445 R.I. Code R. § 445-RICR-00-00-1.3 - Definitions

Current through December, 23, 2021

A. As used in these rules, except as otherwise required by the context:

1. "Act" means the Energy Facility Siting Act, R.I. Gen. Laws § 42-98-1 et seq. as amended.

2. "Advisory opinion" means the written opinion of a designated agency regarding issues by the Board for consideration by the designated agency. "Advisory opinion" shall also mean the written opinions as to need and socioeconomic impact that are rendered by the Statewide Planning Program, the Governor's Office of Energy Resources and Division for each major energy facility.

3. "Agency" means any agency, council, board or commission of the state of political subdivision of the state.

4. "Alteration" means a significant modification to a major energy facility which, as determined by the Board, will result in a significant impact on the environment or the public health, safety and welfare. Conversion from one fuel to another shall not be considered an "alteration". Maintenance, repair or replacement of poles or transmission components by an electric utility to maintain the integrity of its transmission system shall not constitute an alteration, provided that such construction does not increase the normal carrying capacity of the transmission line. The construction, modification or relocation of a power line of 69 kV or more which are less than 1000 feet in length shall not be treated as an alteration; however, any additional extension shall constitute an alteration. The construction of a new power line which is more than 1,000 but less than 6000 feet in length or the modification or relocation of an existing power line shall not be an alteration unless the Board determines that the project may result in a significant impact on the environment or the public health, safety and welfare. As used herein "modification" includes reconductoring and rebuilding an existing power line.

5. "Applicant" means the person or persons making an application, or an application, or on whose behalf an application is made, to site, construct or alter a major energy facility in Rhode Island.

6. "Board" means the Energy Facility Siting Board.

7. "Board license" means any license issued by the Board to site, construct or alter a major energy facility.

8. "Chairperson" means the Chairperson of the Energy Facility Siting Board.

9. "Coordinator" means the duly appointed Coordinator of the Board or the designee of the Coordinator.

10. "CRMC" means the Coastal Resources Management Council.

11. "DEM" means the Department of Environmental Management.

12. "Designated agency" means an agency designated by the Board pursuant to R.I. Gen. Laws § 42-98-9 as an agency which shall act at the direction of the Board for the purpose of rendering advisory opinions.

13. "Division" means the Division of Public Utilities and Carriers.

14. "Intervenor" means a person who intervenes in a pending matter or proceeding by statutory right, by right established by these Rules of Practice and Procedure or by order of the Board.

15. "License" means all licenses, permits, assents, variances, special exception and approvals of any kind which under any state statute or ordinance of any political subdivision of the state, would be required for siting, construction or alteration of a major energy facility in the State of Rhode Island.

16. "Major energy facility" means any facility for the extraction, production, conversion and processing of coal; any facility for the generation of electricity capable of operating at a gross capacity of 40 megawatts or more; any transmission line with a design rating of 69 kV or over; facilities for the conversion, gasification, treatment, transfer or storage of liquefied natural and liquefied petroleum gases; any facility for the processing, enrichment, storage or disposal of nuclear fuels and nuclear byproducts; any facility for the refining of oil, gas or other petroleum products; any facility of 10 megawatts or greater capacity for the generation of electricity by water power; any facility associated with the transfer of oil, gas or coal via pipeline and any energy facility project of the Rhode Island Port Authority and Economic Development Corporation.

17. "Party" means the applicant and any person or agency who has, pursuant to these rules or Board order, intervened in Board proceedings.

18. "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.

19. "Post licensing permits" means all state and local permits, inspections and approvals required for the construction or occupancy of a facility including, without limiting the generality of the foregoing, all building, construction, electrical, plumbing and occupancy permits and inspections.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.3

Amended effective November 28, 2018