reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.04 - Institution of an Adjudicatory Proceeding

Current through Register 1525, July 5, 2024
(1)
Commencement of Proceeding
. Proceedings may be
			 initiated by a petition to construct, a petition for a certificate of
			 environmental impact and public interest, a petition for other matters over
			 which the Board has jurisdiction, or the Board's own motion.
(2)
Presiding
			 Officer.
(a) A Presiding Officer
			 shall be assigned by the Director to conduct each adjudicatory proceeding. The
			 Presiding Officer shall have the authority to take all actions necessary to
			 ensure a fair, orderly and efficient proceeding. Such actions may include, but
			 are not limited to: conducting evidentiary and public comment hearings;
			 conducting site visits; ruling on petitions to intervene or to participate in a
			 proceeding; establishing ground rules for a proceeding; holding procedural or
			 other conferences; regulating the course of the hearing; prescribing the order
			 in which evidence shall be presented; administering oaths and affirmations;
			 examining witnesses and requiring them to produce evidence which will aid in
			 the determination of any question of law or fact at issue; disposing of
			 procedural requests or similar matters; hearing and ruling upon motions;
			 issuing subpoenas; causing depositions to be taken; ruling upon offers of proof
			 and receiving relevant material and probative evidence; fixing the time for
			 filing briefs, motions and other documents in connection with hearing; and
			 excluding any person from a hearing for disrespectful, disorderly, or
			 contumacious language or conduct.
(b) A Presiding Officer may at any time
			 withdraw from a proceeding if the Presiding Officer deems himself or herself
			 disqualified. Should a Presiding Officer withdraw, another Presiding Officer
			 shall be appointed. Any party who becomes aware of grounds that may exist for
			 the disqualification of a Presiding Officer must immediately file an affidavit
			 which clearly sets forth the grounds for the disqualification.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.06 - Conduct of Adjudication

Current through Register 1525, July 5, 2024
(1)
Procedural Conferences.
(a) The Presiding Officer may schedule a
			 procedural conference, either on his or her own initiative or upon written
			 request by a party.
(b) At a
			 procedural conference the following matters may be considered:
1. the schedule for the proceeding;
2. simplification and limitation of issues;
			 and
3. such other matters as will
			 aid in the efficiency of the proceeding.
(c) Unless the Presiding Officer has approved
			 a stipulation to the contrary, statements made by any person at a procedural
			 conference shall not be evidence in the proceeding or in any subsequent
			 proceeding.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.07 - Post-hearing

Current through Register 1525, July 5, 2024
(1)
Briefs
. The
			 Presiding Officer may set a schedule for the filing of briefs to be submitted
			 by parties and limited participants. The purpose of briefs is to allow parties
			 and limited participants to provide written argument based on the evidence
			 properly entered into the record. Briefs also may be used to address specific
			 briefing questions posed by the Presiding Officer. Briefs may not be used to
			 submit new evidence.
(2)
Oral Arguments
. Oral argument at the close of a
			 hearing may, upon motion, be allowed at the discretion of the Presiding
			 Officer.
(3)
Other Post
			 Hearing Filings
. No post-hearing filings other than those allowed
			 for in 980 CMR 1.07(1) may be made without the permission of the Presiding
			 Officer.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.08 - Rendering of Decisions in Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1)
Form of
			 Decisions
. Every tentative and final decision shall be in writing
			 and shall contain a statement of the reasons therefor, including a
			 determination of issues of fact or law necessary to the decision.
(2)
Tentative
			 Decisions.
(a) A written
			 tentative decision shall be issued on each matter adjudicated by the Board
			 unless a quorum of the Board has heard the matter or has read the
			 evidence.
(b) A copy of any
			 tentative decision shall be sent to each party and limited participant in the
			 proceeding. The Presiding Officer shall designate a comment period, extending
			 at least seven days from the issuance of the tentative decision, during which
			 parties and limited participants may file written comments regarding the
			 tentative decision.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 980 CMR 2.00 describes the
			 Energy Facilities Siting Board and establishes rules for the conduct of Board
			 business.
(2)
Scope
.
			 980 CMR 2.00 is of general
			 applicability and applies, whenever appropriate, to all other sections of 980
			 CMR.
(3)
Effective
			 Date
.
			 980 CMR 2.00 shall take effect
			 on February 19, 2010, and shall apply to proceedings initiated after that
			 date.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.02 - Purpose and Functions of the Board

Current through Register 1525, July 5, 2024
(1)
Purpose of the Board
. The Board has been established
			 by M.G.L. c. 164, §69H. The Board is responsible for implementing the
			 energy policies contained in its enabling legislation in order to provide a
			 reliable energy supply for Massachusetts with a minimum impact on the
			 environment at the lowest possible cost. The powers and duties of the Board are
			 enumerated in M.G.L. c. 164, § 69H.
(2)
Primary Functions of the
			 Board
. Matters reviewed by the Board include petitions for:
(a) electric transmission lines
(b) electric generating facilities
(c) gas pipelines and storage
			 facilities
(d) oil refining,
			 storage, and transportation facilities
(e) hydropower generation facilities
The Board also has the authority to issue certificates of
				environmental impact and public interest, to approve the promulgation,
				amendment or repeal of the Board's regulations at 980 CMR; and to issue civil
				penalties to any applicant who violates an order of the Board.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.03 - Board Membership

