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7850.2100 PROJECT NOTICE.

Subpart 1.

Notification lists.

The PUC shall maintain the notification lists described in items A and B.

A.

The PUC shall maintain a list of persons who want to be notified of the acceptance of applications for site permits or route permits. Any person may request to have that person's name or an organization's name included on the list. The PUC may from time to time request that persons whose names are on the list advise the PUC whether they want to remain on the list, and the PUC may delete any names for which an affirmative response is not received within a reasonable time. A person whose name has been removed may request to have the name added back on the list. The PUC shall provide an applicant with the general list upon acceptance of an application.

B.

The PUC shall maintain a project contact list for each project for which an application for a permit has been accepted. The project contact list must contain the names of persons who want to receive notices regarding the project. Any person may request to have that person's name or an organization's name included on a project contact list. The PUC may add a person's name to the list if the PUC believes the person would like to receive notices about the particular project. The PUC shall provide an applicant with the project contact list upon request.

Subp. 2.

Notification to persons on general list, to local officials, and to property owners.

Within 15 days after submission of an application, the applicant shall mail written notice of the submission to the following people:

A.

those persons whose names are on the general list maintained by the PUC for this purpose;

B.

each regional development commission, county, incorporated municipality, and township in which any part of the site or route or any alternative is proposed to be located; and

C.

each owner whose property is adjacent to any of the proposed sites for a large electric power generating plant or within any of the proposed routes for a high voltage transmission line. For purposes of giving notice under this item, owners are those persons shown on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer, or any other list of owners approved by the commission.

Subp. 3.

Content of notice.

The notice mailed under subpart 2 shall contain the following information:

A.

a description of the proposed project, including a map showing the general area of the proposed site or proposed route and each alternative;

B.

a statement that a permit application has been submitted to the PUC, the name of the permit applicant, and information regarding how a copy of the application may be obtained;

C.

a statement that the permit application will be considered by the PUC under the provisions of parts 7850.1000 to 7850.5600 and the Power Plant Siting Act and describing the time periods for the PUC to act;

D.

a statement that the PUC will hold a public meeting within 60 days and the date of the meeting if it is known at the time of the mailing;

E.

the manner in which the PUC will conduct environmental review of the proposed project, including the holding of a scoping meeting at which additional alternatives to the project may be proposed;

F.

the name of the PUC staff member who has been appointed by the commission to serve as the public advisor, if known, or otherwise, a general contact at the PUC;

G.

the manner in which persons may register their names with the PUC on the project contact list;

H.

a statement that a public hearing will be conducted after the EIS is prepared;

I.

a statement indicating whether a certificate of need or other authorization from the Public Utilities Commission is required for the project and the status of the matter if such authorization is required;

J.

a statement indicating whether the applicant may exercise the power of eminent domain to acquire the land necessary for the project and the basis for such authority; and

K.

any other information requested by the commission to be included in the notice.

Subp. 4.

Publication of notice.

Within 15 days after submission of an application, the applicant shall publish notice in a legal newspaper of general circulation in each county in which a site, route, or any alternative is proposed to be located that an application has been submitted and a description of the proposed project. The notice must also state where a copy of the application may be reviewed.

Subp. 5.

Confirmation of notice.

Within 30 days after providing the requisite notice, the applicant shall submit to the PUC documentation that all notices required under this part have been given. The applicant shall document the giving of the notice by providing the PUC with affidavits of publication or mailing and copies of the notice provided.

Subp. 6.

Failure to give notice.

The failure of the applicant to give the requisite notice does not invalidate any ongoing permit proceedings provided the applicant has made a bona fide attempt to comply, although the commission may extend the time for the public to participate if the failure has interfered with the public's right to be informed about the project.

Statutory Authority:

MS s 116C.66; 216E.16

History:

27 SR 1295; L 2005 c 97 art 3 s 19

Published Electronically:

September 18, 2009