980 C.M.R. 1.09 – Supplemental Procedures

(1) Re-opening Hearings. A party may, at any time before the Board renders a final decision, move that the hearing be reopened for the purpose of receiving new evidence. The motion should clearly show good cause for re-opening the hearing, state the nature and relevance of the evidence to be offered, and explain why the evidence was unavailable at the time of the hearing.
(2) Consolidation. The Presiding Officer may consolidate proceedings involving a common question of law or fact for hearing or decision on any or all of the matters at issue in such proceedings.
(3) Referral by the Department. Acting under the provisions of M.G.L. c. 25, § 4, in order to promote efficiency in administration, the Chair of the Department of Public Utilities may refer matters to the Board for review and approval or rejection of petitions pursuant to M.G.L. c. 164, § 69H(2).
(4) Stipulations. At the discretion of the Presiding Officer, the parties may agree upon any fact or issue pertinent to the proceeding, either by filing a written stipulation at any point in the proceeding, or by making an oral stipulation at the hearing. In making findings, the Board need not be bound by any such stipulation.
(5) Technical Sessions. A technical session is a meeting during which experts may provide detailed oral or written information in order to facilitate understanding of complex technical issues. The Presiding Officer may convene a technical session if they deem that such session would facilitate the efficient conduct of the proceeding. The Presiding Officer shall permit representatives of the Applicant, Parties and Limited Participants to attend a technical session and shall make a reasonable effort to schedule and notice the time and place of any such session to permit attendance. Unless otherwise required by the Presiding Officer, technical sessions shall not be transcribed and statements made by any Person during a technical session shall not be referred to or considered as evidence in the proceeding or in any subsequent proceeding. Information from the technical session may become part of the evidentiary record through discovery or testimony. Board Members, staff and Parties may ask questions during a technical session.
(6) Subpoenas. The Presiding Officer may issue, vacate or modify subpoenas, in accordance with the provisions of M.G.L. c. 30A, § 12.
(7) Depositions. The Presiding Officer may at their discretion allow a deposition to be taken upon a showing that the Person to be deposed cannot make an appearance at the hearing without substantial hardship and that the testimony being sought is significant, not privileged and not discoverable by an alternative means. If the Presiding Officer allows the taking of a deposition, they shall specify the rules and procedures that will govern said deposition.
(8) Reconsideration. Any Party may file a written motion requesting the Presiding Officer reconsider a ruling as long as the motion is received within five days of the issuance of the ruling.
(9) Offers of Proof. Any offer of proof made in connection with an evidentiary ruling shall consist of a statement, which may be in writing, of the substance of the evidence the party making the offer contends would be adduced by such testimony. If the offer of proof consists of documentary evidence, a copy of the document shall be marked for identification and shall constitute the offer of proof.
(10) Site Visit of a Proposed Facility. The Board and Board staff may visit a proposed CEIF or facility site and any alternative site in order to facilitate an understanding of the pending matter. The Presiding Officer may determine whether to allow additional attendees on the site visit. A site visit is for informational purposes only and shall not be considered as evidence in the proceeding.
(11) Production or View of Objects. Of their own accord, or upon the motion of a party, the Presiding Officer may order the production or view of any object which relates to the subject matter of a proceeding.
(12) Compliance Filing Procedures. The Applicant shall identify compliance with each condition in the final decision issued by the Board. Compliance filings shall be made with the Board and sent to the service list for the proceeding. Parties and Limited Participants on the service list may file any comments on the compliance filing within ten business days of the compliance filing. The Applicant may file a response to comments within five business days of the filing of the comments. The Presiding Officer shall promptly determine whether additional information or process required.
(13) Project Changes.
1. (a) Obligation. The Applicant shall construct and operate a CEIF or Facility in conformance with all aspects of its proposal as presented to the Board. The Applicant, or its successors in interest, shall notify the Board of any changes other than minor variations to the proposal so that the Board may decide whether to inquire further into a particular issue.
2. (b) Process. The Applicant shall file any notice of project change with the Board and the service list of the proceeding. Parties and Limited Participants on the service list may file any comments on the notice of project change within ten business days of the filing of the notice of project change. The Applicant may file a response to comments within five business days of the filing of the comments. The Presiding Officer shall determine within 15 business days whether additional information or process is required.