Current through Register 1525, July 5, 2024
(1)
Description of the Board
. Pursuant to M.G.L. c. 164,
			 § 69H, the Board shall be composed of nine members: the Secretary of
			 Energy and Environmental Affairs; the Secretary of Housing and Economic
			 Development; the Commissioner of the Department of Environmental Protection;
			 the Commissioner of the Department of Energy Resources; two Commissioners of
			 the Commonwealth Utilities Commission; or the designees of any of the
			 foregoing; and three public members appointed by the Governor for a term
			 co-terminus with that of the Governor, one of whom shall be experienced in
			 environmental issues, one of whom shall be experienced in labor issues, and one
			 of whom shall be experienced in energy issues.
(2)
Chairman
. In
			 accordance with M.G.L. c. 164, § 69H, the Secretary of the Executive
			 Office of Energy and Environmental Affairs, or the Secretary's designee, shall
			 serve as Chairman of the Board. In the event of the absence, recusal, or
			 disqualification of the Chairman, the Commissioner of the Department of Energy
			 Resources shall appoint an acting chairman from the remaining members of the
			 Board.
(3)
Designees
. A Board member other than a public member
			 may nominate a designee to serve in his or her stead. Nomination shall be made
			 by a letter addressed to the Chairman and signed by the nominating official.
			 The nominating letter shall state whether the nomination is general or limited.
			 The nominating official may revoke a nomination at any time by letter to the
			 Chairman.
Once nominated, a general designee shall assume all
				responsibilities of the nominating official pursuant to M.G.L. c. 164,
				§§ 69G through 69S and
				980 CMR 2.00. The nominating
				official may temporarily suspend a general nomination by appearing personally
				at a Board meeting or proceeding and performing the responsibilities of a Board
				member.
A limited designee shall assume only those responsibilities set
				forth in the nominating letter. The nominating official may retain and perform
				or may further name another designee to perform all other
				responsibilities.
(4)
Replacement of Public Members
. In the event of the
			 resignation of a pubHc member, the Board Chairman shall notify the Governor in
			 writing within 15 days and shall request the appointment of a new public
			 member.
(5)
Compensation
. Any public member appointed by the
			 Governor shall receive compensation for his or her services in the amount
			 allowable by law, and shall be reimbursed by the State for all reasonable
			 expenses actually and necessarily incurred in the performance of his or her
			 official duties.
(6)
Effect of Board Actions
. No action taken by the Board
			 pursuant to
			 980 CMR 2.00 shall bind any
			 member of the Board or any designee for the purposes of any responsibilities of
			 such member or designee not solely related to the operation of the
			 Board.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.04 - Meetings: Voting

Current through Register 1525, July 5, 2024
(1)
Public Meetings
. All meetings of the Board shall be
			 open to the public to the extent required by M.G.L. c. 30A, §§ 1 lA
			 and 11 Ai4. All meetings of the Board shall be open to the press to the extent
			 required by law. The Board may establish specific policies regarding the use of
			 video cameras and other recording devices as necessary.
(2)
Notice of Public
			 Meetings
. Except in an emergency as provided by 980 CMR 2.04(3), a
			 notice of each meeting of the Board shall be filed with the Secretary of State,
			 and a copy thereof posted in the public office of the Executive Office for
			 Administration and Finance, at least 24 hours, not including Saturdays,
			 Sundays, or legal holidays, prior to the time of such meeting or
			 session.
(3)
Emergencies
. The Board may conduct a public meeting or
			 executive session without giving notice as required by 980 CMR 2.04(2), if it
			 determines that an emergency exists and that immediate, undelayed action by the
			 Board is imperative.
(4)
Executive Sessions
. The Board may in the course of a
			 public meeting vote to go into executive session. An executive session may be
			 held only as authorized by M.G.L. c. 30A, §§ llA
			 andll½
(5)
Records of Meetings
. The Board shall maintain accurate
			 records of its meetings, setting forth the action taken at each meeting,
			 including executive sessions. Either a full transcript of the meeting or a
			 summary of all matters voted shall be made available with reasonable promptness
			 after each meeting; provided, however, that votes taken in executive session
			 may be withheld from public disclosure for so long as their publication would
			 defeat the lawfiil purposes of the executive session, but no longer.
(6)
Quorum: Voting.
(a) A quorum consisting of four Board members
			 shall be required to conduct any meeting of the Board held for the purpose of
			 considering and voting upon an adjudicatory decision, or a proposal to adopt,
			 amend or rescind regulations, or any other matter requiring a vote of the
			 Board. A majority of members in attendance at a meeting shall be sufficient to
			 dispose of any question properly before the Board during the meeting at which
			 the question is taken up.
(b) Each
			 Board member or designee in attendance at a meeting shall be entitled to vote
			 on any matter which is properly before the Siting Board at that
			 meeting.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.05 - Delegation of Duties: Board Staff

