980 C.M.R. 1.02 – Rules of General Applicability

(1) Waiver of Rules. Where good cause appears, not contrary to statute, the Board and any Presiding Officer may permit deviation from any rules contained in 980 CMR.
(2) Severability. If any provision of 980 CMR is held to be invalid, such invalidity shall not affect the provisions or the applications thereof not specifically held invalid.
(3) Project Segmentation. In determining whether a CEIF or Facility is subject to Board jurisdiction or meets or exceeds any review threshold, the Board will consider the entirety of a CEIF or Facility, including any future expansion that is reasonably likely to occur in the next five years, and not be limited to review of separate phases or segments of a CEIF or Facility. The Board shall consider all circumstances as to whether various work or activities constitute one CEIF or Facility including, but not limited to, whether the work or activities, taken together, comprise a common plan or independent undertakings, regardless of whether there is more than one CEIF or Facility owner; any time interval between the work or activities; and whether the environmental and public health impacts caused by the work or activities are cumulative in nature and collectively would have a Disproportionate Adverse Effect, as defined in 980 CMR 15.00: Cumulative Impact Analysis and Standards for Applying Site Suitability Criteria. An Applicant may not segment a CEIF or Facility such that a CEIF or Facility is constructed in phases to evade, defer, or curtail Board review, or restrict the means by which potential environmental and public health impacts from any other phase of a CEIF or Facility may be avoided, minimized or mitigated. The Board will implement the Project Segmentation provision on a case-by-case basis, with due consideration of the integrated nature of the electric grid, and the requirements of federal and regional agencies.