CHAPTER
Site 100 ORGANIZATIONAL RULES
PART Site 101
PURPOSE AND APPLICABILITY
Site 101.01 Purpose. The purpose of the rules of the site
evaluation committee is to:
(a) Describe the requirements and procedures of
the site evaluation committee in reviewing and acting upon applications to
construct energy facilities, requests for modification of facilities,
determinations of jurisdiction and exemption, and similar or related business
before the committee or any designated subcommittee; and
(b) Describe the organization of the site
evaluation committee and any designated subcommittee.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
101.02 Applicability. The rules of the site evaluation committee
shall apply to:
(a)
Any person who constructs or operates, or proposes to construct or
operate an energy facility in
(b)
Any person who participates in public information sessions scheduled by
the applicant or adjudicative or informational public hearings conducted by the
committee, or a designated subcommittee, concerning an energy facility; and
(c)
Any person or organization appearing as a party, an intervenor, or a
public commenter before the committee or any designated subcommittee.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.01 “Abutting property” means any
property that is contiguous to or directly across a road, railroad, or stream
from property on, under or above which an energy facility is located or
proposed to be located.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 102.02 “Acceptance” means “acceptance” as defined in RSA 162-H:2, I, namely, “a determination by the committee that it finds that an application is
complete and ready for consideration.”
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.01)
Site
102.03 “Adaptive management” means a
system of management practices based on specified desired outcomes, monitoring
to determine if management actions are meeting the desired outcomes, and, if
not, provisions for management changes designed to ensure that the desired
outcomes are met or are re-evaluated.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.04 “Adjudicative hearing” means a
public hearing held by the committee in an adjudicative proceeding.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.02)
Site
102.05 “Adjudicative proceeding” means
“adjudicative proceeding” as defined in RSA 541-A:1, I, namely, “the procedure
to be followed in contested cases, as set forth in RSA 541-A:31 through RSA
541-A:36.”
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.06 “Administrator” means
“administrator” as defined in RSA 162-H:2, I-a, namely, “the administrator of
the committee,” as established by RSA 162-H.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.07 “Affected Communities” means the
proposed energy facility host
municipalities and unincorporated places, municipalities and unincorporated
places abutting the host municipalities and unincorporated places, and other
municipalities and unincorporated places that are expected to be affected by the
proposed facility, as indicated in studies included with the application
submitted with respect to the proposed facility.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.03)
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.04)
Site 102.10 “Area
of potential visual impact” means a geographic area from which a proposed
facility would be visible, and would result in potential visual impacts,
subject to the areal limitations specified in Site 301.05(b)(4).
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.11 “Astronomical maximum" means
the theoretical maximum number of hours that shadow flicker will be produced at
a location assuming the sun is shining all day from sunrise to sunset, the
rotor-plane of the turbine is always perpendicular to the sun, and the turbine
is always operating.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.12 “Best practical measures” means
available, effective, and economically feasible on-site or off-site methods or
technologies used during siting, design, construction, and operation of an
energy facility that effectively avoid, minimize,
or mitigate relevant impacts.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.121 “Blowdown event” means the
automatic or manual venting of natural gas from a compressor or a section of
pipeline taken off-line for maintenance or shutdown due to an emergency.
Source. #11155,
eff 8-16-16
Site
102.13 “Certificate” or “certificate of
site and facility” means “certificate”
or “certificate of site and facility” as defined in RSA 162-H:2, II-a, namely
“the document issued by the committee, containing such terms and conditions as
the committee deems appropriate, that authorizes the applicant to proceed with
the proposed site and facility.”
“Certificate” includes the document issued by a subcommittee, containing
such conditions as the subcommittee deems appropriate, that authorizes the
applicant to proceed with the proposed renewable energy facility.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.06)
Site 102.14 “Combined observation” means a viewer sees
multiple energy facilities from a stationary point within a typical cone of
vision.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 102.15
“Commission” means the
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.07)
Site 102.16
“Committee” means the site evaluation committee established under RSA
162-H.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.08)
Site
102.161 “Compressor station” means a
facility that mechanically re-pressurizes natural gas to keep the natural gas
flowing continuously in a pipeline at a desired flow rate.
Source. #11155,
eff 8-16-16
Site
102.17 “Critical wildlife habitat”
means, for a federally listed threatened or endangered species:
(a) The designated and mapped specific areas
within the geographical area occupied by the species, at the time it is listed
in accordance with the provisions of section 4 of the Endangered Species Act,
16 U.S.C. §1533, on which are found those physical or biological features:
(1) Essential
to the conservation of the species; and
(2) Which can
require special management considerations or protection; and
(b) Specific areas outside the geographical area occupied
by the species at the time it is listed in accordance with the provisions of
section 4 of the Endangered Species Act, 16 U.S.C. § 1533, upon a determination
by the Secretary of the United States Department of the Interior that such
areas are essential for the conservation of the species.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.18 “Cumulative impacts” means the totality
of effects resulting from a proposed wind energy facility, all existing wind
energy facilities, all wind energy facilities for which a certificate of site
and facility has been granted, and all proposed wind energy facilities for
which an application has been accepted.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 102.19 “Energy
facility” means “energy facility” as defined in RSA 162-H:2,VII, namely
“(a) any industrial structure that may be used
substantially to extract, produce, manufacture, transport or refine sources of
energy, including ancillary facilities as may be used or useful in
transporting, storing or otherwise providing for the raw materials or products
of any such industrial structure. This
shall include but not be limited to industrial structures such as oil
refineries, gas plants, equipment and associated facilities designed to use
any, or a combination of, natural gas, propane gas and liquefied natural gas,
which store on site a quantity to provide 7 days of continuous operation at a
rate equivalent to the energy requirements of a 30 megawatt electric generating
station and its associated facilities, plants for coal conversion, onshore and
offshore loading and unloading facilities for energy sources and energy
transmission pipelines that are not considered part of a local distribution
network.
(b) electric
generating station equipment and associated facilities designed for, or capable
of, operation at any capacity of 30 megawatts or more.
(c) an electric
transmission line of design rating of 100 kilovolts or more, associated with a
generating facility under subparagraph (b), over a route not already occupied
by a transmission line or lines.
(d) an electric
transmission line of a design rating in excess of 100 kilovolts that is in
excess of 10 miles in length, over a route not already occupied by a
transmission line.
(e) a new
electric transmission line of design rating in excess of 200 kilovolts.
(f) a renewable
energy facility.
(g) any other
facility and associated equipment that the committee determines requires a
certificate, consistent with the findings and purposes of RSA 162-H:1, either on
its own motion or by petition of the applicant or 2 or more petitioners as
defined in RSA 162-H:2, XI.”
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15 (from Site 102.09)
Site 102.20
“Energy transmission pipeline” means a pipeline used to transport
natural gas, oil, or other source of energy.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.21 “Exemplary natural community” means
“exemplary natural community” as defined in RSA 217-A:3, VII, namely, “a viable occurrence of a rare natural
community type or a high quality example of a more common natural community
type as designated by the natural heritage bureau based on community size,
ecological condition, and landscape context.”
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
102.22 “Fragmentation” means the loss of
habitat that results from the division of relatively large, continuous habitats
into smaller, more isolated remnants.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 102.221
“High pressure gas pipeline” means all parts of those physical
facilities through which gas moves in transportation, including pipe, valves,
and other appurtenance attached to pipe, compressor units, metering stations,
regulator stations, delivery stations, holders, and fabricated assemblies, at
a pressure greater than required to operate a distribution pipeline.
Source. #11155,
eff 8-16-16
Site 102.23 “Historic sites” means “historic property,”
as defined in RSA 227-C:1, VI, namely "any building, structure, object,
district, area or site that is significant in the history, architecture,
archeology or culture of this state, its communities, or the nation.” The term includes “any prehistoric or
historic district, site, building, structure, or object included in, or
eligible for inclusion in, the National Register of Historic Places maintained
by the Secretary of the Interior,” pursuant to 36 C.F.R. §800.16(l)(1).
Source. #10993, eff 12-16-15
Site 102.24 “Investment grade credit rating” means a
current rating for senior unsubordinated debt of AAA, AA, A, or BBB, as issued
by Standard and Poor’s Corporation, or Aaa, Aa, A, or
Baa, as issued by Moody’s Investors Service, Inc.
Source. #10993, eff 12-16-15
Site 102.25 “Key observation point” means a viewpoint
that receives regular public use and from which the proposed facility would be
prominently visible.
Source. #10993, eff 12-16-15
Site 102.26 “Landscape” means the characteristic, visible
features of an area including landforms, water forms, vegetation, historic and
cultural features and all other objects and aspects of natural and human
origin.
Source. #10993, eff 12-16-15
Site 102.27 “Migration corridors” means routes travelled
by fish or wildlife when travelling between seasonal habitats that are
necessary to maintain sustainable fish and wildlife populations.
Source. #10993, eff 12-16-15
Source. #10993, eff 12-16-15 (from
Site 102.10)
Site 102.29 “Natural community” means “natural community”
as defined in RSA 217-A:3, XI, namely,
“a recurring assemblage of plants and animals found in a particular physical
environment.”
Source. #10993, eff 12-16-15
Site 102.30 “Natural heritage bureau” means the natural
heritage bureau administered within the division of forests and lands of the
department of resources and economic development.
Source. #10993, eff 12-16-15
Source. #10993, eff 12-16-15 (from
Site 102.11)
Source. #10993, eff 12-16-15 (from
Site 102.12)
(a) A request to the committee to rule on the
applicability of this chapter to a particular proposed energy facility;
(b)
A petition for intervention made pursuant to RSA 541-A:32; or
(c)
Any other initial filing that requests the committee to take action with
respect to a matter within its jurisdiction or to determine whether it has
jurisdiction over a matter.
Source. #10993, eff 12-16-15 (from
Site 102.13)
Site 102.34 “Petitioner” means
(a)
For a petition as defined in Site 102.33(a), “petitioner” as defined in
RSA 162-H:2, XI, namely, “a person filing a petition meeting any of the
following conditions:
(a) A petition endorsed by 100 or more registered
voters in the host community or host communities;
(b) A petition endorsed by 100 or more registered
voters from abutting communities;
(c) A petition endorsed by the governing body of
a host community or 2 or more governing bodies of abutting communities; or
(d) A petition filed by the potential applicant;”
(b)
For a petition as defined in Site 102.33(b), a person who files a
petition for intervention pursuant to RSA 541-A:32; or
(c)
For a petition as defined in Site 102.33(c), a person who files the petition
with the committee.
Source. #10993, eff 12-16-15 (from
Site 102.14)
Site 102.35 “Photosimulations” means
computer-enhanced images generated using professionally accepted software that
illustrate the visible effects anticipated from a proposed facility.
Source. #10993, eff 12-16-15
Source. #10993, eff 12-16-15 (from
Site 102.15)
Source. #10993, eff 12-16-15 (from
Site 102.16)
Source. #10993, eff 12-16-15 (from
Site 102.17)
Site 102.39 “Public information session” means a public
meeting held before or after the filing of an application at which the
applicant presents information to the public regarding the proposed facility,
as provided for in RSA 162-H:10, I and I-a.
Source. #10993, eff 12-16-15
Site 102.40 “Rare natural community” means a natural
community ranked by the natural heritage bureau as S1 (critically imperiled),
S2 (imperiled), or S3 (very rare and local).
Source. #10993, eff 12-16-15
Site 102.41 “Rare plant” means any species included on
the most recent version of the “Rare Plant List for
Source. #10993, eff 12-16-15
Source. #10993, eff 12-16-15 (from
Site 102.19)
Site 102.43 “Rural area” means any geographic area in the
State of
Source. #10993, eff 12-16-15
Site 102.44 “Scenic quality” means a reasonable person’s
perception of the intrinsic beauty of landforms, water features, or vegetation
in the landscape, as well as any visible human additions or alterations to the
landscape.
Source. #10993, eff 12-16-15
Site 102.45 “Scenic resources” means resources to which
the public has a legal right of access that are:
(a)
Designated pursuant to applicable statutory authority by national,
state, or municipal authorities for their scenic quality;
(b)
Conservation lands or easement areas that possess a scenic quality;
(c)
Lakes, ponds, rivers, parks, scenic drives and rides, and other tourism
destinations that possess a scenic quality;
(d)
Recreational trails, parks, or areas established, protected or
maintained in whole or in part with public funds;
(e)
Historic sites that possess a scenic quality; or
(f)
Town and village centers that possess a scenic quality.
Source. #10993, eff 12-16-15
Site 102.46 “Sequential observation” means a viewer is
capable of seeing multiple energy facilities from different viewpoints as the
viewer travels along a particular route such as a trail, river, scenic byway,
or on a lake.
Source. #10993, eff 12-16-15
Source. #10993, eff 12-16-15 (from
Site 102.20)
Site 102.48 “Shadow flicker” means the alternating
changes in light intensity that can occur when the rotating blades of a wind
turbine are back-lit by the sun and cast moving shadows on the ground or on
structures.
Source. #10993, eff 12-16-15
Site 102.49 “Significant habitat resource” means habitat
used by a wildlife species for critical life cycle functions.
Source. #10993, eff 12-16-15
Site 102.50 “Significant wildlife species” means:
(a)
Any species listed as threatened or endangered, or which is a candidate
for such listing, by the
(b)
Any species listed as threatened, endangered, or of special concern by
the
Source. #10993, eff 12-16-15
Source. #10993, eff 12-16-15 (from
Site 102.21)
Site 102.52 “Successive observation” means a viewer sees
multiple energy facilities from a particular viewpoint, but not within the same
viewing arc, by changing the viewer’s cone of vision.
Source. #10993, eff 12-16-15
Site 102.53 “Urban cluster” means an “urban cluster” as designated by the U.S.
Census Bureau.
Source. #10993, eff 12-16-15
Site 102.54 “Urbanized area” means an “urbanized area” as
designated by the U.S. Census Bureau.
Source. #10993, eff 12-16-15
Site 102.55 “Visibility analysis” means a spatial
analysis conducted using computer software to determine the potential visibility
of a proposed facility.
Source. #10993, eff 12-16-15
Site 102.56 “Visual impact assessment” means the process
for determining the degree of change in scenic quality resulting from
construction of a proposed facility.
Source. #10993, eff 12-16-15
Site 102.57 “Wildlife” means “wildlife” as defined in RSA
207:1, XXXV, namely, “all species of mammals, birds, fish, mollusks,
crustaceans, amphibians, invertebrates, reptiles or their progeny or eggs
which, whether raised in captivity or not, are normally found in a wild state.”
Source. #10993, eff 12-16-15
PART Site 103 COMMITTEE DESCRIPTION
Site 103.01 Committee Membership and Responsibilities.
