EFSB Consolidated Permit Application Review Procedures.

(1) General. (a) Filing. The Applicant shall file an Application in the manner specified by the Board in 980 CMR 13.00. (b) Concurrent Filings. The Applicant shall submit a copy of each draft Permit filed with the Board pursuant to 980 CMR 13.05: EFSB Consolidated Application Requirements: Required Permits to the PEA that may enforce that Permit. See 980 CMR 13.05(2)(c). (c) Updated Filing. The Applicant may file updates or supplements to the Application after the Notice of Completeness, 980 CMR 13.06(2), is issued, if any material changes in Project design, construction, or operation are presented as part of the evidentiary record. (2) Intervention and Rulings. The following shall apply to PEAs and PAAs, regarding requests for intervention: (a) PEA Intervention. Each PEA is deemed to be substantially and specifically affected by the proceeding if the PEA would have had subject matter jurisdiction over a Permit included in the Application and shall be granted intervenor status upon written notification to the Presiding Officer. (b) PAA Intervention. If a PAA seeks to intervene or participate in the EFSB Consolidated Permit proceeding, the PAA shall follow intervention rules pursuant to 980 CMR 1.05: Intervention. (3) Adjudicatory Proceeding. Following a Notice of Completeness, the Presiding Officer shall propose a schedule for adjudicatory proceeding. The adjudicatory proceeding shall substantially comply with the form and timeline specified by the Board in 980 CMR 13.00: EFSB Consolidated Permit Application Guidance. The adjudicatory procedures shall include the following elements for an EFSB Consolidated Permit proceeding unless the Presiding Officer states otherwise: (a) Public Comment Hearing(s). The Presiding Officer shall schedule a public comment hearing(s) to occur within 45 days of a Notice of Completeness. (b) Deadline for Public Comments. The Presiding Officer shall set the deadline for public comments not less than two weeks following the last date of public comment hearing(s). (c) Deadline for Petitions for Intervention and Limited Participant Status. The Presiding Officer shall set the deadline for petitions for intervention and Limited Participant status not less than two weeks after the last date of public comment hearing(s). (d) PEA Notification of Intention to Intervene. A PEA shall notify the Presiding Officer at or before the deadline for petitions for intervention of its intention to intervene in the CEIF Project proceeding. (e) Presiding Officer Ruling and Procedural Ground Rules. The Presiding Officer shall issue a ruling on petitions for intervention, including confirmation of PEA intervenors, and Limited Participant status in a reasonable timeframe. The Presiding Officer shall issue the service list and procedural ground rules with the ruling for intervention and Limited Participant status. (f) Preliminary Procedural Conference and Procedural Order. The Presiding Officer shall schedule a preliminary procedural conference at their discretion after issuing the ruling on petitions for intervention and Limited Participant status. See 980 CMR 13.07(4). (g) Issuance of Information Requests and Responses. A Party shall not issue information requests prior to the issuance of procedural ground rules, except the Presiding Officer or the Board may issue information requests. The deadline for responses to information requests may not be less than two weeks from the issuance of information requests, unless good cause is shown for a different date. (h) Deadline for Pre-hearing Testimony to be Filed by Intervenor(s). The Presiding Officer shall set the deadline for pre-hearing testimony filed by Parties with intervenor status not less than two weeks prior to the initial evidentiary hearing. (i) Deadline to Submit Statements of Recommended Permit Conditions. The Presiding Officer shall set the deadline for Parties and PEAs to submit to the Board statements of recommended Permit conditions not less than three weeks before the initial evidentiary hearing. See 980 CMR 13.07(5). (j) Evidentiary Hearing(s). The Presiding Officer shall schedule the evidentiary hearing(s) at their discretion and in consultation with the Parties. (k) Record Requests and Responses. The Presiding Officer may set the deadline for responses to record requests at the evidentiary hearing in consultation with the Parties but may not set the deadline for more than two weeks from the date of the last evidentiary hearing, unless good cause is shown for a different date. (l) Conditions Conference. The Presiding Officer shall schedule a Conditions Conference following the evidentiary hearing(s) and receipt of record request responses. See 980 CMR 13.07(6). (m) Conditions Comments. The Parties may provide written comments regarding Conditions discussed at the Conditions Conference within one week of the Conditions Conference. (n) Initial Brief(s). The Presiding Officer shall set