(1) Within 60 days of a vote, pursuant to M.G.L. c. 111H, § 17, to initiate site selection, and after consultation with the Commissioner of the Division of Capital Planning and Operations, the Board shall issue a Request for Proposals satisfying the requirements of 345 CMR 3.00 and conforming to 345 CMR 3.22.
(2) Each Request for Proposals issued pursuant to 345 CMR 3.22 shall contain the most recent management plan adopted by the Board and shall require each applicant to submit:
(a) detailed organizational information for the applicant and its proposed subcontractors, including their legal structure and ownership and control and, in particular, the location of the safety personnel within the organization; and
(b) the applicant's operational experience, including the background and qualifications of all officers, directors, partners and principal owners of the Applicant and its subcontractors, and of the key personnel to be utilized in the performance of any contract with the Board; and
(c) a description of the locations and operating experiences of existing or former operations of the applicant and its subcontractors; and
(d) the applicant's and its affiliated entities', principals', subcontractors' and key personnel's history of compliance with, and any violations of federal, state or local requirements by such persons in any jurisdiction in which they or any of them has done business, and any criminal indictments or convictions of such persons or civil litigation brought or judgment entered during the prior five years against or involving the business activities of such person; and
(e) a financial disclosure statement describing the applicant's financial resources and proposed revenue plans and demonstrating that the Applicant either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds to cover the estimated costs of development and operation of a facility and will have sufficient funds available to carry out facility closure and post-closure observation and maintenance; and
(f) any and all information relevant to the Board's application of the financial, technical and management criteria set forth in 345 CMR 3.11 through 3.13, including but not limited to:
1. any Form 10Ks and Form 10Qs that the applicant has filed with the U.S. Securities and Exchange Commission, during the last five years; and
2. if the applicant did not file Form 10Ks and Form 10Qs with the U.S. Securities and Exchange Commission during one or more of the past five years, audited financial statements prepared by a nationally recognized auditing firm for the past five fiscal years and quarterly financial reports for the past five years; and
3. any material pending legal proceedings, other than routine litigation incidental to the ordinary course of business, to which the applicant or any of its affiliated entities, principals, or key personnel is a party or which any of their property is the subject. The applicant shall include the name of the court or agency in which the proceedings are pending, the date instituted, the principal parties thereto, a description of the factual basis alleged to underlie the proceeding and the relief sought. The applicant shall also include similar information as to any such proceedings known to be contemplated by government authorities; and
(g) a preliminary facility development, operation, closure, post-closure observation and maintenance and institutional control plan including a description of the proposed technology or technologies to be utilized, and of the applicant's staffing plans and personnel training program, safety and record keeping procedures, and contingency plans for facility operations; and
(h) proposed site community, neighboring community and affected community compensation benefits and guarantees; and
(i) terms under which the applicant will participate in an advisory board that will assist in the planning and implementation of detailed site characterization.
(3) Each Request for Proposals issued pursuant to 345 CMR 3.22 shall include a statement of procedures to be followed in responding to the request for proposals, specifying that:
(a) applicants shall be required to respond to the request for proposals within 120 days of the issuance date specified in the Board vote to issue the Request for Proposal; and
(b) applicants shall be required to pay the Board a fee, determined by the Board, of not less than $10,000 at the time it submits its response to the Request for Proposals; and
(c) applicants shall be required to agree that there shall be no substitution for the key personnel to be utilized in the performance of any contact with the Board, identified in the proposal, except with persons of equal or greater background, experience and educational qualifications and that such substitutions shall require the prior approval of the Board; and
(d) applicants shall be required to submit, promptly upon their completion, updated Form 10Ks and Form 10Qs as filed with the U.S. Securities and Exchange Commission, or updated annual audited financial statements prepared by a nationally recognized auditing firm and updated quarterly financial reports, for each period prior to the selection of the facility operator permit pursuant to M.G.L. c. 111H, § 27; and
(e) applicants shall be required to submit the following certification:
"I certify under the pains and penalties of perjury that I have personally examined and am familiar with the information submitted in this form and with those of the attached documents prepared by or under the direction of the applicant, and that the information contained in this form and in those of the attached documents prepared by or under the direction of the applicant is true, accurate and complete." which shall be signed:
1. if the applicant is a corporation, by a principal executive officer of at least the level of vice president; or
2. if the applicant is a partnership, by a general partner; or
3. if the applicant is a sole proprietor, by the proprietor.
(4) The Board may request of the applicant any additional information it deems necessary to determine whether the applicant satisfies the financial, technical and management criteria set forth in 345 CMR 3.11 through 3.14. The applicant shall promptly report any significant change in circumstances that may be deemed relevant to its certification pursuant to 345 CMR 3.00.
