445 R.I. Code R. § 445-RICR-00-00-1.13 - Final Decision

Current through December, 23, 2021

A. Time - The Board shall issue its Final Decision not later than one hundred twenty (120) days after the commencement of final hearings or not later than sixty (60) days after all testimony and evidence has been received, whichever time period is shorter.

B. Form - The Final Decision shall conform to the Rhode Island Administrative Procedures Act requirements regarding Decisions and Orders.

C. Findings - The Board shall make specific findings regarding and shall grant a Board License only upon a finding that the applicant has shown that:

1. Construction of the proposed facility is necessary to meet the needs of the state and/or region for energy of the type to be produced by the produced facility,

2. The proposed facility is cost-justified,

3. The proposed facility can be expected to produce energy at the lowest reasonable cost to the consumer consistent with the objective of ensuring that the construction and operation of the proposed facility will be accomplished in compliance with all of the requirements of the laws, rules, regulations, and ordinances, under which, absent the Act, a license would be required, or that consideration of the public health, safety, welfare, security and need for the proposed facility justifies a waiver or some part of such requirements when compliance therewith cannot be assured,

4. The proposed facility will not cause unacceptable harm to the environment, and

5. The proposed facility will enhance the socioeconomic fabric of the state.

D. Effect - The grant of a Board License in favor of the application shall constitute a granting of all licenses which would, absent the Act, be required for the facility except for building, construction and occupancy permits for which final designs will not be executed until after the final decision is issued, and for other state or local licenses that may, by their nature, be applied for and/or received after a Board License is granted. The Final Decision of the Board shall specifically identify all such licenses that have been granted pursuant to the Board License.

E. Conditions and Modifications - As a precondition for the grant of a Board License, the Board may require any modification or alteration to the proposed facility and may place conditions on the grant of the Board License. A Board license may be issued conditionally upon the applicant's receipt of federal licenses.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.13

Amended effective November 28, 2018