Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 11.00 - Licensing Of Hydropower Generating Facilities › Section 11.03 - Coordination of Permitting and Licensing When an ENF Is Being Filed

Current through Register 1525, July 5, 2024
(1)
Applicability
.
			 This Part applies when a developer is filing an Environmental Notification Form
			 (ENF).
(2)
Review of
			 Draft Notification Form
. Before filing with the agencies, the
			 developer shall submit a draft version of the combined ENF-Hydropower
			 Supplement to the Council. The Council shall make a determination, not later
			 than ten days after receiving such draft form, whether or not it is complete.
			 The Council may reject a draft form which is patently deficient or it may
			 accept it but recommend to the developer that supplementary information be
			 included that would improve and expedite the permitting and licensing agencies'
			 review process. The Council shall inform the developer in writing of its action
			 within ten days of submission of the draft form.
(3)
Filing
. A
			 developer shall file the combined ENF-Hydropower Supplement in accordance with
			 the fihng instructions and "List of Agencies" in the Hydropower Supplement, in
			 the number of copies indicated. Evidence of proper filing shall be provided by
			 a developer to the Council.
Filing of the ENF-Hydropower Supplement shall be made at such
				point in project planning or management as a developer may deem to be
				appropriate to the circumstances of the project, but shall be made no later
				than 60 days after official notice in the Federal Register that such developer
				has filed for a license or exemption with the Federal Energy Regulatory
				Commission. A developer may request, and the Council may approve, an extension
				of this filing time upon a showing of good cause.
These filing instructions do not affect the requirement to
				publish a "notice of intent to submit an ENF", under M.G.L. c. 30, §§
				62-62H and implementing regulations, within 30 days before filing the
				ENF.
The Council may require a developer to submit information
				supplementing his filing to the agencies, in advance of the pre-licensing
				conference.
(4)
Effect of Filing
. Receipt of the ENF and Hydropower
			 Supplement by the agencies will trigger the Massachusetts Environmental Policy
			 Act review process and the review process of all agencies. The ENF and
			 Hydropower Supplement shall, at the option and indication of the developer in
			 such form, serve in lieu of the Notice of Intent for the local Conservation
			 Commission's review process under M.G.L. c. 131, § 40.
(5)
Arrangements for
			 Pre-Licensing Conference.
(a) The
			 Council shall set a date for any pre-licensing conference to be held under 980
			 CMR 11.03(6) after consultation with the MEPA Unit. This date shall be within
			 40 days after the Council receives an ENF and Hydropower Supplement, or within
			 30 days after publication in the Environmental Monitor under M.G.L. c. 30,
			 §§ 62-62H and implementing regulations, whichever is sooner. The
			 pre-licensing conference, whenever feasible, should be held in conjunction with
			 the MEPA Unit's "scoping session", held under M.G.L. c. 30, §§ 62-62H
			 and implementing regulations, and should be held at or near the project
			 site.
(b) The Council shall notify
			 or direct the developer to notify all agencies, federal regulatory agencies,
			 providers of financial assistance, the electric utility in whose service
			 territory the proposed facility is located, and other interested persons or
			 parties of the time, date and place of the pre-licensing conference.
			 Notification shall be a accomplished by mail and publication, as the Council
			 deems appropriate.