(a)
The committee consists of the following 9 persons, except as otherwise
provided in (b) below:
(1) The commissioners of the commission;
(2) The commissioner of the department of
environmental services;
(3) The commissioner of the department of
resources and economic development;
(4) The commissioner of the department of
transportation;
(5) The commissioner of the department of
cultural resources or the director of the division of historical resources as
designee; and
(6) Two members of the public appointed pursuant
to RSA 162-H:3, I (f), except in any matter for which an alternate public
member is appointed pursuant to RSA 162-H:3, XI.
(b)
If at any time a member who is a state employee must recuse himself or
herself on a matter, or is not otherwise available for good reason, such member
shall designate a senior administrative employee or a staff attorney from his
or her agency to sit on the committee.
(c)
The committee shall be responsible for the following:
(1) Evaluation and issuance of any certificate
for an energy facility under RSA 162-H and these rules;
(2) Determination of the terms and conditions of
any certificate issued under RSA 162-H and these rules;
(3) Adjudication and determination of any petition
filed under RSA 162-H and these rules;
(4) Monitoring of the construction and operation
of any energy facility issued a certificate under RSA 162-H and these rules to
ensure compliance with such certificate;
(5) Enforcement of the terms and conditions of
any certificate issued under RSA 162-H and these rules; and
(6) Assistance to the public in understanding the
requirements of RSA 162-H and these rules.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
103.02 Committee Chairperson and
Vice-Chairperson and Authority.
(a) The chairperson of the commission shall be
chairperson of the committee.
(b) The commissioner of the department of
environmental services shall be the vice-chairperson of the committee.
(c) The chairperson shall serve as the chief
executive of the committee and shall have the authority to do the following:
(1) Delegate to
other members the duties of presiding officer;
(2) Perform
administrative actions for the committee;
(3) Establish
the budgetary requirements of the committee, with the consent of the committee;
(4) Hire or engage
the administrator and other personnel to provide services to the committee;
(5) In the
absence of an administrator, and with approval of the committee, engage independent contractors or additional personnel to
provide technical, legal, or administrative support to fulfill the functions of
the committee; and
(6) Form
subcommittees pursuant to RSA 162-H:4-a and Site 103.03.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 103.03 Subcommittee Formation and Authority.
(a)
Pursuant to RSA 162-H:4-a, I, the chairperson may establish a subcommittee
to consider and make a decision on an application, including the issuance of a
certificate, or to exercise any other authority or perform any other duty of
the committee under this chapter, except that no subcommittee shall:
(1) Approve the budgetary requirements of the
committee;
(2) Approve any support staff positions paid for
through the site evaluation committee fund;
(3) Propose the committee funding plan under RSA
162-H:21; or
(4) Adopt initial or final rulemaking proposals.
(b)
For purposes of executing its regulatory functions under RSA 162-H and
these rules, a subcommittee shall assume the role of and be considered the
committee with all of its associated powers and duties in order to execute the
charge given the subcommittee upon its formation.
(c)
When considering the issuance of a certificate or a petition of
jurisdiction, a subcommittee shall have no fewer than 7 members, provided that:
(1) The 2 public members shall serve on each
subcommittee with the remaining 5 or more members selected by the chairperson
from among the state agency members of the committee;
(2) Pursuant to RSA 162-H:4-a, II, each selected
member may designate a senior administrative employee or staff attorney from
his or her respective agency to sit in his or her place on the subcommittee;
and
(3) The chairperson shall designate one member or
designee to be the presiding officer who shall be an attorney whenever
possible.
(d)
Pursuant to RSA 162-H:4-a, III, in any matter not covered under (c)
above, the chairperson may establish a subcommittee of 3 members, consisting of
2 state agency members and one public member, provided that:
(1) Pursuant to RSA
162-H:4-a, III, each state agency member may designate a senior administrative
employee or staff attorney from his or her agency to sit in his or her place on
the subcommittee; and
(2) The chairperson shall designate one member or
designee to be the presiding officer who shall be an attorney whenever
possible.
(e)
Any party whose interests might be affected may object to a matter being
assigned to a 3-person subcommittee pursuant to (d) above not less than 14 days
before the first hearing before such subcommittee.
(f)
If an objection as described in (e) above is received by the committee,
the chairperson shall remove the matter from the 3-person subcommittee and
either assign it to a subcommittee formed under (c) above or have the full
committee decide the matter.
Source. #9182,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
103.04 Committee Administrator and
Staff.
(a) Administrative services for the Committee
shall be provided by the administrator.
(b) The administrator shall monitor the construction
or operation of any energy facility issued a certificate under RSA 162-H and
these rules, if and to the extent such monitoring duties are delegated to the
administrator pursuant to RSA 162-H:4, III.
(c) The
administrator shall specify the use of any technique, methodology, practice, or
procedure approved within a certificate, if and to the extent such duty is
delegated to the administrator pursuant to RSA 162-H:4, III-a.
(d) The administrator shall specify minor changes
in route alignment to the extent that such changes are authorized by a
certificate for those portions of a proposed electric transmission line or
energy transmission pipeline, for which information was unavailable due to
conditions which could not have been reasonably anticipated prior to the
issuance of the certificate, if and to the extent such authority is delegated
to the administrator pursuant to RSA 162-H:4, III-a.
(e) The administrator, with committee approval,
shall engage additional technical, legal, or administrative support to fulfill
the functions of the committee as are deemed necessary, provided that any such
person to be hired by the administrator shall be approved by the chairperson.
(f) The chairperson or the administrator shall
appoint counsel to conduct all prehearing conferences, if such appointment
would promote the orderly conduct of the proceeding.
Source. #9182,
eff 6-17-08, ss by #10993, eff 12-16-15
Site 103.05 Counsel for the Public. Pursuant to RSA 162-H:9, the attorney general
shall appoint an assistant attorney general as counsel for the public in
seeking to protect the quality of the environment and in seeking to assure an
adequate supply of energy.
Source. #9182,
eff 6-17-08, ss by #10993, eff 12-16-15 (formerly Site 103.06)
PART Site 104 PUBLIC REQUESTS FOR INFORMATION
Site 104.01 Requests
for Committee Public Records.
(a) Requests for access to the public files and
records of the committee shall be directed to the administrator, or to the
chairperson of the committee if no administrator has been appointed, as
follows:
Administrator [Chairperson]
Site Evaluation
Committee
c/o
Tel. (603) 271-2431
Fax (603)
271-3878
TDD Access Relay N.H. 1-800-735-2964
(b) Any member of the public may request
photocopies of minutes and records of the committee in any proceeding or in any
other matter before the committee pursuant to (a) above upon a determination by
the presiding officer, in the case of a proceeding, or the chairperson, with
respect to all other committee matters, that such requested documents are not
exempt from disclosure pursuant to RSA 91-A:5.
(c) The committee shall provide the requested
documents to the person requesting such documents upon payment of the cost of
copying such documents pursuant to (b) above and (d) and (e) below.
(d) Copies shall be free for requests of 10 pages
or less.
(e) A charge of $0.10 per page shall be assessed
for every copy over the first 10 pages.
(f) The committee shall post public information
on its website at www.nhsec.nh.gov.
Source. #9182,
eff 6-17-08, ss by #10993, eff 12-16-15
CHAPTER Site 200 PRACTICE AND PROCEDURE RULES
PART Site 201 PUBLIC INFORMATION SESSIONS AND HEARINGS
Site 201.01 Public Information Sessions Prior to
Application.
(a)
Not less than 30 days prior to filing an application for a certificate,
the applicant shall hold not less than one public information session in each
county in which the proposed facility is to be located, at which session the
applicant shall present information regarding the project and provide an
opportunity for comments and questions from the public to be addressed by
the applicant.
(b)
The applicant shall publish a public notice not less than 14 days before
each such session in one or more newspapers having a regular circulation in the
county in which the session is to be held.
This notice shall describe the nature and location of the proposed
facility. The applicant shall mail a
copy of this notice to each of the affected communities by first class mail and
to each owner of abutting property by certified mail.
(c)
Not less than 10 days before each such session, the applicant shall
provide to the chairperson of the committee a copy of the public notice
published pursuant to (b) above.
(d)
The applicant shall arrange for a transcript of such session to be
prepared and shall include the transcript in its application for a certificate.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 201.02 Public Information Sessions After
Application.
(a)
Within 45 days after acceptance of an application for a certificate
pursuant to Site 301.10, the applicant shall hold not less than one public
information session in each county in which the proposed facility is to be
located, at which session the applicant shall present information regarding the
proposed energy facility described in the application and provide an
opportunity for comments and questions from the public to be addressed by
the applicant.
(b)
The applicant shall publish a public notice not less than 14 days before
each such session in one or more newspapers having a regular circulation in the
county in which the session is to be held, describing the nature and location
of the proposed facility. The applicant
shall mail a copy of this notice to each of the affected communities by first
class mail.
(c)
Not less than 10 days before each such session, the applicant shall
provide to the presiding officer of the committee a copy of the public notice
published pursuant to (b) above.
(d)
The administrator, or a designee of the presiding officer of the committee,
shall act as presiding officer of the public information session, and shall
explain to the attendees at such session the process to be used by the
committee to review the application for the proposed facility.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 201.03 Public Hearings in Host Counties.
(a)
Within 90 days after acceptance of an application for a certificate
pursuant to Site 301.10, the committee shall hold not less than one public
hearing in each county in which the proposed facility is to be located.
(b)
Each public hearing held under (a) above shall be a joint hearing with
representatives of any agencies that have permitting or other regulatory
authority over the subject matter, and shall be in lieu of and deemed to
satisfy all initial requirements for public hearings under the statutes requiring
permits relative to environmental impact applicable to the proposed facility.
(c)
Notwithstanding (b) above, if any agency that has permitting or other
regulatory authority over the subject matter does not otherwise have authority
to conduct hearings, such agency may not join in the public hearing, provided
that the ability or inability of any such state agency to join in the public
hearing shall not affect the composition of the committee or the ability of any
member of the committee to act in accordance with RSA 162-H and these rules.
(d)
The committee shall publish a public notice not less than 14 days before
each such public hearing in one or more newspapers having a regular circulation
in the county in which the hearing is to be held, describing the nature and
location of the proposed facility. The
committee shall mail a copy of this notice to each of the affected communities
by first class mail.
(e) At each such public hearing, members of the
public having an interest in the subject matter shall be provided with an
opportunity to state their positions.
(f)
The committee shall require members of the public desiring to make oral
statements at any such public hearing to so indicate by providing their names,
town or city of residence, and parties represented on a roster made available
for this purpose prior to the commencement of the hearing. Individuals who do not wish to speak in
public may submit a statement to be read by a person of their choice.
(g)
The committee shall arrange for a transcript of each such public hearing
to be prepared and shall post the transcript on its website.
(h)
The committee shall post on its website all written documents submitted
in connection with any such public hearing, including those submitted by
members of the public.
Source. #10993, eff 12-16-15
Site
201.04 Additional Information
Sessions. Pursuant to RSA 162-H:10,
I-b, upon request of the governing body of a municipality or unincorporated
place in which the proposed energy facility is to be located, or on the
committee’s own motion, the committee may order the applicant to provide such
additional public information sessions as are reasonable to inform the public
regarding the proposed energy facility. At each such additional public information
session, the applicant shall present information regarding the project and provide an
opportunity for comments and questions from the public to be addressed by
the applicant.
Source. #10993, eff 12-16-15
PART Site 202 ADJUDICATIVE PROCEEDINGS
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
202.02 Presiding Officer and Hearing
Officer.
(a) The chairperson of the committee shall preside
over adjudicative hearings conducted before the full committee or shall
designate the vice-chairperson or another member as presiding officer for such
proceedings. In the case of any
adjudicative proceeding to be conducted before a subcommittee, the chairperson
shall designate one member or designee to be the presiding officer, who shall
be an attorney whenever possible.
(b) In the absence of the designated presiding
officer, the members of the committee or subcommittee, as applicable, who are present
shall select by majority vote a member of such committee or subcommittee to
serve as presiding officer.
(c) In adjudicative proceedings, the presiding
officer shall:
(1) Facilitate
informal resolution of contested issues;
(2) Conduct any
hearing in a fair, impartial and efficient manner;
(3) Decide any
disputed petitions for intervention;
(4) Admit
relevant evidence and exclude irrelevant, immaterial or unduly repetitious
evidence;
(5) Provide
opportunities for the parties and committee members to question any witness;
(6) Receive
public statements; and
(7) Cause a
complete record of any hearing to be made.
(d) In any matter before the committee or any
subcommittee, the presiding officer, or a hearing officer designated by the presiding
officer, shall hear and decide procedural matters that are before the
committee, including the following:
(1) Procedural
schedules for proceedings;
(2) Discovery
schedules for proceedings;
(3) Discovery motions
in proceedings;
(4)
Consolidation of parties having substantially similar interests;
(5) Decisions
on undisputed petitions for intervention; and
(6)
Identification of significant disputed issues for hearing and decision
by the committee.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.03 Withdrawal of Committee or Subcommittee Member.
(a)
Upon his or her own initiative, or upon the motion of any party, a
member of the committee or any subcommittee shall, for good cause, withdraw
from a proceeding to consider an application or petition.
(b)
Good cause shall exist if a committee or subcommittee member has:
(1) A direct interest in the outcome of the
proceeding, including, but not limited to, a financial or family relationship
within the third degree of relationships, with any party or representative;
(2) Made statements or engaged in behavior which a
reasonable person would believe indicates that he or she has prejudged the
facts of the case; or
(3) Personally believes he or she cannot fairly
judge the facts of the case.
(c)
Mere knowledge of the issues, the parties, counsel, consultants, representatives
or any witness shall not constitute good cause for withdrawal.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.04 Appearances and Representation. A party or the party’s representative shall
file an appearance that includes the following information:
(a) A brief identification of the matter;
(b) A statement as to whether or not the
representative is an attorney and, if so, whether the attorney is licensed to
practice in
(c) The party or representative's daytime
address, telephone number, e-mail address, and other basic contact information.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
202.05 Participation of Committee and
Agency Staff.
(a) The commissioner or director of each state agency
that intends to participate in a committee proceeding shall advise the
presiding officer of the name of the individual on the agency’s staff
designated to be the agency liaison for the proceeding.
(b) The presiding officer shall request the attendance
of a participating state agency’s designated liaison at a session of the
committee or any subcommittee, if that person could materially assist the
committee or subcommittee in its examination or consideration of a matter.
(c) Within 30 days of receipt of notification of
a committee proceeding, a state agency not having permitting or other
regulatory authority but seeking to participate in the proceeding shall advise
the presiding officer of the committee in writing of such intent to
participate.
(d) The presiding officer shall permit the
participation of a state agency in a committee proceeding pursuant to a request
submitted under (c) above if the presiding officer finds that the agency has
demonstrated a material interest in the proceeding and its participation
conforms with the procedural rules of the committee.
