The Ohio Power Siting Board (OPSB) has a comprehensive, multi-phased process for siting certain energy generation and transmission infrastructure facilities that fall within the definition of a “major utility facility.” Ohio Revised Code (R.C.) 4906.01(B)(1)(a). Specifically, the following types of projects are treated as a “major utility facility” and must receive a Certificate of Environmental Compatibility and Public Need from OPSB:

• Energy generation facilities: Wind projects are designed for, or capable of, operation at an aggregate capacity of five or more megawatts (MW), and for all other energy generation projects that are designed for, or capable of, operation of 50 MW or more.
• Intrastate electric transmission lines: Facilities and associated facilities with a design capacity of 125 kilovolts or more.
• Intrastate gas pipelines: Facilities greater than 500 feet in length, with an outside diameter greater than nine inches, and are designed for transporting gas at a maximum allowable pressure in excess of 125 pounds per square inch.

Bricker & Eckler’s energy team has extensive experience and deep knowledge of the OPSB process. Our attorneys have represented the successful certification of over 10,000 MW of new, non-utility generation and dozens of intrastate transmission projects.

Our team utilizes a project management approach to support developers through all facets of the siting process, including application preparation, the OPSB investigation, hearings, litigation, and appeals. We understand the interplay of the siting process with other critical project components, including financing and delivery requirements, and work closely with project teams to coordinate the siting process with these milestones.

Outside of the immediate siting process, we routinely support project developers on issues relating to property tax abatements, real estate, construction, financing due diligence and government relations.