Current through Register 1531, September 27, 2024
(1)
Docket. A numbered docket shall be maintained for all
adjudicatory proceedings and shall contain all documents filed in a proceeding
and other relevant material.
(2)
Filing of Documents with the Board.
(a)
Filing.
1. Any document to be filed with the Board
pursuant to
980 CMR 1.00 shall be hand
delivered, or mailed first class, to the Energy Facilities Siting Board or to
the Presiding Officer at the Energy Facilities Siting Board. The Presiding
Officer may allow documents to be filed by other means.
2. A document shall be deemed to be filed on
the date stamped "Received" by the Board or its agent during usual business
hours. Documents received after usual business hours shall be deemed filed on
the following business day.
(b)
Filing Format.
1.
Printing
Requirements. All documents filed for possible inclusion in the
record shall be clear and legible and shall be presented in accordance with the
standards established by the Presiding Officer.
2.
Form. Every
document filed shall contain a title which indicates the nature of the
proceeding, the name of the applicant, and the docket number if available. The
Director or Presiding Officer shall determine the number of copies to be filed.
The Board may provide forms to be used for specific purposes by any person or
party; in such cases, use of forms provided shall be mandatory.
(3)
Electronic Filing. The Presiding Officer may require
documents to be filed electronically. Where documents are required to be filed
electronically, a separate paper copy must also be served in accordance with
980 CMR 1.03(4).
(4)
Service to Board, Parties and Participants.
(a) Service of a document upon the Board or
the Presiding Officer shall be in accordance with 980 CMR 1.03(2).
(b) Any person filing documents with the
Board or Presiding Officer shall simultaneously serve a copy on all parties and
limited participants required to be served in the proceeding, by hand delivery
or by first class mail postage prepaid using the name(s) and address(es) stated
on the service list issued by the Presiding Officer. The Presiding Officer may
allow documents to be served by other means.
(c) All documents filed with the Board or the
Presiding Officer shall be accompanied by a statement certifying the date and
means of service and the persons to whom service was made. Failure to comply
with these rules may be grounds for the Board or Presiding Officer to refuse to
accept documents for filing.
(d)
Documents shall be deemed served on the day of hand delivery or, if mailed, on
the earlier of receipt or three days after mailing. The postmark shall be
evidence of the date of mailing.
(5)
Signatures.
Every document filed pursuant to 980 CMR 1.03(2) or served pursuant to 980 CMR
1.03(4) shall be signed by the party making such filing or service or by the
party's authorized representative. Such signature shall constitute
certification by the signatory or authorized representative that he or she has
read the document, that, to the best of his or her knowledge, every statement
contained in the document is true, and that the document is not being filed to
delay the proceeding.
(6)
Computation of Time. Unless otherwise specifically
provided by
980 CMR 1.00 or
2.00 or by other applicable
law, computation of any time period referred to in
980 CMR 1.00 or
2.00 shall begin with the
first day following the act which initiates the running of the time period. The
last day of the time period is included unless it is a Saturday, Sunday, or
legal holiday or any other day on which the office of the Board is closed, in
which case the period shall run until the end of the next following business
day. When the time period is less than seven days, intervening days when the
office of the Board is closed shall be excluded.
(7)
Extensions of
Time. At the discretion of the Board or the Presiding Officer, for
good cause shown, any time limit prescribed or allowed in 980 CMR may be
extended. All requests for extensions of time must be made either by oral
motion during a hearing or conference or by written motion served upon all
parties or as directed by the Presiding Officer. All requests for extensions of
time must be made before the expiration of the original time period or before
the expiration of any subsequent extension(s) granted. Provisions contained in
980 CMR 1.03(7) shall not apply to any limitation of time prescribed by
statute, unless extensions are permitted by the applicable statute.
(8)
Ex
Parte
Communications in Adjudicatory
Proceedings.
(a) From the initial
filing in an adjudicatory proceeding until the rendering of a final decision,
no party or limited participant may communicate ex parte with
the Presiding Officer, any board member or the Siting Board staff involved in
the decision process for the adjudicatory proceeding regarding the merits of
such adjudicatory proceeding.
(b)
Communications concerning scheduling and other procedural matters, as well as
the receipt of information available in the public docket file are not
prohibited by
980 CMR 1.00.
(c) If a party or limited participant makes
or attempts to make an ex parte communication prohibited by
980 CMR 1.03(8)(a), the Board member, Presiding Officer, or staff member shall
advise the person that the communication is prohibited and shall immediately
terminate the prohibited communication.
(d) If a Board member, Presiding Officer, or
staff member violates the
ex parte rule, he or she shall, no
later than two business days after determining that the communication was
prohibited, serve on each party and place in the docket file associated with
the adjudicatory proceeding the following:
1.
A written statement including the substance and circumstances surrounding the
communication; the identity of each person who participated in the
communication; the time, date, and duration of the communication; and whether,
in his or her opinion, the receipt of the ex parte
communication disqualifies him or her from further participation in the
adjudicatory proceeding; and
2. Any
written or electronic documentation of the communication. The above documents
shall be placed in the docket file associated with the adjudicatory proceeding
but shall not be made a part of the evidentiary record.
(e) The Board may, upon the motion of any
party or on its own motion, accept or require the submission of additional
evidence of the substance of a communication prohibited by 980 CMR
1.03(8).
(f) Where a party or
limited participant has violated 980 CMR 1.03(8), the Board or Presiding
Officer may take such action as is deemed appropriate within the
circumstances.
