Section 7.02 - Procedures(1)Petition. A petition, as used in Part, shall consist of any long-range forecast, supplement, or amended forecast filed with Council pursuant to 980 CMR 7.00. A complete petition shall be deemed to have commenced an adjudicatory proceeding.(2)Title; Other Required Information. In addition to the information required by 980 CMR 7.03 - 7.08, every petition, as far as possible, shall contain the following: (a) a title which indicates the nature of the proceedings, whether a long-range forecast, a supplement, or an amended forecast, and the complete name and address of the lead company fillng the petition and of any other company or companies for which it is filed;(b) the name and address of the officer of the company to whom communications with respect to the petition should be addressed and, if the company is represented by coiunsel, the name and address of counsel;(c) a reference to the statute pursuant to which the petition is filed; and(d) a request that the long-range forecast, supplement, or amended forecast which is the subject of the petition be approved.(3)Filing Dates.(a) Every electric company shall file the first long-range forecast containing the information required by 980 CMR 7.03 and 7.04 and every gas company shall file the first long-range forecast containing the information required by 980 CMR 7.06 and 7.07, either individually or jointly with other such companies, on or before May 1, 1976; the second long-range forecast shall be filed on or before December 31, 1980 for gas companies or April 1,1981 for electric companies; and subsequent long-range forecasts shall be filed every fifth year thereafter.(b) Every electric and gas company shall file the first supplement, either individually or jointly with other such companies, on or before December 31, 1976, and subsequent supplements shall be filed each year thereafter except years during which a long-range forecast is filed pursuant to 980 CMR 7.02(3)(a).(4)Notice. Notice of filing of a petition shall be given by the Council or the company in the manner set forth in 980 CMR 1.03(2). Such notice shall, in addition, state that copies of the petition are available at the offices of the Council and at repositories of documents chosen pursuant to 980 CMR 7.02(5) and that persons desiring more information should contact the Council.(5)Repository of Documents. Each company participating in the filing of a petition shall place a copy or copies of the petition in one or more repositories of documents chosen pursuant to 980 CMR 2.03(4). Each electric company shall choose at least one repository for each 2,000,000 MWH of sales or part thereof per year. Each gas company shall choose at least one repository for each 15,000,000 MMBtu or part thereof sold per year. Repositories shall be chosen and distributed in order to provide convenient access to the petition to as many of the company's customers as possible. The Covincil may in its discretion require that additional documents, data or transcripts be provided for each such repository by the company or any other party. Materials may be removed from a repository after the conclusion of all judicial appeals or the expiration of all time limits for judicial appeals.(6)Adjudicatory Hearing. The Council shall hold an adjudicatory hearing within six months after the fiUng of a complete petition. The Council may in its discretion combine proceedings concerning more than one petition in a single adjudicatory hearing, provided that the Council issues a separate decision for each such petition.(7)Informational Hearing. The Council shall conduct a pubKc hearing for informational purposes in each locality in which there is the site or alternative site for a facility proposed in a petition. 980 CMR 7.00 shall not be interpreted to require, buy may be interpreted to allow, the Council to hold an informational hearing in more than one place for any proposed transmission line. The informational hearing shall be held at least 14 days prior to the commencement of the adjudicatory hearing required by 980 CMR 7.02(6). An informational hearing shall not be required concerning a proposed site, if such hearing has already been held in regard to a previously filed long-range forecast or supplement. The Council shall give such notice or require the company to give such notice as is necessary to inform the public in the affected area of the time, place, and nature of the hearing. The Council may require the company proposing the site or alternative site to present oral testimony at such an informational hearing as a necessary precondition of Council approval of the petition.(8)Conduct of Adjudicatory Proceedings.(a) The Council may in its discretion require at any time during an adjudicatory hearing subject to 980 CMR 7.00 that a company or other party produce such additional information, data or evidence as the Council needs to render a decision.(b) hi reviewing any question presented concerning a proposed facility described pursuant to 980 CMR 7.04 or 7.07, the Council may in its discretion examine the question in great detail or examine the question in limited detail. The Council may base its detennination of the level of detail upon such factors as the completeness of plans for and design of the facility, the adequacy or probable adequacy of review or subsequent review by local or other state agencies, the importance of the question, and the wishes of the company, local and other state agencies, or other parties.