Electric Power Plant Facilities Process Guidelines July 25, 2014

Transcription

1 Electric Power Plant Facilities Process Guidelines July 25, 2014 July 25, 2014 The attached checklists (Appendix 1 and Appendix 2) and flowchart (Appendix 3) are provided to assist applicants when determining how to address the requirements of AUC Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations, and Hydro Developments (AUC Rule 007), the Hydro and Electric Energy Act and the Hydro and Electric Energy Regulation. The checklists are intended to provide clarity and consistency regarding the Alberta Utilities Commission s (AUC or the Commission) application and process requirements related to exemptions and minor alterations of power plants. Applicants are reminded that these checklists are not part of AUC Rule 007, but are intended only as guides. The requirements in the applicable acts, regulations or rules that apply to the new power plant or alteration must continue to be met. Owners are expected to do their due diligence with respect to the public interest whether or not an application is required. The AUC s participant involvement requirements are provided in Appendix A of AUC Rule 007, while the noise requirements that apply to all AUC regulated facilities are contained in AUC Rule 012: Noise Control (AUC Rule 012). Checklist for power plant applications for approvals or exemptions The answers to questions in the checklist (Appendix 1) will guide the applicant to the type of application, if any, that will meet the requirements of AUC Rule 007 when proposing to construct or materially alter a power plant with a capability of less than 10 megawatts. Most small power plants (i.e. those with a capability of less than one megawatt), and most power plants with a capability of less than 10 megawatts that generate electricity solely for the person s own use, will not require an application to the AUC. If an application is required for a power plant approval or if an exemption is required, the applicant may, through a streamlined process, satisfy the requirements of AUC Rule 007 and AUC Rule 012. Depending on the nature of the application the applicant may be required to do one of the following: - file a facility application pursuant to AUC Rule 007 Section 3 or Section 4 (Section 11 of the Hydro and Electric Energy Act) - file an exemption application pursuant to AUC Rule 007 Section 1.4 (Section 13 of the Hydro and Electric Energy Act) - proceed without filing an application (Section 18.1 of the Hydro and Electric Energy Regulation) - proceed without filing an application if the power plant cumulative capability is less than 10 megawatts that generates electricity solely for the person s own use (Section 13(1) of the Hydro and Electric Energy Act) Page 1 of 12

2 Checklist for power plant facility versus letter of enquiry applications The answers to questions in the checklist (Appendix 2) will guide the applicant to the type of application that will meet the requirements of AUC Rule 007 when proposing minor alterations to a power plant. If a power plant is exempt from the requirement to file an application, the exemption will apply to minor alterations unless the minor alterations are of a nature so that an exemption no longer applies. Depending on the nature of the application the applicant may be required to do one of the following: - file a facility application pursuant to AUC Rule 007 Section 3 or Section 4 (Section 11 of the Hydro and Electric Energy Act) - file a letter of enquiry pursuant to AUC Rule 007 Section 1.4 (sections 11 and 12 of the Hydro and Electric Energy Regulation) if the applicant is requesting minor changes to an existing approval or a decision by the AUC - if the project is minor in nature, no person is directly affected and there is no adverse environmental impact, proceed without filing a facility application or letter of enquiry (Section 18.2 of the Hydro and Electric Energy Regulation) Page 2 of 12

3 Appendix 1 Checklist for power plant applications and exemptions To provide clarity, the AUC has identified a number of criteria and questions that should be considered by persons proposing to construct a small power plant (i.e. capability under one megawatt), or a power plant with a capability of greater than one megawatt, but less than 10 megawatts that is generating electricity solely for the owner s own use, when determining if an application for a power plant approval or exemption is required. It is not possible to anticipate every possible scenario/factor that could arise, but the AUC has identified the most common ones and compiled them in the following checklist to provide guidance to prospective power plant owners. The checklist does not replace or alter the requirements in the applicable acts, regulations or rules. The noise requirements that apply to all AUC regulated facilities are contained in AUC Rule 012: Noise Control. The AUC s participant involvement requirements are provided in Appendix A of AUC Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations, and Hydro Developments (AUC Rule 007), and are copied below for your reference: For power plants less than one megawatt in an urban setting, the applicant must provide public notification to all occupants, residents and landowners within the first row of occupied properties surrounding the proposed development and should consider including areas beyond that, as the circumstances require. For power plants less than one megawatt in a rural setting, the applicant must provide notification to occupants, residents and landowners within a 1,500 metre radius of the proposed development, as the circumstances require. For power plants one megawatt or greater and less than 10 megawatts where the electric energy is generated solely for the applicants own use in an urban setting, the applicant must provide public notification to all occupants, residents and landowners within the first row of occupied properties surrounding the proposed development and should consider including areas beyond that, as the circumstances require. For power plants one megawatt or greater and less than 10 megawatts where the electric energy is generated solely for the applicants own use in a rural setting, the applicant must provide notification to occupants, residents and landowners within a 1,500 metre radius of the proposed development, as the circumstances require. # Question issue to consider Yes/No? Process implication 1a. Is the power plant capability 10 megawatts (MW) or greater? (The power plant rating consists of the cumulative rating of all generating units at a site)? If yes, file a power plant application unless you are seeking an exemption from s. 11 of the HEE Act. If seeking an exemption from s. 11, file an application containing relevant information from Rule 007, and described in questions 3 to 7 below, to demonstrate you are exempt. Page 3 of 12

