Administrative Code

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Virginia Administrative Code
Title 20. Public Utilities And Telecommunications
Agency 5. State Corporation Commission
Chapter 302. Filing Requirements in Support of Applications for Authority to Construct and Operate an Electric Generating Facility

20VAC5-302-10. Applicability and scope.

Any application, except as noted herein, filed by a person planning to construct electric generating facilities and incidental or associated facilities in the Commonwealth of Virginia and who must apply for approval from the State Corporation Commission ("commission"), pursuant to §§ 56-46.1, and 56-580 D of the Code of Virginia must comply with the provisions of this chapter. Applications filed pursuant to this chapter shall set forth (i) the nature of the proposed facility, (ii) the applicant's technical and financial fitness to construct, operate and maintain the proposed facility, (iii) the effects of the facility on the environment and economic development, (iv) the effects of the facility upon reliability of electric service provided by any regulated public utility, and (v) why construction and operation of the proposed facility is not contrary to the public interest.

Construction of electric generating facilities with rated capacities of 5 MW or less may be undertaken without complying with the filing requirements established by this chapter. Persons desiring to construct such facilities shall (i) submit a letter to the Director of the Division of Energy Regulation stating the location, size and fuel type of the facility, and (ii) comply with all other requirements of federal, state and local law.

Where any application filed under these rules, including any supporting documents or prefiled testimony, contains information that the applicant asserts is confidential, the filing may be made under seal in accordance with 5VAC5-20-170 of the commission's Rules of Practice and Procedure, 5VAC5-20. Any such filing shall be simultaneously accompanied by both a motion for a protective order or other confidential treatment, and an additional five copies of a redacted version of the filing to be available for public disclosure. Unredacted filings containing the confidential information shall, however, be immediately available to the commission staff for internal use at the commission.

Statutory Authority

§§ 12.1-13, 56-234.3 and 56-265.2 and 56-580 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE900044, eff. December 17, 1990; amended, Virginia Register Volume 18, Issue 9, eff. December 14, 2001; Volume 25, Issue 10, eff. January 15, 2009.

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