facility. The posed loca* ion is best sui!cd for the facility; replacement of an existing facificy with a like (5) A statement of how the facility Gts into [ l facility, as determined by Go power siting com. the applicant's forecest contained in the report mission, shall not constitute construction of a submitted under section 4900.15 of the Revised major utility facility. Such replacement of a like Code: facility is not exempt from any other require. (0) Such other informatico as the applicant l ments cf state er local laws or regulations. Any may consider relevant er as the commission may facility, with respect to which such a certificate by re;;ulation er crder require. Lpies of the is required, shall thereafter be constructed, cper. studies referred to in divhion (A) (2) cf thir sec. ated, and maintained in conformity with such tion shall be died with the commission, if order. certificate and eny terms, cenditions, and modifi. ed. and shall bs' availahic for public inspection. i cations contained therein. A certificate may only The application shall be filed not less than i be issued pursuant to Chapter 4000. of the Re. two years, except one year in the case of trans. used Code. mission lines, nor more than five vears prior to A certificate may be transferred, subiect to the planned date of commencemen't of coastrue-l the approval of the commission, to a person who tion. Such period may be ve:ived by the cmmis. i agrees to comply with the te ms, coeditions, and sion for unforeseen emergencies. l modifications contained therein. (D) Each application shall be accomeanied by iluToim is4, s m. u so.:s s2. proof of service cf a enpy ci such application on the chief executive oiticer of each municipal 6 4Cr00.05 Exemptions from certi!!cate re-corporation and county and the head of each 6 quirement. public agency, char;'ed with the duty of protect. No certificate is required for a major utility ing the en"ironment or of p!v:.ning land use, in facility on which construction had already com. the area in which any pcit:on cd such facility is reenced on the cifective date of this act or to be located. within two years thereafter. This section does (C) Each applicant shall within seven days of not exempt such a facility from any other re. the E!!ng of the appliation gice public notice to quirements of. state and local laws and regu. persons residing in the muni:.ip.1 corporation lations. and countics entitled to recebs notice under No certifieste is required for any major util. division (B) cf this section. b:. de publication of ity facility already in operation on the effect. a summary of the applientn ;a naw5 papers of f ttve date of this act, and the facility shall not general circulation in sneh aree. Proof of such he esempt from any applicable state or locallaws publication shall be filed wi:h the commission. I 1 D D oo- - m m v m1.. m O U l f l ~ w a
U11Al'T191C 4'.luut 1* u iv i:,sc si t uw poses, or uses in securicq geological rlata, in-3"tha cluding necc:;sary borings to ascertain foundation O isos.oi ocaniiloem. 4906 U2 Creation of power siung eummission; membershsp, g osganiaation and secretarr. (D) " Certificate. means a certificate of en-4mos rome,s sad dunes. vironmerit.al evinpatibility and public necd is-4996.04 Construction of major utility unlawful without a sutyl by (lic power sitinft CCmmission. C'"if** 8. 4906.05 Encu.p6.ms fsona cernraute revenirement. g 1906.06 ISuceduen fut applius,on fur a certshore; seve,ce reepairements. 4 M 07 sc.heduling i.f lacasine on as.piicstion: inve=dgation 4MEM Crealim d per sitM m-mission; mem*ocrship, tirr.anir.ation, and secretary. 4Mos rarcUes To'c'erIr.<Ii a pNee'd7n'7'i0Imony ter (A) There is hereby created the power siting j parties an1 other persons. 4 M 09 Recond of p oceedings; cornmission rules govera commission, composed of the chairman of the i public utilitics commi sion, the directer of en-490s.lo cvEiY$r cranting or demine cerinccate: virernerital pmtection, the director of health, fuaiw mua compar with air. ater, and send the director of development, and a member of the wate requirements: fatility subject to enforce. O ment and monituting pomers of darector of ca. public who shall be an Cngineer appoinled by the governor with the advice and consent cf the NfE*n$2It isiSinton. !cna'.0,10 serve l't the p!0as'!re of the gettm07. (nu co e M i2 rower t:t.ng c.,ivatin a DS,w ;roceduc og The public mcQber shall TeCeive as compensa. public usuiucs comminion. 4906.13 Exclusion frotn state or local juttsdiction. tion Gye thousand dollars per year pi ts expenses 4900,14 Joint proceedines with state or federal agencies. neces!arily incurred in the performat.ce of his 4906.Is TeMest forecast of f acility demands required. duties. The director of environmental protee. 