(A) The power siting board shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, or modifications of the construction, operation, or maintenance of the major utility facility as the board considers appropriate. The certificate shall be subject to sections 4906.101, 4906.102, and 4906.103 of the Revised Code and conditioned upon the facility being in compliance with standards and rules adopted under section 4561.32 and Chapters 3704., 3734., and 6111. of the Revised Code. An applicant may withdraw an application if the board grants a certificate on terms, conditions, or modifications other than those proposed by the applicant in the application.
The board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the board, unless it finds and determines all of the following:
(1) The basis of the need for the facility if the facility is an electric transmission line or gas pipeline;
(2) The nature of the probable environmental impact;
(3) That the facility represents the minimum adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives, and other pertinent considerations;
(4) In the case of an electric transmission line or generating facility, that the facility is consistent with regional plans for expansion of the electric power grid of the electric systems serving this state and interconnected utility systems, that the facility will serve the interests of electric system economy and reliability, and, in the case of an electric transmission line, that the facility must consider implementing cost-effective advanced transmission technologies to maximize the value, expand capacity, or improve the reliability of the facility;
(5) That the facility will comply with Chapters 3704., 3734., and 6111. of the Revised Code and all rules and standards adopted under those chapters and under section 4561.32 of the Revised Code. In determining whether the facility will comply with all rules and standards adopted under section 4561.32 of the Revised Code, the board shall consult with the office of aviation of the division of multi-modal planning and programs of the department of transportation under section 4561.341 of the Revised Code.
(6) That the facility will serve the public interest, convenience, and necessity;
(7) In addition to the provisions contained in divisions (A)(1) to (6) of this section and rules adopted under those divisions, what its impact will be on the viability as agricultural land of any land in an existing agricultural district established under Chapter 929. of the Revised Code that is located within the site and alternative site of the proposed major utility facility. Rules adopted to evaluate impact under division (A)(7) of this section shall not require the compilation, creation, submission, or production of any information, document, or other data pertaining to land not located within the site and alternative site.
(8) That the facility incorporates maximum feasible water conservation practices as determined by the board, considering available technology and the nature and economics of the various alternatives.
(B) If the board determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon that modification, provided that the municipal corporations and counties, and persons residing therein, affected by the modification shall have been given reasonable notice thereof.
(C) A copy of the decision and any opinion issued therewith shall be served upon each party.
(D) The board shall render a decision under this section not later than one hundred fifty days after the date the application is determined to be complete. If the board does not render a decision within the time period required by this division, the application shall be deemed approved by operation of law, and the board shall issue a certificate to the applicant.
In re Application of Icebreaker Windpower, Inc., 2022 Ohio 2742 (Ohio 2022). · cites it 65דCode 4906-1-01(R), the construction of which requires the board’s approval, R.C. 4906.10 and 4906.20(A). R.C. 4906.10(A) provides that the board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility unless it first makes eight…”
In re Application of Buckeye Wind, L.L.C., 2012 Ohio 878 (Ohio 2012). · cites it 22דThe certificate shall be conditioned upon the facility being in compliance with standards and rules adopted under sections 1501.”
In re Application of Alamo Solar I, L.L.C., 2023 Ohio 3778 (Ohio 2023). · cites it 12ד] Power Siting Board—R.C. 4906.10(A)—Solar-powered electric-generation facilities—Applications for certificates of environmental compatibility and public need—Power Siting Board’s orders granting certificates affirmed.”
In re Application of Harvey Solar I, L.L.C., 2025 Ohio 1503 (Ohio 2025). · cites it 38דSee R.C. 4906.10. {¶ 4} Our task is to determine whether the Power Siting Board complied with the statutory criteria when it authorized construction of Harvey Solar’s solar farm.”