Current through Register 1525, July 5, 2024
(1)
Delegation of Duties
. The Board may delegate
			 Board-specific responsibilities other than responsibility for the final
			 decision in any matter to the Board Chairman or to the Board staff. The staff
			 of the Siting Division of the Department of Public Utilities shall serve as
			 Board staff
(2)
Director
. The Director of the Board shall be appointed
			 by the Chairman of the Department of Public Utilities pursuant to M.G.L. c. 25,
			 § 12N to direct the work of the Board staff and to conduct the day-to-day
			 business of the Board. The Board, the Chairman, or the Chairman of the
			 Department of Public Utilities may delegate to the Director Board-specific
			 responsibilities other than the responsibility for the final decision in any
			 matter.
(3)
Board
			 Staff
The Chairman of the Department of Public Utilities may
			 appoint Board staff to assist the Board in performing its functions. Staff
			 functions shall include, among others: conducting adjudicatory, rulemaking, or
			 public comment hearings; rendering tentative decisions; and intervening in the
			 proceedings of other agencies. The Chairman of the Department of Public
			 Utilities may authorize the Director to appoint a Presiding Officer for an
			 adjudicatory or other proceeding conducted under 980 CMR.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.06 - Board Decisions

Current through Register 1525, July 5, 2024
(1) Issuance by the
			 Board of a final decision in an adjudicatory proceeding shall be governed by
			 980 CMR
			 1.08.
(2) Every final decision shall be in writing,
			 and shall contain a statement of the reasons therefore, including a
			 determination of the facts or law necessary to the decision. A signature page
			 shall be attached to each final decision. The signature page shall be signed by
			 the Board Chairman and shall indicate the vote of each Board member.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.07 - Action by Consent

Current through Register 1525, July 5, 2024
(1)
Scope
. Any decision of the Board, except the final
			 decision in any adjudicatory proceeding, may be made by action by consent
			 pursuant to the procedures of 980 CMR 2.07. These procedures shall be used only
			 when the Board, in its discretion, determines that expeditious action is
			 necessary.
(2)
Procedure
. The Chairman shall prepare a document
			 entitled "Action by Consent" which sets forth the decision proposed to be taken
			 by the Board. The document or copies thereof shall be presented to each member
			 of the Board for review. A member may indicate consent by affixing his
			 signature to the document or copy. The proposed action by consent shall be
			 deemed to have been taken when the document and copies bearing the signatures
			 of all Board members are returned to the Chairman. A proposed action by consent
			 shall become void if it does not receive all required signatures before the
			 beginning of any meeting of the Board held pursuant to
			 980 CMR
			 2.04.
(3)
Notice.
(a) Except in an emergency, a notice of each
			 proposed "Action by Consent" shall be filed with the Secretary of State, and a
			 copy thereof posted in the public office of the Executive Office for
			 Administration and Finance at least 24 hours, not including Saturdays, Sundays
			 and legal holidays, prior to the circulation of such proposed decision to Board
			 members for signature.
(b) The
			 notice shall state:
1. that the notice is for
			 an action proposed to be taken by unanimous written consent of the Board rather
			 than by meeting;
2. that the
			 proposed action by consent shall become void if not signed by all Board members
			 prior to the next meeting of the Board; and
3. the full and complete text of the proposed
			 action by consent, or, if the proposed action by consent consists of more than
			 200 words, a summary of its terms and a statement that the full text may be
			 obtained at the offices of the Board.
(c) For the purpose of
			 980 CMR 2.06,
			 "emergency" shall mean a situation in which immediate action without delay is
			 deemed by the Board to be imperative.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.08 - Advisory Rulings

Current through Register 1525, July 5, 2024
In accordance with M.G.L. c. 30A, § 8, any person may at
				any time request,
via
written petition, an advisory ruling
				with respect to the applicability of any statute or regulation enforced or
				administered by the Board to any person, property or factual situation. A
				petition shall be signed by the applicant, contain the applicant's address,
				state clearly and concisely the substance or nature of the request, and contain
				an affidavit or attestation that all of the facts presented are true to the
				best of the applicant's knowledge. The petition shall be accompanied by any
				supporting data, views or arguments. Upon receipt of the petition, the Board
				shall consider it and shall, within 60 days after the receipt of the request,
				notify the applicant either that the request is denied or that the Board will
				render an advisory ruling. In order to assist the Board in considering the
				request, the Director may require additional information as he or she deems
				appropriate. At any time before issuance of an advisory ruling, the Board may
				rescind a decision to render an advisory ruling. If the advisory ruling is
				rendered, a copy of the ruling shall be sent to the applicant. A complete
				record of every advisory ruling shall be maintained by the Board. No advisory
				ruling shall bind or otherwise estop the Board in any pending or future matter.
				There shall be no obligation to render an advisory ruling.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 2.00 - General Information And Conduct Of Board Business › Section 2.09 - Determination of Board Jurisdiction

