959 N.E.2d 408
Mass.2011Background
- Alliance challenges whether the department erred denying a third motion to reopen in D.P.U. 10-54 (Cape Wind PPA).
- Initial PPAs were approved in 2010 after National Grid sought review under §83 of the Green Communities Act.
- Alliance previously sought two reopenings (October and November 2010) which were denied on May 9, 2011.
- Alliance’s third motion (March 3, 2011) sought to admit NSTAR filings related to NSTAR PPAs; claimed these were cost-effectiveness relevant.
- The single justice reserved and reported to the full court; the matter is remanded to affirm the department’s denial of reopening.
- The court applies a deferential abuse-of-discretion standard, finds NSTAR filings were cumulative and not good cause to reopen.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the department properly denied the third motion to reopen | Alliance | Department | Yes; finality and cumulativeness supported denial |
Key Cases Cited
- Box Pond Ass’n v. Energy Facilities Siting Bd., 435 Mass. 408 (2001) (agency broad discretion on reopening; abuse of discretion required for reversal)
- Alliance I, 448 Mass. 45 (2006) (deference to agency when reopening hearings; finality concerns)
- Stowe v. Bologna, 32 Mass. App. Ct. 612 (1992) (finality and sparing use of reopening power)
- Brookline v. Commissioner of the Dep’t of Envt’l Quality Eng’g, 387 Mass. 372 (1982) (reopening decisions reviewed for reasonableness and nonabuse of discretion)
- Sudbury v. Department of Pub. Utils., 351 Mass. 214 (1966) (evidence exclusion for repetitious or cumulative material)