Section 6.03 - The Application(1)Basis for the Application. If an initial petition filed pursuant to 980 CMR 6.02(1) is granted or if a decision on a petition is deferred as provided by 980 CMR 6.02(4), the petitioning company may file an application for a Certificate of Environmental Impact and Public Need. In any event the initial petition and application shall be given the same docket number. Each separate facility shall require a separate application. The Council may in its discretion consider applications in a single proceeding. When adjudicatory findings of fact in the context of a final decision made by an agency within the statutory jurisdiction of said agency are challenged by an application, review by the Council of said findings shall be limited to the record presented before the agency; provided, however, that the Council may modify the agency findings of fact or substitute its own findings therefore if the Council determines that said agency findings are:
(a) In excess of the statutory authority or jurisdiction of the agency;(b) Unsupported by substantial evidence;(c) Arbitrary or capricious or an abuse of discretion; or(d) Not sufficient to permit adequate Council review of the application pursuant to the Council's obligation to insure a necessary energy supply at the lowest possible cost with a minimum impact on the environment. Any party wishing to challenge agency findings of fact shall specify which of grounds 980 CMR 6.03(l)(a) through 6.03(l)(d) above, is relied upon and shall state the substance of his claim, including citations to the portions of the agency record he relies upon.
In such cases, the Council may take evidence itself or remand questions of fact to the agency for further proceedings, consistent with the time limits set forth in M.G.L. c. 164, ss. 69K-690.
In reviewing facts found by an agency, the Council shall give due weight to the experience, technical competence and specialized knowledge of the agency. Nothing in this section is intended to limit the authority of the Council to decide questions of fact not raised or decided in the context of the final decision of the agency.
(2)Notice; Service. The applicant shall at least seven days prior to the date of filing an application give notice to the Council by filing a notice as set forth in 980 CMR 1.02(2), to the agency complained of by first class mail, to such persons as are entitled to notice under M.G.L. c. 164, § 69L, para. B(l) by first class mail, and by publication in two newspapers of general circulation in the vicinity of the subject facility. The notice shall state the name and address of the applicant, the date on which the application will be filed, the name, location of and a description of the subject facility, the name or names and address or addresses of the agency or agencies complained of, the relief sought, the full name, address and telephone number of the Council, and the date when the application will be filed. The notice shall further bear the following statement: "Persons desiring additional information should contact the Siting Council at the above address or telephone number. Persons wishing to be admitted as parties in interest to proceedings on the appUcation should present a petition to the Council no later than ( )."
In place of the parentheses should be inserted the date which is 30 days after the date of filing of the application. Finally, the notice should bear the following statement:
"A copy of the application may be inspected at the offices of the Siting Council, set forth above, or at ()." In place of the parentheses should be placed the name, address, and telephone number of a repository of documents chosen pursuant to 980 CMR 2.03(4).
The applicant shall insure that both the Council and a repository of documents possess complete copies of the application before giving notice. The repository shall be within a city or town containing the subject facility or within an adjacent city or town.
Failure to give service or notice as required by 980 CMR 6.03(2), may be cured by the Council upon motion by the applicant. The Council may, as a condition of granting the motion, require the applicant to consent to such measures as are necessary and appropriate in order to insure full and adequate participation and review by the public and agencies, including but not limited to waiving the limitation upon standing set forth in 980 CMR 1.05(2)(f) and delaying or reopening a hearing without regard to the time limitations set forth in any rule or statute.
