N.H. Admin. Code § Site 301.03

Current through Register No. 50, December 12, 2024
Section 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.

N.H. Admin. Code § Site 301.03

#9183-B, eff 6-17-08

Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10994, Effective 12/16/2015, Expires 12/16/2025.
Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11156, Effective 8/16/2016, Expires 8/16/2026.