(Adopted: July 21,1980) (Amended: 10/27/93)

RULE 1311


This section shall apply to all electrical energy generating

facilities (EEGFs) proposed to be constructed in the

District and for which a Notice of Intention (NOI) or

Application for Certification (AFC) has been accepted by the

California Energy Commission (Commission).

(A) Intent to Participate and Preliminary Report

Within fourteen days of receipt of an NOI, the APCO shall

notify the California Air Resources Board and the Commission

of the District's intent to participate in the NOI

proceeding. If the District chooses to participate in the

NOI proceeding, the APCO shall prepare and submit a report

to the ARB and the Commission prior to the conclusion of the

nonadjudicatory hearings specified in Section 25509.5 of the

Public Resources Code. That report shall include, at a


(1) a preliminary specific definition or description of

BACT for the proposed facility; and

(2) a preliminary discussion of whether there is a

substantial likelihood that the requirements of this

regulation and all other District regulations can be

satisfied by the proposed facility; and

(3) a preliminary list of conditions which the proposed

facility must meet in order to comply with this

regulation or any other applicable District

regulation. The preliminary determinations contained

in the report shall be as specific as practicable

within the constraints of the information contained in

the NOI.

(B) Determination of Compliance Review

Upon receipt of an AFC for an EEGF, the APCO shall conduct a

Determination of Compliance review. This Determination

shall consist of a review identical to that which would be

performed if an application for an authority to construct

had been received for the EEGF. If the information

contained in the AFC does not meet the requirements which

would otherwise comprise a complete application pursuant to

these regulations, the APCO shall, within 20 calendar days

of receipt of the AFC, so inform the Commission, and the AFC

shall be considered incomplete and returned to the applicant

for resubmittal.

(C) Application for an Authority to Construct

The APCO shall consider the AFC to be equivalent to an

application for an authority to construct during the

Determination of Compliance review, and shall apply all

provisions of these regulations which apply to applications

for an authority to construct.

(D) Additional Information

The APCO may request from the applicant any information

necessary for the completion of the Determination of

Compliance review. If the APCO is unable to obtain the

information, the Executive Officer of the ARB may petition

the presiding Commissioner for an order directing the

applicant to supply such information.

(E) Preliminary Decision

Within 180 days of accepting an AFC as complete, the APCO

shall make a preliminary decision on:

(1) whether the proposed EEGF meets the requirements of

this regulation and all other applicable District

rules and regulations; and

(2) in the event of compliance, what permit conditions

will be required, including the specific BACT


(F) Public Notice Requirements - Preliminary Decision

The preliminary written decision made under subsection (E)

shall be treated as a preliminary decision under Rule

1310(B)(1) and shall be finalized by the APCO only after

being subject to the public notice and comment requirements

of Rule 1310.

(G) Determination of Compliance

Within 240 days of the filing date, the APCO shall issue and

submit to the Commission a Determination of Compliance or,

if such a Determination cannot be issued, shall so inform

the Commission. A Determination of compliance shall confer

the same rights and privileges as an authority to construct

only when and if the Commission approves the AFC, and the

Commission certificate includes all conditions of the

Determination of Compliance.