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The 193rd General Court of the Commonwealth of Massachusetts

Section 69L1/2: Application for certificate with respect to a generating facility

Section 69L1/2. (a) An applicant for a certificate pursuant to section 69K.5 shall file with the board a petition, in such form as the board may prescribe, containing the following information:

(1) A description of the location of the generating facility to be constructed or operated thereon;

(2) A summary of the studies which the applicant has made of the environmental impact of the generating facility and a statement of the reasons for its choice of the location;

(3) A copy of the petition for the construction of a generating facility approved under the provisions of section 69J.25; provided, however, that this requirement may be waived by the board for emergency or unforeseen conditions which may jeopardize the health and safety of the public;

(4) A statement setting forth the reasons for the application for the certificate, which statement shall include the following: (i) all licenses, permits, and other regulatory approvals required by law for the construction or operation of the generating facility which have been granted; (ii) a representation as to the good faith effort made by the applicant to obtain from state agencies and local governments the licenses, permits, and other regulatory approvals required by law for construction or operation of the generating facility; (iii) either (a) a representation as to the inability, if any, of the applicant to comply with any law, ordinance, by-law, rule, and regulation affecting the construction or operation of the generating facility, or (b) a representation as to the applicant's inability to proceed with the construction or operation of the generating facility by reason of the denial, delay, appeal, or imposition of a burdensome condition in issuing specified licenses, permits, or approvals; and (iv) such other information as the applicant may deem relevant or the board may by regulation require; and

(5) A copy or copies of said information, studies, and other pertinent information shall be filed and made available for public inspection and copying; provided, however, that the board shall not permit disclosure, other than to another government agency concerned with the same matter, of any information, other than data pertaining to the nature or constituency of any water or air discharge, obtained by or submitted to the board pursuant to the provisions of sections 69H to 69R, inclusive, upon a showing, satisfactory to a majority of the board, that such information if made public would divulge methods or processes entitled to protection as trade secrets of any person.

(b) Each petition shall be accompanied by an affidavit of the applicant certifying that: (i) a copy of the petition and a notice as to the date on which the petition is to be filed have been served on each of the following: the mayor of each city and the board of selectmen of each town in which any part of the proposed generating facility is to be located, the secretary of each executive office, and the attorney general; and (ii) public notice thereof containing a summary of the petition and the date on which notice is to be filed was given by publication, in such manner as the board may by regulation provide.

(c) Failure to give such service or notice may be cured pursuant to an order of the board subsequent to the filing of the petition. The board may further order additional service and notice on such other persons as it deems appropriate.

(d) Each petition may be amended by the applicant at any time, subject to such reasonable requirements of notice as the board may impose. A petition for an amendment of a certificate shall be in such form and subject to such requirements of notice and hearings as the board may provide, consistent with the nature and extent of the proposed amendment.