4 1b. Is the power plant capability less than one MW? (The power plant rating consists of the cumulative rating of all generating units at a site) 1c. Is the power plant capability one MW or greater, but less than 10 MW, and the owner plans to generate electricity solely for the owner s own use? (The power plant rating consists of the cumulative rating of all generating units at a site) If no, proceed to question 1b.? If yes, proceed to question 7. If no, proceed to question 1c.? If yes, and you believe you are exempted from s. 11 of the HEE Act, proceed to question 2. If no, file a power plant application under s. 11 of the HEE Act. Power plant applications or exemptions 2. For all power plants with a rating of one megawatt or greater but less than 10 MW please consider the following questions to clarify the use(s) of your power plant. 2a. Is your project an emergency generator? Is this an essential service (i.e. fire, police, hospital, etc.)? 2b. Is your project a temporary generator? How long will this generator be required? 2c. Is your project a standby generator? How will this generator be used/operated? 2d. Is your project considered a micro-generation project pursuant to the Micro-Generation Regulation? 2e. All other small generation provide details. 3. Is the electricity produced by the power plant solely for the owner s own use? Provide details that confirm the power plant is for the owner s own use, and not connected to the Alberta Interconnected Electric System (for purposes other than periodic testing).? If yes, provide details that confirm the power plant is for the owner s own use, and not connected to the Alberta Interconnected Electric System (for purposes other than periodic testing). If no, please specify. Page 4 of 12

5 4. Does your power plant comply with AUC Rule 012?? If no, please provide details. If your project clearly meets the criteria set out in AUC Rule 012 s. 3.1(5) you may only be required to submit the Noise Impact Assessment Summary Form (Appendix 3 in AUC Rule 012). Otherwise a detailed noise impact assessment is required and must be included in the power plant application. 5. Does your power plant meet all applicable environmental regulations? 6. Provide details regarding the type of notification or consultation performed, and the results, including any objections received. Are there any unresolved objections? If no, please provide details regarding any adverse environmental impact. Page 5 of 12

6 7. What is required for a power plant with a capability of less than 10 MW? ONLY file an application under s. 1.4 or s. 3 or 4 of AUC Rule 007 if: it is not clear whether or not the electricity produced is for your own use, or you do not comply with AUC Rule 012, or there is an adverse environmental impact, or there is an unresolved objection to your power plant, or you have not entered into an operating agreement, if required, with the owner or operator of the transmission line or electric distribution system you are connected to Applicants must use the AUC s electronic application system (Digital Data Submission DDS). Select: Fac-Elec Power Plant (application category) Power Plant or Power Plant Exemption (type) The AUC will/may proceed without further process, subject to the adequacy of the information provided in the application, and the Commission finding that the project is exempt from s. 11 of the HEE Act or requires an approval. Page 6 of 12

7 Appendix 2 Checklist for power plant facility versus letter of enquiry applications In order to provide clarity, the AUC has identified a number of criteria and questions that should be considered by applicants when determining whether or not an application or letter of enquiry (LOE) is required, and, if so, the type to use. It is not possible to anticipate every possible scenario/factor that could arise, but the AUC has identified the most common ones and compiled them in the following checklist to provide guidance to power plant owners. The checklist is applicable to power plants with a capability of one megawatt or greater. The checklist does not replace or alter the requirements in the applicable acts, regulations or rules. The noise requirements that apply to all AUC regulated facilities are contained in AUC Rule 012: Noise Control. The AUC s participant involvement requirements are provided in Appendix A of AUC Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations, and Hydro Developments (AUC Rule 007), and are copied below for your reference: For power plants less than one megawatt in an urban setting, the applicant must provide public notification to all occupants, residents and landowners within the first row of occupied properties surrounding the proposed development and should consider including areas beyond that, as the circumstances require. For power plants less than one megawatt in a rural setting, the applicant must provide notification to occupants, residents and landowners within a 1,500 metre radius of the proposed development, as the circumstances require. For power plants one megawatt or greater and less than 10 megawatts where the electric energy is generated solely for the applicants own use in an urban setting, the applicant must provide public notification to all occupants, residents and landowners within the first row of occupied properties surrounding the proposed development and should consider including areas beyond that, as the circumstances require. For power plants one megawatt or greater and less than 10 megawatts where the electric energy is generated solely for the applicants own use in a rural setting, the applicant must provide notification to occupants, residents and landowners within a 1,500 metre radius of the proposed development, as the circumstances require. # Question issue to consider Yes/No? Process implication 1a. Is the project a new power plant?? If yes, refer to Appendix 1 (Checklist for power plant applications and exemptions) to determine what type of application is required, if any, pursuant to s. 3 of AUC Rule 007 and s. 11 of the HEE Act. If no, proceed to next question. Page 7 of 12

