Section 407-885-5 - STANDARDS FOR GRANTING EXEMPTIONTo exempt a public utility project or an energy corridor project wholly or partially from a municipal zoning ordinance or a LURC regulation, the Commission must determine that the exemption is necessary or desirable for the public welfare and convenience. A determination that the exemption is necessary or desirable for the public welfare or convenience must be based on the findings specified in subsections A and B.
A.Impact on Development. The whole or partial exemption of the municipal ordinance or LURC regulation is necessary to allow the public utility project or energy corridor project to be developed, to render the project economic or to avoid a significant increase in the costs of the project.B.Ratepayer or Public Interest. The interests of the general body of ratepayers with respect to a public utility project or the broad public interest with respect to an energy corridor project outweigh the interests represented by the municipal ordinance or the LURC regulation.65- 407 C.M.R. ch. 885, § 5