1. Generally - Failure of the applicant to
comply with any duly promulgated board rule, regulation, requirement or
procedure for the licensing of energy facilities or failure to pay lawfully
assessed expenses shall constitute grounds for suspension of licensing
2. Suspension Hearings
- Prior to the suspension of licensing proceedings the Board shall issue a
written "Show Cause" order setting a date on which the applicant must appear
before the Board to show cause why the licensing proceedings should not be
suspended. The "Show Cause" shall specifically state the alleged
non-compliance. A "Show Cause" hearing shall be scheduled not later than ten
(10) days and not sooner than forty-eight (48) hours after the issuance of a
"Show Cause" Order.
Order - After a "Show Cause" Hearing, the Board may in writing at any time
without additional hearing or prior notice suspend licensing proceedings if the
noncompliance addressed at the "Show Cause" Hearing is not rectified.
4. Tolling - Suspension shall toll the Act's
time limits for beginning and completing hearings and for rendering
5. Cancellation of
Suspension - The Board may in writing at any time cancel a suspension of Board
proceedings if the noncompliance has been rectified or is no longer of
consequence to the parties and the Board.
6. Time Limits - After a suspension is
canceled, counting of the statutory time limits for beginning and completing
hearings and for rendering decisions shall resume at the point in which the
suspension occurred or, if the Board finds it necessary to the orderly conduct
of the proceedings, at the beginning of any statutory time period.
7. Initiation - The Board may issue a "Show
Cause" Order at the request of a party or on the Board's own motion.
8. Noncompliance Order - Nothing in this
section shall limit the authority of the Board to issue orders to remedy
noncompliance with these rules, a Board License, licenses, the Act or orders of
1. Generally - Failure of the
applicant to comply with any provision, condition or limitation contained in a
Board License to site, construct, or alter a major energy facility, failure to
comply with a Cease and Desist order issued by the Board, failure to pay
lawfully assessed expenses, or failure to comply with a Board order to remedy a
noncomplying action shall be grounds for suspension or revocation of a Board
2. Cease and Desist Order
- The Board may issue in writing a "Cease and Desist" Order to rectify
noncompliance with the Act, a Board License, or rule or order of the Board at
any time with or without prior hearing upon motion of any party or on the
Board's own motion. If a "Cease and Desist order" is issued without prior
hearing, the applicant may within five (5) days of receipt of the "Cease and
Desist Order" request a hearing at which the applicant and any other party may
present testimony and evidence to show that the "Cease and Desist Order"
should, or should not, be dissolved.
3. Suspension or Revocation Hearing and Order
- Prior to the suspension or revocation of a Board License the Board shall
issue a written "Show Cause" order setting a date on which the applicant must
appear before the Board to show cause why the Board License should not be
suspended or revoked. The content of a "Show Cause" order and the procedure for
a "Show Cause" hearing shall follow the requirements set out in §
4. Canceling of
Suspension - The Board may in writing at any time cancel suspension of a Board
License if the grounds for the suspension have been rectified. A revocation may
not be canceled.