Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.3 - Definitions

Current through June 14, 2024
A. As used in these rules, except as
							otherwise required by the context:
1. "Act"
							means the Energy Facility Siting Act, R.I. Gen. Laws §
											42-98-1
et seq.
as amended.
2. "Advisory opinion" means the written
							opinion of a designated agency regarding issues by the Board for consideration
							by the designated agency. "Advisory opinion" shall also mean the written
							opinions as to need and socioeconomic impact that are rendered by the Statewide
							Planning Program, the Governor's Office of Energy Resources and Division for
							each major energy facility.
3.
							"Agency" means any agency, council, board or commission of the state of
							political subdivision of the state.
4. "Alteration" means a significant
							modification to a major energy facility which, as determined by the Board, will
							result in a significant impact on the environment or the public health, safety
							and welfare. Conversion from one fuel to another shall not be considered an
							"alteration". Maintenance, repair or replacement of poles or transmission
							components by an electric utility to maintain the integrity of its transmission
							system shall not constitute an alteration, provided that such construction does
							not increase the normal carrying capacity of the transmission line. The
							construction, modification or relocation of a power line of 69 kV or more which
							are less than 1000 feet in length shall not be treated as an alteration;
							however, any additional extension shall constitute an alteration. The
							construction of a new power line which is more than 1,000 but less than 6000
							feet in length or the modification or relocation of an existing power line
							shall not be an alteration unless the Board determines that the project may
							result in a significant impact on the environment or the public health, safety
							and welfare. As used herein "modification" includes reconductoring and
							rebuilding an existing power line.
5. "Applicant" means the person or persons
							making an application, or an application, or on whose behalf an application is
							made, to site, construct or alter a major energy facility in Rhode
							Island.
6. "Board" means the Energy
							Facility Siting Board.
7. "Board
							license" means any license issued by the Board to site, construct or alter a
							major energy facility.
8.
							"Chairperson" means the Chairperson of the Energy Facility Siting
							Board.
9. "Coordinator" means the
							duly appointed Coordinator of the Board or the designee of the
							Coordinator.
10. "CRMC" means the
							Coastal Resources Management Council.
11. "DEM" means the Department of
							Environmental Management.
12.
							"Designated agency" means an agency designated by the Board pursuant to R.I.
							Gen. Laws §
											42-98-9 as an agency which shall act at the direction of the Board for the purpose of
							rendering advisory opinions.
13.
							"Division" means the Division of Public Utilities and Carriers.
14. "Intervenor" means a person who
							intervenes in a pending matter or proceeding by statutory right, by right
							established by these Rules of Practice and Procedure or by order of the
							Board.
15. "License" means all
							licenses, permits, assents, variances, special exception and approvals of any
							kind which under any state statute or ordinance of any political subdivision of
							the state, would be required for siting, construction or alteration of a major
							energy facility in the State of Rhode Island.
16. "Major energy facility" means any
							facility for the extraction, production, conversion and processing of coal; any
							facility for the generation of electricity capable of operating at a gross
							capacity of 40 megawatts or more; any transmission line with a design rating of
							69 kV or over; facilities for the conversion, gasification, treatment, transfer
							or storage of liquefied natural and liquefied petroleum gases; any facility for
							the processing, enrichment, storage or disposal of nuclear fuels and nuclear
							byproducts; any facility for the refining of oil, gas or other petroleum
							products; any facility of 10 megawatts or greater capacity for the generation
							of electricity by water power; any facility associated with the transfer of
							oil, gas or coal via pipeline and any energy facility project of the Rhode
							Island Port Authority and Economic Development Corporation.
17. "Party" means the applicant and any
							person or agency who has, pursuant to these rules or Board order, intervened in
							Board proceedings.
18. "Person"
							means any individual, partnership, corporation, association, governmental
							subdivision, or public or private organization of any character.
19. "Post licensing permits" means all state
							and local permits, inspections and approvals required for the construction or
							occupancy of a facility including, without limiting the generality of the
							foregoing, all building, construction, electrical, plumbing and occupancy
							permits and inspections.