TUC.2.6.020 Application for a Certificate of Public Convenience and Necessity

(a) An application for a Certificate must contain the following information:

(1) A description of:

(A) The type of Facility proposed;

(B) The gross design capacity;

(C) The net design capacity;

(D) The estimated thermal efficiency of the energy conversion process and the assumptions upon which the estimate is based;

(E) The number of acres that the proposed Facility will occupy; and

(F) The anticipated timeline and schedule for:

(i) Acquisition of all permits and/or land use rights necessary to complete the proposed construction.

(ii) Starting construction;

(iii) Completing construction;

(iv) Testing operations;

(v) Commencing commercial production; and

(vi) Beginning any planned expansions or additions.

(2) Copies of any evaluative studies or assessments of the environmental impact of the proposed Facility submitted to any federal, regional, state, or local agency.

(3) An analysis of the need for the proposed Facility based on present and projected demand for the product or products to be produced by the proposed Facility, including the most recent system studies supporting the analysis of the need.

(4) A description of any feasible alternative methods of serving the need.

(5) A discussion of the Utility's policies and commitments to limit the environmental impact of its facilities, including copies of board resolutions and management directives.

(6) A map identifying the criteria that provides the basis for the specific location of the proposed Facility within the study area.

(7) A discussion of the criteria evaluated within the study area, including exclusion areas, selection criteria, policy criteria, design and construction limitations, and economic considerations.

(8) A discussion of the mitigative measures that the applicant will take to minimize adverse impacts which result from the location, construction, and operation of the proposed Facility.

(9) The qualifications of each person involved in the Facility Site location study.

(10) A map of the study area showing the location of the proposed Facility and the criteria evaluated.

(b) After determining that the application is complete, the Commission shall publish a Notice of Application for Certificate of Public Convenience of Necessity containing (1) an executive summary of the proposed Certificate, (2) instructions and timelines for filing public comments, and (3) Commission contact information to obtain a copy of the complete Application. The following are hereby declared adequate means of publishing of the Notice of Application hereunder:

(1) Posting the Notice on the official government website of the Tribe;

(2) Publishing the Notice in a newspaper of general circulation on the Reservation.

(c) The public comment period for the Application shall be set by the Commission; provided that the public comment period shall not be for less than thirty (30) days and not be for greater than one hundred twenty (120) days.

(d) At the conclusion of the public comment period, the Commission may, at its discretion or at the direction of the Governing Board, set a public hearing on the proposed Certificate. The Commission may set procedural rules and rules of conduct governing public hearings on Certificate Applications. Public hearings shall be open to all Persons residing or conducting business on the Reservation.

(e) Within ninety (90) days after the conclusion of the public comment period, or within ninety (90) days after the public hearing if such public hearing takes place, the Commission shall issue an order approving or denying the proposed Certificate of Public Convenience and Necessity. The proposed Certificate shall be deemed approved if the Commission fails to issue an order within the applicable time period, provided that the Commission may extend its timeline to issue a decision upon approval by the Governing Board and notice to the petitioning Utility.

(f) The Commission may, at its discretion, allow an applicant to amend its application at any time during the pendency of an application.

(g) When a Certificate is denied and the Commission specifies a modification that would make it acceptable, the applicant may reapply. In a reapplication:

(1) The Utility shall indicate its acceptance or rejection of the suggested modification.

(2) If a suggested modification is rejected by the applicant, it shall propose an alternative modification.

(3) Reapplication must be made within six (6) months of the order denying an application.