Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.01 - Scope and Construction of Rules

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 980 CMR 1.00 shall govern the
			 conduct of adjudicatory proceedings before the Energy Facilities Siting
			 Board.
(2)
Application
			 of
			 980 CMR 1.00
.
			 980 CMR 1.00 shall apply to
			 all adjudications conducted by the Board except when a specific provision of
			 980 CMR indicates otherwise.
(3)
Effective Date
.
			 980 CMR 1.00 shall take effect
			 on February 19, 2010, and shall apply to proceedings initiated after that
			 date.
(4)
Definitions
. For the purpose of 980 CMR, the following
			 definitions shall apply unless the context or subject matter requires a
			 different interpretation:
Applicant
means a person who submits to
				the Board an application or petition seeking determination of a matter within
				the Board's jurisdiction, or who, pursuant to M.G.L. c. 25, § 4, has a
				matter referred to the Board by the Chairman of the Department of Public
				Utilities pursuant to M.G.L. c. 164, § 69H.
Board
means the Energy Facilities
				Siting Board.
Board Member
means any of the nine
				persons set forth in
				980 CMR 2.03(1)
				 or any person named to serve as a designee
				under the terms of
				980 CMR
				2.03(3).
Chairman
means the Chairman of the
				Energy Facilities Siting Board, as described in
				980 CMR
				2.03(2).
Director
means the person appointed by
				the Chairman of the Department of Public Utilities to direct the work of the
				siting division and to conduct the day-to-day business of the Board as well as
				to perform any other duty delegated by the Chairman.
Facility
means any "facility" described
				in M.G.L. c. 164, § 69G including:
(a) any generating unit designed for or
			 capable of operating at a gross capacity of 100 megawatts or more, including
			 associated buildings, ancillary structures, transmission and pipeline
			 interconnections that are not otherwise facilities, and fuel storage
			 facilities;
(b) a new electric
			 transmission line having a design rating of 69 kilovolts or more and which is
			 one mile or more in length on a new transmission corridor;
(c) a new electric transmission line having a
			 design rating of 115 kilovolts or more which is ten miles or more in length on
			 an existing transmission corridor except reconductoring or rebuilding of
			 transmission lines at the same voltage;
(d) an ancillary structure which is an
			 integrated part of the operation of any transmission line which is a
			 facility;
(e) a unit, including
			 multiple tanks and associated buildings and structures, designed for, or
			 capable of, the manufacture or storage of gas, except:
1. a unit with a total gas storage capacity
			 of less than 25,000 gallons and also with a manufacturing capability of less
			 than 2,000 MMBtu per day;
2. a unit
			 whose primary purpose is research, development, or demonstration of technology
			 and whose sale of gas, if any, is incidental to that primary purpose;
			 or
3. a landfill or sewage treatment
			 plant.
(f) a new
			 pipeline for the transmission of gas having a normal operating pressure in
			 excess of 100 lbs. per square inch gauge which is greater than one mile in
			 length except restructuring, rebuilding, or relaying of existing pipelines of
			 the same capacity; and
(g) any new
			 unit, including associated buildings and structures, designed for, or capable
			 of, the refining, the storage of more than 500,000 barrels or the transshipment
			 of oil or refined oil products and any new pipeline for the transportation of
			 oil or refined oil products which is greater than one mile in length except
			 restructuring, rebuilding, or relaying of existing pipelines of the same
			 capacity.
Generating Facility
means any
				generating unit designed for or capable of operating at a gross capacity of 100
				megawatts or more, including associated buildings, ancillary structures,
				transmission and pipeline interconnections that are not otherwise facilities,
				and fuel storage facilities.
Hand Delivery
means delivery by methods
				other than pre-paid U.S. mail (
e.g
., Federal Express or paid
				courier service). Hand delivery shall not include delivery by electronic
				mediums such as facsimile or e-mail unless authorized by the Presiding
				Officer.
Limited Participant
means any person
				allowed to participate in an adjudicatory proceeding pursuant to M.G.L. c. 30A,
				§ 10, and
				980 CMR
				1.05(2). A limited
				participant is not a party.
Party
means an applicant, any person
				allowed to intervene in an adjudicatory proceeding pursuant to M.G.L. c. 30A,
				§ 1(3), and
				980 CMR
				1.05(1), or any person who
				intervenes in an adjudicatory proceeding by right.
Person
means a natural person,
				partnership, corporation, association, society, authority, agency or department
				of the Commonwealth, or any body politic or political subdivision of the
				Commonwealth including municipal corporations.