the deadline for the Parties to file initial brief(s) within three weeks of the deadline for Conditions Comments, unless good cause is shown for a different date. (o) Reply Brief(s). The Presiding Officer shall set the deadline for reply brief(s) to be filed not more than two weeks after the deadline for initial brief(s), unless good cause is shown for a different date. (p) Tentative Decision. The Presiding Officer shall determine the timeline to issue a Tentative Decision pursuant to 980 CMR 1.08(2): Tentative Decision based upon the applicable deadline for a final decision. (q) Board Meeting. The Presiding Officer shall schedule a Board meeting within the applicable review timeframe for 980 CMR 1.08(3): Final Decisions. See 980 CMR 13.02(4); 980 CMR 13.10. (4) Preliminary Procedural Conference and Scoping Order. The Presiding Officer shall notify the Parties of the opportunity to participate in the preliminary procedural conference. The Presiding Officer shall conduct a Preliminary Procedural Conference to discuss the procedural schedule and topic scope during adjudication. (a) Topic Scope. At the preliminary procedural conference, the Presiding Officer shall establish the scope of an EFSB Consolidated Permit, including, but not limited to: 1. Topics which require discussion and analysis. 2. Topics each Party agrees satisfy the requirements of the Board. 3. Topics each Party agrees do not necessitate extensive analysis or inquiry. 4. Possible conditions to be applied to the CEIF Project. (b) Scoping Order. The Presiding Officer shall issue a scoping order following the Preliminary Procedural Conference. The scoping order shall summarize the topics and indicate the scope of topics to be addressed through additional adjudication. (c) Procedural Schedule. The Presiding Officer will issue a final procedural schedule for the adjudicatory proceeding. (5) Statement of Recommended Permit Conditions. Each PEA may submit a statement of recommended Permit conditions regarding the subject matter for which the PEA would otherwise issue a Permit, regardless of intervention status. If a PEA has consulted with a PAA in the creation of their statement of recommended Permit conditions, the PAA shall be identified. Each Party may submit a statement of recommended Permit conditions for the CEIF Project. The Applicant may propose modifying or supplementing Permit conditions previously submitted as part of the Application. Each statement of recommended Permit conditions shall comply with the form and requirements specified by the Board in 980 CMR 13.00: EFSB Consolidated Permit Application Guidance. (6) Conditions Conference. The Presiding Officer shall conduct a Conditions Conference to discuss with the Parties each condition the Presiding Officer anticipates will apply to the Project. The Conditions Conference may occur after the evidentiary record is closed. (a) Proposed Conditions. The Presiding Officer shall provide each Party with a draft of proposed conditions proposed for the CEIF Project, prior to the Conditions Conference. Conditions may include Common Conditions the Presiding Officer deems appropriate, any recommended Permit conditions submitted by a Party or PEA, and other proposed conditions. The Presiding Officer shall explain the reasons to adopt or reject each condition proposed. (b) Recommended Permit Conditions and Requirements. After the Conditions Conference, the Presiding Officer shall provide the Parties and PEAs with a list of EFSB Consolidated Permit Conditions and requirements recommended by the Presiding Officer (Presiding Officer Recommended Permit Conditions and Requirements). (7) Unexcused Delay. (a) Applicant Responses. The Applicant shall be responsible for responding to all inquiries and requests for information from the Board and Parties within a specified time. See 980 CMR 13.07(3). 1. Delay. An Applicant’s response to inquiries and requests for information from the Board and Parties shall be unexcused if a response is provided after the specified time and no extension of time is granted by the Presiding Officer. 2. Remedies. The Presiding Officer may take one or more of the following actions in response to an unexcused delay: a. Warning. Issue a written warning to the Applicant that any additional delay may result in additional penalties. b. Incomplete Due to Delay. Deem the Application Incomplete, as described in 980 CMR 13.06(3), if the Applicant’s responses to inquiries are beyond the time specified more than once and no extension is granted by the Presiding Officer. (b) Delay Cure. After the Application is deemed incomplete due to delay, the Presiding Officer may issue a Notice of Completeness if the Applicant provides 1. the responses to the delayed inquiries; 2. an explanation for the delay; and 3. an explanation for how future delays will be avoided. The Presiding Officer shall set the review timeframe, as described in 980 CMR 13.02(4)(a), using the updated Notice of Completion date.