A Guide to Public Participation
About the Siting Board
The Kentucky State Board on Electric Generation and Transmission Siting (the Siting Board) was created in 2002 by an act of the Kentucky General Assembly. Its purpose is to review applications and, as appropriate, grant certificates for the construction of electric generating facilities and transmission lines that are not regulated by the Kentucky Public Service Commission.
The Siting Board review focuses on three areas:
- Environmental matters not covered by permits issued by the Kentucky Department for Environmental Protection. The Department issues permits for air emissions, water withdrawals and discharges, and solid waste disposal. The Siting Board review covers matters such as noise and visual impacts, among others.
- Economic impacts.
- Impact of the proposed facility on Kentucky’s electric transmission grid.
The generating facilities reviewed by the Siting Board sell power through a purchase power agreement or on the wholesale market and are commonly known as merchant power plants or independent power producers (IPPs). Siting Board approval is required for merchant plants with a generating capacity of 10 megawatts or more and for non-regulated transmission lines capable of carrying 69,000 volts or more.
The Siting Board is headquartered at the Kentucky Public Service Commission. The PSC staff also serves as staff to the Siting Board. The Siting Board’s operations are funded through fees paid by applicants.
All documents submitted are filed electronically and are available within the KY PSC's case filing system. All Siting Board cases can be quickly located on the Siting Board Page: https://psc.ky.gov/Home/EGTSB
Siting Board hearings may be viewed live on the Kentucky Public Service Commission’s YouTube page: https://www.youtube.com/@KYPSC
The Siting Board review of applications is designed to include public participation throughout the process. The Siting Board welcomes and encourages public participation. This guide is intended to explain the siting process and the opportunities for public participation.
Membership of the Siting Board
The Siting Board has five permanent ex officio members and two ad hoc members who are appointed by the Governor to review specific applications.
Permanent ex officio members
- The three members of the Kentucky Public Service Commission. The chairperson of the PSC also chairs the Siting Board.
- The secretary of the Kentucky Energy and Environment Cabinet, or designee.
- The secretary of the Kentucky Cabinet for Economic Development, or designee.
Ad hoc members
If the facility is located within a single county, the ad hoc members shall be:
- The chairperson of the planning commission with jurisdiction over the proposed site. If no planning commission exists for the site, the Governor may name either the county judge/executive or, if the proposed facility is within the limits of a city, the mayor of the city.
- A resident of the county in which the facility is proposed to be located.
If the proposed site for the facility is located in more than one county, the ad hoc members shall be:
- The county judge/executive of one of the counties, chosen by a majority vote of the county judge/executives of all the counties in which the facility is proposed.
- A resident of a county in which the facility is proposed to be located.
The ad hoc members serve until the merchant electric generating facility begins generating electricity for sale or the construction certificate expires.
The Siting Application Process
Notice of Intent
Anyone planning to apply for a certificate of construction from the Siting Board must submit a Notice of Intent at least 30 days before submitting the application. The notice of intent, which is filed into the record, must include the contact information for the person who intends to file the application, a description of the proposed facility, its location, and, if applicable, the planning and zoning commission, the address, and a description of setback requirements of the planning and zoning commission. It also must identify the local planning and zoning authority and provide notice of any requested deviations from state setback requirements. When a notice is deemed complete, the Siting Board sends a letter to the Governor’s Office requesting that ad hoc members be appointed.
Application
Application for a certificate from the Siting Board may be made at least 30 days after the filing of a completed Notice of Intent. The application must contain certain information, including:
- Evidence that public notice of the application has been made.
- A report on public involvement activities conducted by the applicant.
- A site assessment report containing a detailed description of the project and thorough analysis of the impacts to be considered by the Siting Board, including visual impacts, traffic, and property values.
- A statement of compliance with any local zoning regulations and noise control ordinances.
- An analysis of the effects of the proposed facility on the electric transmission grid.
- An analysis of the economic impacts of the proposed facility.
- Disclosure of past environmental violations by the applicant or applicants.
Hearings
Evidentiary hearing
An evidentiary hearing will be held upon the written request of a party to the case or on the motion of the Siting Board itself. It must be requested within 30 days of the filing of a completed application. The evidentiary hearing is a formal proceeding, with participation limited to the applicants and the parties to the case (intervenors). Testimony is taken under oath. It may be held in Frankfort at the Public Service Commission’s offices.
Local public hearing
This is an informal proceeding held to give the general public an opportunity to be heard by the Siting Board. A local public hearing will be held if requested by a local government entity such as a city, county, or planning and zoning authority. A local public hearing may be held if a request is received from at least three residents of the city or county in which the proposed facility would be located. Requests must be made in the form of a letter to the Siting Board. The local public hearing must be requested within 30 days of the filing of a completed application. The local public hearing will be held within the county in which the facility is proposed. If the facility spans more than one county, the local public hearing will be held in the most populous county.