(e) All communications between the committee and
state agencies regarding a pending committee proceeding shall be included in
the official record of the proceeding and shall be publicly available.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.06 Format
of Documents.
(a) All correspondence, pleadings, motions,
petitions or other documents filed under these rules shall:
(1) Include the
title and docket number of the proceeding, if known;
(2) Be
typewritten or clearly printed on paper 8 ˝ by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or if the party appears by representative, by the representative; and
(4) Include a statement certifying that the document
has been served on all parties to the proceeding.
(b) The signature on a document filed with the
committee or subcommittee, as applicable, shall constitute certification that:
(1) The signer
has read the document;
(2) The signer
is authorized to file the document;
(3) To the best
of the signer’s knowledge, information and belief, there are good and
sufficient grounds to support the document; and
(4) The
document has not been filed for purposes of delay.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.07 Service of Documents.
(a)
All petitions, motions, exhibits, memoranda, comments, correspondence or
other documents filed by any party to a proceeding governed by these rules
shall be served by that party upon all other parties on the service list.
(b)
All notices, orders, decisions or other documents issued by the
committee or subcommittee, as applicable, pursuant to these rules shall be
served by the presiding officer upon all parties on the service list.
(c)
Service of all documents relating to a proceeding shall be made by
electronic mail, unless a party or person listed on the service list has
indicated an inability to receive service by electronic mail, in which case
service shall be made by first class mail, postage prepaid, in the United
States mail.
(d)
If a party serving any document does not have the ability to serve such
document by electronic mail, service shall be made by first class mail, postage
prepaid, in the
(e) Notwithstanding paragraphs (a) through (c),
when a party appears by a representative, service shall be upon the
representative by electronic mail, unless the representative has indicated an
inability to receive service by electronic mail, in which case service shall be
made by first class mail, postage prepaid, in the United States mail at the
address stated in the appearance filed by the representative.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.08 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to in these rules shall begin
with the day after the action which sets the time period in motion, and shall
include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or
legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.10 Prehearing Conference.
(a)
Prehearing conferences shall be conducted in accordance with RSA
541-A:31.
(b)
The committee or subcommittee shall designate counsel or the
administrator to serve as the presiding officer for a prehearing conference
when it is necessary to assure the orderly process of the proceeding.
(c)
Following the prehearing conference, the presiding officer shall issue
in writing to the parties and intervenors a procedural schedule for the
proceeding, including a schedule for the conduct of discovery.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a) Persons seeking to intervene in a
proceeding shall file petitions with the committee or subcommittee, as
applicable, with copies served on all parties identified in the committee or
subcommittee notice of hearing or prehearing conference.
(b)
The presiding officer, or any hearing officer designated by the
presiding officer if the petition is undisputed, shall grant a petition to
intervene if:
(1) The petition is submitted in writing to the
presiding officer, with copies mailed to all parties named in the order of
notice of the hearing or prehearing conference, not less than 3 days before the
hearing or prehearing conference;
(2) The petition
states facts demonstrating that the petitioner's rights, duties, privileges,
immunities or other substantial interests might be affected by the proceeding
or that the petitioner qualifies as an intervenor under any provision of law,
including a state agency pursuant to RSA 162-H:7-a, VI; and
(3) The presiding officer or hearing officer, as
applicable, determines that the interests of justice and the orderly and prompt
conduct of the proceedings would not be impaired by allowing the intervention.
(c)
The presiding officer, or any hearing officer designated by the
presiding officer if the petition is undisputed, shall grant one or more
late-filed petitions to intervene pursuant to RSA 541-A:32, II, upon
determining that such intervention would be in the interests of justice and
would not impair the orderly and prompt conduct of the hearings.
(d)
The presiding officer, or any hearing officer designated by the
presiding officer if the petition is undisputed, shall impose conditions upon
an intervenor’s participation in the proceedings, either at the time that
intervention is granted or at any subsequent time, including the following
conditions, if such conditions promote the efficient and orderly process of the
proceeding:
(1) Limitation of such intervenor’s participation
to designated issues in which the intervenor has a particular interest demonstrated
by the petition;
(2) Limitation of such
intervenor’s use of cross-examination and other procedures so as to promote the
orderly and prompt conduct of the proceedings; and
(3) Requiring 2 or
more such intervenors to combine their presentations of evidence and argument,
cross-examination and other participation in the proceedings.
(e)
Limitations imposed in accordance with paragraph (d) shall not be so
extensive as to prevent such an intervenor from protecting the interest that
formed the basis of the intervention.
(f)
Any party aggrieved by a decision on a petition to intervene may within
10 days request that the decision be reviewed by the committee or subcommittee,
as applicable.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a) The applicant or petitioner, the public
counsel, and any person granted intervenor status shall have the right to
conduct discovery in an adjudicative proceeding pursuant to this rule and in
accordance with an applicable procedural order.
(b) Any person entitled to conduct discovery
pursuant to (a) above shall have the right to serve upon any party data
requests, which may consist of a written interrogatory or request for
production of documents.
(c) Data requests shall identify with specificity
the information or materials sought.
(d) A person
or group of persons who or which are voluntarily or by order participating in
the proceeding together may serve more than one set of data requests on a
party, but the total number of data requests served by each person or group, as
the case may be, shall not exceed 50, unless otherwise permitted by ruling of
the presiding officer or any
hearing officer designated by the presiding officer, upon request of the person
and a finding that the proposed number of data requests is necessary to address
the complexity of relevant issues and would not adversely affect the conduct of
the proceeding.
(e) In determining
what constitutes a data request for the purpose of applying the number
limitation set forth in (d) above, each question shall be counted separately,
whether or not it is subsidiary or incidental to or dependent upon or included
in another question, and however the questions may be grouped, combined, or
arranged.
(f) A copy of each data request, each objection
to data requests, and each response to data requests shall be served upon every
person designated for discovery filings on the committee’s official service
list for the proceeding.
(g) Responses to data requests and objections to
data requests shall not be filed with the committee or subcommittee.
(h) A response to a data request shall be made
within 10 days of the date of receipt or in accordance with a procedural
schedule established by the presiding officer or any hearing officer designated
by the presiding officer in order to permit the timely and efficient conduct of
the proceeding.
(i) Objections to
data requests shall:
(1) Be served
in writing on the propounder of the requests within
10 days following receipt of the request unless a different time period is
specified in an applicable procedural order; and
(2) Clearly
state the grounds on which the objections are based.
(j) Failure to object to a data request or requests
for documents within 10 days of its receipt without good cause shall be deemed
a waiver of the right to object.
(k) Motions to compel responses to data requests
shall:
(1) Be made
pursuant to Site 202.14;
(2) Be made
within 10 days of receiving the applicable response or objection, or the
deadline for providing the response, whichever is sooner;
(3) Specify the
basis of the motion; and
(4)
Certify
that the movant has made a good-faith effort to resolve the dispute informally.
(l) The presiding officer
or any hearing officer designated by the presiding officer shall authorize other forms of discovery, including
technical sessions, requests for
admission of material facts, depositions, and any other discovery method permissible in civil judicial
proceedings before a state court, when such discovery is necessary to enable the parties to acquire evidence admissible
in a proceeding.
(m) When a party has provided a response to a
data request, and prior to the issuance of a final order in the proceeding, the
party shall have a duty to reasonably and promptly amend or supplement the
response if the party obtains information which the party would have been
required to provide in such response had the information been available to the
party at the time the party served the response.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a) The committee or subcommittee, as applicable,
and public counsel shall conduct a site visit of any property which is the
subject of a proceeding if requested by a party, or on its own motion, if the
committee or subcommittee determines that the site visit will assist the
committee or subcommittee in reaching a determination in the proceeding.
(b) The
presiding officer shall determine who may attend any site visit conducted
pursuant to (a) above and shall specify the conditions and restrictions
applicable to the site visit.
(c)
The applicant shall provide full access to the site of its proposed
energy facility for any site visit conducted pursuant to (a) above at
reasonable times and subject to reasonable conditions.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.14 Motions and Objections.
(a)
Motions shall be in writing and filed with the committee unless made in
response to a matter asserted for the first time at a hearing.
(b)
Oral motions and any contemporaneous objection to such motions shall be
recorded in full in the record of the hearing.
(c)
The presiding officer or any hearing officer
designated by the presiding officer shall direct the moving party to submit the
motion in writing, with supporting information, by the deadline established by
the presiding officer or hearing officer if the presiding officer or hearing
officer finds that the motion requires additional information in order to be
fully and fairly considered. The
presiding officer or hearing officer designated by the presiding officer shall
establish a deadline that promotes the efficient and orderly process of the
proceeding.
(d)
The moving party shall make a good faith effort to obtain concurrence
with the relief sought from other parties, if the relief sought involves a
postponement or extension of time.
(e)
The caption of a motion shall state whether it is assented-to or
contested, and shall identify within the body of the motion those parties that:
(1) Concur in the motion;
(2) Take no position on the motion;
(3) Object to the motion; and
(4) Could not be
reached despite a good faith effort to do so, if the motion requests a
postponement or extension of time.
(f)
Objections to written motions shall be filed within 10 days after the
date of the motion, unless a different time period is prescribed by the
presiding officer or any hearing officer designated by the presiding officer.
(g)
Failure by an opposing party to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(h)
The presiding officer or any hearing officer designated by the presiding
officer shall rule upon a motion after full consideration of
all objections and other factors relevant to the motion.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a) The committee or subcommittee, as applicable,
shall waive any of the provisions of these rules, except where precluded by
statute, on its own motion or upon request by an interested party, if the
committee or subcommittee finds that:
(1) The waiver
serves the public interest; and
(2) The waiver will not disrupt the orderly and
efficient resolution of matters before the committee or subcommittee.
(b) In determining the public interest, the
committee or subcommittee shall waive a rule if:
(1) Compliance
with the rule would be onerous or inapplicable given the circumstances of the
affected person; or
(2) The purpose
of the rule would be satisfied by an alternative method proposed.
(c) Any interested party seeking a waiver shall
make a request in writing, except as provided in (d) below.
(d) The committee or subcommittee, as applicable,
shall accept for consideration any waiver request made orally during a hearing
or prehearing conference.
(e) A request for a waiver shall specify the
basis for the waiver and the proposed alternative, if any.
(f) Other parties shall be provided the
opportunity to comment on any waiver request before the committee.
Source. #9183-A, eff 6-17-08; ss by #10993, eff
12-16-15
Site 202.16 Postponements.
(a)
A party requesting
postponement of a hearing shall file a written request with the committee or
subcommittee, as applicable, not less than 7 days prior to the date of the
hearing.
(b)
The party requesting postponement shall make a good faith attempt to
seek the concurrence of the other parties with the request.
(c)
The committee or subcommittee, as applicable, shall grant a request for
postponement of a hearing if it finds that to do so would promote the orderly
and efficient conduct of the proceeding.
(d)
If the later date, time and place are known at the time of the hearing
that is being postponed, the date, time and place shall be stated on the record.
(e)
If the later date, time and place are not known at the time of the
hearing that is being postponed, the committee shall issue a written order
stating the date, time and place of the postponed hearing as soon as practicable.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a)
The applicant or any other party may make an oral or written motion at
hearing that the hearing be continued to a later date or time, stating good
cause for such requested continuance.
(b)
A motion for continuance shall be granted if the presiding officer or
any hearing officer designated by the presiding officer determines that the
proposed continuance will promote the orderly and efficient conduct of the
proceeding and assist in resolving the case fairly.
(c)
If the later date, time and place are known when the hearing is continued,
the information shall be stated on the record.
(d)
If the later date, time and place are not known when the hearing is
continued, the presiding officer or the designated hearing officer, as
applicable, shall issue a written scheduling order stating the date, time and
place of the continued hearing.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.19 Burden and Standard of Proof.
(a) The party asserting a proposition
shall bear the burden of proving the proposition by a preponderance of the
evidence.
(b)
An applicant for a certificate of site and facility shall bear the
burden of proving facts sufficient for the committee or subcommittee, as
applicable, to make the findings required by RSA 162-H:16.
(c) In a hearing held to determine
whether a certificate, license, permit or other approval that has already been
issued should be suspended, revoked or not renewed, the committee or
subcommittee, as applicable, shall make its decision based on a preponderance
of the evidence in the record.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a)
The applicant or other party bearing the overall burden of proof;
(b)
Intervenors; and
(c)
Counsel for the public.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.22 Prefiled Testimony.
(a)
An applicant’s prefiled testimony and exhibits
shall be filed with its application.
(b)
Prefiled testimony and exhibits from other
parties or rebuttal testimony from the applicant or any other party shall be
filed as determined by a procedural order issued by the presiding officer.
(c)
One copy of prefiled testimony and exhibits
shall also be forwarded by the applicant to each party and to each person
listed on the service list, through electronic mail distribution unless
otherwise specified in a procedural order issued by the presiding officer.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.23 Filings
and Applications.
(a)
All applications, petitions and filings shall be made to the following
address:
Site Evaluation Committee
c/o N.H. Public Utilities Commission
(b) Each person filing a document shall, in
addition to any required paper filing, electronically file the document, to the
extent practicable, in an electronic file format compatible with the computer
system of the commission.
(c) The committee shall maintain a list on its
website of the types of electronic file formats compatible with the computer
system of the commission.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All documents, materials and objects offered
as exhibits shall be admitted into evidence, unless excluded by the presiding
officer as irrelevant, immaterial, unduly repetitious or legally privileged.
(c) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
(d) Transcripts of testimony and documents or
other materials admitted into evidence shall be public records, unless the
presiding officer determines that all or part of a transcript or document is
exempt from disclosure under RSA 91-A:5, as interpreted by case law.
Source. #9183-A, eff 6-17-08; ss by #10993, eff 12-16-15
Site
202.25 Public Statements.
(a) Members of the public who do not have
intervenor status in a proceeding but have an interest in the subject matter
shall be provided with an opportunity at a hearing or prehearing conference to
state their positions.
(b) The committee shall require members of the
public desiring to make oral statements at a hearing or prehearing conference
to so indicate by providing their names, contact information, and parties
represented on a roster made available for this purpose prior to the
commencement of the hearing or prehearing conference. Individuals who do not wish to speak in
public may submit a statement to be read by a person of their choice.
(c)
Statements by members of the public shall be unsworn and shall not be subject
to cross-examination.
(d) Any written information or reports submitted
by members of the public pursuant to RSA 162-H:10, III shall be presented prior
to the close of the record of the proceeding.
(e) Members of the public providing written
information or reports pursuant to RSA 162-H:10, III shall provide copies of
the written materials to the applicant.
(f) Records shall be maintained of all submittals
of information and reports by members of the public and of all other actions,
proceedings, and correspondence of or before the committee.
