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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXII CORPORATIONS
  • CHAPTER 164 MANUFACTURE AND SALE OF GAS AND ELECTRICITY
  • Section 69O1/2 Decision granting or denying application with regard to a generating facility; findings and opinions

Section 69O1/2. As expeditiously as possible, but in no event later than 180 days from the date of filing a petition for a certificate with regard to a generating facility pursuant to section 69K1/2, 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 sections 61 to 62H, inclusive, of chapter 30 to the extent that compliance with said requirements will prevent the board from rendering a decision upon the petition within the time limits of the section.

A certificate shall be issued only if the board determines that the issues raised by state agencies or local governments regarding the proposed generating facility have been addressed in a comprehensive manner by the board either in its approval of said generating facility under section 69J1/4 or in its review under section 69K1/2. The board shall make its decision in writing and shall include therein its findings and opinions with respect to the following: (i) the compatibility of the generating facility with considerations of environmental protection, public health, and public safety; (ii) the extent to which construction and operation of the generating 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; and (iii) the public interest or convenience requiring construction and operation of the generating facility.