980 CMR, § 7.01

Current through Register 1530, September 13, 2024

Section 7.01 - General Provisions

(1)Scope and Purpose. 980 CMR 7.00 sets forth the procedures for the filing of and requirements for the content of long-range forecasts, amended forecasts and supplements. Forecasts are required to be filed every five years, and supplements in every intervening year. Forecasts include a projection of future demand or sendout and a description of facilities which may be required to meet future demand or sendout. Forecasts by electric companies will cover a ten year period, and gas companies a five year period.

980 CMR 7.01, 7.02 and 7.09 apply to both electric and gas companies. 980 CMR 7.03, 7.04 and 7.05 set forth procedures for the preparation of forecasts and supplements by electric companies. 980 CMR 7.06, 7.07 and 7.08 set forth the procedures for the preparation of forecasts and supplements by gas companies.

(2)Statutory Authority. 980 CMR 7.00 is promulgated pursuant to M.G.L. c. 164, §§ 69H, 69I and 69J.

(3)Definitions. For purposes of 980 CMR 7.00, the definitions set forth in 980 CMR 2.03 and 980 CMR 7.00 apply, unless the context or subject matter requires a different interpretation.

Forecastmeans long-range forecast, amended, or supplemental forecast.

Lead Company means, in the case of a facility proposed to be constructed or owned jointly by more than one company, the company responsible for providing all information required by 980 CMR 7.04, 7.05, 7.07 or 7.08 to be included in a forecast or supplement and all information required pursuant to 980 CMR 1.05(6) and 7.02(8)(a) during the course of a proceeding, and, in the case of a facility proposed to be constructed or owned by only one company, that company.

Peak Demand or Peak Load (electric) means the maximum rate or consumption of electrical energy in a system, or part thereof, expressed as the maximum megawatt hours per hour during a specified time period (day, week, month, year, etc.)

Peak Demand or Peak Load (gas) means the highest daily consumption in a month, season, or year.

Sendout means the total volume of gas distributed by a company, including gas used by the company and gas unaccounted for.

(4)Application of 980 CMR 1.00 and 2.00. 980 CMR 1.00 and 2.00 shall apply to 980 CMR 7.00 except to the extent that 980 CMR 1.00, 980 CMR 2.00 and 980 CMR 7.00 in conflict. In the event of a conflict, 980 CMR 1.00 shall prevail over 980 CMR 2.00 and 980 CMR 7.00 shall prevail over 980 CMR 1.00 and 2.00.

(5)General Principles and Practices.

(a)980 CMR 7.00 shall apply to all electric and gas companies, including but not limited to generating companies, transmission companies, pipeline companies, liquid natural gas companies, synthetic gas manufacturing companies, and distribution companies. Each such company shall prepare a separate forecast or supplement, subject to the provisions of 980 CMR 7.01(5)(c).

(b) In the case of a company doing business in other states or countries as well as in the Commonwealth, the company shall prepare two separate forecasts or supplements: one for Massachusetts only and a second for its entire electric or gas operation. The latter forecast shall be for informational purposes and shall not be subject to review by the Council; provided, however, that the Council shall review a forecast of its entire operations if that forecast serves to justify the construction of facilities in the Commonwealth and subject to Council review. Notwithstanding the provisions of this paragraph to the contrary, interstate gas transmission companies shall not be required to prepare any forecast or supplement for any part of a service area which lies outside of the Commonwealth of Massachusetts and the states of Connecticut, Maine, New Hampshire, New York, Rhode Island and Vermont.

(c) Companies may file joint forecasts or supplements, using the same or comparable methodologies and assumptions. Even so, all historical sales and demand or sendout data and forecast levels must be stated separately for each company whose wholesale and retail sales exceed two percent of total retail sales in the Commonwealth. Any company whose wholesale and retail sales do not exceed two percent need not file such data separately if it participates in a joint forecast or supplement. In the event of a joint forecast or supplement, the Council may conduct a joint adjudicatory proceeding concerning the forecasts or supplement. In such a proceeding the Council may render separate and different decisions for different companies.

(d) Electric companies shall, whenever appropriate and unless otherwise specified, report data in terms of megawatts electric (MW), megawatts thermal (MWt), megawatt-hours (MWH), kilovolts (kV), megavolt-amperes (MVa), or millions of Btu's (MMBtu). Gas companies shall, whenever appropriate and unless otherwise specified, report data in terms of millions of Btu's (MMBtu) or millions of Btu's per day (MMBtu/day).

(e) The following practices shall be followed when accurate historical data cannot be provided.

1. Historical data which cannot be provided shall be estimated.

2. Notation shall be made indicating which data were estimated.

3. A description of the estimation process used shall be included in the forecast or supplement.

4. Data records of significant required data shall be kept so as to replace the estimated data if the data becomes available in subsequent forecast years. Such estimated data shall be replaced, if appropriate, by the next long-range forecast or supplement.

(f) Where a facility is to be owned jointly by more than one company, then a designated lead company may include in its long-range forecast the information required by 980 CMR 7.04(8) or 7.07(7) and all other participants may incorporate such information by reference.

(g) The information required by this Chapter shall be submitted in such form as the Council may require.

(h) The procedures and requirements established in 980 CMR 7.03, 7.04, 7.06 and 7.07 for forecasts shall apply to supplements to the extent appropriate pursuant to the terms of 980 CMR 7.05 and 7.08.

(6)Exemption of Facilities Under Construction.

(a) No electric or gas facility which is under construction prior to May 1, 1976, shall be subject to any requirement that it be included in an approved long-range forecast, nor shall failure to include such a facility in a long-range forecast impair in any way the rights of the company constructing the facility to file an application for a Certificate with the Council in regard to the facility or to seek a license to construct, operate or maintain the facility from any local or other state agency.

980 CMR, § 7.01