980 CMR, § 1.01

Current through Register 1533, October 25, 2024

Section 1.01 - Scope and Construction of Rules

(1)Scope. 980 CMR 1.00 shall govern the conduct of adjudicatory proceedings before the Energy Facilities Siting Board.

(2)Application of 980 CMR 1.00. 980 CMR 1.00 shall apply to all adjudications conducted by the Board except when a specific provision of 980 CMR indicates otherwise.

(3)Effective Date. 980 CMR 1.00 shall take effect on February 19, 2010, and shall apply to proceedings initiated after that date.

(4)Definitions. For the purpose of 980 CMR, the following definitions shall apply unless the context or subject matter requires a different interpretation:

Applicantmeans a person who submits to the Board an application or petition seeking determination of a matter within the Board's jurisdiction, or who, pursuant to M.G.L. c. 25, § 4, has a matter referred to the Board by the Chairman of the Department of Public Utilities pursuant to M.G.L. c. 164, § 69H.

Boardmeans the Energy Facilities Siting Board.

Board Membermeans any of the nine persons set forth in 980 CMR 2.03(1) or any person named to serve as a designee under the terms of 980 CMR 2.03(3).

Chairmanmeans the Chairman of the Energy Facilities Siting Board, as described in 980 CMR 2.03(2).

Directormeans the person appointed by the Chairman of the Department of Public Utilities to direct the work of the siting division and to conduct the day-to-day business of the Board as well as to perform any other duty delegated by the Chairman.

Facilitymeans any "facility" described in M.G.L. c. 164, § 69G including:

(a) any generating unit designed for or capable of operating at a gross capacity of 100 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities;

(b) a new electric transmission line having a design rating of 69 kilovolts or more and which is one mile or more in length on a new transmission corridor;

(c) a new electric transmission line having a design rating of 115 kilovolts or more which is ten miles or more in length on an existing transmission corridor except reconductoring or rebuilding of transmission lines at the same voltage;

(d) an ancillary structure which is an integrated part of the operation of any transmission line which is a facility;

(e) a unit, including multiple tanks and associated buildings and structures, designed for, or capable of, the manufacture or storage of gas, except:

1. a unit with a total gas storage capacity of less than 25,000 gallons and also with a manufacturing capability of less than 2,000 MMBtu per day;

2. a unit whose primary purpose is research, development, or demonstration of technology and whose sale of gas, if any, is incidental to that primary purpose; or

3. a landfill or sewage treatment plant.

(f) a new pipeline for the transmission of gas having a normal operating pressure in excess of 100 lbs. per square inch gauge which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity; and

(g) any new unit, including associated buildings and structures, designed for, or capable of, the refining, the storage of more than 500,000 barrels or the transshipment of oil or refined oil products and any new pipeline for the transportation of oil or refined oil products which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity.

Generating Facilitymeans any generating unit designed for or capable of operating at a gross capacity of 100 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities.

Hand Deliverymeans delivery by methods other than pre-paid U.S. mail (e.g., Federal Express or paid courier service). Hand delivery shall not include delivery by electronic mediums such as facsimile or e-mail unless authorized by the Presiding Officer.

Limited Participantmeans any person allowed to participate in an adjudicatory proceeding pursuant to M.G.L. c. 30A, § 10, and 980 CMR 1.05(2). A limited participant is not a party.

Partymeans an applicant, any person allowed to intervene in an adjudicatory proceeding pursuant to M.G.L. c. 30A, § 1(3), and 980 CMR 1.05(1), or any person who intervenes in an adjudicatory proceeding by right.

Personmeans a natural person, partnership, corporation, association, society, authority, agency or department of the Commonwealth, or any body politic or political subdivision of the Commonwealth including municipal corporations.

980 CMR, § 1.01