980 C.M.R. 14.02 – Initiation of a De Novo Adjudication.

(1) Entities that May Petition for a De Novo Adjudication. The following entities may petition the Director for a De Novo Adjudication:
(a) An Applicant for a SCEIF that has received a Final Decision on, or a Constructive Approval of, a Consolidated Local Permit Application from a Local Government;
(b) Other Person(s) that may be substantially and specifically affected by a Final Decision of a Local Government, as determined by the Director; or
(c) A Local Government that files a Local Request for Review Based on Lack of Resources. The Local Request for Review Based on Lack of Resources acts as the petition for a De Novo Adjudication. The Board’s De Novo Adjudication is limited to the content of a request submitted by a Local Government.
(2) Timing of Petition for a De Novo Adjudication.
1. (a) A petition of an Applicant or Person pursuant to 980 CMR 14.02(1)(a) or
2. (b) shall be filed within 30 days of the Final Decision of the Local Government.
3. (b) A petition pursuant to 980 CMR 14.02(1)(c) shall be filed by a Local Government no later than 60 days after the Local Government’s receipt of a Consolidated Local Permit Application or any later time with the Applicant’s consent.
(3) Form of Petition for a De Novo Adjudication.
1. (a) For a petition from the Applicant or from a Person that may be substantially and specifically affected by a Final Decision of a Local Government pursuant to 980 CMR 14.02(1)(a) or (b), the petition shall include:
  1. 1. the petitioner’s name and address;
  2. 2. identification of the proposed SCEIF;
  3. 3. a copy of the Consolidated Local Permit Application and a link to the online portal containing that application;
  4. 4. a copy of any action taken by the Local Government on the Consolidated Local Permit Application, including the Final Decision of Local Government;
  5. 5. a description of any objections to the Final Decision of Local Government and the bases for the objections, including how the Local Government action was inconsistent with 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting;
  6. 6. for Persons other than the Applicant, a description of how the Person may be substantially and specifically affected by the action of the Local Government; and
  7. 7. relief sought, including any recommended conditions.
2. (b) For a petition for a De Novo Adjudication from a Local Government, the Local Government shall provide to the Applicant a copy of the Local Request for Review Based on Lack of Resources. Within fourteen days, the Applicant shall provide to the Siting Board:
  1. 1. identification of the location of the proposed SCEIF project;
  2. 2. a copy of the Consolidated Local Permit Application;
  3. 3. any documents received by the Local Government to date concerning the Consolidated Local Permit Application; and
  4. 4. any comments on the proposed SCEIF or recommended permit conditions received by the Local Government.
(4) Filing Procedure for a Petition for a De Novo Adjudication.
1. (a) Filing. A petition for a De Novo Adjudication shall be filed with the Board.
2. (b) Copies. The petitioner shall provide a copy of the petition to the Local Government having taken action on the Application, and to the Applicant (if different from the petitioner).
(5) With respect to a petition from a Person submitted pursuant to 980 CMR 14.02(1)(b), the Director shall determine whether at least one such Person is substantially and specifically affected by the Final Decision of the Local Government. The Director may allow comment prior to making their determination.
(6) With respect to a petition initiated by a Local Request for Review Based on Lack of Resources, the Director will accept the petition from a Local Governmentwhere its resources, capacity, or staffing do not allow for review of an SCEIF’s Consolidated Local Permit Application within the required maximum 12-month timeframe for Local Government review.