(g) The committee shall post on its website all
written documents submitted in connection with an adjudicative proceeding,
including those submitted by members of the public, except as provided in
202.24(d).
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
202.26 Closing the Record.
(a) At
the conclusion of a hearing, the record shall be closed and no other evidence, testimony,
exhibits, or arguments shall be allowed into the record, except as allowed by
(b) below.
(b)
Prior to the conclusion of the hearing, a party may request that the record be
left open to accommodate the filing of evidence, exhibits or arguments not
available at the hearing.
(c) If the other parties in the proceeding do not
object, or if the presiding officer determines that such evidence, exhibits or arguments
are necessary for a full consideration of the issues raised in the proceeding,
the presiding officer shall specify a date no later than 30 days after the
conclusion of the hearing for the record to remain open to receive the
evidence, exhibits or arguments.
(d) If any other party in the proceeding requests
time to respond to the evidence, exhibits or arguments submitted, the presiding
officer shall specify a date no later than 30 days following the submission for
the filing of a response.
(e) If
any other party in the proceeding requests the opportunity to cross-examine on
the additional evidence, exhibits or arguments submitted, the presiding officer
shall specify a date no later than 30 days following the submission for a
hearing at which cross-examination on the additional evidence, exhibits or
arguments submitted shall be allowed.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.27 Reopening the Record.
(a)
A party may request by written motion that the record in any proceeding
be re-opened to receive relevant, material and non-duplicative testimony,
evidence or argument.
(b)
If the presiding officer determines that additional testimony, evidence
or argument is necessary for a full consideration of the issues presented in
the proceeding, the record shall be reopened to accept the offered testimony,
evidence or argument.
(c)
The presiding officer shall specify a date no later than 30 days from
the date of receiving the additional testimony, evidence or argument by which
other parties shall respond to or rebut the newly submitted testimony, evidence
or argument.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
202.28 Issuance
or Denial of Certificate.
(a) The committee or
subcommittee, as applicable, shall make a finding regarding the criteria stated
in RSA 162-H:16, IV, and Site 301.13 through 301.17, and issue an order
pursuant to RSA 541-A:35 issuing or denying a certificate.
(b) The committee shall keep a written decision
or order and all filings related to an application on file in its public
records for not less than 5 years following the date of the final decision or
order or the date of the decision on any appeal, unless the director of the
division of records management and archives of the department of state sets a
different retention period pursuant to a uniform procedures manual adopted
under RSA 5:40.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a) The rules in this section are intended to
supplement RSA 541, which requires or allows a person to request rehearing of
an order or decision of the committee prior to appealing the order or decision.
(b) The
rules in this section shall apply whenever any person has a right under
applicable law to request a rehearing of an order or decision prior to filing
an appeal of the order or decision with the court having appellate
jurisdiction.
(c) A motion for rehearing shall be filed within
30 days of the date of a committee decision or order.
(d) A motion for rehearing shall:
(1) Identify
each error of fact, error of reasoning, or error of law which the moving party
wishes to have reconsidered;
(2) Describe how
each error causes the committee’s order or decision to be unlawful, unjust or
unreasonable;
(3) State
concisely the factual findings, reasoning or legal conclusion proposed by the
moving party; and
(4) Include any
argument or memorandum of law the moving party wishes to file.
(e) The committee shall grant or deny a motion
for rehearing, or suspend the order or decision pending further consideration,
within 10 days of the filing of the motion for rehearing.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 202.30 Ex Parte Communications Prohibited.
(a)
Committee members shall not communicate directly or indirectly with any
person or party about the merits of an application or petition, unless all
parties are given notice of the communication and are afforded an opportunity
to participate.
(b)
Communications between or among committee members, or between committee
members and their attorneys, the administrator or committee staff, or between
or among the presiding officer and one or more personal assistants or support
staff personnel are not prohibited under this section.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
PART Site 203
DECLARATORY RULINGS
Site 203.01 Declaratory
Rulings.
(a) Any person may submit a petition for
declaratory ruling from the committee on matters within its jurisdiction by
filing an original written petition and 10 copies with the committee.
(b) A petition for declaratory ruling shall set
forth the following information:
(1) The exact
ruling being requested; and
(2) The
statutory and factual basis for the requested ruling, including any supporting
affidavits or memoranda of law.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site
203.02 Action on Requests.
(a)
The person filing a petition to request a declaratory ruling shall provide
such further information or participate in such evidentiary or other
proceedings as the committee shall direct after reviewing the petition and any
objections or other replies received with respect to the petition.
(b) Upon review and consideration, the
committee shall issue a written ruling either granting or denying the petition,
including an explanation of the factual and legal basis for granting or denying
the petition, within 90 days of receipt of the petition.
(c)
The committee may dismiss a petition for declaratory ruling that:
(1) Fails to set forth factual allegations that
are definite and concrete;
(2) Involves a hypothetical situation or
otherwise seeks advice as to how the committee would decide a future case;
(3) Does not implicate the legal rights or
responsibilities of the petitioner; or
(4) Is not within the committee’s jurisdiction.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a)
A rule of the committee or any amendment or repeal thereof shall be
adopted by the committee after notice and opportunity for hearing in accordance
with this part.
(b)
Rules may be proposed by any person or by the committee.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Site 204.02 Manner for Adoption.
(a) The committee shall commence a rulemaking
proceeding by drafting a proposed rule or by accepting as a proposed rule the
draft of a rule proposed by any person.
(b) With respect to any proposed rule,
the committee shall conduct rulemaking and adoption proceedings pursuant to RSA
541-A.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a)
Requests shall be submitted to the committee by letter addressed to the
chairperson;
(b)
Requests shall contain the following:
(1) The date of the request;
(2) The name, address and telephone number of the
person making the request; and
(3) The name and address of any other person or
organization represented by the person making the request;
(c)
The person making the request shall sign the request;
(d)
The request shall be typed or printed in a legible fashion;
(e) The person making the request
shall cite the rule and its provisions and specify any changes desired if
repeal or amendment is sought, and, if possible, shall provide the text of the
proposed rule if promulgation is sought;
(f) The person making the request
shall include a detailed and complete statement of the reasons offered in
support of the requested action;
(g)
If the committee determines that any rulemaking request is deficient in
any respect, the committee shall, within 15 days of receipt of said request,
notify the person making the request in writing of the specific deficiencies
and allow such person to amend the request;
(h)
Within 30 days of receipt of a request or amended request for
rulemaking, the committee shall take one of the following actions:
(1) Initiate the requested rulemaking procedures,
in accordance with this part; or
(2) Deny the request, in writing, stating the
reasons for denial;
(i) The committee shall grant the rulemaking
request if the request is consistent with statute and case law and will assist
the committee with its statutory duties.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
(a)
If the committee initiates rulemaking proceedings under RSA 541-A, or if
rulemaking is initiated pursuant to a request for rulemaking, the committee
shall hold not less than one public hearing pursuant to RSA 541-A:11.
(b)
Notice shall be given not less than 20 days prior to the public hearing
pursuant to RSA 541-A:6, I.
(c)
The committee shall limit the time allowed at hearing for each person’s
comments when necessary to allow all persons who wish to make oral comments a
reasonable opportunity to do so.
(d) The committee shall require persons desiring
to make oral comments to so indicate by providing their names, contact
information, and parties represented on a roster made available for this
purpose prior to the commencement of the public hearing.
(e)
The committee shall permit persons to submit written comments in any
rulemaking proceeding for a period of time ending not less than 5 days
following the close of the public hearing.
Source. #9183-A,
eff 6-17-08; ss by #10993, eff 12-16-15
PART Site 205
EXPLANATION OF PROPOSED RULE
Site
205.01 Explanation of Proposed Rule.
(a) If requested by an interested person at any
time before 30 days after final adoption of a rule, the committee shall issue a
written explanation of the rule pursuant to RSA 541-A:11, VII.
(b) An explanation issued pursuant to this
section shall include:
(1) A concise
statement of the principal reasons for and against the adoption of the rule in
its final form; and
(2) An
explanation of why the committee overruled the arguments and considerations
against the rule.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15
CHAPTER Site 300
CERTIFICATES OF SITE AND FACILITY
PART Site 301
REQUIREMENTS FOR APPLICATIONS FOR CERTIFICATES
(a) Each applicant for a certificate for an
energy facility shall file with the committee one original and 15 paper copies
of its application and an electronic version of its application in PDF format,
unless otherwise directed by the chairperson or the administrator, after
consultation by the chairperson or administrator with state agencies that are
required to be provided a copy of the application under this chapter, in order
to permit the timely and efficient review and adjudication of the application.
(b) The committee or the administrator shall:
(1) Acknowledge
receipt of an application filed under Site 301.01(a) in writing directed to the
applicant;
(2) Forward a
copy of the application and acknowledgment to each member of the committee;
(3) Forward a copy
of the application to each state agency required to receive a copy under Site
301.10(a) and (b); and
(4) Post a copy
of each application on the committee’s website.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15
Site
301.02 Format of Application.
(a) Paper copies of applications shall be
prepared on standard 8 ˝ x 11 inch sheets, and plans, maps, photosimulations,
and other oversized documents shall be folded to that size or rolled and
provided in protective tubes. Electronic
copies of applications shall be submitted through electronic mail, on compact
discs, or in an electronic file format compatible with the computer system of
the commission.
(b) Each application shall contain a table of
contents.
(c) All information furnished shall appear in the
same order as the requirements to provide that information appear in Site
301.03 through 301.09.
(d) If any numbered item is not applicable or the
information is not available, an appropriate comment shall be made so that no
numbered item shall remain unanswered.
(e) To the extent practicable, copies of
applications shall be double-sided.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15
Site
301.03 Contents of Application.
(a) Each application for a certificate of site and
facility for an energy facility shall be signed and sworn to by the person, or
by an authorized executive officer of the corporation, company, association, or
other organization making such application.
(b) Each application shall include the information
contained in this paragraph, and in (c) through (h) below, as follows:
(1) The name of
the applicant;
(2) The
applicant’s mailing address, telephone and fax numbers, and e-mail address;
(3) The name
and address of the applicant’s parent company, association, or corporation, if
the applicant is a subsidiary;
(4) If the
applicant is a corporation:
a. The state of
incorporation;
b. The
corporation’s principal place of business; and
c. The names
and addresses of the corporation’s directors, officers, and stockholders;
(5) If the
applicant is a limited liability company:
a. The state of
the company’s organization;
b. The
company’s principal place of business; and
c. The names
and addresses of the company’s members, managers, and officers;
(6) If the
applicant is an association, the names and addresses of the residences of the
members of the association; and
(7) Whether the
applicant is or will be the owner or lessee of the proposed facility or has or
will have some other legal or business relationship to the proposed facility,
including a description of that relationship.
(c) Each application shall contain the following
information with respect to the site of the proposed energy facility and
alternative locations the applicant considers available for the proposed
facility:
(1) The
location and address of the site of the proposed facility;
(2) Site acreage,
shown on an attached property map and located by scale on a U.S. Geological
Survey or GIS map;
(3) The
location, shown on a map, of property lines, residences, industrial buildings,
and other structures and improvements within the site, on abutting property
with respect to the site, and within 100 feet of the site if such distance
extends beyond the boundary of any abutting property;
(4)
Identification of wetlands and surface waters of the state within the
site, on abutting property with respect to the site, and within 100 feet of the
site if such distance extends beyond the boundary of any abutting property,
except if and to the extent such identification is not possible due to lack of
access to the relevant property and lack of other sources of the information to
be identified;
(5) Identification of natural, historic, cultural, and
other resources at or within the site, on abutting property with respect to the
site, and within 100 feet of the site if such distance extends beyond the
boundary of any abutting property, except if and to the extent such
identification is not possible due to lack of access to the relevant property
and lack of other sources of the information to be identified;
(6) Evidence
that the applicant has a current right, an option, or other legal basis to
acquire the right, to construct, operate, and maintain the facility on, over,
or under the site, in the form of:
a. Ownership,
ground lease, easement, or other contractual right or interest;
b. A license,
permit, easement, or other permission from a federal, state, or local
government agency, or an application for such a license, permit, easement, or
other permission from a state governmental agency that is included with the
application; or
c. The
simultaneous filing of a federal regulatory proceeding or taking of other
action that would, if successful, provide the applicant with a right of eminent
domain to acquire control of the site for the purpose of constructing,
operating, and maintaining the facility thereon; and
(7) Evidence
that the applicant has a current or conditional right of access to private
property within the boundaries of the proposed energy facility site sufficient
to accommodate a site visit by the committee, which private property, with
respect to energy transmission pipelines under the jurisdiction of the Federal
Energy Regulatory Commission, may be limited to the proposed locations of all
above-ground structures and a representative sample of the proposed locations
of underground structures or facilities.
(d) Each application shall include information
about other required applications and permits as follows:
(1)
Identification of all other federal and state government agencies having
permitting or other regulatory authority, under federal or state law, to
regulate any aspect of the construction or operation of the proposed energy
facility;
(2)
Documentation that demonstrates compliance with the application
requirements of all such agencies;
(3) A copy of the
completed application form for each such agency; and
(4)
Identification of any requests for waivers from the information
requirements of any state agency or department having permitting or other
regulatory authority whether or not such agency or department is represented on
the committee.
(e) If the application is for an energy facility,
including an energy transmission pipeline, that is not an electric generating
facility or an electric transmission line, the application shall include:
(1) The type of
facility being proposed;
(2) A
description of the process to extract, produce, manufacture, transport or
refine the source of energy;
(3) The
facility’s size and configuration;
(4) The ability
to increase the capacity of the facility in the future;
(5) Raw
materials used or transported, as follows:
a. An
inventory, including amounts and specifications;
b. A plan for
procurement, describing sources and availability; and
c. A description
of the means of transportation;
(6) Production
information, as follows:
a. An inventory
of products and waste streams, including blowdown emissions from a high
pressure gas pipeline;
b. The
quantities and specifications of hazardous materials; and
c. Waste
management plans;
(7) A map
showing the entire energy facility, including, in the case of an energy
transmission pipeline, the location of each compressor station, pumping
station, storage facility, and other ancillary facilities associated with the
energy facility, and the corridor width and length in the case of a proposed
new route or widening along an existing route; and
(8) For a high pressure
gas pipeline, the following information:
a. Construction
information, including a description of the pipe to be used, depth of pipeline
placement, type of fuel to be used to power any associated compressor station,
and a description of any compressor station emergency shutdown system;
b. Proposed
construction schedule, including start date and scheduled completion date;
c. Operation
and maintenance information, including a description of measures to be taken to
notify adjacent landowners and minimize sound during blowdown events;
d. Copy of any
proposed plan application or other documentation required to be submitted to
the Federal Energy Regulatory Commission in connection with construction and
operation of the proposed facility; and
e. Copy of any
environmental report, assessment or impact statement prepared by or on behalf
of the Federal Energy Regulatory Commission when it becomes available.
