Code of Massachusetts Regulations
345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD
Title 345 CMR 3.00 - The Selection Of Operators
Section 3.25 - Applicant Certification by the Board

Universal Citation: 345 MA Code of Regs 345.3

Current through Register 1531, September 27, 2024

(1) Upon the issuance of the draft candidate site identification report pursuant to M.G.L. c. 111H, § 20 and after consultation with the deputy commissioner of the Division of Capital Planning and Operations, the Board shall certify those applicants who satisfy the financial, technical and management criteria set forth in 345 CMR 3.11 through 3.14. If an applicant has proposed more than one technology for the facility, the Board shall separately determine for each technology proposed, whether the applicant is to be certified. Such certification shall be accompanied by a report including a statement of reasons for the certifications made. Such report shall be distributed to each Community Supervisory Committee, the applicants and all others making a timely request.

(2) Reconsideration of a Negative Determination

(a) Within ten days after a determination by the Board that an applicant is not certified pursuant to 345 CMR 3.25 with respect to one or more technologies proposed by the applicant, the applicant may file with the Board a written request for reconsideration setting forth, with particularity, the basis of the requested reconsideration and requesting an adjudicatory proceeding thereon, as allowed by 345 CMR 3.25(4).

(b) The applicant shall mail, on the same day that the request for reconsideration is filed, a copy of said request, via certified mail, to each Community Supervisory Committee.

(3) Revocation of Certification

(a) The Board shall revoke an applicant's certificate if one or more of the following is established to the Board's satisfaction:
1. the applicant knowingly submitted false information in its proposal or knowingly misrepresented or omitted information contained or required in the proposal or required by 345 CMR 3.00; or

2. the applicant submitted false information in its proposal or misrepresented or omitted information contained or required in the proposal required by 345 CMR 3.00, and the Board, upon considering all the information in its possession, finds that the applicant does not satisfy the criteria set forth in 345 CMR 3.10 through 3.14; or

3. information is received concerning events, conditions or occurrences which would have been relevant to the initial certification by the Board but which occurred subsequent to that certification and the Board, upon considering all the information in its possession, finds that the applicant does not satisfy the criteria set forth in 345 CMR 3.10 through 3.14.

(b) Procedure.
1. Any written report of information which might result in the Board's considering revocation and which is received by the Board staff, or any member of the Board, shall be submitted to the Executive Director, who shall inform the Board of its existence no later than its next regular meeting. The Board shall not be required to take any action with respect to such information at that meeting.

2. The Executive Director shall review such information, and may request additional information from any source which may serve to establish the accuracy and potential impact of such information. Upon completion of said review, the Executive Director shall submit to the Board a recommendation as to whether the Board should consider revocation of the applicant's certificate. The Executive Director shall recommend that the Board consider revocation if the Executive Director finds that:
a. the information which has been received raised questions about the applicant's certification which are serious enough to warrant consideration by the Board, and

b. the source of the information appears to be reliable.

3. If the Board decides that it should consider revocation, notice of such decision shall be sent to the applicant, all Community Supervisory Committees and the person who originally submitted the information. The notice shall include a brief summary of the issues to be addressed by the Board in considering revocation, and the date, time and place of the meeting at which the Board shall discuss and vote on revocation.

4. At its next regular monthly meeting following the meeting at which the Board decided to consider revocation, the Board shall decide whether to revoke the applicant's certification.

5. In the event that the Board decides to revoke the applicant's certification, the applicant may request an adjudicatory hearing thereon.

(4) Adjudicatory Proceeding.

(a) Any adjudicatory proceeding conducted pursuant to 345 CMR 3.25 shall be conducted by a presiding officer appointed by the Board, and shall be open to the public. Except as otherwise required by 345 CMR 3.25(4), the adjudicatory proceeding shall be conducted in accordance with 801 CMR 1.01 (Standard Adjudicatory Rules of Practice and Procedure, Formal Rules).

(b) In addition to the requirements of 801 CMR 1.01(6)(a), any applicant requesting an adjudicatory hearing shall send notice thereof by certified mail, return receipt requested, to the Community Supervisory Committees and to whomever else the Board specifies in writing.

(c) Within 30 days of adjournment of the adjudicatory hearing, the presiding officer shall render a tentative decision pursuant to 801 CMR 1.01(10)(n)1. The presiding officer shall send copies thereof to the parties to the proceeding, and to the Community Supervisory Committees.

(d) Within 45 days of the close of the period for filing objections to the tentative decision, as specified in 801 CMR 1.01(10)(n)1., the Board shall render its final decision pursuant to 801 CMR 1.01(10)(n)2.

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