Section 236.104. Siting process

(a) The applicant shall screen this Commonwealth for potentially suitable sites using the criteria in § § 236.121—236.128 (relating to Phase I screening requirements). Screening shall be conducted consistent with the applicant’s siting plan under § 236.103 (relating to siting plan), proposal and contract with the Department made under section 306 of the act (35 P. S. § 7130.306). The applicant shall propose three preferred potentially suitable sites and submit those sites to the EQB for approval.

(b) The EQB will hold at least one public information meeting and one public hearing in each proposed potentially suitable area, evaluate the three proposed potentially suitable sites and determine compliance with § § 236.121—236.128. As part of this determination, the EQB will make a determination that the screening process has identified three of the best potential locations in this Commonwealth, based on the administrative record before the EQB. The administrative record shall consist of the screening report, site justification report, the study of short and long term environmental effects on the potentially suitable sites, the conclusions and siting recommendations of the Department, the testimony presented at the EQB’s public hearings and comments received during the comment period.

(c) Upon preliminary approval of the three preferred potentially suitable sites by the EQB, the applicant shall obtain access to the sites and conduct detailed characterization studies under § § 236.141—236.149 (relating to Phase II site suitability requirements). The studies shall be conducted consistent with the applicant’s site characterization plan, proposal and contract with the Department made under section 306 of the act. After concluding the characterization studies, the applicant shall select the site to be considered for licensing.

(d) Detailed site characterization at a site may be discontinued by the applicant if conditions are encountered that would prevent that site from meeting the Phase I site screening evaluation requirements or the Phase II site suitability requirements. If no disqualifying conditions are encountered, the applicant shall continue detailed site characterization.

(e) If disqualifying conditions are encountered at the three sites, the applicant shall submit three other potentially suitable sites under this section prior to reinitiation of Phase II.

Notation

Cross References

This section cited in 25 Pa. Code § 236.141 (relating to general requirements).