65- 407 C.M.R. ch. 308, § 5

Current through 2024-25, June 19, 2024

Section 407-308-5 - ANNUAL CHAPTER 330 REPORTS

A.Annual Chapter 330 Reports. A transmission and distribution utility that has one or more affiliated generators shall expand its Chapter 330 reports to include the following information:

1. identification of all planned transmission substation work at the 69 kV level and above;

2. identification of all planned construction or rebuilding (including reconductoring) of transmission lines at the 69 kV level and above;

3. identification of the most likely potential alternative to each item in (1) and (2) above;

4. identification of all existing generators or proposed generators that that would be materially affected by any projects referenced in the Report;

5. based on existing interconnection or planning studies, explanation and analysis of how the generators and proposed generators identified in (4) may be affected by any projects that are referenced in the Report, including but not limited to, to the extent available, interconnection timing and cost, applicable transmission charges and nodal LMPs, any other factors that affect the access to and prices for the generator or proposed generator in the whole sale markets;

6. a signed affidavit from the President and Chief Operating Officer of each transmission and distribution utility that he/she has reviewed the Chapter 330 Report with the person(s) responsible for its development and affirms that the utility has not planned or made any improvements to the transmission system with the intent of giving any existing or proposed generator preferential treatment nor with the intent of providing any ratepayer subsidy in terms of allocating the costs of any such improvements between generators and rate payers.

B.Investigation. The Commission may commence a formal investigation into any project or planned improvement referenced in the Report if it determines that the project(s) could result in preferential treatment or other benefits for an affiliated generator or a financial interest generator. In the investigation, the Commission will determine whether the project(s) must receive prior approval or must be developed or owned by an affiliate and thus excluded from retail transmission rates. To the extent the Commission orders a transmission and distribution utility not to proceed with a project based on a finding of preferential treatment or other benefits for an affiliated generator of financial interest generator, the Commission may direct the transmission and distribution utility not to seek recovery of development costs associated with the project. To the extent the Commission finds that a project be cancelled or modified based on a finding of preferential treatment or other benefits for an affiliated generator or financial interest generator, the Commission may direct the transmission and distribution utility not to seek recovery of any costs from the FERC that resulted from the preferential treatment or other benefits.

65- 407 C.M.R. ch. 308, § 5