Rule 515-3-4-.08 - Supply-Side Resource Certificate Amendment Filing Requirements and Procedures(1) The Utility shall submit an amended application for certification (as the certificate is described under Rule 515-3-4-.07) in the event that: (a) The construction schedule has significantly changed;(b) The total cost estimate has been revised such that the costs are over the estimates in the approved certificate by more than five percent or some other variation tolerance as specified by the Commission in the approved certificate;(c) The scope of the project has changed;(d) The load forecast has changed sufficiently such that the need for a resource of the type/size previously approved may not be warranted or sufficient;(e) The terms of the purchase contract have or are proposed to be significantly changed, including without limitation substantial changes in the ownership or operation of the plant;(f) The utility proposes to change the contractual arrangements pertaining to the project such that it will make any payments to an exempt wholesale generator that is an affiliate or associate of the utility;(g) Any sufficient change has occurred or is expected to occur in the conditions under which the original certificate was approved.(2) The Utility shall file with the Commission twenty-five copies of the certificate amendment application.(3) The application for review and approval of the certificate amendment shall clearly identify: (a) The name of the applicant(s) and address(es) of the principal place of business of the applicant;(b) The name, title, address, voice phone, and facsimile phone number of the person authorized to receive notices and communications with respect to the application;(c) The location(s) that the public may inspect a copy of the application; and(d) Requests by the utility that any information utilized in the plan which the utility deems trade secret be filed in accordance with the Commission's Trade Secret Rule 515-3-1-.11.(4) Hearing and Review of Supply-Side Resource Certificate Amendments. (a) Proceedings. The Commission shall commence a hearing no sooner than thirty days after receipt of fees related to the utility's completed certificate amendment application;(b) Completeness of the Utility Certificate Amendment Application. The Commission shall determine whether the utility certificate amendment application filing is complete within thirty days following the initial submission of the certificate amendment application by the utility. The Commission will inform the utility of substantive defects in the content of the certificate amendment application filing which would materially affect the Commission's ability to continue the certificate amendment application review process. If the Commission finds as a matter of fact that the utility certificate amendment application is not complete, by Order of the Commission the review process may be stayed until the utility has submitted a complete certificate amendment application;(c) Fees. Within sixty days after receipt of the complete certificate amendment application, the Commission shall establish a fee therefor and notify the applicant. Upon receipt of the fee from the applicant, the Commission shall continue its review of the certificate amendment application;(d) Waiver of Information. If, after a good-faith effort, the utility cannot provide the data required by these rules, the utility must request a waiver, in writing. This request must be filed no less than 60 days prior to the filing of the amendment. The utility must publish in appropriate media of mass dissemination that it has applied for a waiver. The request shall include: 1. Reference to the requirement for information that is the subject of the waiver request;2. An explanation of the reasons the required information was impractical to supply;3. Proposed substitute information, if applicable; If no waiver is granted, materials must be filed as required in the rules.
(e) Standard for Approval. Based upon the evidence of record presented at hearing on the certificate amendment application, the Commission shall render a decision either approving the certificate amendment, approving it subject to stated conditions, approving it in part and rejecting it in part, rejecting it, or providing an alternate capacity resource certificate amendment within one-hundred eighty days of receipt of fees related to the utility's completed certificate amendment application. A utility's application shall be approved if found to be in the public interest and to substantially comply with these regulations; and, in the case of any amendment pursuant to which the utility would make any payments to an exempt wholesale generator that is an affiliate or associate of the utility, if the Commission determines:
1. That the Commission has sufficient regulatory authority, resources and access to books and records of the utility and any relevant associate, affiliate or subsidiary company to exercise its duties under this section of its Rules and under Section 32(k) of the Public Utility Holding Company Act of 1935, as amended; and2. That the transaction pursuant to which such payments would be made: (i) Will benefit consumers;(ii) Does not violate any State law;(iii) Would not provide the exempt wholesale generator any unfair competitive advantage by virtue of its affiliation or association with the utility; and(iv) Is in the public interest.(f) Reciprocal arrangements among companies that are not affiliates or associate companies of each other that are entered into in order to avoid the provisions of this rule or of section 32(k) of the Public Utility Holding Company Act of 1935, as amended, relating to approval of any transaction involving payments by the utility to an affiliate or associate exempt wholesale generator are prohibited.(5) The amendment application itself shall contain at a minimum the following information: (a) A copy of the original approved certificate, as well as any already approved amendments;(b) A narrative explanation of the circumstances requiring amendment of the certificate, including a copy of any new or amended contract(s);(c) Updated information, as applicable, regarding the supply-side resource, and its known and reasonably expected effects on the currently approved IRP, as required by Rule 515-3-4-.07;(d) Updated information regarding the progress of construction or implementation, as required by Rule 515-3-4-.07(2)(b);(e) A cost-benefit analysis covering the estimated useful life of the amended resource, along with a summary comparison of the benefits and costs of other alternatives considered in the preparation of the applicant's IRP, sufficient to demonstrate that the amended resource is economic and reliable; and(f) A statement showing why the Commission should find that the amendment is in the public interest and substantially complies with these regulations, and, if applicable, should make the determinations specified in subsections (4)(e)1. and 2. above.Ga. Comp. R. & Regs. R. 515-3-4-.08
Ga. L. 1878-79 p. 125; 1907 pp. 72-81; 1922 pp. 142-147; 1975 pp. 404-412; 1991 pp. 1696-1705; Public Utility Holding Co. Act of 1935, Sec. 32.
Original Rule entitled "Filing Requirements for a Supply-Side Resource Certificate Amendment" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.Amended: F. May 12, 1994; eff. June 1, 1994.Amended: Rule retitled "Supply-Side Resource Certificate Amendment Filing Requirements and Procedures". F. Oct. 27, 1997; eff. Nov. 16, 1997.