Minnesota Administrative Rules

7855.0030 SCOPE OF RULES.

Subpart 1.

Facilities subject to rules.

Each person applying for a certificate of need to construct one of the following types of large energy facilities pursuant to this chapter shall provide all information required by this chapter:

A.

a new fuel conversion facility;

B.

expansion of an existing fuel conversion facility by at least 25 tons per hour of input material over the base capacity of the facility;

C.

a new coal slurry or coal liquids pipeline;

D.

expansion of an existing coal slurry pipeline by at least 1,000 tons of coal or coal derivatives per day over the base capacity of the facility;

E.

expansion of an existing coal liquids pipeline by at least 15,000 barrels per day over the base capacity of the facility;

F.

a new nuclear fuel processing facility;

G.

expansion of an existing nuclear fuel processing facility by at least 20 percent of the base capacity of the facility;

H.

a new nuclear waste storage or disposal facility; and

I.

expansion of an existing nuclear waste storage or disposal facility by at least 20 percent of the base capacity of the facility.

Subp. 2.

Exceptions.

The following types of facilities shall not be subject to this chapter:

A.

any large energy facility on which construction has begun or has been completed by November 14, 1978;

B.

any nuclear waste storage or disposal facility to be constructed in conjunction with a large generating facility that itself requires a certificate of need, unless the total capacity of that storage facility is not covered by the certificate of need issued for the large electric generating facility and associated facilities; and

C.

any facility covered by Minnesota Statutes 1977 Supplement, sections 116C.71 to 116C.74, unless expressly authorized by the legislature.

Statutory Authority:

MS s 216B.08; 216B.2421; 216B.243; 216C.10

History:

L 1983 c 289 s 115

Published Electronically:

November 14, 2003