490G.98 rrotubitions. tion shall be chairman of the power sitin; ccm-49ec.99 renatir. mission. All hearings, studies, and con:ideration I 'PP '*" "5 I"' " 'lIO '"' 'h*II h* ' "I"C'#d U a 400G,01 DeEnities. by the power siting commission or representa-As used in Chapter 4000. of the Revised Code: tives of its members. 'lhe commission may not (A) "Persnn means an individual, corpor2-make any approval without the censent of at g tion, business trust, associatian, cstate, trust, or least three members of the commission. partnership or any otucer, board, comm snoit. (P;) The commission shall appoint a sacretary. dcpar+ ment, division, or bureau of the state or who shall be in the unclassifled civd service and a political subdivtsion of the state, or any other shall scave at the p!asure of the ectrmirsion. fntity. The secre.tary shall keep a complete record ci dl (B) " Major utility facility,, means: proceedings of the commissien, issue all ncces-(1) Electrie generating plant and assceiated sary process, writs, warrants, and notices, keep dl facilities designed for, er capable cf. cperatson books, maps, documents, and papers crdered at a capacity of Efty ciegawatts or more; filed by the commis'; ion, conduct inve>tintions (2) An electric transmission line and asso-pursuant to section 4900.07 of the Revised Code, cisted facilities of a desip capacity of one hun-and perform such other dulics as the commission dred twenty.Gye xi!ovoits or more; may prescribe. (3) A gas or natural gas transmission line and ussTortti 134, s s97. r.s 102s s2. associated facilitics desigoed for, or capable of, transporting gas or tastural gas at pressures in S 400G.03 Pow"rs and duties. O excess of one hundred twenty-five pounds per The power siting commirsion shalb i square inch. (A) Review and comment on the reports fl!ed " Major utdi*y facility
- does not include elec.
tric, gas, natural gas distributing lines md gas under syction 4900.13 of the Revised Code, t.nd make the information contained therein readdv or natural gas gathering lines and awociated availabic to the public and interested govern-facilities as deEned by the power siting commis. sion, nor gas or natural gas transmission lines mental agencies; (B) Compde and publish each year the ganeral J over which an agency of the United States has locations of the proposed power plant sit:s and exclusive jurisdiction. general locations of transmission line routes with-(C) " Commence to construct
- means viy c! car.
ing of land, excavation, or other action that would in its jurisdiction as identined in the repnrts Gl:d adversely affect the natural environment of the under section 4006.15 of the Revised Code, site or route of a major utility facility, but does identifying the general !ccation of such sites and not include surveying changes needed for tem-the approximate year when construction is ex-Porary use of sites or routes for nonutuity pur-peeted to commence, and to make such informa-87 9 D! me2D I / , r n[Uf A U l f b L J
m l 6 400S 10, 89 POWER SITING (D) Inadvertent failure of service on, or no. (2) Each person entit!cd to receive service of O tiee to, any of the persons identified in divisions a copy of the app!feation under division (B) (B), and (C) of this section may be cured pur-of section 4000.00 of the Revised Cede, if it j suant to orders of the commission desiened to has Gled with the pnwer siting commission a t afford them adequate notice to enab!c their ef. notice of intervention as a party, within thirty fcctive participation in the proceedime. In addi-days after the date it was served with a copy tion, the commission may, after filing require of the application; the applicant to serve notice of the application (3) Any person residing in a munie! pal cor-or copics thereof or both upon sueli other per-poration or cotmty entitied to receive service of sons, and file proof thereof, as the commission a copy of the application under division (B) of considers appropriate. scetion 4000.00 of the Revised Code; and any (E) An application for ari amendment of a other person, if such a person has petitioned the i certiGeste shall be in such form end contain enrr. mission for laav: to intervene as a party such information as the commission prescribes. within thirty dr.ys after the date of publication Notice of such an spniteation shall he given as of the notiec required by divisien (C) of see:icn reqttired in divisions (II) and (C) of this section. 