Current through Register 1531, September 27, 2024
(1)
Petition. A
petition, as used in Part, shall consist of any long-range forecast,
supplement, or amended forecast filed with Council pursuant to
980 CMR 7.00. A complete
petition shall be deemed to have commenced an adjudicatory
proceeding.
(2)
Title;
Other Required Information. In addition to the information
required by
980 CMR
7.03 -
7.08,
every petition, as far as possible, shall contain the following:
(a) a title which indicates the nature of the
proceedings, whether a long-range forecast, a supplement, or an amended
forecast, and the complete name and address of the lead company fillng the
petition and of any other company or companies for which it is filed;
(b) the name and address of the officer of
the company to whom communications with respect to the petition should be
addressed and, if the company is represented by coiunsel, the name and address
of counsel;
(c) a reference to the
statute pursuant to which the petition is filed; and
(d) a request that the long-range forecast,
supplement, or amended forecast which is the subject of the petition be
approved.
(3)
Filing Dates.
(a)
Every electric company shall file the first long-range forecast containing the
information required by
980 CMR
7.03 and
7.04
and every gas company shall file the first long-range forecast containing the
information required by
980 CMR
7.06 and
7.07,
either individually or jointly with other such companies, on or before May 1,
1976; the second long-range forecast shall be filed on or before December 31,
1980 for gas companies or April 1,1981 for electric companies; and subsequent
long-range forecasts shall be filed every fifth year thereafter.
(b) Every electric and gas company shall file
the first supplement, either individually or jointly with other such companies,
on or before December 31, 1976, and subsequent supplements shall be filed each
year thereafter except years during which a long-range forecast is filed
pursuant to 980 CMR 7.02(3)(a).
(4)
Notice. Notice
of filing of a petition shall be given by the Council or the company in the
manner set forth in
980 CMR
1.03(2). Such notice shall,
in addition, state that copies of the petition are available at the offices of
the Council and at repositories of documents chosen pursuant to 980 CMR 7.02(5)
and that persons desiring more information should contact the
Council.
(5)
Repository
of Documents. Each company participating in the filing of a
petition shall place a copy or copies of the petition in one or more
repositories of documents chosen pursuant to
980 CMR
2.03(4). Each electric
company shall choose at least one repository for each 2,000,000 MWH of sales or
part thereof per year. Each gas company shall choose at least one repository
for each 15,000,000 MMBtu or part thereof sold per year. Repositories shall be
chosen and distributed in order to provide convenient access to the petition to
as many of the company's customers as possible. The Covincil may in its
discretion require that additional documents, data or transcripts be provided
for each such repository by the company or any other party. Materials may be
removed from a repository after the conclusion of all judicial appeals or the
expiration of all time limits for judicial appeals.
(6)
Adjudicatory
Hearing. The Council shall hold an adjudicatory hearing within six
months after the fiUng of a complete petition. The Council may in its
discretion combine proceedings concerning more than one petition in a single
adjudicatory hearing, provided that the Council issues a separate decision for
each such petition.
(7)
Informational Hearing. The Council shall conduct a
pubKc hearing for informational purposes in each locality in which there is the
site or alternative site for a facility proposed in a petition.
980 CMR 7.00 shall not be
interpreted to require, buy may be interpreted to allow, the Council to hold an
informational hearing in more than one place for any proposed transmission
line. The informational hearing shall be held at least 14 days prior to the
commencement of the adjudicatory hearing required by 980 CMR 7.02(6). An
informational hearing shall not be required concerning a proposed site, if such
hearing has already been held in regard to a previously filed long-range
forecast or supplement. The Council shall give such notice or require the
company to give such notice as is necessary to inform the public in the
affected area of the time, place, and nature of the hearing. The Council may
require the company proposing the site or alternative site to present oral
testimony at such an informational hearing as a necessary precondition of
Council approval of the petition.
(8)
Conduct of Adjudicatory
Proceedings.
(a) The Council may
in its discretion require at any time during an adjudicatory hearing subject to
980 CMR 7.00 that a company or
other party produce such additional information, data or evidence as the
Council needs to render a decision.
(b) hi reviewing any question presented
concerning a proposed facility described pursuant to
980 CMR
7.04 or
7.07,
the Council may in its discretion examine the question in great detail or
examine the question in limited detail. The Council may base its detennination
of the level of detail upon such factors as the completeness of plans for and
design of the facility, the adequacy or probable adequacy of review or
subsequent review by local or other state agencies, the importance of the
question, and the wishes of the company, local and other state agencies, or
other parties.
(9)
Council Decisions.
