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The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part I ADMINISTRATION OF THE GOVERNMENT
  3. Title XXII CORPORATIONS
  4. Chapter 164 MANUFACTURE AND SALE OF GAS AND ELECTRICITY
  5. Section 69O Decision granting or denying application; findings and opinions; applicability

Section 69O

Section 69O: Decision granting or denying application; findings and opinions; applicability

Section 69O. As expeditiously as possible but in no event later than six months from the date of filing of the petition for a certificate pursuant to section 69K, the board shall by a majority vote render a decision upon the petition either by denying the petition or by granting the petition, or by granting the petition subject to such terms and conditions as the board may determine. Neither the board nor any other person shall be bound by the requirements of section sixty-one to sixty-two H, inclusive, of chapter thirty to the extent that compliance with said requirements will prevent the board from rendering a decision upon the petition within the time limits of this section.

The board shall make its decision in writing and shall include therein its findings and opinions with respect to the following:

(1) the need for the facility to meet the energy requirements of the applicant's market area taking into account wholesale bulk power or gas sales or purchases or other co-operative arrangements with other utilities and energy policies as adopted by the commonwealth;

(2) the compatibility of the facility with considerations of environmental protection, public health and public safety;

(3) The extent to which construction and operation of the facility will fail to conform with existing state and local laws, ordinances, by-laws, rules and regulations and reasonableness of exemption thereunder, if any, consistent with the implementation of the energy policies contained in this chapter to provide a necessary energy supply for the commonwealth with a minimum impact on the environment at the lowest possible cost; and

(4) the public interest, convenience and necessity requiring construction and operation of the facility.

The provisions of this section shall not apply in the case of a petition for a certificate with respect to a generating facility filed pursuant to section 69K1/2, which shall be subject to the provisions of section 69O1/2.