Current through Register 1525, July 5, 2024
(1) An
			 applicant may at any time petition the Board for a determination of whether
			 construction, expansion, or other modification of a proposed electric
			 generating unit, electric transmission line, ancillary structure, natural gas
			 pipeline, natural gas storage facility, oil pipeline, oil refinery, oil storage
			 facility, oil transshipment facility, or other facility is subject to Board
			 jurisdiction, is not subject to Board jurisdiction, or may qualify for a
			 Certificate pursuant to
			 980 CMR 6.00.
(2) The petition shall state the name of the
			 applicant and describe the nature of the facility for which a determination is
			 being sought. The petition shall be accompanied by a draft legal notice for
			 publication and such written legal argument or other information as the
			 applicant may consider appropriate. The Board may require that the applicant
			 provide additional information after the petition is filed.
(3) The applicant shall give notice of the
			 petition by publishing the legal notice approved by the Presiding Officer in at
			 least one newspaper of general circulation and as otherwise ordered by the
			 Presiding Officer. The notice shall specify that any person may submit written
			 legal argument or other information regarding the petition. The notice shall
			 specify the deadline for such submissions, which shall be not less than 14 days
			 after the initial date of publication.
(4) Within four months of the petition filing
			 date, the Board shall issue a final decision on jurisdiction. The final
			 decision shall address only those issues necessary to decide the extent to
			 which a proposed facilify is within Board jurisdiction, is not subject to Board
			 jurisdiction, or may qualify for a Certificate pursuant to
			 980 CMR 6.00. The Board's
			 decision shall be final.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 4.00 - Freedom Of Information; Protection Of Trade Secrets › Section 4.01 - General

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 980 CMR 4.00 is to provide for
			 free public access to all records of the Council with certain exceptions.
			 Exceptions shall be construed strictly and narrowly. The purpose of
			 980 CMR 4.00 is also to
			 provide protection for certain trade secrets, where such protection is both
			 appropriate and provided for by law.
(2)
Scope
.
			 980 CMR 4.00 shall apply to
			 all records of the Council including all books, papers, maps, photographs,
			 recorded tapes, financial statements, statistical tabulations, or other
			 documentary materials or data, regardless of physical form or characteristics,
			 made or received by any member of the Council in her or his official capacity
			 or by any employee of the Council.
(3)
Statutory
			 Authority
.
			 980 CMR 4.00 is promulgated
			 pursuant to M.G.L. c. 4, § 7; c. 66, § 10; c. 164, § 69H; and c.
			 164, § 69L.
(4)
Definitions
. For purposes of
			 980 CMR 4.00, the definitions
			 set forth in
			 980 CMR 2.03(3)
			  apply, unless the context or subject matter
			 requires a different interpretation.
(5)
Application of
			 980 CMR 2.00
.
			 980 CMR 2.00 shall apply to
			 980 CMR 4.00 except to the
			 extent that
			 980 CMR 2.00 and
			 4.00 are in conflict. In the
			 event of a conflict,
			 980 CMR 4.00 shall
			 prevail.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 4.00 - Freedom Of Information; Protection Of Trade Secrets › Section 4.02 - Access to Information

Current through Register 1525, July 5, 2024
(1)
Right to Information
. Any person shall be allowed
			 access to any record of the Council unless the record is exempted by
			 980 CMR 4.03(1)
			  or protected by
			 980 CMR
			 4.04(1).
(2)
Procedure.
(a) A person seeking access to records of the
			 Council should request access in person at the offices of the Council (100
			 Cambridge Street, Boston, Massachusetts 02202, Room 2109), by telephone
			 (617-727-1136), or by first class mail.
(b) No charge shall be made for inspection of
			 records.
(c) The Council may
			 require a person desiring copies of any record to pay in advance the actual
			 cost of preparing such copies.
(d)
			 Any person not satisfied with the access provided pursuant to 980 CMR
			 4.02(2)(a) should prepare a written request for inspection or copy of a public
			 record pursuant to M.G.L. c. 66, § 10. The request should be delivered in
			 hand or mailed via first class mail, certified, return receipt requested, to
			 the Chairman at the offices of the Council, Room 2109, 100 Cambridge Street,
			 Boston, Massachusetts 02202.
(e) If
			 the Chairman refiises or fails to comply with a request made pursuant to M.G.L.
			 c. 66, § 10 within 20 days after receipt of the said request, the person
			 requesting access may resort to the courts as set forth in said M.G.L. c. 66,
			 § 10.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 4.00 - Freedom Of Information; Protection Of Trade Secrets › Section 4.03 - Exempt Information

