65- 407 C.M.R. ch. 334, § 2

Current through 2024-25, June 19, 2024
Section 407-334-2 - NOTICE OF INTENT AND DETERMINATION OF COMPLIANCE WITH THE RULE
A. Notice of intent. At least two months in advance of the filing of any petition required by section 1 of this rule, the Petitioner shall notify the Commission in writing of its intent to file such a petition. The Notice of Intent shall contain a brief description of the authority sought by the Petitioner. Together with its Notice of Intent, the Petitioner may request that the Commission exercise its power under section 4 of this rule to waive all or part of the requirements of this rule. Any Petitioner seeking to secure a waiver of an informational filing requirement on the ground that the required information is already on file with the Commission shall give a reasonably definite reference to the filed information including, where appropriate, the docket number, exhibit number and page reference of the information.
B. Review of sufficiency of filing. Within 15 days of receipt of any petition submitted pursuant to this rule the Administrative Director will inform the Petitioner in writing of the specific deficiencies of the petition or that the petition complies with this rule. No petition shall be considered filed unless the requirements of this rule have been fulfilled. The filing date shall be the date the Administrative Director determines that a petition complies with the requirements of this rule.
C. Further review of sufficiency. Notwithstanding a finding by the Administrative Director that a petition is sufficient, any party to the proceedings commenced by the filing of the petition may contend that the information submitted pursuant to section 6 of this chapter is insufficient or defective. A party making such contentions may make such motions as would be proper had the information specified in sections 6 and 7 been timely requested by that party under the rules governing discovery and been due to be served upon that party on the date of the petition filing. Any such motion must be made within 7 days after the party is allowed to participate in the proceeding or within 60 days after the initial receipt of the petition by the Commission, whichever is earlier.
D. Waiver of notice. The Commission may waive the advance notice requirement upon a written request and good cause within 60 days. An electric utility with an approved long-range energy plan pursuant to 35-A M.R.S.A. §3134, which includes the agreement or contact, need not file an advance notice of its intent to file a petition under this chapter.

65- 407 C.M.R. ch. 334, § 2