Section Site 302.03 - Revocation of Certificate(a) The committee shall have the authority to revoke a certificate according to this section.(b) If the committee has suspended a certificate pursuant to Site 302.01 or Site 302.02 and the holder has failed to correct and mitigate the consequences of the violation or misrepresentation that was the basis for the suspension within the period of time specified in the suspension order, the committee shall initiate an adjudicative proceeding to revoke the suspended certificate and shall conduct an adjudicative hearing prior to determining whether to revoke the certificate.(c) The committee shall provide 90 days prior written notice to the holder of the certificate that the committee intends to revoke the certificate and stating the reasons for the intended revocation.(d) Following the adjudicative proceeding, the committee shall revoke the holder's certificate if the committee determines, after due consideration of any mitigating circumstances and a determination of whether revocation is in the best interests of the public, or would result in an inability to assure that the state has an adequate and reliable supply of energy in conformance with sound environmental principles, that one or more of the following criteria have been met:(1) The certificate holder obtained the certificate through fraud, deceit, or falsification;(2) The certificate holder knowingly violated the rules of the committee, the conditions of the holder's certificate, or the rules or permits of any agency that participated in the holder's certificate proceeding;(3) The certificate holder failed to comply with an order of the committee or an order imposed as a result of a judicial action taken to enforce any statute or rule implemented by the committee, unless the certificate holder is complying in accordance with a compliance schedule and is current with all items; or(4) The certificate holder is a chronic non-complier.(e) If the holder's certificate is revoked by order of the committee, then the holder shall permanently cease construction or operation of the energy facility subject to the certificate as of the time specified in the order and shall commence and complete decommissioning of the facility within the time period specified in the order.N.H. Admin. Code § Site 302.03
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10994, Effective 12/16/2015, Expires 12/16/2025.Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11156, Effective 8/16/2016, Expires 8/16/2026.