Current through Register 1525, July 5, 2024
(1)
General Principles
. Records which are exempted by 980
			 CMR 4.03(2) shall not be made available to the public. Only that part of a
			 record which comes within an exemption shall not be made available. Those parts
			 of a record which are not exempt shall be made available through the procedures
			 of
			 980 CMR 4.02(2)
			  provided that the Council may require a
			 person seeking access to information to pay the actual cost of separating
			 exempt fix)m non-exempt information.
(2)
Exemptions
.
			 Records shall not be made available to the public if they are within any of the
			 enumerated exemptions in the 26th clause of M.G.L. c. 4, § 7.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 4.00 - Freedom Of Information; Protection Of Trade Secrets › Section 4.04 - Methods or Processes Entitled to Protection

Current through Register 1525, July 5, 2024
(1)
General
. An
			 applicant for a Certificate of Environmentallmpact and Public Need or any other
			 person may assert that any information obtained by or submitted to the Council
			 in connection with an application for a Certificate relates to methods or
			 processes entitled to protection as a trade secret.
The procedures of 980 CMR 4.04 shall also be available to any
				person in connection within any other type of proceeding before the Council,
				including forecast and supplement proceedings pursuant to
				980 CMR 7.00 and proceedings
				relating to a Notice of Litention filed pursuant to
				980 CMR 8.00. The procedures
				shall also be available for any information sought to be protected xmder any of
				the exemptions referred to in
				980 CMR
				4.03(2).
Any person or party submitting a document or record to the
				Council for any purpose other than for purposes of a determination as provided
				in this Part and seeking protection of the confidentiality of such document or
				record pursuant to this Part, must petition the Council as provided by 980 CMR
				4.04(2) at least 30 days before submission. The requirement of the prior
				sentence shall not apply to information submitted pursuant to a request of the
				Council or of a party, provided that the person or party seeking protection of
				the document or record waives the right of withdrawal provided by 980 CMR
				4.04(4).
(2)
Petition
. Such applicant or person shall present a
			 written petition to the Council.
The petition shall:
(a) Include a complete copy of all documents
			 sought to be protected;
(b) State
			 the reasons why the Council should protect the information in such detail as
			 shall enable the Council to reach a decision; and
(c) Include a copy of all documents sought to
			 be protected, edited to exclude only the precise information sought to be
			 protected.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 4.00 - Freedom Of Information; Protection Of Trade Secrets › Section 4.05 - Introduction of Confidential Information in Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1)
General Purpose
.
			 If any information is determined pursuant to
			 980 CMR
			 4.04 to consist of trade secrets or other
			 matter entitled to protection or is exempt from public access for any other
			 reason, it may be introduced into evidence in an adjudicatory proceeding by a
			 party under the provisions of 980 CMR 4.05.
(2)
Procedures for Introduction
			 of Confidential Information
.
(a)
			 The party seeking to introduce confidential information must first satisfy the
			 Council that the information consists of trade secrets or other matters
			 entitled to protection or is exempt from public access.
(b) Every party shall be entitled to hear or
			 review confidential information and, as appropriate, to cross-examine
			 witnesses, to object to the introduction of evidence, and to exercise all other
			 rights available to a party.
(c)
			 The Council shall take such measures and issue such orders as may be
			 appropriate and necessary to protect the confidentiality of information and to
			 preserve the rights of all parties. Such measures may include the exclusion of
			 the public from portions of hearings and the separate and protected fiHng of
			 portions of transcripts and items of evidence. Such orders may include orders
			 that parties and their counsel not reveal confidential information to any other
			 person.
(d) Any party may without
			 prejudice to any rights elect not to hear or review confidential
			 information.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 5 - Environmental Assessment And Environmental Impact Energy Facilities Siting Council › Section 5.01 - General

Current through Register 1525, July 5, 2024
(1)
Scope
. 980 CMR
			 5.00 governs the application of the Massachusetts Environmental Policy Act,
			 M.G.L. c. 30, §§ 61-62H to proceedings of the Energy Facilities
			 Siting Council.
(2)
Statutory Authority
. 980 CMR 5.00 is promulgated
			 pursuant to the authority of M.G.L. c. 164, § 69H, 69H!/2, and
			 691.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 5 - Environmental Assessment And Environmental Impact Energy Facilities Siting Council › Section 5.02 - Environmental Assessment