In re Application of Duke Energy Ohio, Inc. (Slip Opinion), 2021 Ohio 3301 (Ohio 2021). · cites it 18ד] Power Siting Board—Natural-gas pipeline—R.C. 4906.10(A)—Certificate of environmental compatibility and public need—Determination approving construction, operation, and maintenance of a natural-gas pipeline was lawful, reasonable, and not manifestly against the weight of the…”
In re Letter of Notification Application of Columbia Gas of Ohio, Inc., 2024 Ohio 4747 (Ohio 2024). · cites it 22דThis rule also requires the board’s staff to include in its report recommended findings under R.C. 4906.10, which, in turn, requires the board to make certain substantive findings before issuing a certificate for the construction, operation, and maintenance of a major utility…”
In re Application of Middletown Coke Co., 2010 Ohio 5725 (Ohio 2010). · cites it 14דIn any event, these balancing decisions must be “render[ed] * * * upon the record,” R.C. 4906.10(A), and the siting board’s rulings unreasonably limited Monroe’s opportunities to develop the record.”
Columbia Gas v. Phelps Preferred Invests., L.L.C., 2022 Ohio 2540 (Ohio Ct. App. 2022). · cites it 6דThe certificate of approval notes adequate data was provided “to make the applicable determinations required by R.C. 4906.10,” and that pursuant to R.C. Chapter 4906, a certificate of approval should be issued.”
Biglin v. S (In re Black Fork Wind Energy, L. L.C.), 124 N.E.3d 787 (Ohio 2018). · cites it 2דSuch report shall set forth the nature of the *798 investigation, and shall contain recommended findings with regard to division (A) of section 4906.10 of the Revised Code and shall become part of the record and served upon all parties to the proceeding.”
In re Application of Black Fork Wind Energy, L.L.C. (Slip Opinion), 2018 Ohio 5206 (Ohio 2018). · cites it 2דSuch report shall set forth the nature of the investigation, and shall contain recommended findings with regard to division (A) of section 4906.10 of the Revised Code and shall become part of the record and served upon all parties to the proceeding.”
In re Application of Am. Transm. Sys., Inc., 2010 Ohio 1841 (Ohio 2010). · cites it 4ד5 SUPREME COURT OF OHIO {¶ 21} One responsibility, however, cannot be delegated: “the board’s authority to grant certificates under section 4906.10 of the Revised Code shall not be exercised by any officer, employee, or body other than the board itself.”
In re Application of Buckeye Wind, L.L.C., 2012 Ohio 878 (Ohio 2012). “The certificate shall be conditioned upon the facility being in compliance with standards and rules adopted under sections 1501.”
In re Application of Icebreaker Windpower, Inc., 2022 Ohio 2742 (Ohio 2022). “Code 4906-1-01(R), the construction of which requires the board’s approval, R.C. 4906.10 and 4906.20(A). R.C. 4906.10(A) provides that the board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility unless it first makes eight…”
In re Application of Alamo Solar I, L.L.C., 2023 Ohio 3778 (Ohio 2023). “] Power Siting Board—R.C. 4906.10(A)—Solar-powered electric-generation facilities—Applications for certificates of environmental compatibility and public need—Power Siting Board’s orders granting certificates affirmed.”
In re Application of Harvey Solar I, L.L.C., 2025 Ohio 1503 (Ohio 2025). “See R.C. 4906.10. {¶ 4} Our task is to determine whether the Power Siting Board complied with the statutory criteria when it authorized construction of Harvey Solar’s solar farm.”
In re Application of Duke Energy Ohio, Inc. (Slip Opinion), 2021 Ohio 3301 (Ohio 2021). “] Power Siting Board—Natural-gas pipeline—R.C. 4906.10(A)—Certificate of environmental compatibility and public need—Determination approving construction, operation, and maintenance of a natural-gas pipeline was lawful, reasonable, and not manifestly against the weight of the…”
Columbia Gas v. Phelps Preferred Invests., L.L.C., 2022 Ohio 2540 (Ohio Ct. App. 2022). “The certificate of approval notes adequate data was provided “to make the applicable determinations required by R.C. 4906.10,” and that pursuant to R.C. Chapter 4906, a certificate of approval should be issued.”
In re Application of Icebreaker Windpower, Inc., 2022 Ohio 2742 (Ohio 2022). “Code 4906-1-01(R), the construction of which requires the board’s approval, R.C. 4906.10 and 4906.20(A). R.C. 4906.10(A) provides that the board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility unless it first makes eight…”
In re Application of Alamo Solar I, L.L.C., 2023 Ohio 3778 (Ohio 2023). “] Power Siting Board—R.C. 4906.10(A)—Solar-powered electric-generation facilities—Applications for certificates of environmental compatibility and public need—Power Siting Board’s orders granting certificates affirmed.”
