MCL - Section 460.1225.added

Act 295 of 2008

***** 460.1225.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****

460.1225.added Application for certification under MCL 460.1222; contents.

Sec. 225.

    (1) An application for a certificate submitted to the commission under section 222(2) shall contain all of the following:
    (a) The complete name, address, and telephone number of the applicant.
    (b) The planned date for the start of construction and the expected duration of construction.
    (c) A description of the energy facility, including a site plan as described in section 224.
    (d) A description of the expected use of the energy facility.
    (e) Expected public benefits of the proposed energy facility.
    (f) The expected direct impacts of the proposed energy facility on the environment and natural resources and how the applicant intends to address and mitigate these impacts.
    (g) Information on the effects of the proposed energy facility on public health and safety.
    (h) A description of the portion of the community where the energy facility will be located.
    (i) A statement and reasonable evidence that the proposed energy facility will not commence commercial operation until it complies with applicable state and federal environmental laws, including, but not limited to, the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
    (j) A summary of the community outreach and education efforts undertaken by the electric provider or independent power producer, including a description of the public meetings and meetings with elected officials under section 223.
    (k) Evidence of consultation, before submission of the application, with the department of environment, Great Lakes, and energy and other relevant state and federal agencies before submitting the application, including, but not limited to, the department of natural resources and the department of agriculture and rural development.
    (l) The soil and economic survey report under section 60303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.60303, for the county where the proposed energy facility will be located.
    (m) Interconnection queue information for the applicable regional transmission organization.
    (n) If the proposed site of the energy facility is undeveloped land, a description of feasible alternative developed locations, including, but not limited to, vacant industrial property and brownfields, and an explanation of why they were not chosen.
    (o) If the energy facility is reasonably expected to have an impact on television signals, microwave signals, agricultural global position systems, military defense radar, radio reception, or weather and doppler radio, a plan to minimize and mitigate that impact. Information in the plan concerning military defense radar is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by the commission or the electric provider or independent power producer except pursuant to court order.
    (p) A stormwater assessment and a plan to minimize, mitigate, and repair any drainage impacts at the expense of the electric provider or IPP. The applicant shall make reasonable efforts to consult with the county drain commissioner before submitting the application and shall include evidence of those efforts in its application.
    (q) A fire response plan and an emergency response plan.
    (r) A decommissioning plan that is consistent with agreements reached between the applicant and other landowners of participating properties and that ensures the return of all participating properties to a useful condition similar to that which existed before construction, including removal of above-surface facilities and infrastructure that have no ongoing purpose. The decommissioning plan shall include, but is not limited to, financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash. The amount of the financial assurance shall not be less than the estimated cost of decommissioning the energy facility, after deducting salvage value, as calculated by a third party with expertise in decommissioning, hired by the applicant. However, the financial assurance may be posted in increments as follows:
    (i) At least 25% by the start of full commercial operation.
    (ii) At least 50% by the start of the fifth year of commercial operation.
    (iii) 100% by the start of the tenth year of commercial operation.
    (s) Other information reasonably required by the commission.
    (2) Within 60 days after receipt of an application, the commission shall determine whether the application is complete. If the commission determines that the application is incomplete, the commission shall advise the applicant in writing of the information necessary to make the application complete. If the commission fails to timely notify the applicant that an application is incomplete, the application is considered to be complete.

History: Add. 2023, Act 233, Eff. Nov. 29, 2024