Subpart 1.
Authority of
commission.
Issuance of a certificate of need may be made contingent upon
modifications required by the commission. When an application is denied, the
commission shall state the reasons for the denial.
Subp. 2.
Proposed changes in size,
type, and timing.
Changes proposed by an applicant to the certified size, type,
or timing of a proposed facility before the facility is placed in service must
conform to the following provisions:
A. A delay of one year or less in the
in-service date of a large generation or transmission facility previously
certified by the commission is not subject to review by the
commission.
B. A power plant
capacity addition or subtraction smaller than the lesser of 80 megawatts or 20
percent of the capacity approved in a certificate of need issued by the
commission does not require recertification.
C. A change in power plant ownership smaller
than the lesser of 80 megawatts or 20 percent of the capacity approved in a
certificate of need issued by the commission does not require
recertification.
D. The applicant
shall notify the commission as soon as it determines that a change described in
item A, B, or C is imminent, detailing the reasons for the change.
E. A large transmission line length addition
or subtraction made as a result of the route length approved by the Minnesota
Environmental Quality Board for projects previously certified does not require
recertification.
F. A design change
required by another state agency in its permitting process for certified
facilities is not subject to review by the commission, unless the change
contradicts the basic type determination specified by the certificate of
need.
G. If a utility applies to
the Minnesota Environmental Quality Board for a transmission line route that is
not expected to meet the definition of LHVTL in part
7849.0010, but at some time in the
routing process it becomes apparent that the board may approve a route that
meets the definition, the utility may apply for a certificate of need as soon
as possible after that time. The length of a route is determined by measuring
the length of its center line.
H.
If an applicant determines that a change in size, type, timing, or ownership
other than specified in this subpart is necessary for a large generation or
transmission facility previously certified by the commission, the applicant
must inform the commission of the desired change and detail the reasons for the
change. A copy of the applicant's submission to the commission must be sent to
each intervenor in the certificate of need hearing proceeding on the facility.
Intervenors may comment on the proposed change within 15 days of being notified
of the change. The commission shall evaluate the reasons for and against the
proposed change and, within 45 days of receipt of the request, notify the
applicant whether the change is acceptable without recertification. The
commission shall order further hearings if and only if it determines that the
change, if known at the time of the need decision on the facility, could
reasonably have resulted in a different decision under the criteria specified
in part
7849.0120.
Notes
Minn. R. agency 138, ch. 7849, CERTIFICATES OF NEED, pt. 7849.0400
L 1983 c 289 s 115; 12
SR 2624
Statutory Authority: MS s
216A.05;
216B.08;
216B.2421;
216B.243;
216C.10