(a) Within 12 months from the date of filing
of a complete petition or such other time as may be agreed upon, the Council
shall render a decision approving the forecast or supplement, approving it
subject to stated conditions, approving it in part and rejecting it in part, or
rejecting it. Approval shall require a majority vote. The Council may, among
other actions, approve a forecast but retain jurisdiction to review ftirther
the plans for a particular facility at a later time. Conditional or partial
approval of a forecast or supplement may, according to its terms, be deemed to
satisfy the requirement of M.G.L. c. 164, § 691, that a site and faciUty
conform to the most recently approved forecast or supplement for purposes of
permit proceedings before other agencies.
(b) The Council shall approve the demand or
sendout segment of a forecast or supplement, if it determines that each of the
following requirements has been met by the company:
1. All historical data and current operaing
data and information required by
980 CMR 7.00 and information
relating to energy policies for the Commonwealth are substantially accurate and
complete.
2. The forecasts of
demand required by
980 CMR 7.00 are based on
substantially accurate historical information or, where appropriate, estimates
and upon reasonable statistical projection methods. What constitutes a
reasonable statistical projection method may depend upon the size of the
company, the state of the art of forecasting, and the extent to which the
requirements of
980 CMR 7.00 are
met.
3. Any projections relating to
service area, facility use and pooling or sharing arrangements are consistent
with such forecasts of other companies subject to Council jurisdiction as may
have already been approved and with reasonable projections of activities of
companies outside of Council jurisdiction in the New England area.
(c) The Council shall approve the
supply segment of a forecast or supplement, if it determines that all
information relating to environmental impact of proposed facilities is
substantially accurate and complete, and that plans for expansion and
construction of facilities are consistent with current health, environmental
protection, and resource use and development policies of the Commonwealth as
set forth in the constitution, general laws, and duly promulgated rules and
regulations of responsible state, regional or local agencies. Approval of a
planned facility in a forecast shall not be construed to limit or pre-empt the
authority and responsibility of any state, regional or local agency to issue or
require any approval, consent, permit, certificate or condition for the
construction, operation or maintenance of such facility under other laws of the
Commonwealth, nor shall such approval constitute a determination that a
proposed facility complies with or satisfies any statutory or regulatory
standard other than those of the Council. Therefore, to the extent that any
such policies are implemented or enforced by a state, regional, or local agency
by the issuance or requirement of an approval, consent, permit, certificate or
condition for the construction, operation or maintenance of such facihty, such
plans will be deemed consistent with such policies.
(d) In reviewing a supply plan the Council
shall approve or disapprove only those facilities included pursuant to
980 CMR 7.04(8)
and
7.07(7).
It shall not approve or disapprove facilities and generating plants included
pursuant to
980 CMR
7.04(5)-(7),
7.07(5) and
(6).
(e) A decision shall be set forth in writing
and the reasons therefor included.
(10)
Determination of Council
Jurisdiction.
(a) Any company or
other person may at any time petition the Council pursuant to this Rule for a
determination whether an electric or gas plant, transmission line, pipeline, or
gas storage tank (proposed, under construction, or existing) is within the
definition of facility, is exempt from Council jurisdiction pursuant to
980 CMR
7.01(1), should be included
in any forecast or supplement pursuant to
980 CMR 7.00, or may qualify
for a Certificate pursuant to
980 CMR 6.00.
(b) Should the Council decide to consider
such a petition; its action shall be taken through an adjudicatory proceeding,
subject to all procedures set forth in
980 CMR 1.00.
(c) The petition shall state the name of the
petitioner, the nature of the petition, and the determination of the Council
sought by the petitioner.
(d) The
petition shall be accompanied by such briefs, information, data, and written
testimony as the petitioner may deem appropriate to support its request. The
Council may during a hearing require such additional information, data and
evidence as it in its discretion deems appropriate.
(e) If a hearing is held, the Council shall
within four months issue a decision on a petition stating fully the extent to
which a proposed facility is within or without Council jurisdiction for a
specific purpose, or deferring a determination of Council
jurisdiction.
(f) The Council may
consider a petition pursuant to this Rule to determine whether a facility is
within Council jurisdiction for purposes of a forecast, supplement. Application
for a Certificate at the same time its reviews the forecast, supplement or
Application. A company by submitting information to the Council pursuant to
980 CMR 6.00 or
7.00 does not waive the right
to challenge Council jurisdiction.
(g) A determination by the Council pursuant
to this Rule that a proposed facility is not within the jurisdiction of the
Council and need not be included in forecast or supplement shall be equivalent
to a determination by the Council that the said facility and its site conform
to the most recently approved forecast or supplement. Such a determination by
the Council shall be sufficient but not necessary to satisfy the requirement of
M.G.L. c. 164, § 691 that the Council approve a forecast or supplement to
which the site and facility conform before any state agency may issue a
construction permit.
(h) The
existence of the procedures of this Part shall not be deemed to preclude any
party from raising the question of Council jurisdiction during a
proceeding.