8 1b. Is the project a major alteration to a power plant with a capability of one megawatt or greater, and the owner is not planning to generate electricity solely for the owner s own use? Please state whether the power plant is exempt pursuant to s. 13 of the HEE Act, or is a pre-1971 facility. 2. Is the project a minor alteration (i.e. capital or capital maintenance) to a power plant previously approved by the AUC, or to a power plant that is exempt pursuant s. 13 of the HEE Act, or is a pre-1971 facility? Please provide the criteria used to distinguish between capital projects and operation and maintenance expenses. 3. Is the project classified as operation and maintenance?? If yes, file a power plant application pursuant to s. 3 of AUC Rule 007 and s. 11 of the HEE Act. If no, proceed to next question.? If yes, proceed to question 4. If no, please proceed to next question.? If yes, and there is no unresolved impact on a person or an adverse environmental impact, proceed without filing a LOE. If yes, and there is an unresolved impact on a person or an adverse environmental impact, file a LOE. 4. Does the project alter the rated capability of the power plant?? If yes, please state whether or not you have or require sign off from the AESO to proceed, and/or if you have or require sign off from the TFO or DFO your power plant is connected to. Proceed to next question. If no, proceed to next question. Page 8 of 12

9 For minor alteration or maintenance projects answer the following questions to clarify whether the project requires a power plant application, LOE, or no application. 5. Is there new/additional equipment in the power plant? 6. Is the project a like-for-like replacement? Use the following questions to clarify 6a. - is there a change to the fence line or location of the power plant? 6b. - is there a change to the height or dimensions of the new structure or equipment? - is there a change in the structure or equipment from what was approved and listed in the original/current approval? 6c. - if equipment is being replaced, is there a change in the rating or noise profile from that of the original equipment? 6d. - will the change or alteration result in adverse visual impacts? Feedback pursuant to notification or consultation 7. Clarify the nature and details of the notification or consultation undertaken with respect to the project. Were there any objections to any aspect of the project? Consideration of the potential for an adverse environmental impact 8. Does the project negatively affect air emissions, groundwater, water body, or involve the handling or disposal of a hazardous material or a contaminant? i.e. transformer replacements or major components of a hydro facility 9a. Would the project require an amendment to the conditions of the current approval, or would it impact any known environmentally sensitive area? 9b. Has an assessment been done of the area specific to the project that demonstrates that the applicant is and will remain in compliance with all applicable environmental regulations when the project is completed??? If yes, are there any unresolved objections?? Provide details if the applicant is not or will not remain in compliance with all applicable environmental regulations. Page 9 of 12

10 10. Does the project require the approval of another government department or agency (i.e. Alberta Environment and Sustainable Resource Development, Department of Fisheries and Oceans )? 11. Does the project raise issues not addressed by the preceding questions? 12. What is required? A decision by the AUC is required if the project is not a minor alteration, or there is an adverse effect on a person or the environment.? If yes, please contact AUC staff or file an application seeking clarification. If the project requires NO amendment to an existing approval and requires no decision by the AUC, proceed to 12a. 12 a. Retain the completed checklist and a brief description of the project for information purposes. If the project requires an amendment to an existing approval or requires a decision by the AUC, proceed to 12b. No filing of the checklist or approval from the AUC is required. The checklist could be requested/referred to in the event there is a complaint related to the project. Further, the checklist will/may be subject to a subsequent compliance audit by the AUC. Page 10 of 12

11 12 b. File a LOE consisting of a completed checklist and enough information to address the requirements of s. 12 of the HEE Regulation. Clearly indicate the relief requested, and the amendment(s) required to an existing approval.? The AUC will/may proceed without further process, subject to the adequacy of the information provided in the LOE, and the Commission finding that the project is minor in nature, and does not adversely impact a person or the environment. The LOE would be referred to in the event there is a complaint related to the project. Further, the LOE will/may be subject to a subsequent compliance audit by the AUC. Page 11 of 12

12 Appendix 3 - AUC simplified process flowchart for power plant applications Applicant evaluates how to comply with AUC Rule 007, HEE Act and HEE Regulation Under 1 MW or between 1 MW and 10 MW and for own use See checklist Appendix 1 question 7 Proceed without filing application Is the project for a new power plant? Yes Capacity and use? See checklist Appendix 1 question 1 10 MW or greater and for own use See checklist Appendix 1 questions 2 to 7 File exemption application No 1 MW or greater and not for own use File facility application Is the project for a major alteration to an existing power plant? See checklist Appendix 2 question 1b Yes File facility application, unless the power plant meets the requirements for an exemption. No Capital or capital maintenance? Yes Are there any unresolved landowner or environmental issues, or changes to the capacity of existing approved facilities? Yes File a letter of enquiry; identify if changes required to an existing approval See checklist Appendix 2 question 2 See checklist Appendix 2 questions 4 to 12 No Proceed without filing application No Operation and maintenance? Yes Are there any unresolved landowner or environmental issues? Yes File a letter of enquiry See checklist Appendix 2 question 3 No Proceed without filing application Page 12 of 12