445 R.I. Code R. § 445-RICR-00-00-1.9 - Preliminary Hearing

Current through December, 23, 2021

A. Purpose - After the docketing of an application the board shall convene a preliminary hearing to determine the issues to be considered by the Board in evaluating application, to designate those agencies which shall act at the direction of the Board for the purpose of rendering advisory opinions, and to identify those licenses required by the facility which are under the direct control of the Department of Environmental Management (DEM) and Coastal Resources Management Council (CRMC).

B. Notice - Public notice of the date on which the preliminary hearing shall begin shall be published within fifteen (15) days of the docketing of the application. Preliminary hearings shall begin not sooner than forty-five (45) days after publication of the public notice and not later than sixty (60) days after the docketing of the application.

C. Testimony - Within the discretion of the Board, testimony and evidence at the preliminary hearing may be limited to the identification of issues only. Presentation of substantive testimony and evidence regarding any issue may be limited to agency proceedings for the rendering of advisory opinions of the Board's final hearing.

D. Preliminary Decision/Time - The Board shall render a preliminary decision within thirty (30) days of the conclusion of the preliminary hearing, but not later than forty-five (45) days after the beginning of the preliminary hearing.

E. Preliminary Decision/Contents

1. Mandatory Issues - The Board shall consider the ability of the proposed facility to meet the requirements of the laws, rules, regulations and ordinances under which, absent the Act, the applicant would be required to obtain a license.

2. Discretionary Issues - The Board shall separately identity all issues of any type which in its discretion it finds should be considered in the Board's final hearing.

3. DEM and Coastal Resources Management Council Licenses - The Board shall separately identify all licenses which the applicant will have to obtain and over which DEM and the CRMC retain primary authority pursuant to R.I. Gen. Laws § 42-98-7(a).

4. Designation of Agencies and Issues - The Board shall designate each agency which shall act at the discretion of the Board for the purpose of rendering advisory opinions and the Board shall separately identify all licenses and other issues on which such agencies must render advisory opinions.

5. Advisory Opinions/Time - The Board shall clearly state the time in which designated agencies and the Public Utilities Commission and the Statewide Planning Program must render advisory opinions. In no event shall an agency render the advisory opinion more than six months after issuance of the Board's preliminary decision.

6. DEM and CRMC Proceedings - The Board may request in its preliminary decision or by separate communication that DEM and CRMC give priority to licenses for energy facilities over which DEM or CRMC exercise licensing authority pursuant to delegated authority of federal law, state laws and regulations which implement such federal law or pursuant to R.I. Gen. Laws Chapters 2-1et seq. and 46-23et seq.

F. Later Designation of Agencies and Issues - The Board may at any time after the preliminary decision designate in writing additional agencies to render advisory opinions and additional issues to be considered by agencies or the Board.

G. Service - The Coordinator shall serve by certified mail, return receipt, a true and complete copy of the preliminary decision on the applicant, all parties to the preliminary hearing and the Chairperson, Director or Chief Executive Officer of designated agencies, the Commissioner of the Office of Energy Resources and any other agency or person designated by the Board.

H. Expedited Hearings - in the case on an application which covers only electric transmission lines, the applicant may file a request for an expedited hearing with its application. Such request shall include a draft preliminary order and shall be provided by the applicant to all intervenors. If the Board grants an expedited hearing, it shall provide in the notice of hearing that all intervenors and parties seeking to intervene shall file written comments on the applicant's draft preliminary order not less than ten days prior to the hearing.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.9

Amended effective November 28, 2018