Current through Register 1525, July 5, 2024
(1)
Environmental Assessment and Impact Reports
. During
			 the course of its review of long-range forecasts, supplements, and notices of
			 intent, the Siting Council is not required to comply with the procedural
			 requirements of the Massachusetts Environmental Policy Act.
See
M.G.L. c. 164, § 691. Nevertheless, the Council shall
			 comply in all of its proceedings with the environmental policies of the
			 Commonwealth as these are set forth in Article 49 of the Constitution, M.G.L.
			 c. 30, § 61, and environmental statutes and regulations.
The Siting Council shall comply with procedural and
				substantive requirements of M.G.L. c. 30, §§ 61-62H and implementing
				regulations of the Executive Office of Environmental Affairs in all of its
				rulemaking proceedings pursuant to Chapter C of its regulations.
An applicant for a certificate of environmental impact and
				public need pursuant to Chapter F of 980 CMR 5.00 shall comply with the
				procedural and substantive requirements of M.G.L. c. 30, §§ 61-62H
				and implementing regulations of the Executive Office of Environmental
				Affairs.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 6.00 - Certification Of Environmental Impact And Public Need › Section 6.01 - General

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 980 CMR 6.00 shall apply to
			 complaints to the Council from the actions of other state and local agencies.
			 Such complaints are provided for by M.G.L. c. 164, §§ 69K through 690
			 and are entitled applications for Certificates of Environmental Impact and
			 Public Need.
(2)
Statutory Authority
.
			 980 CMR 6.00 is promulgated
			 pursuant to M.G.L. c. 164, ss. 69H, 69K-690.
(3)
Definitions
. For
			 purposes of
			 980 CMR 6.00 the definitions
			 set forth in
			 980 CMR 1.03(3)
			  and 6.01(3) apply, unless the context or
			 subject matter requires a different interpretation.
Applicant
means an electric, gas or oil
				company which is authorized pursuant to
				980 CMR 6.02(4)
				 to file an application.
Application
means an application for a
				Certificate.
Certificate
means a Certificate of
				Environmental Impact and Public Need.
Final decision
means an action by a
				state or local agency which is subject to judicial review pursuant to M.G.L. c.
				30A, § 14 or pursuant to any other general law or statute of the
				Commonwealth.
Subject Facility
means the facility
				which is the subject of an initial petition or application.
Permit
means a permit, license,
				approval, certificate, consent or other permission required for an applicant to
				construct, operate or maintain a facility.
(4)
Application of
			 980 CMR 1.00 and
			 2.00
.
			 980 CMR 1.00 and
			 2.00 shall apply to
			 980 CMR 6.00 except to the
			 extent that
			 980 CMR 1.00,
			 980 CMR 2.00 and
			 980 CMR 6.00 are in conflict.
			 In the event of a conflict,
			 980 CMR 1.00 shall prevail
			 over
			 980 CMR 2.00 and
			 980 CMR 6.00 shall prevail
			 over
			 980 CMR 1.00 and
			 2.00.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 6.00 - Certification Of Environmental Impact And Public Need › Section 6.03 - The Application

Current through Register 1525, July 5, 2024
(1)
Basis for the Application
. If an initial petition
			 filed pursuant to
			 980 CMR 6.02(1)
			  is granted or if a decision on a petition is
			 deferred as provided by
			 980 CMR
			 6.02(4), the petitioning
			 company may file an application for a Certificate of Environmental Impact and
			 Public Need. In any event the initial petition and application shall be given
			 the same docket number. Each separate facility shall require a separate
			 application. The Council may in its discretion consider applications in a
			 single proceeding.
When adjudicatory findings of fact in the context of a final
				decision made by an agency within the statutory jurisdiction of said agency are
				challenged by an application, review by the Council of said findings shall be
				limited to the record presented before the agency; provided, however, that the
				Council may modify the agency findings of fact or substitute its own findings
				therefore if the Council determines that said agency findings are:
(a) In excess of the statutory authority or
			 jurisdiction of the agency;
(b)
			 Unsupported by substantial evidence;
(c) Arbitrary or capricious or an abuse of
			 discretion; or
(d) Not sufficient
			 to permit adequate Council review of the application pursuant to the Council's
			 obligation to insure a necessary energy supply at the lowest possible cost with
			 a minimum impact on the environment.
Any party wishing to challenge agency findings of fact shall
				specify which of grounds 980 CMR 6.03(l)(a) through 6.03(l)(d) above, is relied
				upon and shall state the substance of his claim, including citations to the
				portions of the agency record he relies upon.
In such cases, the Council may take evidence itself or remand
				questions of fact to the agency for further proceedings, consistent with the
				time limits set forth in M.G.L. c. 164, ss. 69K-690.
In reviewing facts found by an agency, the Council shall give
				due weight to the experience, technical competence and specialized knowledge of
				the agency. Nothing in this section is intended to limit the authority of the
				Council to decide questions of fact not raised or decided in the context of the
				final decision of the agency.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 6.00 - Certification Of Environmental Impact And Public Need › Section 6.04 - Conduct of Hearing

