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General Laws

Section 69G. As used in section sixty-nine H to sixty-nine R, inclusive, the following words and terms shall have the following meanings:—

“Applicant”, a person or persons who submits to the department or board a long-range plan, a petition to construct a facility, a petition for a certificate of environmental impact and public need, or a notice of intent to construct an oil facility, or any application, petition, or matter referred by the chairman of the department to the board pursuant to section sixty-nine H.

“Board”, the energy facilities siting board established under the provisions of section sixty-nine H.

“Certificate”, a certificate of environmental impact and public interest, as provided for in sections 69K and 69K1/2.

“Construction”, any placement, assembly, or installation of facilities or equipment, which in the case of an oil facility must be valued in excess of five million dollars, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises.

“Department”, the department of telecommunications and energy as established under the provisions of section two of chapter twenty-five.

“Electric company”, (1) an electric company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons; (3) a foreign corporation empowered under the laws of its state of incorporation to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons and qualified to do business in the commonwealth; and (4) a municipal corporation empowered to operate a municipal lighting plant under the provisions of section thirty-five or section thirty-six.

“Facility”, (1) a generating facility; (2) a new electric transmission line having a design rating of 69 kilovolts or more and which is one mile or more in length on a new transmission corridor; (3) a new electric transmission line having a design rating of 115 kilovolts or more which is 10 miles or more in length on an existing transmission corridor except reconductoring or rebuilding of transmission lines at the same voltage; (4) an ancillary structure which is an integral part of the operation of any transmission line which is a facility; (5) a unit, including associated buildings and structures, designed for or capable of the manufacture or storage of gas, except such units below a minimum threshold size as established by regulation; and (6) a new pipeline for the transmission of gas having a normal operating pressure in excess of 100 pounds per square inch gauge which is greater than one mile in length except restructuring, rebuilding, or relaying of existing transmission lines of the same capacity.

“Gas”, a term which shall include natural gas, propane air, synthetic natural gas, and liquified natural gas.

“Gas company”, (1) a gas company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to manufacture or store gas for resale or distribution to a gas company as defined in section one; (3) a foreign corporation empowered under the laws of its state of incorporation to manufacture or store gas for resale or distribution to a gas company as defined in section one, and qualified to do business in the commonwealth; (4) a natural gas pipeline company as defined in section seventy-five B; and (5) a municipal corporation empowered to operate a municipal gas plant under the provisions of section thirty-five or section thirty-six.

“Generating facility”, any generating unit designed for or capable of operating at a gross capacity of 100 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities.

“Liquefied natural gas”, a natural gas that has been changed into a liquid by cooling the temperature at atmospheric pressure to approximately—260°F.

“Local Government”, any political subdivision of the commonwealth, including any county, city, town, district agency or regional agency.

“Long-range forecast”, a plan filed with the department under the provisions of section sixty-nine I.

“National pollutant discharge elimination system permit”, a permit issued in conformance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.

“Natural gas”, a type of gas which originates in the ground and is predominantly methane.

“Notice of intention”, a notice of intention to construct an oil facility which shall be filed with the council under the provisions of sections sixty-nine I and sixty-nine J.

“Oil company”, (1) any person, authority or corporation organized under the laws of the commonwealth empowered or intending to construct or operate an oil facility; (2) a foreign corporation or person empowered under the laws of its state of incorporation to, or intending to construct or operate an oil facility, and qualified to do business in the commonwealth.

“Oil facility”, any new unit, including associated buildings and structures, designed for, or capable of, the refining, storage of more than five hundred thousand barrels or transshipment of oil or refined oil products and any new pipeline for the transportation of oil or refined oil products which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity; provided, however, that this oil facility shall not include any facility covered by a long-range forecast or supplement thereto under section sixty-nine I.

“Propane air”, a type of gas produced by those facilities which add commercial grade propane to air for mixture with natural gas.

“Significant portion of his income”, ten per cent of gross personal income for a calendar year, except that it shall mean fifty per cent of gross personal income for a calendar year if the recipient is over sixty years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement. Income includes retirement benefits, consultants fees, and stock dividends. Income is not received directly or indirectly from permit holders or applicants for a permit where it is derived from mutual fund payments or from other diversified investments over which the recipient does not know the identity of the primary sources of income.

“Synthetic natural gas”, a type of gas which is made by a facility which produces a gaseous fuel from the manufacture, conversion or reforming of liquid or solid hydrocarbons.

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