4000.00 of the Revised Code, and if such peti-a msTonn iss, s m. u 15:s.72. tion has been granted by the commission for good cause shown. (B) The commission may, in extraordiaary cir-94000,07 Scheduling of hearing on ap-cumstances for good cause shown, grant a peti. pliendon; investigation and report by secretary of tion for leave to intervene as a party to partici-commissi n. pate in subsequent phases of the proceeding. (A) Upon the receipt of an application com-filed by a person identified in division (A) (2) plying with scetion 4000.00 of the Revised Code, or (A) (3) of this section, but who failed to file the power siting commission shall promptly fin a timely notice of intervention or petition fer a date for a publ!c hearing thereon, not less leave to intervene, as the case may be. than sixty nor more than ninety days after such (C) The cornmission shall accept written cr receipt, and shall conclude the proceeding as oral testimony from any person at the public expeditiously as practicab!e. hearing, but the right to call and examine wit-(13) On an dpplication for an amendment of nezes shall be reserved for parties. Ifowever, a certiReate, the commi<sion shall hold a hear-the commission may adopt ruk.s to exchide ing in the same manner as a hearing is held on rep::itive, immaterial, or irrelevant testimony. an application for a certificate if the proposed utsToav: ss, s m. u 14:a.12. t i change in the facility would result in any material . increase in any environmental impact of the .a d. OOG.00 Hecord of proceedings; com-facility or a substantial change m the Incation num a rula gom pmecedings. j of all or a portion of such facility other than as A record shall be made of the hearing and of provided in the alternates set forth in the r.pplica-all testimony tahen. Rules of evidence, as speci-
- tion, Ed by the p<mer siting commission, shall arpIY i
(C) The secretary of the power siting com-mission sha!! investicate each appliention filed to de proceedin::. The commnsion may provice for the consolidation of the representation of i with the commiss:cn and shall, not less than Gfteen days prior to the date any application is parties having similar interests, utsT nn su, ssA u 14s342. set for hearing submit a written report to the commission and to the applicant. A copy of such report shall be made available to any person S.j0 0 Guidelines for granting or upon request. Such report shall set forth the denyme certihcate; facility must comply with nature of the investigation, and shall contain air, water, and solid waste requirements; facility recommended Endings with regard to division subject to enforcement and monitoring powers (A) of section 4000.10 of the Revised Code and f director a environruental protection. shall become part of the record and served upon all parties to the proceeding. (A) The power siting commission shall render i a decision upon the record either grantw: cr utsTonn 2s4, s ss7. u 14:3 72, denying the application as filed, or granting it upon such terms, conditions, or modifications of f 4006.0S Parties to certifiestion pro-the construction, operation, or maintenance of coeding; testimony by parties and other persons. the major utility facility as the commission con-O (A) The parties to a certi!Ication proceeding siders appropriata. The certificate shall be con-sha l include: ditioned upon the facdity being in compliance l (1) The applicant; with stand.g ah3 rq ns adopted under GoA ~ 6 UiJ W _ MrdLa
m $ 4006.11 OII!O REVISED CODE 90 t Chapters 3701.,3734., and 0111. of the Revised sons iesiding therein, affected by the modifiestion, t Code. The period of initial operation, under a shall have been given reasonable notice there-certiScate, shall expire two years after the date of. on width c!cclric power is first generated by the (C) A copy of the decision and any opinion facility. During the period of initid operation the issued thesewith shall be served upon cach party. facility shall be subint to the enfmerment and ausront 154, ssn. ur nou 2. monitoring poivers of the director of environ. mental protection under Chapkrs 3701., 3734., and 0111. of the Revised Code and to the Q 400G.11 Commissinn shafl issuc oph. ion. cmergency provisions thercumk r. If a major In rendcrinr: a decision on an application for utility facility constructed in accord mcc with the a ce/pdicate, the commission sh.dl issue an opin. tenns and conditions of its critilicate is unable ion stating its reasons for the action talen. to operate in compliancc with all applicable re. sustoay: ist, s sn. ur nu.n. quirements of stato laws, regulations, and stan-dards pertaining to air pollnuon, such facility may apply to the director of environmental pro-5 400G.M Power sithig commission to tection for a conditional operating permit under follew procetium of public utilitics commi sion. division (C) of section 3708.03 of the Revised Sections 4903.02 to 4903.lG an.' sections Code and the regulations adopted thereunder. 