65- 407 C.M.R. ch. 885, § 3

Current through 2024-46, November 13, 2024

Section 407-885-3 - PETITION FOR EXEMPTION

A.Petition. A public utility or corridor developer may seek a whole or partial Commission exemption from a municipal zoning ordinance or LURC regulation applicable to a public utility project or energy corridor project through a petition for exemption.

B.Municipal or LURC Review. A public utility or corridor developer may not file a petition for exemption until after the following has occurred:

1. the public utility or corridor developer has requested the applicable municipal planning board or LURC to issue a permit or other ruling required by a municipal zoning ordinance or LURC regulation or has requested a modification, variance, exception, waiver or other action from the municipal planning board or LURC necessary for the development of the public utility project or energy corridor project;

2. the municipal planning board or LURC has issued a denial of the request in whole or in part or has granted the request with conditions;

3. the denial of the request or the granting of the request with conditions has the effect of prohibiting the development the public utility project or the energy corridor project, rendering the development of the project uneconomic, or significantly increasing the costs of the project.; and

4. the public utility or corridor developer has informed the applicable municipal planning board or LURC of the impact of the granting of the request with conditions on the public utility project or the energy corridor project.

C.Prior Project Approval. A petition for exemption for projects that require prior Commission approval must be filed as specified in this subsection.

1.Transmission lines. A public utility may not file a petition for exemption for the construction of a transmission line of 69 kilovolts or more unless it has obtained a certificate of public convenience and necessity from the Commission as required by Title 35-A, section 3132.

2. Energy Corridor Projects. A corridor developer may not file a petition for exemption for the construction of an energy corridor project unless it has obtained a corridor use certificate from the Commission as required by Title 35-A, section 122, subsections 4 and 5.

3.Other Utility Projects. A public utility may not file a petition for exemption for the construction of a public utility project that requires prior Commission approval until after that approval is obtained.

D.Court or Local Review

1.Denied Request. A public utility or corridor developer is not required to seek review, or an appeal from a court or a municipal board of appeal of the municipal planning board or LURC determination or ruling required by subsection B prior to filing a petition for exemption. A public utility or corridor developer that seeks a court or municipal board of appeal review or appeal may not file a petition for exemption while the review or appeal proceeding is pending.

2.Granted Request. A public utility or corridor developers may file a petition for exemption during the pendency of a court or municipal board of appeal review or appeal proceeding filed by an entity other than the public utility or corridor developer.

E.Contents. A petition for exemption must include:

1. a copy of the municipal ordinance or LURC regulation from which an exemption is sought;

2. a copy of the decision or ruling of the municipality or LURC denying or granting with conditions the necessary permit, or modification, variance, exception, or waiver from the municipal ordinance or LURC regulation, and related decisions of a reviewing body, if any;

3. a statement explaining that the denial of the request or the granting of the request with conditions has the effect of preventing the development of the public utility project or the energy corridor project, of rendering the development of the project uneconomic, of significantly increasing the costs of the project; and

4. a statement explaining that a Commission exemption from the applicable ordinance or regulation is necessary or desirable for the public welfare and convenience and otherwise satisfies the standards contained in this Chapter.

65- 407 C.M.R. ch. 885, § 3