278.216 Site compatibility certificate -- Site assessment report -- Commission action
302 words·~1 min read·
/ky/278-216A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
on application.
(1)Except for a utility as defined under KRS 278.010(9) that has been granted a
certificate of public convenience and necessity prior to April 15, 2002, no utility
shall begin the construction of a facility for the generation of electricity capable of
generating in aggregate more than ten megawatts
(10MW)without having first
obtained a site compatibility certificate from the commission.
(2)An application for a site compatibility certificate shall include the submission of a
site assessment report as prescribed in KRS 278.708(3) and (4), except that a utility
which proposes to construct a facility on a site that already contains facilities
capable of generating ten megawatts
(10MW)or more of electricity shall not be
required to comply with setback requirements established pursuant to KRS
278.704(3). A utility may submit and the commission may accept documentation of
compliance with the National Environmental Policy Act
(NEPA)rather than a site
assessment report.
(3)The commission may deny an application filed pursuant to, and in compliance with,
this section. The commission may require reasonable mitigation of impacts
disclosed in the site assessment report including planting trees, changing outside
lighting, erecting noise barriers, and suppressing fugitive dust, but the commission
shall, in no event, order relocation of the facility.
(4)The commission may also grant a deviation from any applicable setback
requirements on a finding that the proposed facility is designed and located to meet
the goals of this section and KRS 224.10-280, 278.010, 278.212, 278.214, 278.218,
and 278.700 to 278.716 at a distance closer than those provided by the applicable
setback requirements.
(5)Nothing contained in this section shall be construed to limit a utility's exemption
provided under KRS 100.324.
(6)Unless specifically stated otherwise, for the purposes of this section, "utility" has
the same meaning as in KRS 278.010(3)(a) or (9).