Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-11-5 - Bonding and Decommissioning Exemptions5.1. The owner of a solar or wind generation facility is exempt from the decommissioning and bonding requirements of this rule if: 5.1.a. The facility has a nameplate capacity of less than 1.0 megawatts;5.1.b. The facility is operated by regulated public utility who can successfully demonstrate to the department and the Public Service Commission an acceptable showing of financial integrity and long-term viability; or5.1.c. The facility: 5.1.c.i. Is legally bound by a decommissioning agreement, based upon a qualified independent party and executed before July 9, 2021; or5.1.c.ii. Was granted a siting certificate, modification waiver, order, or other authorization to construct by the Public Service Commission, conditioned upon the execution of such agreement before July 9, 2021.5.2. A facility remains exempt unless or until the facility, pursuant to West Virginia Code § 22-32-4(i)(3), is: 5.2.a. Found to be in breach of such agreement, or such agreement is found to be unenforceable;5.2.b. Sold or transferred to a party or parties not bound under such agreement; or5.2.c. Substantially expands its facility by 50% or more in total disturbed acreage.5.3. Appendix A sets forth an inclusive, but not exclusive, list of solar and wind generation facilities that were granted a siting certificate or other authorization to construct by the Public Service Commission, conditioned on compliance with a legally binding decommissioning agreement that was executed before July 9, 2021. Such facilities are therefore exempt from the requirements of this rule, except that they are required to provide decommissioning agreements to the department.5.4. Facilities that are exempt from the bonding and decommissioning requirements of the Act must provide the department with a properly executed and legally binding decommissioning agreement, with all attachments, schedules, and addendums.