Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 11.00 - Licensing Of Hydropower Generating Facilities
Section 11.02 - Forms

(1) General. The Council will consult with the affected agencies before establishing or modifying any forms described under the next two rules. Any Council directive establishing or modifying these forms will become effective on the fifth day after mailing of notice of said directive to the agencies.

(2) Preliminary Notification Form. The Council hereby establishes two preliminary notification forms to be filed with the agencies. A modular format is incorporated within each form to accommodate various project situations and related informational needs. The agencies may not require the developer to file any forms other than these, except the "Notice of Intent to file an ENF" under M.G.L. c. 30, §§ 62-62H and implementing regulations, before the pre-licensing conference. The first of these is a Hydropower Supplement to the ENF, which is to be attached with an ENF so as to create a single form and filed under 980 CMR 11.03; the second is a Hydropower Preliminary Notification Form (HPNF), to be filed under 980 CMR 11.04 when a determination has been made by the Secretary of the Executive Office of Environmental Affairs that an ENF is not required. At the option of the developer, these forms replace the Notice of Intent normally filed with local Conservation Commissions under the Wetlands Act, M.G.L. c. 131, §40.

These forms can be modified in accordance with the procedures of 980 CMR 11.02(1).

(3) Other Forms. The Council may establish, and later appropriately modify, forms for use in connection with the procedure of 980 CMR 11.03, 11.04, and 11.05, below. It may also establish, consolidate, or modify forms to be used by one or more of the agencies, in lieu of, or in addition to, any forms which developers are required to prepare in order to obtain permits or licenses from said agencies.