490120 to 4003.23 of the Ikvised Code shall The operation of a maior utility facility in com-apply to any proceeding or order of the power pliance with such a conditional operatine penmt siting coraminion under Chapter 4000. of the is not in violation of its cestificate. After the Pevi<cd Cor'e, in the same inanner as if the com-expiration of the period of initial operation of mission were the publie udhties commission un. a major utility facility, sneh facility shall be der such sections, under the junsdiction of the environmental pro-susTony: 1st, s sn. ur stu.n. teetion agency, and shall comply with all laws, l regulations, and standards pertaining to air polhi-tion, water pollution, and solid wasic disposah N f CCC.13 lhchuion from state or local \\i The commissinn shall not grant a certiacate jurisdiction, ii for the turntruction, operation, and maintenance No public agency or political subdivision of ,/l of a major utility facility, either as proposed or this state snay rcrluire any approval, con:.cnt, as modified by the commission, unicss it finds permit, ctrtifkate, or other condition for the con-and determines: struction or initial operation of a maior utihty j (1) The basis of the need for the facility; facility auth nized by a c.rtificate issued pur-(2) The nature of the probable environmental suant to Chapter 4906. of the Revised Code, impact; Nothing herein shall prevent the application of (3) That the facility represents the minimum state laws f r the protection of employees en-adverse environmental imoset, considering the gaged in the construction of such facility nor of state of availabic technolody and the nature and municipal re:.ulations that do not pertain to the economics of the wrious alternatives, and other location or design of, or pollution control and pcrtinent considerations; abatement standards for, a major utility faedity (4) In case of an electric transmission line, for which a certi!Icate has been granted under i that such facility is consistent with regicnal plans this chapter. for expansion of the c!cctric power grid of the tusTonr: 134 e ssn. u i m s. g c!ectric systems serving this state and intercon-nceted utility systems; and that such facilities 4 COG,14 Jofnt proceedings with state will serve the interests of electric system eco-or federal agencies. nomy and reliability; The power siting commissina, in the discharge (5) That the facility will comply with Chapters of its dutics under Chapter eiUOG. of the Revised 3701., 3731., and 0111. of the lievised Codo Code, may m tke joint investimtions, hold joint and all regulations and standards adopted thesc-hearingt witlan or without the state, and issue under; joint or concurrent orders in conjunction or con-(0) That the facility will serve the public in-currence with any clIicial or agency of any state terest, convenience, and necessity, or of the United States, whether in the liolding (B) If the commission determines that the of such investications or hearings, or in the mak. location of all or a part of the proposed facility inq of such ordcts, the commusion is func-j should be modified, it may condition its certiil-tioning undct agreements or compacts between 3 cate upon such modification, provided that the states or under the etmcuncat power of states municipal corporations and counties, and per-to regulate interstate commerce, or as an agency o n' D DJ aol mm-rn-r- u-O C
o m 91 POWER SITING 64006.00 i I I of the United States, or otherwise. The comma-and furmshed upon request to municipal corp-O sion, in the discharge of its duties under Chapter cratiuns :.nd p vernen, ntal agencies charged with 4000. of the Itevised Code, may nerotnte awl the duty ot' protectim the enviromnent or of enter into agreements or compacts with ac.tocies planning land use. The report shall be in ruch of other states, ptusuant to any consi vit of (un-f&m and sh.dl watain such information as may gress, for cooperative etinrts in certi:a ador, the he pre.cohed by the commission. construction, operation, and m tinten.:nte of Ill> Tony: 1st, s s97. Elf 142372. major utility facilities its accord with the 1.urposes Of such sections and Int the enforectr.' nt of the f 400G 03 Prohibitions. j respective state laws regarding such factinics. No person sh.dl willfully cotntruct a maier litsTORY: 134, s s37. 1.s 1423 72. utility facshly without f:rst obtaining a certificate. No per:en shall s.ill! ally constmet, operate, or maint.dn a major utdity facility other tjun 13 e 9 400S.15 Ten-year forecast of facilit7 complamee with the certificate he h.as obtained. demands tequired. ins rmat m, s s>7. m im .' mtjor Each per:cn owning or operatin<' utility facility within this state shall.mnnally Penalty. HC 1 t' mom. I furnish a repost. to the power siting evauni.uion l for its review containing a ten.vear tercevt.f loads, resources, and prospective sites. The re-S 4003.0D Penalty- ) Whoever violates scetion 4006.0S.of the Re-port shall describe the major utility faediues which, in the judgment of such perso v.di be vised Code shall be fined not Icss than one thousand do! hrs nnt more than ten thouund required to supply sptem demands du:ine the do!!ars for each day of violation, or impriso=e3 forecast period. The forecast shsil cover thu to - year period next succceding the date of such for w,t mvre than ene year, or both. report, and shall be made available to the public trasTonu m .s s97. r.a st2s.72. I i O ]D D S o JU m _-) I ) D l
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