(f) If the
application is for an electric generating facility, the application shall
include the following information:
(1) Make,
model, and manufacturer of each turbine and generator unit;
(2) Capacity in
megawatts, as designed and as intended for operation;
(3) Type of
turbine and generator unit, including:
a. Fuel
utilized;
b. Method of
cooling condenser discharge; and
c. Unit
efficiency;
(4) Any
associated new substations, generator interconnection lines, and electric transmission
lines, whether identified by the applicant or through a system impact study
conducted by or on behalf of the interconnecting utility or ISO New England,
Inc.;
(5) Copy of
system impact study report for interconnection of the facility as prepared by
or on behalf of ISO New England, Inc. or the interconnecting utility, if
available at the time of application;
(6)
Construction schedule, including start date and scheduled completion
date; and
(7) Description
of anticipated mode and frequency of operation of the facility.
(g) If the application is for an electric
transmission line or an electric generating facility with an associated
electric transmission or distribution line, the application shall include the
following information:
(1) Location
shown on U.S. Geological Survey Map;
(2) A map
showing the entire electric transmission or distribution line project,
including the height and location of each pole or tower, the distance between
each pole or tower, and the location of each substation, switchyard, converter
station, and other ancillary facilities associated with the project;
(3) Corridor
width for:
a. New route;
or
b. Widening
along existing route;
(4) Length of
line;
(5) Distance
along new route;
(6) Distance along
existing route;
(7) Voltage
design rating;
(8) Any
associated new electric generating unit or units;
(9) Type of
construction described in detail;
(10)
Construction schedule, including start date and scheduled completion
date;
(11) Copy of any proposed plan application or other
system study request documentation required to be submitted to ISO New England,
Inc. in connection with construction and operation of the proposed facility;
and
(12) Copy of system impact study report for the
proposed electric transmission facility as prepared by or on behalf of ISO New
England, Inc. or the interconnecting utility, if available at the time of
application.
(h) Each application for a certificate for an energy
facility shall include the following:
(1) A detailed
description of the type and size of each major part of the proposed facility;
(2)
Identification of the applicant’s preferred choice and other
alternatives it considers available for the site and configuration of each
major part of the proposed facility and the reasons for the preferred choice;
(3) Documentation that the applicant has held at least
one public information session in each county where the proposed facility is to
be located at least 30 days prior to filing its application, pursuant to RSA
162-H:10, I and Site 201.01;
(4) Documentation that written notification of the
proposed facility, including copies of the application, has been given to the
governing body of each municipality in which the facility is proposed to be
located, and that written notification of the application filing, including
information regarding means to obtain an electronic or paper version of the
application, has been sent by first class mail to the governing body of each of
the other affected communities;
(5) The
information described in Sections 301.04 through 301.09;
(6) For a
proposed wind energy facility, information regarding the cumulative impacts of the proposed facility on
natural, wildlife, habitat, scenic, recreational, historic, and cultural
resources, including, with respect to aesthetics, the potential impacts of
combined observation, successive observation, and sequential observation of
wind energy facilities by the viewer;
(7) Information
describing how the proposed facility will be consistent with the public
interest, including the specific criteria set forth in Site 301.16(a)-(j); and
(8) Pre-filed
testimony and exhibits supporting the application.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15; amd by #11156, eff 8-16-16
Site
301.04 Financial, Technical and
Managerial Capability. Each
application shall include a detailed description of the applicant’s financial,
technical, and managerial capability to construct and operate the proposed
energy facility, as follows:
(a)
Financial information shall include:
(1) A description of the applicant’s experience financing other
energy facilities;
(2) A description of the corporate structure of
the applicant, including a chart showing the direct and indirect ownership of
the applicant;
(3) A description of the
applicant’s financing plan for the proposed facility, including the amounts and
sources of funds required for the construction and operation of the proposed
facility;
(4) An explanation of how the
applicant’s financing plan compares with financing plans employed by the
applicant or its affiliates, or, if no such plans have been employed by the applicant or its
affiliates, then by unaffiliated project developers if and to the extent such
information is publicly available, for energy facilities that are similar in
size and type to the proposed facility, including any increased risks or costs
associated with the applicant’s financing plan; and
(5) Current and pro forma statements of assets and liabilities of the applicant;
(b) Technical information shall include:
(1) A description of the applicant’s
qualifications and experience in constructing and operating energy facilities,
including projects similar to the proposed facility; and
(2) A description of the experience and
qualifications of any contractors or consultants engaged or to be engaged by
the applicant to provide technical support for the construction and operation
of the proposed facility, if known at the time of application;
(c) Managerial
information shall include:
(1) A description of the applicant’s management
structure for the construction and operation of the proposed facility,
including an organizational chart for the applicant;
(2) A description of the qualifications of the
applicant and its executive personnel to manage the construction and operation
of the proposed facility; and
(3) To the extent the applicant plans to rely on
contractors or consultants for the construction and operation of the proposed
facility, a description of the experience and qualifications of the contractors
and consultants, if known at the time of application.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15
Site
301.05 Effects on Aesthetics.
(a) Each application shall include a visual
impact assessment of the proposed energy facility, prepared in a manner
consistent with generally accepted professional standards by a professional
trained or having experience in visual impact assessment procedures, regarding
the effects of, and plans for avoiding, minimizing, or mitigating potential
adverse effects of, the proposed facility on aesthetics.
(b) The visual impact
assessment shall contain the following components:
(1) A description and map depicting the locations
of the proposed facility and all associated buildings, structures, roads, and
other ancillary components, and all areas to be cleared and graded, that would
be visible from any scenic resources, based on both bare ground conditions
using topographic screening only and with consideration of screening by
vegetation or other factors;
(2) A description of how the applicant identified
and evaluated the scenic quality of the landscape and potential visual impacts;
(3) A narrative and graphic description,
including maps and photographs, of the physiographic, historical and cultural
features of the landscape surrounding the proposed facility to provide the
context for evaluating any visual impacts;
(4) A computer-based visibility analysis to
determine the area of potential visual impact, which, for proposed:
a. Wind energy systems shall
extend to a minimum of a 10-mile radius from each wind turbine in the proposed
facility;
b. Electric transmission lines
longer than 1 mile shall extend to a ˝ mile radius if located within any
urbanized area;
c. Electric transmission lines
longer than 1 mile shall extend to a 2 mile radius if located within any urban
cluster;
d. Electric transmission lines
longer than 1 mile if located within any rural area shall extend to:
1. A radius of 3 miles if the line would be located within an
existing transmission corridor and neither the width of the corridor nor the
height of any towers, poles, or other supporting structures would be increased;
or
2. A radius of 10 miles if the line would be
located in a new transmission corridor or in an existing transmission corridor
if either or both the width of the corridor or the height of the towers, poles,
or other supporting structures would be increased;
(5) An identification of all scenic resources
within the area of potential visual impact and a description of those scenic
resources from which the proposed facility would be visible;
(6) A characterization
of the potential visual impacts of the proposed facility, and of any visible
plume that would emanate from the proposed facility, on identified scenic
resources as high, medium, or low, based on consideration of the following
factors:
a. The
expectations of the typical viewer;
b. The effect on
future use and enjoyment of the scenic resource;
c. The extent of the
proposed facility, including all structures and disturbed areas, visible from
the scenic resource;
d. The distance of
the proposed facility from the scenic resource;
e. The
horizontal breadth or visual arc of the visible elements of the proposed
facility;
f. The scale,
elevation, and nature of the proposed facility relative to surrounding
topography and existing structures;
g. The duration
and direction of the typical view of elements of the proposed facility; and
h. The presence
of intervening topography between the scenic resource and elements of the
proposed facility;
(7) Photosimulations
from representative key observation points, from other scenic resources for
which the potential visual impacts are characterized as “high” pursuant to (6)
above, and, to the extent feasible, from a sample of private property
observation points within the area of potential visual impact, to illustrate
the potential change in the landscape that would result from construction of
the proposed facility and associated infrastructure, including land clearing
and grading and road construction, and from any visible plume that would
emanate from the proposed facility;
(8) Photosimulations
shall meet the following additional requirements:
a. Photographs used in the simulation shall be
taken at high resolution and contrast, using a full frame digital camera with a 50 millimeter fixed focal length lens or digital
equivalent that creates an angle of view that closely matches human visual
perception, under clear weather conditions and at a time of day that provides
optimal clarity and contrast, and shall avoid if feasible showing any utility
poles, fences, walls, trees, shrubs, foliage, and other foreground objects and
obstructions;
b. Photosimulations shall be printed at
high resolution at 15.3 inches by10.2 inches, or 390 millimeters by 260
millimeters;
c. At least one set of photosimulations shall represent winter season conditions
without the presence of foliage typical of other seasons;
d. Field conditions in which a viewpoint
is photographed shall be recorded including:
1. Global Position System (GPS) location points
with an accuracy of at least 3 meters for each simulation viewpoint to ensure
repeatability;
2. Camera make and model and lens focal length;
3. All camera settings at the time the
photograph is taken; and
4. Date, time and weather conditions at the time
the photograph is taken; and
e. When simulating the presence of proposed wind
turbines, the following shall apply:
1. Turbines shall be placed with full frontal
views and no haze or fog effect applied;
2. Turbines shall reasonably represent the shape
of the intended turbines for a project including the correct hub height and
rotor diameter;
3. Turbine blades shall be set at random angles
with some turbines showing a blade in the 12 o’clock position; and
4. The lighting model used to render wind
turbine elements shall correspond to the lighting visible in the base
photograph;
(9) If the proposed facility is required by Federal Aviation
Administration regulations to install aircraft warning lighting or if the proposed
facility would include other nighttime lighting, a description and
characterization of the potential visual impacts of this lighting, including
the number of lights visible and their distance from key observation points;
and
(10) A description of the measures planned to
avoid, minimize, or mitigate potential adverse effects of the proposed
facility, and of any visible plume that would emanate from the proposed
facility, and the alternative measures considered but rejected by the
applicant.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15
Site
301.06 Effects on Historic Sites. Each application shall include the following information
regarding the identification
of historic sites and plans for avoiding, minimizing, or mitigating potential adverse
effects of, the proposed energy facility on historic sites:
(a) Demonstration that project review
of the proposed facility has been initiated for purposes of compliance with
Section 106 of the National Historic Preservation Act, 54 U.S.C. §306108, or
RSA 227-C:9, as applicable;
(b)
Identification of all
historic sites and areas of potential archaeological sensitivity located within
the area of potential effects, as defined in 36 C.F.R. §800.16(d), available as
noted in Appendix B;
(c) Finding or determination by the division of historical resources
of the department of cultural resources and,
if applicable, the lead federal agency, that no historic properties would be
affected, that there would be no adverse effects, or that there would be
adverse effects to historic properties, if such a finding or determination has
been made prior to the time of application;
(d) Description of the
measures planned to avoid, minimize, or mitigate potential adverse effects on
historic sites and archaeological resources, and the alternative measures considered but rejected by the applicant;
and
(e) Description of the status of the applicant’s
consultations with the division of historical resources of the department of cultural resources, and, if applicable, with
the lead federal agency, and, to the extent known to the applicant, any
consulting parties, as defined in 36 C.F.R. §800.2(c), available as noted in Appendix B.
Source. #10994, eff 12-16-15
Site
301.07 Effects on Environment. Each application shall include the following
information regarding the effects of, and plans for avoiding, minimizing, or
mitigating potential adverse effects of, the proposed energy facility on air
quality, water quality, and the natural environment:
(a)
Information including the applications and permits filed pursuant to
Site 301.03(d) regarding issues of air quality;
(b)
Information including the applications and permits filed pursuant to
Site 301.03(d) regarding issues of water quality;
(c)
Information regarding the natural environment, including the following:
(1)
Description of how the applicant identified significant wildlife species, rare
plants, rare natural communities, and other exemplary natural communities
potentially affected by construction and operation of the proposed facility,
including communications with and documentation received from the New Hampshire
department of fish and game, the New Hampshire natural heritage bureau, the
United States Fish and Wildlife Service, and any other federal or state
agencies having permitting or other regulatory authority over fish, wildlife,
and other natural resources;
(2) Identification of significant wildlife
species, rare plants, rare natural communities, and other exemplary natural
communities potentially affected by construction and operation of the proposed
facility;
(3) Identification of critical wildlife habitat and
significant habitat resources potentially affected by construction and
operation of the proposed facility;
(4) Assessment of potential impacts of
construction and operation of the proposed facility on significant wildlife
species, rare plants, rare natural communities, and other exemplary natural
communities, and on critical wildlife
habitat and significant habitat resources, including fragmentation or other
alteration of terrestrial or aquatic significant habitat resources;
(5)
Description of the measures planned to avoid, minimize, or mitigate potential
adverse impacts of construction and operation of the proposed facility on
wildlife species, rare plants, rare natural communities, and other exemplary
natural communities, and on critical wildlife habitat and significant habitat
resources, and the alternative measures considered but rejected by the
applicant; and
(6) Description
of the status of the applicant’s discussions with the New Hampshire department
of fish and
game, the New Hampshire natural heritage bureau, the United States Fish and
Wildlife Service, and any other federal or state agencies having permitting or
other regulatory authority over fish, wildlife, and other natural resources.
