Current through Register 1531, September 27, 2024
(1)
Initial
Petition. An initial petition or application, as referred to in
980 CMR 8.02, shall consist of any Notice of Intention to Construct an Oil
Facility filed with the Council pursuant to
980 CMR 8.00. The filing of
such initial pleading shall be deemed to have commenced an adjudicatory
proceeding.
(2)
Title:
Other Required Information. In addition to the information
required by 980 CMR 8.02, every initial petition, so far as possible, shall
contain the following:
(a) A title which
indicates the nature of the proceeding and the complete name and address of the
petitioner;
(b) The name and
address of the officer of the petitioner to whom communications with respect to
the initial petition should be addressed and, if the petitioner is represented
by counsel, the name and address of such counsel;
(c) A reference to the statute pursuant to
which the initial petition is filed (M.G. L. c. 164, § 691 or 69J);
and
(d) A request that the Notice
of Intention which is the subject of the initial petition be
approved.
(3)
Filing Dates.
(a)
Any petitioner intending to construct an oil facility other than a complex
refinery shall file an initial petition with the Council at least one year
prior to the commencement of construction of the facility.
(b) A petitioner intending to construct a
complex refinery shall file an initial petition with the Council at least two
years prior to the commencement of construction of the facility.
(c) In the event that a petition is
disapproved or approved subject to conditions, the petitioner or a successor in
interest may file a new Notice of Intention at any time.
(4) Notice. Notice of filing a petition shall
be given by the Council or the petitioner in the manner set forth in
980 CMR
1.03(2). Such notice shall,
in addition, state that copies of the initial petition are available at the
offices of the Coimcil and at a repository of documents chosen pursuant to 980
CMR 8.02(5) and that persons desiring more information should contact the
Council.
(5) Repository
of Documents. Each petitioner filing a petition shall place a copy
of the petition in a repository of documents chosen pursuant to
980 CMR
2.03(4). For each proposed
facility, the petitioner shall choose at least one repository to be located in
a city or town in which the facility is proposed to be constructed or in a city
or town adjacent thereto. The repository shall be chosen in order to provide
convenient access to the initial petition to as many interested and affected
persons as possible. The Council may in its discretion require that additional
documents, date or transcripts be provided for such repository by the
petitioner 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 commence an
adjudicatory hearing on each petition within six months after the filing
thereof.
(7)
Informational Hearing. The Council shall conduct a
pubUc hearing for informational purposes in each locality in which there is a
site for a facility proposed in a petition. The informational hearing shall be
held at least 14 days prior to the commencement of the adjudicatory hearing
required by 980 CMR 8.02(6). 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 to present oral testimony at such an
informational hearing as a necessaiy 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 8.00 that a company or
other party produce such additional information, data, or evidence as the
Council needs to render a decision.
(b) In reviewing any question presented
concerning a proposed facility described pursuant to
980 CMR 8.00, the Council may
in its discretion examine the question in great detail or examine the question
in limited detail. The Council may base its determination 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 subsequent review by local or
other state agencies, the important of the question, and the wishes of the
company, local and other state agencies, or other parties.
(9)
Council
Decisions.
(a) Within 24 months
from the date of filing of an initial petition stating the intention to
construct a complex refinery, or within 12 months from the date of filing an
initial petition stating the intention to construct an oil facility other than
a complex refinery, the Council shall render a decision approving the initial
petition, approving it subject to stated conditions, or disapproving it. A
majority vote shall be required to approve an initial petition. The Council
may, among other actions, approve an initial petition but retain jurisdiction
to review further the plans for a particular facility at a later time or
approve an initial petition subject to approval of a particular facility by a
local or other state agency at a later time. Conditional approval of an initial
petition may, according to its terms, be deemed to satisfy the requirement of
M.G. L. c. 164, § 691, that a site and facility conform to the most
recently approved Notice of Intention to Construct an Oil Facility for purposes
of permit proceedings before other agencies.
(b) The Council shall approve a petition if
the Council determines that each of the following requirements has been met by
the petitioner:
1. All information regarding
sources of supply for the proposed facility and financial information regarding
the petitioner and its proposed facility are substantially accurate and
complete.
2. The petitioner's
capital investment plans to complete its facility, the long-term economic
viability of the facility, the overall financial soundness of the petitioner,
and the petitioner's capability and experience involving the transshipment,
transportation, storage, refining and marketing of oil and refined oil products
are adequate.
3. All information
relating to current activities, facilities agreements, enviroimiental and
economic impact, and land use and development, is substantially accurate and
complete.
4. The plans for
expansion and construction of the proposed facility, including any buffer zones
or alternatives thereto, are consistent with cunent health, environmental
protection, and land and resource use and development policies as adopted by
the Commonwealth.
5. The plans for
expansion and construction of the proposed facility are consistent with the
state policy of the Commonwealth to provide a necessary energy supply for the
Commonwealth with a minimum impact on the environment at the lowest possible
cost.
(c) A decision
shall be set forth in writing with 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
section for a determination whether an oil refinery, tank farm, terminal, or
pipeline is within the definition of facility, is exempt from Council
jurisdiction pursuant to
980 CMR
8.01(6), should be the
subject of a Notice of Intention to Construct an Oil Facility, or may qualify
for a Certificate pursuant to
980 CMR 6.00. The facility for
which a determination of Council jurisdiction is sought may be proposed,
existing or under construction.
(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 necessary.
(e) If a hearing is held, the Council shall
within four months issue a decision on a petition stating fially the extent to
which a proposed facility is subject to Council jurisdiction, stating that the
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 980 CMR 8.02(10) to determine whether a facility is within Council
jurisdiction for purposes of a Notice of Intention to Construct an Oil Facility
or Application for a Certificate at the same time that it reviews the Notice 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 980 CMR 8.02(10) that a proposed facility is not within the jurisdiction of
the Council and need not be the subject of a Notice of Intention to Construct
an Oil Facility shall be equivalent to a determination by the Council that the
said facility and its site conform to the most recently approved Notice of
Intention. 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 Notice of Intention to which the site and facility conform
before any state agency may issue a construction permit.
(h) The existence of the procedures of 980
CMR 8.02 shall not be deemed to preclude any party from raising the question of
Council jurisdiction during a proceeding concerning a Notice of
Intention.
