69-09-10-03. Abandonment and useful life - Certificate of operation.

1. After construction of a facility is complete, the owner annually shall file a certificate of operation with the commission for that facility by April first of each year.

2. A facility is presumed to be at the end of its useful life if its annual capacity factor is less than five percent for two consecutive years.

3. A facility is presumed to be abandoned if, after commencement of construction and prior to completion, a period of twenty-four consecutive months has passed with no significant construction.

4. A presumption under this section may be rebutted by filing a plan for commission approval outlining the steps and schedule for continuing construction or operation of the facility.

History: Effective July 1, 2020.