Source. #10994, eff 12-16-15
Site
301.08 Effects on Public Health and
Safety. Each application shall
include the following information regarding the effects of, and plans for
avoiding, minimizing, or mitigating potential adverse effects of, the proposed
energy facility on public health and safety:
(a)
For proposed wind energy systems:
(1) A sound impact assessment prepared in
accordance with professional standards by an expert in the field, which assessment
shall include the reports of a preconstruction sound background study and a
sound modeling study, as specified in Site 301.18;
(2) An assessment that identifies the
astronomical maximum as well as the anticipated hours per year of shadow flicker
expected to be perceived at each residence, learning space, workplace, health
care setting, outdoor or indoor public gathering area, other occupied building,
and roadway, within a minimum of 1 mile of any turbine, based on shadow flicker
modeling that assumes an impact distance of at least 1 mile from each of the
turbines;
(3) Description of planned setbacks that indicate
the distance between each wind turbine and the nearest landowner’s existing
building and property line, and between each wind turbine and the nearest
public road and overhead or underground energy infrastructure or energy
transmission pipeline within 2 miles of such wind turbine, and explain why the
indicated distances are adequate to protect the public from risks associated
with the operation of the proposed wind energy facility;
(4) An assessment of the risks of ice throw,
blade shear, and tower collapse on public safety, including a
description of the measures taken or planned to avoid or minimize the
occurrence of such events, if necessary, and the alternative measures considered but rejected by the applicant;
(5) Description of the lightning protection
system planned for the proposed facility;
(6) Description of any determination made by the
Federal Aviation Administration regarding whether any hazard to aviation is
expected from any of the wind turbines included in the proposed facility, and
describe the Federal Aviation Administration’s lighting, turbine color, and
other requirements for the wind turbines;
(7) A decommissioning plan prepared by an
independent, qualified person with demonstrated knowledge and experience in
wind generation projects and cost estimates, which plan shall provide for
removal of all structures and restoration of the facility site;
(8) The decommissioning plan required under (7)
above shall include each of the following:
a. A description
of sufficient and secure funding to implement the plan, which shall not account
for the anticipated salvage value of facility components or materials;
b. The provision of financial
assurance in the form of an irrevocable standby letter of credit, performance
bond, surety bond, or unconditional payment guaranty executed by a parent
company of the facility owner maintaining at all times an investment grade
credit rating;
c. All turbines, including the
blades, nacelles and towers, shall be disassembled and transported off-site;
d. All transformers shall be transported
off-site;
e. The overhead power collection conductors and
the power poles shall be removed from the site;
f. All underground infrastructure at depths less
than four feet below grade shall be removed from the site and all underground
infrastructure at depths greater than four feet below finished grade shall be
abandoned in place; and
g. Areas where subsurface
components are removed shall be filled, graded to match adjacent contours,
reseeded, stabilized with an appropriate seed and allowed to re-vegetate
naturally;
(9) A plan for fire protection for the proposed
facility prepared by or in consultation with a fire safety expert; and
(10) An assessment of the risks that the proposed
facility will interfere with the weather radars used for severe storm warning
or any local weather radars.
(b)
For electric transmission facilities, an assessment of electric and
magnetic fields generated by the proposed facility and the potential impacts of
such fields on public health and safety, based on established scientific
knowledge, and an assessment of the risks of collapse of the towers, poles, or other
supporting structures, and the potential adverse effects of any such collapse.
(c) For high
pressure gas pipelines:
(1) A
comprehensive health impact assessment
prepared by an independent health and safety expert in accordance with
nationally recognized standards, and specifically
designed to identify and evaluate potential short-term and long-term human health impacts by identifying potential pathways for
facility-related contaminants to
harm human health, quantifying the cumulative risks posed by any contaminants,
and recommending necessary avoidance, minimization, or mitigation;
(2) A sound
and vibration impact assessment prepared by an independent expert in the field,
in accordance with ANSI/ASA S12.9-2013 Part 3 for short-term monitoring and
with ANSI S12.9-1992 2013 Part 2 for long-term monitoring, including the
reports of a preconstruction sound and vibration background study and a sound
and vibration modeling study;
(3) A
description of planned setbacks that indicate the distance between:
a. The
proposed high pressure gas pipeline
and existing buildings on, and the boundaries of, abutting properties;
b. Any
associated compressor station and
schools, day-care centers, health care facilities, residences, residential
neighborhoods, places of worship, elderly care facilities, and farms within a
one mile radius; and
c. The
proposed high pressure gas pipeline
and any overhead or underground electric transmission line within 1/2 mile;
(4) An
explanation of why the setbacks described by the applicant in response to (3),
above, are adequate to protect the public from risks associated with the
operation of the high pressure gas pipeline; and
(5) A
description of all permanently installed exterior lighting at compressor
stations and how it complies with Site 301.14(f)(5)c.
(d) For all
energy facilities:
(1) Except as otherwise provided in (a)(1) above,
an assessment of operational sound associated with the proposed facility, if
the facility would involve use of equipment that might reasonably be expected
to increase sound by 10 decibel A-weighted (dBA) or more over background
levels, measured at the L-90 sound level, at the property boundary of the
proposed facility site or, in the case of an electric transmission line or an
energy transmission pipeline, at the edge of the right-of-way or the edge of
the property boundary if the proposed facility, or portion thereof, will be
located on land owned, leased or otherwise controlled by the applicant or an
affiliate of the applicant;
(2) A facility decommissioning plan prepared by
an independent, qualified person with demonstrated knowledge and experience in
similar energy facility projects and cost estimates; the decommissioning plan
shall include each of the following:
a. A description of sufficient and secure
funding to implement the plan, which shall not account for the anticipated
salvage value of facility components or materials;
b. The provision of financial assurance in the
form of an irrevocable standby letter of credit, performance bond, surety bond,
or unconditional payment guaranty executed by a parent company of the facility
owner maintaining at all times an investment grade credit rating;
c. All transformers shall be transported off-site; and
d. All underground infrastructure at depths less
than four feet below grade shall be removed from the site and all underground
infrastructure at depths greater than four feet below finished grade shall be
abandoned in place;
(3) A plan for fire safety prepared by or in
consultation with a fire safety expert;
(4) A plan for emergency response to the proposed
facility site; and
(5) A description of any additional measures
taken or planned to avoid, minimize, or mitigate public health and safety
impacts that would result from the construction and operation of the proposed
facility, and the alternative measures
considered but rejected by the applicant.
Source. #10994, eff 12-16-15; amd
by #11156, eff 8-16-16
Site 301.09 Effects
on Orderly Development of Region. Each
application shall include information regarding the effects of the proposed
energy facility on the orderly development of the region, including the views
of municipal and regional planning commissions and municipal governing bodies
regarding the proposed facility, if such views have been expressed in writing,
and master plans of the affected communities and zoning ordinances of the
proposed facility host municipalities
and unincorporated places, and the applicant’s estimate of the effects
of the construction and operation of the facility on:
(a) Land
use in the region, including the following:
(1) A description of the prevailing land uses in
the affected communities; and
(2) A description of how the proposed facility is
consistent with such land uses and identification of how the proposed facility
is inconsistent with such land uses;
(b) The economy of the region, including an
assessment of:
(1) The economic effect of the facility on the
affected communities;
(2)
The economic effect of the proposed facility on in-state economic activity
during construction and operation periods;
(3) The effect of the proposed facility on State
tax revenues and the tax revenues of the host and regional communities;
(4) The effect of the proposed facility on real
estate values in the affected communities;
(5) The effect of the proposed facility on
tourism and recreation; and
(6) The effect of the proposed facility on
community services and infrastructure;
(c)
Employment in the region, including an assessment of:
(1) The number and types of full-time equivalent
local jobs expected to be created, preserved, or otherwise affected by the construction
of the proposed facility, including direct construction employment and indirect
employment induced by facility-related wages and expenditures; and
(2)
The number and types of full-time equivalent jobs expected to be created,
preserved, or otherwise affected by the operation of the proposed facility,
including direct employment by the applicant and indirect employment induced by
facility-related wages and expenditures.
Source. #10994, eff 12-16-15
Site
301.10 Completeness Review and
Acceptance of Applications for Energy Facilities.
(a) Upon the filing of an application for an
energy facility, the committee shall forward to each of the other state
agencies having permitting or other regulatory authority, under state or
federal law, to regulate any aspect of the construction or operation of the
proposed facility, a copy of the application for the agency’s review as
described in RSA 162-H:7, IV.
(b) The committee also shall forward a copy of
the application to the department of fish and game, the department of health
and human services, the division of historical resources of the department of cultural
resources, the natural heritage bureau, the governor’s office of energy and
planning, and the division of fire safety of the department of safety, unless
any such agency or office has been forwarded a copy of the application under
(a) above.
(c) Upon receiving an application, the committee
shall conduct a preliminary review to ascertain if the application contains
sufficient information for the committee to review the application under RSA
162-H and these rules.
(d) Each state agency having permitting or other
regulatory authority shall have 45 days from the time the committee forwards the
application to notify the committee in writing whether the application contains
sufficient information for its purposes.
(e)
Within 60 days after the filing of the application, the committee shall
determine whether the application is administratively complete and has been
accepted for review.
(f) If the committee determines that an
application is administratively incomplete, it shall notify the applicant in writing,
specifying each of the areas in which the application has been deemed
incomplete.
(g) If the applicant is notified that its
application is administratively incomplete, the applicant may file a new and
more complete application or complete the filed application by curing the
specified defects within 10 days of the applicant’s receipt of notification of
incompleteness.
(h) If,
within the 10-day time frame, the applicant files a new and more complete
application or completes the filed application, in either case curing the
defects specified in the notification of incompleteness, the committee shall,
no later than 14 days after receipt of the new or completed application, accept
the new or completed application.
(i) If the new application is not complete or the specified
defects in the filed application remain uncured, the committee shall notify the
applicant in writing of its rejection of the application and instruct the
applicant to file a new application.
Source. #10994, eff 12-16-15
Site 301.11 Exemption
Determination.
(a) Within 60 days of acceptance of an
application or the filing of a petition for exemption, the committee shall
exempt the applicant from the approval and certificate provisions of RSA 162-H
and these rules, if the committee finds that:
(1) Existing state or federal statutes, state or
federal agency rules or municipal ordinances provide adequate protection of the
objectives set forth in RSA 162-H:1;
(2) Consideration of the proposed energy facility
by only selected agencies represented on the committee is required and the
objectives of RSA 162-H:1 can be met by those agencies without exercising the
provisions of RSA 162-H;
(3) Response
to the application or request for exemption from the general public, provided
through written submissions or in the adjudicative proceeding provided for in
(b) below, indicates that the objectives of RSA 162-H:1 are met through the
individual review processes of the participating agencies; and
(4) All environmental impacts or effects are
adequately regulated by other federal, state, or local statutes, rules, or
ordinances.
(b)
The committee shall make the determination described in (a) above after
conducting an adjudicative proceeding that includes a public hearing held in a
county where the energy facility is proposed to be located.
Source. #10994, eff 12-16-15
Site 301.12 Timeframe for Application Review.
(a)
Pursuant to RSA 162-H:7, VI-b, each state agency having permitting or
other regulatory authority over the proposed energy facility shall report its
progress to the committee within 150 days after application acceptance,
outlining draft permit conditions and specifying additional data requirements
necessary to make a final decision on the parts of the application that relate
to its permitting or other regulatory authority.
(b)
Pursuant to RSA 162-H:7, VI-c, each state agency having permitting or
other regulatory authority over the proposed energy facility shall make and
submit to the committee a final decision on the parts of the application that
relate to its permitting and other regulatory authority, no later than 240 days
after application acceptance.
(c)
Pursuant to RSA 162-H:7, VI-d, the committee shall issue or deny a
certificate for an energy facility within 365 days after application
acceptance.
(d)
Pursuant to RSA 162-H:14, I, the committee shall temporarily suspend its
deliberations and the time frames set forth in this section at any time while
an application is pending before the committee, if it finds that such
suspension is in the public interest.
Source. #10994, eff 12-16-15
Site 301.13 Criteria Relative to Findings of
Financial, Technical, and Managerial Capability.
(a) In determining whether an
applicant has the financial capability to construct and operate the proposed
energy facility, the committee shall consider:
(1) The applicant’s
experience in securing funding to construct and operate energy facilities
similar to the proposed facility;
(2) The experience and expertise of the applicant
and its advisors, to the extent the applicant is relying on advisors;
(3) The applicant’s statements
of current and pro forma assets and liabilities; and
(4) Financial commitments the applicant has
obtained or made in support of the construction and operation of the proposed
facility.
(b) In determining whether an applicant
has the technical capability to construct and operate the proposed facility,
the committee shall consider:
(1) The applicant’s experience in designing,
constructing, and operating energy facilities similar to the proposed facility;
and
(2) The experience and expertise of any
contractors or consultants engaged or to be engaged by the applicant to provide
technical support for the construction and operation of the proposed facility,
if known at the time.
(c) In determining whether an applicant has the managerial
capability to construct and operate the proposed facility, the committee shall
consider:
(1) The applicant’s experience in managing the
construction and operation of energy facilities similar to the proposed
facility; and
(2) The experience and expertise of any
contractors or consultants engaged or to be engaged by the applicant to provide
managerial support for the construction and operation of the proposed facility,
if known at the time.
Source. #10994, eff 12-16-15
Site
301.14 Criteria Relative to Findings
of Unreasonable Adverse Effects.
(a) In determining whether a proposed energy
facility will have an unreasonable adverse effect on aesthetics, the committee
shall consider:
(1) The existing character of the area of
potential visual impact;
(2) The significance of affected scenic resources
and their distance from the proposed facility;
(3) The extent, nature, and duration of public
uses of affected scenic resources;
(4) The scope and scale of the change in the
landscape visible from affected scenic resources;
(5) The evaluation of the overall daytime and
nighttime visual impacts of the facility as described in the visual impact
assessment submitted by the applicant and other relevant evidence submitted
pursuant to Site 202.24;
(6) The extent to which the
proposed facility would be a dominant and prominent feature within a natural or
cultural landscape of high scenic quality or as viewed from
scenic resources of high value or sensitivity; and
(7) The effectiveness of the measures proposed by
the applicant to avoid, minimize, or mitigate unreasonable adverse effects on
aesthetics, and the extent to which such measures represent best practical
measures.
(b) In determining whether a proposed energy
facility will have an unreasonable adverse effect on historic sites, the
committee shall consider:
(1) All of the historic
sites and archaeological resources potentially affected by the proposed
facility and any anticipated potential adverse effects on such sites and
resources;
(2) The number and
significance of any adversely affected historic sites and archeological
resources, taking into consideration the size, scale, and nature of the
proposed facility;
(3) The extent,
nature, and duration of the potential adverse effects on historic sites and
archeological resources;
(4) Findings and determinations
by the New Hampshire division of historical resources of the department of
cultural resources and, if applicable, the lead federal agency, of the proposed
facility's effects on historic sites as determined under Section 106 of the
National Historic Preservation Act, 54 U.S.C. §306108, or RSA 227-C:9; and
(5) The effectiveness of the measures proposed by
the applicant to avoid, minimize, or mitigate unreasonable adverse effects on
historic sites and archaeological resources, and the extent to which such
measures represent best practical measures.
(c) In determining whether a proposed energy
facility will have an unreasonable adverse effect on air quality, the committee
shall consider the determinations of the
(d)
In
determining whether a proposed energy facility will have an unreasonable
adverse effect on water quality, the committee shall consider the
determinations of the New Hampshire department of environmental services, the
United States Army Corps of Engineers, and other state or federal agencies
having permitting or other regulatory authority, under state or federal law, to
regulate any aspect of the construction or operation of the proposed facility,
with respect to applications and permits identified in Site 301.03(d), and
other relevant evidence submitted pursuant to Site 202.24.