How to submit comments
There is no requirement to sign up in advance to speak at a local public hearing. However, those wishing to speak will be asked to sign up upon arrival at the hearing. The time allocated to each speaker may be limited in order to allow everyone who wishes to comment to be heard.
The most helpful comments are those which:
- Are clear, concise, and to the point.
- Address matters under Siting Board jurisdiction, rather than those under the purview of the Kentucky Department for Environmental Protection.
- Address specific aspects of the proposed facility, rather than simply general support or opposition.
- Suggest ways to remedy any perceived shortcomings in the application.
Comments may be submitted in writing to the mailing address listed at the bottom of this page or through the Public Service Commission's Comment page: https://psc.ky.gov/Home/Contact. Please consult the directions for commenting on a case.
Intervenors
Any interested party may apply to the Siting Board to become an intervenor in the proceeding. The request must be made in writing within 30 days of the filing of a completed application. Administrative regulation 807 KAR 5:110, Section 4 requires a party to set forth in the motion to intervene either (1) a special interest in the proceeding or (2) that participation in the proceeding will assist the board in reaching its decision and would not unduly interrupt the proceeding. Intervenors have the right to participate fully in the board proceedings. This includes the right to file requests for information from the applicant or other parties and to cross-examine witnesses during formal proceedings of the Siting Board. Parties to a case before the Siting Board also have the right to appeal the Siting Board decision to the Circuit Court in the county in which the facility is proposed to be located.
The Siting Board Decision
The Siting Board is required to make its decision no later than 120 days after the submission of a complete application. If a hearing is held, the Siting Board has 180 days from the submission of a complete application to issue a ruling. For further specific information, refer to 807 KAR 5:110.
The Siting Board will consider information submitted by the applicant, evidence and public comments from the hearings, other public comments, and reports submitted by consultants to the Siting Board. The Siting Board also may conduct its own inspection of the location for the proposed facility.
The Siting Board may accept or deny an application as submitted, order mitigation measures to reduce impacts of the project, and allow deviations from setback requirements. The Siting Board may not order relocation of a proposed facility.
The Siting Board Process Summary and Timeline
- 30 days before application: Notice of Intent filed.
- Letter sent to the Governor’s Office requesting appointment of ad hoc board members.
- Day 0: Application filed.
- Filings for intervenors.
- Consultants selected.
- Day 30: Deadline for requesting hearings.
- Day 30: Deadline for requesting intervention.
- Day 60: Deadline to hold a public hearing if requested when the facility is located in more than one county.
- Prior to evidentiary hearing, the Siting Board consultant will file a report.
- Day 120: Board decision due if no hearing is held.
- Day 180: Board decision due if a hearing is held.
- 30 days after decision: Deadline for filing appeals.
The Role of the Kentucky Department for Environmental Protection
The law creating the Siting Board does not alter the role of the Kentucky Department for Environmental Protection in granting permits for electric generating facilities. The required permits include:
- Air emissions
- Wastewater discharges
- Water withdrawal
- Solid waste disposal
It is likely that some or all of these permits may have been granted prior to application being made to the Siting Board. Therefore, members of the public interested in electric generation facility siting issues should not rely solely on the Siting Board process to gain notice of or comment upon such facilities.
The Department has its own procedures for gathering public input on pending permit applications.
Similarly, the Siting Board does not have jurisdiction over matters that fall under the authority of other state or federal agencies. Such issues include, but are not limited to:
- Endangered or threatened species
- Historic preservation
- Aviation safety
Public Input Opportunities for DEP Permits Typically Issued to Kentucky Power Plants
| Type of Permit | Public Comment Periods (Opportunities to submit written comments) | Public Hearing Opportunities (Opportunities to present verbal comments) |
|---|---|---|
| Air Quality Permit | 30-day public comment period on the draft permit. | Members of the public can request a hearing during the public comment period. DEP may self-initiate a public hearing if there is significant public interest. |
| KPDES Permit for Wastewater Discharge | 30-day public comment period on the draft permit. | Members of the public can request a hearing during the public comment period, or DEP may self-initiate a public hearing if there is significant public interest. |
| Special Waste Landfill Permit for Ash Management |
30-day public comment period notice when the application is administratively complete. 30-day public comment period on the draft permit. |
Members of the public can request an informational hearing with the Department during the permit application public comment period. Members of the public can request a hearing with a Cabinet Hearing Officer during the draft permit public comment period. |
| Water Withdrawal Permit (Non-Utilities only) | 30-day public comment period if there will be an inter-basin water transfer. An inter-basin transfer is when water is withdrawn from one stream system and then discharged into a different stream system. | No public hearings. |
Contact Information
Comments may be submitted to the attention of the Kentucky State Board on Electric Generation and Transmission Siting to the address below or through the KY PSC's Public Comment page. Please reference the Case Number when submitting comments. Follow the directions regarding commenting on a case: https://psc.ky.gov/Home/Contact