980 C.M.R. 2.09 – Determination of Board Jurisdiction

(1) A petitioner may at any time petition the Board for a determination of whether construction, expansion, or other modification of a proposed electric Generating Facility, electric transmission line, ancillary structure, Gas pipeline, Gas storage facility, oil pipeline, oil refinery, oil storage facility, oil transshipment facility, or other facility is subject to Board jurisdiction, is not subject to Board jurisdiction, or may qualify for a certificate pursuant to 980 CMR 6.00: Certification of Environmental Impact and Public Need.
(2) The petition shall state the name of the petitioner and describe the nature of the facility for which a determination is being sought. The petition shall be accompanied by a draft legal notice for publication and such written legal argument or other information as the petitioner may consider appropriate. The Board may require that the petitioner provide additional information after the petition is filed.
(3) The petitioner shall give notice of the petition by publishing the legal notice approved by the Presiding Officer in at least one newspaper of general circulation and as otherwise ordered by the Presiding Officer. The notice shall specify that any Person may submit written legal argument or other information regarding the petition. The notice shall specify the deadline for such submissions, which shall be not less than 14 days after the initial date of publication.
(4) Within four months of the petition filing date, the Board shall issue a final determination of jurisdiction. The final determination shall address only those issues necessary to decide the extent to which a proposed facility is within Board jurisdiction, is not subject to Board jurisdiction, or may qualify for a certificate pursuant to 980 CMR 6.00: Certification of Environmental Impact and Public Need. A determination of jurisdiction proceeding is not an adjudicatory proceeding. The Board’s decision shall be final.