(e) In determining whether construction
and operation of a proposed energy facility will have an unreasonable adverse
effect on the natural environment, including wildlife species, rare plants,
rare natural communities, and other exemplary natural communities, the committee
shall consider:
(1) The significance of the affected resident and
migratory fish and wildlife species, rare plants, rare natural communities, and other exemplary natural communities,
including the size, prevalence, dispersal, migration, and viability of the
populations in or using the area;
(2) The nature, extent, and duration of the
potential effects on the affected resident and migratory fish and wildlife
species, rare plants, rare natural communities, and other exemplary
natural communities;
(3) The nature, extent, and duration of the
potential fragmentation or other alteration of terrestrial or aquatic
significant habitat resources or migration corridors;
(4) The analyses and recommendations, if any, of
the department of fish and game, the
natural heritage bureau, the United States Fish and Wildlife Service, and other
agencies authorized to identify and manage significant wildlife species, rare
plants, rare natural communities, and other exemplary natural communities;
(5) The
effectiveness of measures undertaken or planned to avoid, minimize, or mitigate
potential adverse effects on the affected wildlife species, rare plants, rare
natural communities, and other exemplary natural communities, and the extent to
which such measures represent best practical measures;
(6) The
effectiveness of measures undertaken or planned to avoid, minimize, or mitigate
potential adverse effects on terrestrial or aquatic significant habitat resources, and the extent to which such measures represent best practical measures;
and
(7) Whether conditions should be included in the
certificate for post-construction monitoring and reporting and for adaptive
management to address potential adverse effects that cannot reliably be
predicted at the time of application.
(f) In determining whether a proposed energy
facility will have an unreasonable adverse effect on public health and safety,
the committee shall:
(1) For
all energy facilities, consider the information submitted pursuant to Site
301.08 and other relevant evidence submitted pursuant to Site 202.24, the
potential adverse effects of construction and operation of the proposed
facility on public health and safety, the effectiveness of measures undertaken
or planned to avoid, minimize, or mitigate such potential adverse effects, and
the extent to which such measures represent best practical measures;
(2) For wind energy systems, apply the following standards:
a. With respect to sound standards, the
A-weighted equivalent sound levels produced by the applicant’s energy facility
during operations shall not exceed the greater of 45 dBA or 5 dBA above
background levels, measured at the L-90 sound level, between the hours of 8:00 a.m. and 8:00 p.m.
each day, and the greater of 40 dBA or 5 dBA above background levels, measured
at the L-90 sound level, at all other times during each day, as measured using
microphone placement at least 7.5 meters from any surface where reflections may
influence measured sound pressure levels, on property that is used in whole or
in part for permanent or temporary residential purposes, at a location between
the nearest building on the property used for such purposes and the closest
wind turbine; and
b. With respect to shadow flicker, the shadow
flicker created by the applicant’s energy facility during operations shall not
occur more than 8 hours per year at or within any residence, learning space,
workplace, health care setting, outdoor or indoor public gathering area, or
other occupied building;
(3) For wind energy systems,
consider the proximity and use of buildings, property lines, public roads, and overhead
and underground energy infrastructure and energy transmission pipelines, the
risks of ice throw, blade shear, tower collapse, and other potential adverse
effects of facility operation, and the effectiveness of measures undertaken or
planned to avoid, minimize, or mitigate such potential adverse effects, and the
extent to which such measures represent best practical measures;
(4) For electric transmission
lines, consider the proximity and use of buildings, property lines, and public
roads, the risks of collapse of towers, poles, or other supporting structures,
the potential impacts on public health and safety of electric and magnetic
fields generated by the proposed facility, and the effectiveness of measures
undertaken or planned to avoid, minimize, or mitigate such potential adverse
effects, and the extent to which such measures represent best practical
measures;
(5) For high pressure gas
pipelines, apply the following standards:
a. With respect to sound
standards for interstate pipelines, the noise attributable to any new compressor station, compression added to an existing
station, or any modification, upgrade or update of an existing station, shall
not exceed a day-night sound level (Ldn) of 55
dBA at any pre-existing noise-sensitive
area, such as schools, hospitals, or residences, as provided in 18 CFR
§380.12(k), available as noted in Appendix B;
b. With respect to sound
standards for intrastate pipelines, the noise attributable to any new compressor station, compression added to an existing
station, or any modification, upgrade or update of an existing station, shall
not exceed the standards set forth in (2)a., above, regarding wind energy
systems;
c. With respect to vibration, compressor stations or
modifications of existing compressor stations
shall not result in a perceptible increase in vibration at any pre-existing
noise-sensitive area, such as schools, hospitals, or residences, as
provided in 18 CFR §380.12(k), available as noted in Appendix B, or a level of 2.0 peak particle velocity,
whichever is less;
d. With respect to exterior
lighting at compressor stations, no light shall be projected above the horizontal
plane or projected beyond the property lines;
e. With respect to pipeline construction and safety, the
requirements in Puc 506 and Puc
508 for a class 4 location in a high consequence area, as those terms are
defined in 49 CFR §192.5(b)(4) and 49 CFR §192.903, available
as noted in Appendix B, respectively; and
(6) For high pressure gas pipelines,
consider:
a. The results of the comprehensive health impact
assessment;
b. The proximity of electric transmission lines to the high
pressure gas pipeline;
c. The proximity of any compressor station to schools,
day-care centers, health care facilities, residences, residential
neighborhoods, places of worship, elderly care facilities, and farms;
d. The effectiveness of measures undertaken or planned to avoid,
minimize, or mitigate such potential adverse effects; and
e. The extent to which the
measures in d. represent best practical measures.
Source. #10994, eff 12-16-15; amd
by #11156, eff 8-16-16
Site
301.15 Criteria Relative to a Finding
of Undue Interference. In
determining whether a proposed energy facility will unduly interfere with the
orderly development of the region, the committee shall consider:
(a) The extent to which the siting, construction,
and operation of the proposed facility will affect land use, employment, and
the economy of the region;
(b)
The provisions of, and financial assurances for, the proposed decommissioning
plan for the proposed facility; and
(c) The views of municipal and
regional planning commissions and municipal governing bodies regarding the
proposed facility.
Source. #10994, eff 12-16-15
Site 301.16 Criteria Relative to
Finding of Public Interest. In
determining whether a proposed energy facility will serve the public interest,
the committee shall consider:
(a) The welfare of the population;
(b) Private property;
(c) The location and growth of industry;
(d) The overall economic growth of the state;
(e) The environment of the state;
(f) Historic sites;
(g) Aesthetics;
(h) Air and water quality;
(i) The use of natural resources; and
(j) Public health and safety.
Source. #10994, eff 12-16-15
Site 301.17 Conditions of Certificate. In determining whether a certificate shall be
issued for a proposed energy facility, the committee shall consider whether the
following conditions should be included in the certificate in order to meet the
objectives of RSA 162-H:
(a) A requirement that the certificate holder
promptly notify the committee of any proposed or actual change in the ownership
or ownership structure of the holder or its affiliated entities and request
approval of the committee of such change;
(b) A requirement that the certificate holder
promptly notify the committee of any proposed or actual material change in the
location, configuration, design, specifications, construction, operation, or
equipment components of the energy facility subject to the certificate and
request approval of the committee of such change;
(c) A requirement that the certificate holder
continue consultations with the New
Hampshire division of historical resources of the department of cultural resources and, if applicable, the
federal lead agency, and comply with any agreement or memorandum of
understanding entered into with the New Hampshire division of historical
resources of the department of cultural resources and, if applicable, the
federal lead agency;
(d) Delegation to the administrator or another
state agency or official of the authority to monitor the construction or
operation of the energy facility subject to the certificate and to ensure that
related terms and conditions of the certificate are met;
(e) Delegation to the administrator or another
state agency or official of the authority to specify the use of any technique,
methodology, practice, or procedure approved by the committee within the
certificate and with respect to any permit, license, or approval issued by a
state agency having permitting or other regulatory authority;
(f) Delegation to the administrator or another
state agency or official of the authority to specify minor changes in route
alignment to the extent that such changes are authorized by the certificate for
those portions of a proposed electric transmission line or energy transmission
pipeline for which information was unavailable due to conditions which could
not have been reasonably anticipated prior to the issuance of the certificate;
(g) A requirement that the energy facility be sited
subject to setbacks or operate with designated safety zones in order to avoid,
mitigate, or minimize potential adverse effects on public health and safety;
(h) Other conditions necessary to ensure
construction and operation of the energy facility subject to the certificate in
conformance with the specifications of the application; and
(i) Any other conditions necessary to serve the
objectives of RSA 162-H or to support findings made pursuant to RSA 162-H:16.
Source. #10994, eff 12-16-15
Site 301.18 Sound Study
Methodology.
(a)
The methodology for conducting a preconstruction sound background study
for a wind energy system shall include:
(1) Adherence to the standard of ANSI/ASA
S12.9-2013 Part 3, available as noted in Appendix B, a standard that requires
short-term attended measurements;
(2) Long-term unattended monitoring shall be
conducted in accordance with the standard of ANSI S12.9-1992 2013 Part 2,
available as noted in Appendix B, provided that audio recordings are taken in
order to clearly identify and remove transient noises from the data, with
frequencies above 1250 hertz 1/3 octave band to be filtered out of the data;
(3) Measurements shall be conducted at the
nearest properties from the proposed wind turbines that are representative of
all residential properties within 2 miles of any turbine; and
(4) Sound measurements shall be omitted when the
wind velocity is greater than 4 meters per second at the microphone position,
when there is rain, or with temperatures below instrumentation minima;
following the protocol of ANSI S12.9-2013 Part 3, available as noted in
Appendix B:
a. Microphones shall be placed 1 to 2 meters
above ground level, and at least 7.5 meters from any reflective surface;
b. A windscreen of the type recommended by the
monitoring instrument’s manufacturer must be used for all data collection;
c. Microphones should be field-calibrated before
and after measurements; and
d. An anemometer shall be located within close
proximity to each microphone.
(b)
Pre-construction sound reports shall include a map or diagram clearly
showing the following:
(1) Layout of the project area, including
topography, project boundary lines, and property lines;
(2) Locations of the sound
measurement points;
(3) Distance between any sound measurement
point and the nearest wind turbine;
(4) Location of significant local non-turbine
sound and vibration sources;
(5) Distance between all sound measurement
points and significant local sound sources;
(6) Location of all sensitive receptors including
schools, day-care centers, health care facilities, residences, residential
neighborhoods, places of worship, and elderly care facilities;
(7) Indication of
temperature, weather conditions, sources of ambient sound, and prevailing wind
direction and speed for the monitoring period; and
(8) Final report shall provide A-weighted and
C-weighted sound levels for L-10, Leq, and L-90.
(c)
The predictive sound modeling study shall:
(1) Be conducted in accordance with the standards
and specifications of ISO 9613-2 1996-12-15, available as noted in Appendix B;
(2) Include an adjustment to the Leq sound level produced by the model applied in order to
adjust for turbine manufacturer uncertainty, such adjustment to be determined
in accordance with the most recent release of the IEC 61400 Part 11 standard
(Edition 3.0 2012-11), available as noted in Appendix B;
(3) Include predictions to be made at all
properties within 2 miles from the project wind turbines for the wind speed and
operating mode that would result in the worst case wind turbine sound emissions
during the hours before 8:00 a.m. and
after 8:00 p.m. each day; and
(4) Incorporate other corrections for model
algorithm error to be disclosed and accounted for in the model.
(d)
The predictive sound modeling study report shall:
(1) Include the results of the modeling described
in (c)(3) above as well as a map with sound contour lines showing dBA sound
emitted from the proposed wind energy system at 5 dBA intervals;
(2) Include locations out to 2 miles from any
wind turbine included in the proposed facility; and
(3) Show proposed wind turbine locations and the
location of all sensitive receptors, including schools, day-care centers,
health care facilities, residences, residential neighborhoods, places of
worship, and elderly care facilities.
(e)
Post-construction noise compliance monitoring shall include:
(1) Adherence to the standard of ANSI/ASA
S12.9-2013 Part 3, available as noted in Appendix B, that requires short-term
attended measurements to ensure transient noises are removed from the data, and
measurements shall include at least one nighttime hour where turbines are
operating at full sound power with winds less than 3 meters per second at the
microphone;
(2) Unattended long-term monitoring shall also be
conducted;
(3) Sound measurements shall be omitted when
there is rain, or when temperatures are below instrumentation minima, and shall
comply with the following additional specifications:
a. Microphones
shall be placed 1 to 2 meters above ground level and at least 7.5 meters from
any reflective surface, following the protocols of ANSI/ASA S12.9-2013 Part 3, available as
noted in Appendix B;
b. Proper microphone
screens shall be required;
c. Microphones
shall be field-calibrated before and after measurements; and
d. An
anemometer shall be located within close proximity to each microphone;
(4) Monitoring shall involve measurements being
made with the turbines in both operating and non-operating modes, and
supervisory control and data acquisition system data shall be used to record
hub height wind speed and turbine power output;
(5) Locations shall be pre-selected where noise
measurements will be taken that shall be the same locations at which predictive
sound modeling study measurements were taken pursuant to subsection (c) above,
and the measurements shall be performed at night with winds above 4.5 meters
per second at hub height and less than 3 meters per second at ground level;
(6) All sound measurements during
post-construction monitoring shall be taken at 0.125-second intervals measuring
both fast response and Leq metrics; and
(7)
Post-construction monitoring surveys shall be conducted once within 3 months of
commissioning and once during each season thereafter for the first year,
provided that:
a. Additional surveys shall be conducted at the
request of the committee or the administrator; and
b. Adjustments to this schedule shall be permitted,
subject to review by the committee or the administrator.
(f)
Post-construction sound monitoring reports shall include a map or
diagram clearly showing the following:
(1) Layout of the project area, including topography,
project boundary lines, and property lines;
(2) Locations of the sound measurement points;
and
(3) Distance between any sound measurement point
and the nearest wind turbine.
(g)
For each sound measurement period during post-construction monitoring,
reports shall include each of the following measurements:
(1) LAeq, LA-10, and
LA-90; and
(2) LCeq, LC-10, and
LC-90.
(h)
Noise emissions shall be free of audible tones, and if the presence of a
pure tone frequency is detected, a 5 dB penalty shall be added to the measured
dBA sound level.
(i) Validation of noise complaints submitted to the
committee shall require field sound surveys, except as determined by the
administrator to be unwarranted, which field studies shall be conducted under
the same meteorological conditions as occurred at the time of the alleged
exceedance that is the subject of the complaint.
Source. #10994, eff 12-16-15
PART Site 302 ENFORCEMENT OF TERMS AND CONDITIONS
Site 302.01 Determination
of Certificate Violation.
(a) Whenever the committee or the administrator
as designee determines, on its own or in response to a complaint, that any term
or condition of an issued certificate is being violated, it shall give written
notice to the person holding the certificate of the specific violation and
order the person to immediately terminate the violation.