Current through Register 1525, July 5, 2024
(1)
The
			 Date of the Hearing
. The Council or the Chairman shall set a time
			 and place for an adjudicatory hearing after receipt of a complete
			 application.
(2)
Informational Hearing
. The Council may conduct
			 non-adjudicatory hearings in the vicinity of a subject facility after the
			 filing of the application and before commencement of the adjudicatory
			 hearing.
(3)
Notice of
			 Hearing; Written Comments
. Notice of the hearing shall be provided
			 as required by
			 980 CMR
			 1.03(3).
(4)
Additional
			 Information
. The Council may during the course of any hearing held
			 pursuant to this Chapter require the submission of such additional information
			 and exhibits as the Council deems useful.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 6.00 - Certification Of Environmental Impact And Public Need › Section 6.05 - Council Decisions

Current through Register 1525, July 5, 2024
(1)
Time Limit
. The Council shall vote a final decision no
			 later than six months after the date of filing of an application.
(2)
Lack of
			 Majoritv
. If a majority of Council members participating in the
			 votes cannot be obtained for denjdng the application, granting the application,
			 or granting the application subject to terms and conditions, the application
			 shall be considered denied. Such a denial may be treated by the applicant at
			 its option as a denial without prejudice to its right to file another initial
			 petition in regard to the same matter or as a final agency action entitling it
			 to judicial review.
(3)
Form of Certificate
. A decision shall be in writing
			 and shall set forth its basis in law and fact. It shall include specific
			 findings and opinion with regard to:
(a) The
			 need for the facility to meet the energy requirements of the applicant's market
			 area taking into account wholesale bulk power, gas or oil sales or piu-chases
			 or other cooperative arrangements with other utilities or oil companies and
			 energy policies as adopted by the Commonwealth;
(b) The compatibility of the facility with
			 considerations of environmental protection, public health and public
			 safety;
(c) The extent to which
			 construction and operation of the facility will fail to conform with existing
			 state and local laws, ordinances, bylaws, rules and regulations and
			 reasonableness of exemption thereunder, if any consistent with the
			 implementation of the energy policies contained in this act to provide a
			 necessary energy supply for the Commonwealth with a minimum impact on the
			 environment at the lowest possible cost; and
(d) The pubUc interest, convenience and
			 necessity requiring construction and operation of the facility.
The Coxincil shall state the extent to which the decision is or
				is not based upon the above findings and opinion.
If the application is granted, the Council's decision shall
				constitute a Certificate of Environmental Impact and Public Need. If the
				application relates to more than one permit, the Council may issue a
				Certificate with regard to all such permits or less than all. When issued, a
				Certificate shall serve in lieu of the permit in question.
The Certificate may, according to its terms, authorize the
				applicant to construct, operate or maintain a facility. It shall be sufficient
				to serve in lieu of the permit required from the agency complained of The
				applicant shall not be required to reapply for the permit to the agency
				complained of, nor may the agency complained of impose or enforce any law,
				ordinance, by-law, rule or regulation in conflict with the terms of the
				Certificate.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 6.00 - Certification Of Environmental Impact And Public Need › Section 6.06 - Emergencies

Current through Register 1525, July 5, 2024
(1)
Definitions
. For
			 purposes of 980 CMR 6.06 "emergency" means an accident, act of God or unforseen
			 condition which jeopardizes the health and safety of the public.
(2)
Waiver of
			 Requirements
. When an emergency exists or has occurred, the
			 Council may grant a Certificate to a company without requiring that the subject
			 facility have been included in an approved long-range forecast or supplement or
			 that a Notice of Intention have been approved by the Council.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.02 - Procedures

Current through Register 1525, July 5, 2024
(1)
Petition
. A
			 petition, as used in Part, shall consist of any long-range forecast,
			 supplement, or amended forecast filed with Council pursuant to
			 980 CMR 7.00. A complete
			 petition shall be deemed to have commenced an adjudicatory
			 proceeding.
(2)
Title;
			 Other Required Information
. In addition to the information
			 required by
			 980 CMR
			 7.03 -
			 7.08,
			 every petition, as far as possible, shall contain the following:
(a) a title which indicates the nature of the
			 proceedings, whether a long-range forecast, a supplement, or an amended
			 forecast, and the complete name and address of the lead company fillng the
			 petition and of any other company or companies for which it is filed;
(b) the name and address of the officer of
			 the company to whom communications with respect to the petition should be
			 addressed and, if the company is represented by coiunsel, the name and address
			 of counsel;
(c) a reference to the
			 statute pursuant to which the petition is filed; and
(d) a request that the long-range forecast,
			 supplement, or amended forecast which is the subject of the petition be
			 approved.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.03 - Demand Forecasts by Electric Companies

