445 R.I. Code R. § 445-RICR-00-00-1.6 - Applications

Current through December, 23, 2021

A. Statement - All applications shall be in writing and shall clearly state the nature of the activity for which a Board license is sought and a factual and legal basis for the Board's authority to grant a Board license.

B. Contents - An application shall include the following:

1. The exact legal name of the applicant, if the applicant is a corporation, trust, association or other organized group, the state or territory under the laws of which the applicant was created or organized, the location of the applicant's principal place of business, and the names of all states where the applicant is authorized to do business.

2. The name, title and post office address of one person to whom correspondence or communication in regard to the application is to be addressed. The Board will serve, where required, all notices, orders and other papers upon the person so named and such service shall be deemed to be service upon the applicant.

3. Identification of the proposed owner(s) of the facility, including identification of all affiliates of the proposed owners, as such term is defined in R.I. Gen. Laws § 39-3-27.

4. A detailed description of the proposed facility including its function and operating characteristics, and complete plans as to all structures, including, where applicable, underground construction, transmission facilities, cooling systems, pollution control systems and fuel storage facilities associated with the proposed location for the project.

5. Site plan for each proposed location for the project.

6. The total land area involved.

7. Project cost.

8. Proposed dates for beginning of construction, completion of construction and commencement of service.

9. Where applicable, estimated number of facility employees.

10. Proposed financing for construction and operation of the facility.

11. Where applicable, required support facilities, e.g. road, gas, electric, water, telephone, and an analysis of the availability of the facilities and/or resources to the project.

12. A detailed description and analysis of the impact, including cumulative impact for facilities other than transmission lines, of the proposed facility on the physical and social environment on and off site, together with a detailed description of all environmental characteristics of the proposed site and a summary of all studies prepared and relied upon in connection therewith. In the case of transmission facilities, such description and analysis shall include a review of the current independent scientific research pertaining to electromagnetic fields (EMF) and shall provide data on the anticipated levels of EMF exposure and potential health risks associated with this exposure.

13. All studies and forecasts, complete with information, data, methodology and assumptions of which they are based, on which the applicant intends to rely in showing the need for the proposed facility under the statewide master construction plan submitted annually.

14. Complete detail as to the estimated construction costs of the proposed facility, the projected maintenance and operation costs, the estimated unit cost of energy to be produced by the proposed facility, where applicable, and the expected methods of financing the facility. For transmission lines, the applicant shall also provide estimated costs to the community such as safety and public health issues, storm damage and power outages, and estimated costs to businesses and homeowners due to power outages.

15. A complete life-cycle management plan for the proposed facility, including measures for protecting the public health and safety and the environment during the facility's operations, including plans for the handling and disposal of wastes from the facility at the end of its useful life.

16. A study of the alternatives to the proposed facility, including alternatives as to energy sources, methods of energy production and transmission and sites for the facility, together with the reasons for the applicant's rejection of such alternatives. The study shall include estimates of facility costs and unit energy costs of alternatives considered.

17. Identification of Federal agencies which may exercise licensing authority over any aspect of the facility.

18. Identification of state and local government agencies which may exercise licensing authority over any aspect of the facility or which could exercise licensing authority over any aspect of the facility absent the Act.

19. Identification of foreign governmental agencies which must issue licenses that may affect any aspect of the facility.

20. All pertinent information regarding filings for licenses made with federal, state, local foreign governmental agencies including the nature of the license sought, copies of the applicable statutes or regulations, and copies of all documents filed in compliance with 42 U.S.C. §§ 4321 through 4370h, the date of filing and the expected date of decision.

C. Notice of Intent to Construct or Relocate Power Lines of Less Than 1000 Feet -In the case of the construction or relocation of a power line of less than 1000 feet with a capacity of 69 kV or more, a notice of intent to construct such facility shall be filed with the Board and the councils of any town or city affected by said construction at least 60 days before commencing construction. The notice shall include the following:

1. Identification of the proposed owner(s) of the facility including identification of all affiliates of the proposed owners as that term is defined in R.I. Gen. Laws § 39-3-27.

2. Detailed description of the proposed facility including its length, route, function and operating characteristics, and complete plans as to all structures associated with the proposed facilities.

3. A statement of reasons why the filing party believes that such project does not constitute a major energy facility nor the alteration of a major energy facility.

D. The council of any town or city affected, and any other intervenor, may elect to file an objection with the Board within thirty days following the filing of the Notice of Intent to Construct and Relocate Power Lines of Less than 1000 feet.

E. The Board shall act upon the notice, and any objection filed thereto, no later than forty-five days following the filing of the Notice of Intent to Construct. The utility, the council of any town or city affected by said construction, or any other intervenor may appeal the Board's action to the Rhode Island Supreme Court in accordance with R.I. Gen. Laws § 42-98-12.

F. Notice of Intent to Construct a Power Line of More Than 1000 Feet but Less Than 6000 Feet or to Modify or Relocate a Power Line - In the case of the construction of a power line of more than 1000 feet but less than 6000 feet in length with a capacity of 69 kV or more or the modification or relocation of a power line with a capacity of 69 kV or more, a notice of intent for such project shall be filed with the Board and the council of any town or city affected by said construction at least 90 days before commencing construction. The notice shall include the following:

1. Identification of the owner(s) of the facility including identification of all affiliates of the proposed owners as that term is defined in R.I. Gen. Laws § 39-3-27.

2. Detailed description of the proposed facility including its length, route, function and operating characteristics, and complete plans as to all structures associated with the proposed facilities.

3. Detailed description and analysis of the impact of the project on the physical and social environment. The applicant shall also provide a review of the current independent scientific research pertaining to electromagnetic fields ("EMF") and shall provide data on the anticipated levels of EMF exposure and potential health risks associated with this exposure. To the extent the proposed project will have only negligible impact on any particular resource in the natural and social environment the applicant may so state and need not provide a detailed analysis of the baseline conditions for that resource.

4. All studies and forecasts which demonstrate the need for the proposed facility under the statewide master construction plan submitted annually.

5. A statement of reasons why the filing party believes that such project does not constitute a major energy facility or the alteration of a major energy facility.

G. The Board shall hold a public hearing in one or more of the cities or towns affected by an application under § 1.16(F) of this Part, upon such public notice as the Board shall determine.

H. Following such public hearing(s) and within sixty (60) days of the filing, the Board shall determine whether the project may result in a significant impact on the environment or the public health, safety and welfare and therefore shall be treated as an alteration. If the Board determines to treat the proposal as an alteration, it shall docket the application immediately and shall schedule a preliminary hearing for the project under § 1.7(H) of this Part. In its decision to treat a project as an alteration, the Board may limit the issues which it will consider in the proceedings on the project.

I. Form - To the extent possible all documents shall be bound and shall be submitted on 8 1/2 inch by 11 inch standard size paper.

J. Additional Information - The Board may at any time require the applicant, or the party responsible for filing a notice of intent as described above, to file additional information.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.6

Amended effective November 28, 2018