04 NCAC 11 R08-63. UTILITIES COMMISSION

R8-63     Application for certificate of public convenience and necessity for merchant plant; progress reports

(a)  Scope of Rule.

(1)           This rule applies to an application for a certificate of public convenience and necessity pursuant to G.S. 62-110.1(a) by any person seeking to construct a merchant plant in North Carolina.

(2)           For purposes of this rule, the term "merchant plant" means an electric generating facility, other than one that qualifies for and seeks the benefits of 16 U.S.C.A. 824a-3 or G.S. 62-156, the output of which will be sold exclusively at wholesale and the construction cost of which does not qualify for inclusion in, and would not be considered in a future determination of, the rate base of a public utility pursuant to G.S. 62-133.

(3)           Persons filing under this rule are not subject to the requirements of Rule R1-37 or Rule R8-61.

(b)  Application.

(1)           The application shall contain all of the information hereinafter required, with each item labeled as set out below.  Any additional information may be included at the end of the application.

(A)          The Applicant:

(i)            The full and correct name, business address, and business telephone number of the applicant;

(ii)           A description of the applicant, including the identities of its principal participant(s) and officers, and the name and business address of a person authorized to act as corporate agent or to whom correspondence should be directed; and

(iii)          A copy of the applicant’s most recent annual report to stockholders, which may be attached as an exhibit, or, if the applicant is not publicly traded, its most recent balance sheet and income statement.  If the applicant is a newly formed entity with little history, this information should be provided for its parent company, equity partner, and/or the other participant(s) in the project.

(B)          The Facility:

(i)            The nature of the proposed generating facility, including its type, fuel, size, and expected service life; the anticipated beginning date for construction; the expected commercial operation date; and estimated construction costs;

(ii)           A detailed description of the location of the generating facility, including a map with the location marked;

(iii)          A drawing showing the proposed site layout relative to the map provided pursuant to (B)(ii), with all major equipment, including the generator, fuel handling equipment, plant distribution system, startup equipment, site boundary, planned and existing pipelines, planned and existing roads, planned and existing water supplies, and planned and existing electric facilities;

(iv)          In the case of natural gas-fired facilities, a map showing the proximity of the facility to existing natural gas facilities; a description of dedicated facilities to be constructed to serve the facility; and any filed agreements, service contracts, or tariffs for interstate pipeline capacity;

(v)           A list of all needed federal, state, and local approvals related to the facility and site, identified by title and the nature of the needed approval; a copy of such approvals or a report of their status; and a copy of any application related to eligible facility and/or exempt wholesale generator status pursuant to Section 32 of the Public Utility Holding Company Act of 1935 (PUHCA), as amended by the Energy Policy Act of 1992, including attachments and subsequent amendments, if any;

(vi)          A general description of the transmission facilities to which the facility will have access or the necessity of acquiring rights-of-way for new facilities; and

(vii)         Information about generating facilities in the Southeastern Electric Reliability Council region which the applicant or an affiliate has any ownership interest in and/or the ability to control through leases, contracts, options, and/or other arrangements and information about certificates that have been granted for any such facilities not yet constructed.

(C)          Statement of Need:  A description of the need for the facility in the state and/or region, with supporting documentation.

(2)           The application shall be signed and verified by the applicant or by an individual duly authorized to act on behalf of the applicant.

(3)           The application shall be accompanied by prefiled direct testimony incorporating and supporting the application.

(4)           The Chief Clerk will deliver ten (10) copies of the application to the Clearinghouse Coordinator in the Department of Administration for distribution to State agencies having an interest in the proposed generating facility.

(5)           Contemporaneous with the filing of the application with the Commission, all applicants proposing a generating facility that will use natural gas must provide written notice of the filing to the natural gas local distribution company or municipal gas system providing service or franchised to provide service at the location of the proposed generating facility.

(c) Confidential Information.  If an applicant considers certain of the required information to be confidential and entitled to protection from public disclosure, it may designate said information as confidential and file it under seal.  Documents marked as confidential will be treated pursuant to applicable Commission rules, procedures, and orders dealing with filings made under seal and with nondisclosure agreements.

(d)  Procedure upon Receipt of Application.  No later than ten (10) business days after the application is filed with the Commission, the Public Staff shall, and any other party in interest may, file with the Commission and serve upon the applicant a notice regarding whether the application is complete and identifying any deficiencies.  If the Commission determines that the application is not complete, the applicant will be required to file the missing information.  Upon receipt of all required information, the Commission will promptly issue a procedural order setting the matter for hearing, requiring public notice, and dealing with other procedural matters.

(e)  The Certificate.

(1)           The certificate shall specify the name and address of the certificate holder; the type, size, and location of the facility; and the conditions, if any, upon which the certificate is granted.

(2)           The certificate shall be subject to revocation if (a) any of the federal, state, or local licenses or permits required for construction and operation of the generating facility is not obtained or, having been obtained, is revoked pursuant to a final, non-appealable order; (b) required reports or fees are not filed with or paid to the Commission; and/or (c) the Commission concludes that the certificate holder filed with the Commission information of a material nature that was inaccurate and/or misleading at the time it was filed; provided that, prior to revocation pursuant to any of the foregoing provisions, the certificate holder shall be given thirty (30) days' written notice and opportunity to cure.

(3)           The certificate must be renewed if the applicant does not begin construction within two years after the date of the Commission order granting the certificate.

(4)           A certificate holder must notify the Commission in writing of any plans to sell, transfer, or assign the certificate and the generating facility.

(f)  Reporting.  All applicants must submit annual progress reports and any revisions in cost estimates, as required by G.S. 62-110.1(f) until construction is completed.

(NCUC Docket No. E-100, Sub 85, 05/21/01; 07/27/01; 11/06/01; NCUC Docket No. E‑100, Sub 134, 07/30/12.)