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. 980 CMR 7.03 sets forth the
			 requirements for forecasts of demand which every electric company must meet in
			 each long-range forecast. A long-range forecast, including a demand forecast,
			 must be filed on the dates set forth in
			 980 CMR
			 7.02(3)(a). Every electric
			 company must file a long-range forecast. Forecasts of demand shall be submitted
			 and reviewed so that the Council may better determine whether plans for new
			 facilities as proposed by electric companies are in conformity with the energy,
			 environmental and economic policies of the Commonwealth.
(2)
Description of
			 Agreements.
(a) A long-range
			 forecast shall include summary descriptions of all existing agreements with
			 other electric companies relating to joint planning or joint forecasting of
			 electric power needs, to construction of future facilities, or to the purchase
			 or sale of electric power or reserve capacity. This description shall include:
1. the name of the parties to each agreement,
			 identifying the role of each party;
2. the Federal Energy Regulatory Commission
			 or Massachusetts Depart- ment of Public Utilities Docket or File Number, if
			 any, associated with the agreement;
3. the commencement and termination dates of
			 each agreement;
4. for agreements
			 for the purchase or sale of electricity, the amount of power that will or may
			 be bought or sold in each year covered by the long-range forecast, expressed in
			 MW and/or MWH (if no MW or MWH figure is expressed in the contract, the
			 forecasting company shall estimate the MW or MWH requirements needed to fulfill
			 the contract); and
5. for
			 agreements of the joint planning or forecasting of electricity needs, a summary
			 of the provisions of the agreement.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.04 - Supply Plans of Electric Companies

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose.
(a)980 CMR 7.04 sets forth the requirements
			 for a statement of supply resources and plans which every electric company must
			 meet in each long-range forecast. A long-range forecast, including supply
			 plans, must be filed on the dates set forth in
			 980 CMR 7.02(3)(a)
			  in the same manner as provided by
			 980 CMR
			 7.03(1). Except as otherwise
			 provided by this section or
			 980 CMR
			 7.05(3), every faciUty
			 expected to commence operation in the tenth year after the date of a forecast
			 must be included in the supply plans required by 980 CMR 7.04(8). For purposes
			 only of the long-range forecast required to be submitted on or before May 1,
			 1976, a company must include pursuant to 980 CMR 7.04(8) all facilities
			 expected to commence operation at any time prior to December 31, 1985, and not
			 exempted from Council authority for any reason. Facilities expected to commence
			 operation more than ten years after the date of the forecast may be included in
			 the supply plan. Only those facilities required to be described as set forth in
			 980 CMR 7.04(8) are subject to Council approval or disapproval. Information
			 concerning other construction projects must in any event be provided to the
			 extent required by 980 CMR 7.04(5), (6) and (7).
(b) Statements of supply plans shall be
			 submitted and reviewed so that the Council may better determine whether the
			 supply plans will fulfill the energy, environmental and economic policies of
			 the Commonwealth.
(c) As provided
			 by 980 CMR 7.04(l)(b), an electric company may include a proposed facility in a
			 forecast or modify the plans for a proposed facility pursuant to 980 CMR
			 7.04(8) nine years or less before it is expected to commence operation, if the
			 electric company's plans have changed, requiring the completion of a facility
			 nine years or less after the date of the forecast under consideration. The
			 company shall notify the Council of such change of plans or proposed facility
			 as early as possible. The notification may be in the form of the filing of a
			 long-range forecast, amended forecast, supplement, or in the form of a motion
			 to amend an approved forecast or supplement or a forecast or supplement then
			 under consideration. The circumstances and factors necessitating the change in
			 plans and the completion of a facility shall be fully described in said
			 notification.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.05 - Annual Supplements by Electric Companies

Current through Register 1525, July 5, 2024
(1)
Scope and
			 Purpose
. 980 CMR 7.05 sets forth the requirements for annual
			 supplements which every electric company must file on the dates set forth in
			 980 CMR
			 7.02(3)(b). Annual
			 supplements shall be submitted so that the Council may review any significant
			 proposed changes in the information contained in previously approved forecasts
			 and supplements, so that the Council may determine whether plans for new
			 faciUties as proposed by electric companies will fiilfill the energy,
			 environmental and economic policies of the Commonwealth.
(2)
Content of
			 Supplements.
(a) Each annual
			 supplement shall set forth appropriate changes in the company's long-range
			 forecast, as previously supplemented, considering at least a ten year period
			 succeeding the date on which the current supplement is filed. Any new facility
			 expected to commence operation in the tenth year after the said date must be
			 included in the supplement. Any new facility for which Council approval is
			 required and which is expected to commence operation nine years or less after
			 the said date may be included only as provided by
			 980 CMR
			 7.04(l)(c). Each supplement
			 shall explain any differences between the most recent previous forecast or
			 supplement and the current supplement and events occurring in the year since
			 the previous forecast or supplement was filed. Each supplement shall fiilfill
			 or report the fialfiUment of any stated conditions that the Council, in
			 granting a qualified approval of a previously filed long-range forecast or
			 supplement, may have required the forecasting company to meet in its annual
			 supplement or by the time such supplement is filed.
(b) hi the event that an annual supplement
			 represents the first filing by a company or that a company did not file the
			 next previous long-range forecast, the supplement must, unless an intervening
			 supplement has done so, contain all information normally required by
			 980 CMR
			 7.03 and
			 7.04
			 to be filed in connection with a long-range forecast.