(b) The administrator or another designated
representative of the committee shall have the authority to inspect and monitor
the construction and operation of the energy facility subject to the
certificate.
(c) If the person holding the certificate has
failed or neglected to terminate a specified violation within 15 days after
receipt of the notice and order issued pursuant to (a) above, the committee
shall commence a proceeding to suspend the person's certificate.
(d) Except in the case of an emergency, the
committee shall give written notice of its consideration of suspension and of its
reasons for consideration of suspension and shall provide an opportunity for an
adjudicative hearing pursuant to Site 201 with respect to the proposed
suspension.
(e) Except in the case of an emergency, the
committee shall provide 14 days prior written notice of the hearing referred to
in (d) above to the holder of the certificate and to the complainant, if any.
(f) If the committee determines following the
adjudicative proceeding that a certificate violation has
occurred and is continuing, the committee shall issue an order that suspends
the holder’s certificate until such time as the violation has been corrected if
the committee determines, after due consideration of any mitigating
circumstances and a determination of whether suspension is in the best
interests of the public, or would result in an inability to assure that the
state has an adequate and reliable supply of energy in conformance with sound
environmental principles, that the following criteria have been met:
(1) The
violation will not be terminated within 30 days from the date of the
committee’s decision; and
(2) The
violation will have an unreasonable adverse effect pursuant to Site 301.14 on
aesthetics, historic sites, air and water quality, the natural environment, or
public health and safety.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15; amd by #11156, eff 8-16-16
Site
302.02 Determination of
Misrepresentation or Non-Compliance.
(a) If the committee determines that a person has
made a material misrepresentation in the application or in any supplemental or
additional statements of fact or studies required of the applicant, or if the
committee determines that the person has violated the provisions of RSA 162-H
or the rules of the committee, the committee shall commence an adjudicative
proceeding to suspend the certificate held by such person.
(b) Except in the case of an emergency, the
committee shall give written notice of its consideration of suspension and of
its reasons therefor and shall provide an opportunity for an adjudicative
hearing pursuant to Site 201 with respect to the proposed suspension.
(c) Except in the case of an emergency, the
committee shall provide 14 days prior written notice of the hearing referred to
in (b) above to the holder of the certificate.
(d) If the committee determines following the
adjudicative proceeding that a material misrepresentation
or violation of RSA 162-H or its
rules has occurred, the committee shall issue an order that suspends the
holder’s certificate until such time as the holder has corrected and mitigated
the consequences of such misrepresentation or violation if the committee
determines, after due consideration of any mitigating circumstances and a
determination of whether suspension is in the best interests of the public, or
would result in an inability to assure that the state has an adequate and
reliable supply of energy in conformance with sound environmental principles,
that the following criteria have been met:
(1) The
violation will not be terminated within 30 days from the date of the
committee’s decision; and
(2) The
violation will have an unreasonable adverse effect pursuant to Site 301.14 on
aesthetics, historic sites, air and water quality, the natural environment, or
public health and safety.
(e) If the holder’s certificate is suspended by
order of the committee, then the holder shall cease construction or operation
of the energy facility subject to the certificate as of the time specified in
the order, and shall not resume construction or operation of the facility until
such time as the suspension is lifted by further order of the committee.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15; amd by #11156, eff 8-16-16
Site 302.03 Revocation
of Certificate.
(a) The committee shall have the authority to
revoke a certificate according to this section.
(b) If the committee has suspended a certificate
pursuant to Site 302.01 or Site 302.02 and the holder has failed to correct and
mitigate the consequences of the violation or misrepresentation that was the
basis for the suspension within the period of time specified in the suspension
order, the committee shall initiate an adjudicative proceeding to revoke the
suspended certificate and shall conduct an adjudicative hearing prior to
determining whether to revoke the certificate.
(c) The committee shall provide 90 days prior
written notice to the holder of the certificate that the committee intends to
revoke the certificate and stating the reasons for the intended revocation.
(d) Following the adjudicative proceeding, the
committee shall revoke the holder’s certificate if the committee determines,
after due consideration of any mitigating circumstances and a determination of
whether revocation is in the best interests of the public, or would result in
an inability to assure that the state has an adequate and reliable supply of
energy in conformance with sound environmental principles, that one or more of
the following criteria have been met:
(1) The
certificate holder obtained the certificate through fraud, deceit, or
falsification;
(2) The
certificate holder knowingly violated the rules of the committee, the
conditions of the holder’s certificate, or the rules or permits of any agency
that participated in the holder’s certificate proceeding;
(3) The
certificate holder failed to comply with an order of the committee or an order
imposed as a result of a judicial action taken to enforce any statute or rule
implemented by the committee, unless the certificate holder is complying in
accordance with a compliance schedule and is current with all items; or
(4) The
certificate holder is a chronic non-complier.
(e) If the
holder’s certificate is revoked by order of the committee, then the holder
shall permanently cease construction or operation of the energy facility
subject to the certificate as of the time specified in the order and shall
commence and complete decommissioning of the facility within the time period
specified in the order.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15 (from Site 302.02); amd by #11156, eff
8-16-16
(a) For the purposes of this part, “emergency” means
an event which jeopardizes public health and safety.
(b) With respect to emergencies, the committee
shall provide 5 days prior written notice of an adjudicative hearing to the
holder of a certificate.
Source. #9183-B, eff 6-17-08; ss by #10994, eff
12-16-15 (from Site 302.03)
(a) The committee or subcommittee, as applicable,
shall waive any of the provisions of this chapter, except where precluded by
statute, on its own motion or upon request by an interested party, if the
committee or subcommittee finds that:
(1) The waiver
serves the public interest; and
(2) The waiver will not disrupt the orderly and
efficient resolution of matters before the committee or subcommittee.
(b) In determining the public interest, the
committee or subcommittee shall waive a rule if:
(1) Compliance with
the rule would be onerous or inapplicable given the circumstances of the
affected person; or
(2) The purpose
of the rule would be satisfied by an alternative method proposed.
(c) Any interested party seeking a waiver shall
make a request in writing, except as provided in (d) below.
(d) The committee or subcommittee, as applicable,
shall accept for consideration any waiver request made orally during a hearing
or prehearing conference.
(e) A request for a waiver shall specify the
basis for the waiver and the proposed alternative, if any.
Source. #10994, eff 12-16-15 (from Site 302.04)
APPENDIX A
Rule |
Statute |
Site 101.01-101.02 |
RSA 162-H:3, 4, and 10,VI and VII; RSA 541-A:16, I
(a) |
Site 102.01-102.57 |
RSA 162-H:2 and 10,VI and VII |
Site 102.121, 102.161, 102.221 |
RSA 162-H:7,IV and V; RSA 162-H:10,VI; RSA
162-H:10-b, II |
|
|
Site 103.01 |
RSA 162-H:3, 4, and 10,VI and VII; RSA 541-A:16, I
(a) |
Site 103.02 |
RSA 162-H:3 and 10,VI and VII; RSA 541-A:16, I (a) |
Site 103.03 |
RSA 162-H:4-a and 10,VI and VII; RSA 541-A:16, I (a) |
Site 103.04 |
RSA 162-H:3-a, 4, and 10,VI and VII; RSA
541-A:16,I(a) |
Site 103.05 |
RSA 162-H:9 and 10,VI and VII; RSA 541-A:16, I (a) |
Site 104.01 |
RSA 162-H:10,VI and VII, 13; RSA 541-A:16, I (a) |
|
|
Site 201.01 |
RSA 162-H:10,I, VI and VII |
Site 201.02 |
RSA 162-H:10,I-a, VI and VII |
Site 201.03 |
RSA 162-H:10,I-c, VI and VII |
Site 201.04 |
RSA 162-H:10,I-b, VI and VII |
Site 202.01 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a |
Site 202.02 |
RSA 162-H:4, 4-a, 10,VI and VII; RSA 541-A:30-a |
Site 202.03 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III (k) |
Site 202.04 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III |
Site 202.05 |
RSA 162-H:7-a, 10,VI and VII; and RSA 541-A:30-a,III |
Site 202.06-202.07 |
RSA 162-H:10,VI and VII; and RSA 541-A:30-a,III |
Site 202.08 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III (f) |
Site 202.09 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III and 31, III |
Site 202.10 |
RSA 162-H:10,VI and VII; RSA 541-A:31,V(c) |
Site 202.11 |
RSA 162-H:4,V, 10,VI and VII; RSA 541-A:32 |
Site 202.12-202.14 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a |
Site 202.15 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III (j) |
Site 202.16 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III |
Site 202.17 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III (h) |
Site 202.18 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III |
Site 202.19 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III (d) and
(e) |
Site 202.20-202.23 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III |
Site 202.24-202.25 |
RSA 162-H:10,VI and VII; RSA 162-H:10, III |
Site 202.26 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III |
Site 202.27 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III (i) |
Site 202.28 |
RSA 162-H:10,VI and VII, 16, IV; RSA 541-A:35 |
Site 202.29 |
RSA 162-H:10,VI and VII; RSA 541 |
Site 202.30 |
RSA 162-H:10,VI and VII; RSA 541-A:30-a,III |
Site 203.01-203.02 |
RSA 162-H:10,VI and VII; RSA 541-A:16,I(d) |
Site 204.01-204.05 |
RSA 162-H:10,VI and VII; RSA 541-A:16,I(c) |
Site 205.01 |
RSA 162-H:10,VI and VII; RSA 541-A:11, VII |
|
|
Site 301.01-301.02 |
RSA 162-H:7,II, 10,VI and VII |
Site 301.03 |
RSA 162-H:7,IV and V,10,VI and VII |
Site 301.03(e) |
RSA 162-H:7,IV and V |
Site 301.04 |
RSA 162-H:7,IV and V,10,VI and VII |
Site 301.05 |
RSA 162-H:7,IV and V, 10,VI and VII |
Site 301.06 |
RSA 162-H:7,IV and V, 10,VI and VII |
Site 301.07 |
RSA 162-H:7,IV and V, 10,VI and VII |
Site 301.08 |
RSA 162-H:7,IV and V, 10,VI and VII |
Site 301.08 intro., (c) and (d) |
RSA 162-H:7,IV and V; 10-b,II |
Site 301.09 |
RSA 162-H:7,IV and V, 10,VI and VII |
Site 301.10 |
RSA 162-H:7,IV and VI, 10,VI and VII |
Site 301.11 |
RSA 162-H:4, IV, 10,VI and VII |
Site 301.12 |
RSA 162-H:7, VI-b, VI-c and VI-d, 10,VI and VII, 14,
I |
Site 301.13 |
RSA 162-H:10,VI and VII, 16, IV(a) |
Site 301.14 |
RSA 162-H:10,VI and VII, 10-a, 16, IV(c) |
Site 301.14(f) |
RSA 162-H:10-b,II |
Site 301.15 |
RSA 162-H:10,VI and VII, 16, IV(b) |
Site 301.16 |
RSA 162-H:10,VI and VII, 16, IV(e) |
Site 301.17 |
RSA 162-H:10, VI and VII |
Site 301.18 |
RSA 162-H:7, V, 10, VI and VII |
|
|
Site 302.01-302.04 |
RSA 162-H:10,VI and VII, 12 |
Site 302.01(f) |
RSA 162-H:10,VI and VII, 12 |
Site 302.02(d) |
RSA 162-H:10,VI and VII, 12 |
Site 302.03(d) and (e) |
RSA 162-H:10,VI and VII, 12 |
Site 302.05 |
RSA 162-H:10,VI and VII; RSA 541-A:22, IV |
APPENDIX B: INCORPORATION BY
REFERENCE INFORMATION
RULE |
TITLE/CITATION (DATE) |
SOURCE |
Site 102.23 |
36 C.F.R. §800.16(l)(1)
(2014) |
Available from U.S.
Government Publishing Office, http://www.gpo.gov |
Site 301.06(b) |
36 C.F.R. §800.16(d) (2014) |
Available from U.S.
Government Publishing Office, http://www.gpo.gov |
Site 301.06(e) |
36 C.F.R. §800.2(c) (2014) |
Available from U.S.
Government Publishing Office, http://www.gpo.gov |
Site 301.08(c)(2) |
ANSI/ASA S12.9-2013 Part 3 Quantities and Procedures
for Description and Measurement of Environmental Sound – Part 3: Short-term
Measurements with an Observer Present |
Published by American National Standards Institute,
25 West 43rd Street, 4th Floor, New York, NY 10036 Hard copy or electronic
copy can be purchased for $115.00 at: http://webstore.ansi.org |
Site 301.08(c)(2) |
ANSI/ASA S12.9-1992 2013 Part 2, Quantities and Procedures
for Description and M easurement of Environmental Sound. Part 2: Measurement of
long-term, wide-area sound |
Published by American National Standards Institute,
25 West 43rd Street, 4th Floor, New York, NY 10036 Hard copy or electronic
copy can be purchased for $100.00 at: http://webstore.ansi.org |
Site 301.14(f)(5)a. & c. |
18 C.F.R. §380.12(k) (2016) |
Available from U.S. Government Publishing Office,
http://www.gpo.gov |
Site 301.14(f)(5)e. |
49 C.F.R. §192.5(b)(4) (2016) |
Available from U.S. Government Publishing Office,
http://www.gpo.gov |
Site 301.14(f)(5)e. |
49 C.F.R. §192.903 (2016) |
Available from U.S. Government Publishing Office,
http://www.gpo.gov |
Site 301.18(a)(1), (a)(4),
(e)(1), and (e)(3) |
ANSI/ASA S12.9-2013 Part 3
Quantities and Procedures for
Description and Measurement of Environmental Sound – Part 3: Short-term
Measurements with an Observer Present |
Published by American
National Standards Institute, Hard copy or electronic
copy can be purchased for $115.00 at: http://webstore.ansi.org |
Site 301.18(a)(2) |
ANSI/ASA S12.9-1992 2013
Part 2, Quantities and Procedures for Description and Measurement of
Environmental Sound. Part 2: Measurement of long-term, wide-area sound |
Published by American
National Standards Institute, Hard copy or electronic
copy can be purchased for $100.00 at: http://webstore.ansi.org |
Site 301.18(c)(1) |
ISO 9613-2 1996-12-15,
Acoustics - Attenuation of sound during propagation outdoors - Part 2:
General method of calculation |
Published by International
Organization for Standardization, Case Postale 56,
CH-1211, Geneve 20, Hard copy or electronic
copy can be purchased for $123.00 at: http://webstore.ansi.org |
Site 301.18(c)(2) |
IEC 61400 Part 11 (Edition
3.0 2012-11), Wind turbines – Part
11: Acoustic noise measurement techniques |
Published by International
Electrotechnical Commission, 3, rue de Varembé,
CH-1211, Hard copy or electronic
copy can be purchased for $303.00 at: http://webstore.ansi.org |