State Affairs and Government

Energy Facility Siting Act

SECTION 42-98-8

§ 42-98-8. Applications – Contents – Acceptance for filing.

(a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall prescribe the form and contents of applications under this chapter. The applications shall contain at least the following, where applicable:

(1) Identification of the proposed owner(s) of the facility, including identification of all affiliates of the proposed owners, as the term is defined in § 39-3-27.

(2) Detailed description of the proposed facility, including its function and operating characteristics, and complete plans as to all structures, including underground construction and transmission facilities, underground or aerial, associated with the proposed facility.

The complete plans shall be the basis for determining jurisdiction under the energy facility siting act and shall be the plans submitted to all agencies whose permit is required under the law.

(3) A detailed description and analysis of the impact of the proposed facility on its physical and social environment together with a detailed description of all environmental characteristics of the proposed site, and a summary of all studies prepared and relied upon in connection therewith.

Where applicable these descriptions and analysis shall include a review of current independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall provide data assessing potential health risks associated with EMF exposure. For the purposes of this chapter "prudent avoidance" shall refer to measures to be implemented in order to protect the public from EMF exposure.

(4) All studies and forecasts, complete with the information, data, methodology, and assumptions on which they are based, on which the applicant intends to rely in showing the need for the proposed facility under the statewide master construction plan submitted annually.

(5) Complete detail as to the estimated construction cost of the proposed facility, the projected maintenance and operation costs, estimated costs to the community such as safety and public health issues, storm damage and power outages, estimated costs to businesses and homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed facility, and expected methods of financing the facility.

(6) A complete life-cycle management plan for the proposed facility, including measures for protecting the public health and safety and the environment during the facility's operations, including plans for the handling and disposal of wastes from the facility, and plans for the decommissioning of the facility at the end of its useful life.

(7) A study of alternatives to the proposed facility, including alternatives as to energy sources, methods of energy production, and sites for the facility, together with reasons for the applicant's rejection of these alternatives. The study shall include estimates of facility cost and unit energy costs of alternatives considered.

(b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall notify the applicant whether the application is in the form and addresses the matters that are required by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An application meeting these requirements shall then be docketed. Any application deemed to be deficient shall be returned to the applicant, together with a concise and explicit statement of the application's deficiencies. Within fifteen (15) days of the resubmission of an application following a rejection for deficiency, the board shall docket the application together with specification of continuing deficiencies noted by the board, if any.

History of Section.
(P.L. 1986, ch. 531, § 1; P.L. 1992, ch. 439, § 2; P.L. 1994, ch. 202, § 1.)