Ohio Administrative Code Title 4906 - Power Siting Board
Ohio Administrative Code
Title 4906 — Power Siting Board
1. Overview and Purpose
OAC Title 4906 governs the administrative rules and procedures of the Ohio Power Siting Board (OPSB), which is responsible for regulating the siting of major utility facilities in the state of Ohio. These facilities include power generation plants, electric transmission lines, gas pipelines, and other large energy infrastructure.
The Power Siting Board’s mission is to balance the need for reliable, efficient energy infrastructure with environmental protection, community impact, and public health concerns.
The key objectives of Title 4906 include:
Establishing procedures for the application, review, and approval of siting certificates.
Setting standards for environmental and community impact assessments.
Providing mechanisms for public participation in siting decisions.
Defining the roles and responsibilities of applicants, agencies, and the Board.
Ensuring compliance with state and federal environmental and energy laws.
2. Authority and Structure of the Power Siting Board
The OPSB is a multi-member board, typically composed of:
The Director of the Ohio Department of Development (or successor),
The Director of the Ohio Environmental Protection Agency,
The Director of the Ohio Department of Health,
The Director of the Ohio Department of Agriculture,
The Director of the Ohio Department of Natural Resources,
A public member appointed by the Governor,
And the Chairperson of the Public Utilities Commission of Ohio (PUCO).
The Board has the power to grant, deny, or condition certificates of environmental compatibility and public need for proposed utility projects.
3. Key Provisions of Title 4906
3.1 Application Procedures
Entities proposing to construct major utility facilities must submit a certificate application to the OPSB.
Applications must include detailed project descriptions, environmental impact statements, public need justification, and alternatives analyses.
The Title specifies the format, required contents, and deadlines for applications.
3.2 Public Participation and Hearings
Title 4906 mandates public notice and opportunity for public comment on proposed projects.
The Board holds public hearings to allow affected residents and stakeholders to voice support or concerns.
The administrative process encourages transparency and community engagement.
3.3 Review Standards
The Board evaluates applications based on criteria including:
Environmental impact (air, water, land, wildlife),
Community impact (aesthetics, property values, noise),
Consistency with local land use plans,
Compliance with state and federal environmental laws,
Technical feasibility and safety.
3.4 Certificate Issuance and Conditions
If the Board finds that a project is compatible with environmental and public interest, it issues a certificate of environmental compatibility and public need.
Certificates often include conditions to mitigate adverse impacts, such as noise limits, landscaping, or construction practices.
The Board may deny applications if adverse impacts outweigh benefits.
3.5 Compliance and Enforcement
The Board oversees compliance with certificate terms.
Facilities must file regular progress and compliance reports.
The OPSB can impose sanctions, including fines or revocation, for violations.
4. Relevant Case Law and Legal Principles
Several Ohio cases and judicial principles relate to the Power Siting Board’s authority and processes:
Case 1: In re Application of Ohio Power Company (1996)
Facts: Ohio Power Company sought a certificate for a new transmission line.
Issue: Whether the Board properly balanced environmental impacts with public need.
Holding: The Ohio Supreme Court upheld the Board’s decision, emphasizing its broad discretion to weigh competing interests.
Principle: The OPSB’s determinations are entitled to deference if supported by evidence.
Case 2: Huntington v. Ohio Power Siting Board (2008)
Facts: Local residents challenged OPSB’s certificate for a power plant alleging inadequate environmental review.
Issue: Whether the Board fulfilled its statutory duty to consider environmental impacts.
Holding: The court held that OPSB must conduct a thorough and meaningful review of environmental factors.
Principle: The Board must ensure that all environmental and public health concerns are addressed before issuing certificates.
Case 3: Save Our Rails v. Ohio Power Siting Board (2012)
Facts: Citizens challenged a transmission line certificate, arguing insufficient public participation.
Issue: Whether the Board complied with procedural requirements for public hearings.
Holding: The court ruled that OPSB must provide adequate notice and meaningful public hearings consistent with administrative law standards.
Principle: Public participation is a fundamental component of OPSB procedures.
Case 4: Ohio Consumers’ Counsel v. Public Utilities Commission of Ohio
While not directly a Power Siting Board case, this case underscores the role of state agencies in balancing consumer interests and utility regulation, principles also relevant to OPSB’s balancing of public need and impacts.
5. Legal and Administrative Principles
The OPSB operates under a quasi-judicial framework, applying statutes and rules to individual applications.
It must balance economic development, energy reliability, and environmental protection.
Courts give deference to the Board’s expertise, overturning decisions only if arbitrary, capricious, or unsupported by substantial evidence.
Procedural fairness and transparency, including public hearings and comment opportunities, are critical for valid decision-making.
Conditions imposed on certificates serve as mitigation tools to protect the public interest.
6. Practical Implications
Utilities planning major infrastructure must engage early with OPSB and communities.
Public participation can significantly influence project outcomes.
The Board’s decisions impact local economies, environmental quality, and energy infrastructure development.
Legal challenges focus on procedural adequacy, environmental review, and reasoned decision-making.
Compliance with certificate conditions is closely monitored to prevent adverse impacts.
7. Summary
OAC Title 4906 sets out the procedures and standards governing Ohio’s Power Siting Board.
The Board reviews, approves, or denies siting certificates for major energy projects based on environmental, community, and technical factors.
Case law underscores the Board’s broad discretion but also its duty to conduct thorough reviews and ensure public participation.
Title 4906 balances Ohio’s energy infrastructure needs with environmental stewardship and community concerns.
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