In re Letter of Notification Application of Columbia Gas of Ohio, Inc., 2024 Ohio 4747 (Ohio 2024). “This rule also requires the board’s staff to include in its report recommended findings under R.C. 4906.10, which, in turn, requires the board to make certain substantive findings before issuing a certificate for the construction, operation, and maintenance of a major utility…”
In re Application of Duke Energy Ohio, Inc. (Slip Opinion), 2021 Ohio 3301 (Ohio 2021). “] Power Siting Board—Natural-gas pipeline—R.C. 4906.10(A)—Certificate of environmental compatibility and public need—Determination approving construction, operation, and maintenance of a natural-gas pipeline was lawful, reasonable, and not manifestly against the weight of the…”
— Ohio Rev. Code § 4906.10(A)(3) — 8 cases
In re Application of Icebreaker Windpower, Inc., 2022 Ohio 2742 (Ohio 2022). “Code 4906-1-01(R), the construction of which requires the board’s approval, R.C. 4906.10 and 4906.20(A). R.C. 4906.10(A) provides that the board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility unless it first makes eight…”
In re Application of Alamo Solar I, L.L.C., 2023 Ohio 3778 (Ohio 2023). “] Power Siting Board—R.C. 4906.10(A)—Solar-powered electric-generation facilities—Applications for certificates of environmental compatibility and public need—Power Siting Board’s orders granting certificates affirmed.”
In re Application of Middletown Coke Co., 2010 Ohio 5725 (Ohio 2010). “In any event, these balancing decisions must be “render[ed] * * * upon the record,” R.C. 4906.10(A), and the siting board’s rulings unreasonably limited Monroe’s opportunities to develop the record.”
In re Application of Harvey Solar I, L.L.C., 2025 Ohio 1503 (Ohio 2025). “See R.C. 4906.10. {¶ 4} Our task is to determine whether the Power Siting Board complied with the statutory criteria when it authorized construction of Harvey Solar’s solar farm.”
— Ohio Rev. Code § 4906.10(A)(5) — 1 case
In re Application of Harvey Solar I, L.L.C., 2025 Ohio 1503 (Ohio 2025). “See R.C. 4906.10. {¶ 4} Our task is to determine whether the Power Siting Board complied with the statutory criteria when it authorized construction of Harvey Solar’s solar farm.”
In re Application of Icebreaker Windpower, Inc., 2022 Ohio 2742 (Ohio 2022). “Code 4906-1-01(R), the construction of which requires the board’s approval, R.C. 4906.10 and 4906.20(A). R.C. 4906.10(A) provides that the board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility unless it first makes eight…”
In re Application of Harvey Solar I, L.L.C., 2025 Ohio 1503 (Ohio 2025). “See R.C. 4906.10. {¶ 4} Our task is to determine whether the Power Siting Board complied with the statutory criteria when it authorized construction of Harvey Solar’s solar farm.”
In re Application of Duke Energy Ohio, Inc. (Slip Opinion), 2021 Ohio 3301 (Ohio 2021). “] Power Siting Board—Natural-gas pipeline—R.C. 4906.10(A)—Certificate of environmental compatibility and public need—Determination approving construction, operation, and maintenance of a natural-gas pipeline was lawful, reasonable, and not manifestly against the weight of the…”
Columbia Gas v. Phelps Preferred Invests., L.L.C., 2022 Ohio 2540 (Ohio Ct. App. 2022). “The certificate of approval notes adequate data was provided “to make the applicable determinations required by R.C. 4906.10,” and that pursuant to R.C. Chapter 4906, a certificate of approval should be issued.”
— Ohio Rev. Code § 4906.10(B) — 1 case
In re Application of Buckeye Wind, L.L.C., 2012 Ohio 878 (Ohio 2012). “The certificate shall be conditioned upon the facility being in compliance with standards and rules adopted under sections 1501.”
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