(9)Council Decisions. (a) Within 12 months from the date of filing of a complete petition or such other time as may be agreed upon, the Council shall render a decision approving the forecast or supplement, approving it subject to stated conditions, approving it in part and rejecting it in part, or rejecting it. Approval shall require a majority vote. The Council may, among other actions, approve a forecast but retain jurisdiction to review ftirther the plans for a particular facility at a later time. Conditional or partial approval of a forecast or supplement may, according to its terms, be deemed to satisfy the requirement of M.G.L. c. 164, § 691, that a site and faciUty conform to the most recently approved forecast or supplement for purposes of permit proceedings before other agencies.(b) The Council shall approve the demand or sendout segment of a forecast or supplement, if it determines that each of the following requirements has been met by the company: 1. All historical data and current operaing data and information required by 980 CMR 7.00 and information relating to energy policies for the Commonwealth are substantially accurate and complete.2. The forecasts of demand required by 980 CMR 7.00 are based on substantially accurate historical information or, where appropriate, estimates and upon reasonable statistical projection methods. What constitutes a reasonable statistical projection method may depend upon the size of the company, the state of the art of forecasting, and the extent to which the requirements of 980 CMR 7.00 are met.3. Any projections relating to service area, facility use and pooling or sharing arrangements are consistent with such forecasts of other companies subject to Council jurisdiction as may have already been approved and with reasonable projections of activities of companies outside of Council jurisdiction in the New England area.(c) The Council shall approve the supply segment of a forecast or supplement, if it determines that all information relating to environmental impact of proposed facilities is substantially accurate and complete, and that plans for expansion and construction of facilities are consistent with current health, environmental protection, and resource use and development policies of the Commonwealth as set forth in the constitution, general laws, and duly promulgated rules and regulations of responsible state, regional or local agencies. Approval of a planned facility in a forecast shall not be construed to limit or pre-empt the authority and responsibility of any state, regional or local agency to issue or require any approval, consent, permit, certificate or condition for the construction, operation or maintenance of such facility under other laws of the Commonwealth, nor shall such approval constitute a determination that a proposed facility complies with or satisfies any statutory or regulatory standard other than those of the Council. Therefore, to the extent that any such policies are implemented or enforced by a state, regional, or local agency by the issuance or requirement of an approval, consent, permit, certificate or condition for the construction, operation or maintenance of such facihty, such plans will be deemed consistent with such policies.(d) In reviewing a supply plan the Council shall approve or disapprove only those facilities included pursuant to 980 CMR 7.04(8) and 7.07(7). It shall not approve or disapprove facilities and generating plants included pursuant to 980 CMR 7.04(5)-(7), 7.07(5) and (6).(e) A decision shall be set forth in writing and the reasons therefor included.(10)Determination of Council Jurisdiction.(a) Any company or other person may at any time petition the Council pursuant to this Rule for a determination whether an electric or gas plant, transmission line, pipeline, or gas storage tank (proposed, under construction, or existing) is within the definition of facility, is exempt from Council jurisdiction pursuant to 980 CMR 7.01(1), should be included in any forecast or supplement pursuant to 980 CMR 7.00, or may qualify for a Certificate pursuant to 980 CMR 6.00.(b) Should the Council decide to consider such a petition; its action shall be taken through an adjudicatory proceeding, subject to all procedures set forth in 980 CMR 1.00.(c) The petition shall state the name of the petitioner, the nature of the petition, and the determination of the Council sought by the petitioner.(d) The petition shall be accompanied by such briefs, information, data, and written testimony as the petitioner may deem appropriate to support its request. The Council may during a hearing require such additional information, data and evidence as it in its discretion deems appropriate.(e) If a hearing is held, the Council shall within four months issue a decision on a petition stating fully the extent to which a proposed facility is within or without Council jurisdiction for a specific purpose, or deferring a determination of Council jurisdiction.(f) The Council may consider a petition pursuant to this Rule to determine whether a facility is within Council jurisdiction for purposes of a forecast, supplement. Application for a Certificate at the same time its reviews the forecast, supplement or Application. A company by submitting information to the Council pursuant to 980 CMR 6.00 or 7.00 does not waive the right to challenge Council jurisdiction.(g) A determination by the Council pursuant to this Rule that a proposed facility is not within the jurisdiction of the Council and need not be included in forecast or supplement shall be equivalent to a determination by the Council that the said facility and its site conform to the most recently approved forecast or supplement. Such a determination by the Council shall be sufficient but not necessary to satisfy the requirement of M.G.L. c. 164, § 691 that the Council approve a forecast or supplement to which the site and facility conform before any state agency may issue a construction permit.(h) The existence of the procedures of this Part shall not be deemed to preclude any party from raising the question of Council jurisdiction during a proceeding.