(3)Form of Application. An application for a Certificate shall contain the following information:(a) In the case of an electric and gas company a copy of each long-range forecast and supplement in which the subject facility or its site was proposed, or, in the case of an oil company, a copy of an approved Notice of Intention;(b) A copy of the most recent approved long-range forecast, and a copy of all approved supplements thereto;(c) A copy of any forecast or supplement currently under consideration by the Council, but not yet approved;(d) One or more 1:24,000 scale United States Geologic Survey (USGS) topographical maps with transparent overlays showing the boundaries of the site and the precise location of the subject facility. Additional USGS maps shall be provided if they depict land or waters within 8,000 feet of the site.(e) Such other maps as may be appropriate;(f) A detailed description of and plans for the subject facility;(g) Photographs of the site and, if relevant, of the facility. (The photographs shall be accompanied by a description of the camera or cameras and lens or lenses used and by a map showing the points from which and direction in which the photographs were taken);(h) Aerial photographs of the site;(i) A copy of each study which the applicant has made of the environmental impact of the subject facility;(j) A statement of the reasons for the choice of the location;(k) A complete list of all licenses, permits and other regulatoiy approvals already obtained for the subject facility; (l) A complete list of all other licenses, permits and approvals expected to be required for the subject facility. (The applicant shall indicate whether applications have been made and, if so, their status);(m) A statement setting forth the applicant's need for a Certificate. (The apphcant shall state which permit is sought from the Council and shall state the grounds for Council jurisdiction as set forth in 980 CMR 6.02(2). Two or more permits may be sought in one application, if valid grounds exist for each);(n) A copy of every decision by and study by the agency or agencies complained of concerning the subject facility;(o) If the subject facility is not included in a long-range forecast or supplement approved by the Council or is not the subject of an approved Notice of Intention, extensive evidence of future demand; and(p) Such other information as the applicant deems relevant.(4)Affidavit. Each application for a Certificate shall be accompanied by an affidavit that notice has been given as required by 980 CMR 6.03(2).(5)Fees. Each application shall be accompanied by payment of a fee as herein provided, but in no event less than $5,000.(a) For an electric Generating Plant, the fee shall be $.04 per rated kilowatt electric of capacity, plus $1,000 per ancillary substation, but in no event more than $25,000.(b) For an electric transmission line, the fee shall be $.001 per rated volt of capacity per mile for that part of the line proposed for a new right of way, plus $.0005 per rated volt per mile for that part of the line proposed for an existing right of way, plus $1,000 per ancillary substation, but in no event more than $25,000.(c) For a gas pipeline, the fee shall be $.00003 per rated pound per square inch of pressure capacity per cubic foot of volume contained for that part of the line proposed for a new right of way, plus $.000015 per rated pound per square inch of pressure capacity per cubic foot of volume contained for that part of the line proposed for an established right of way, but in no event more than $25,000.(d) For a gas storage facility, the fee shall be $.01 per rated million BTU's of capacity, but in no event more than $25,000.(e) For a gas manufacturing plant, the fee shall be $ 1.00 per rated million BTU's per day of capacity, but in no event more than $25,000.(f) For an oil refinery, the fee shall be $.25 per rated barrel per day of throughput capacity, but in no event more than $25,000.(g) For an oil storage or transshipment facility, the fee shall be $.005 per rated barrel of storage capacity, but in no event more than $25,000.(h) For an oil tenninal intended to handle water-borne shipments, the fee shall be $.03 per rated barrel per day of throughput capacity, but in no event more than $25,000.(i) For an oil pipeline, the fee shall be $.10 per cubic foot of volume contained for that part of the line proposed for a new right of way, plus $.05 per cubic foot of volume contained for that part of the line proposed for an established right of way, but in no event more than $25,000. If two or more permits for a single facility are sought in a single application, only one fee shall be charged. If two or more applications are filed in regard to a single facility, the fee for the second and each subsequent application shall be one-half of the fee for the first application.
(6)Amendment of Application. An application may be amended by the applicant at any time prior to the entry of a final decision on the application by the Council. The Council shall take such measures as are necessary and appropriate to insure reasonable notice to parties, participating persons, persons entitled to notice pursuant to M.G.L. c. 164, § 69L, para. B(l), state and local agencies, and the general public. The Council may take such measures as are necessary and appropriate in order to insure full and adequate participation and review by the public and agencies, including but not limited to treating the amendment as a new initial petition or a new application for purposes of standing pursuant to 980 CMR 1.05(2)(f), for purposes of notice pursuant to 980 CMR 6.03(2), for purposes of the fee requirements of 980 CMR 6.03(5), and for purposes of the time deadline set forth in 980 CMR 6.05(1).(7)Consolidation of Issues. To the extent that adequate grounds can be asserted pursuant to 980 CMR 6.02(2) and to the extent permitted by statute or 980 CMR 6.00, companies are encouraged to consolidate issues relating to more than one permit or agency in a single application.