Council Decisions

(1) Time Limit. The Council shall vote a final decision no later thansixmonths after the date of filing of an application. (2) Lack of Majority. If a majority of Council members participating in the votes cannot be obtained for denying the application, granting the application, or granting the application subject to terms and conditions, the application shall be considered denied. Such a denial may be treated by the applicant at its optionas a denialwithout prejudice to its right to file another initial petition in regard to the same matter or as a final agency action entitling it to judicial review. (3) Form of Certificate. A decision shall be in writing and shall set forth its basis in law and fact. It shall include specific findings and opinion with regard to: (a) The need for the facility to meet the energy requirements of the applicant's market area taking into account wholesale bulk power, gas or oil sales or purchases or other cooperative arrangements with other utilities or oil companies and energy policies as adopted by the Commonwealth; (b) The compatibilityofthe facilitywithconsiderations of environmental protection, public health and public safety; (c) The extent to whichconstructionand operationofthe facility will fail to conform with existing state and local laws, ordinances, bylaws, rules and regulations and reasonableness of exemption thereunder, if any consistent with the implementation of the energy policies contained in this act to provide a necessary energy supply for the Commonwealth with a minimum impact on the environment at the lowest possible cost; and (d) The public interest, convenience and necessity requiring construction and operation of the facility. The Council shallstate the extent to which the decision is or is not based upon the above findings and opinion. If the application is granted, the Council's decision shall constitute a Certificate of Environmental Impact and Public Need. If the application relates to more than one permit, the Council may issue a Certificate with regard to all such permits or less thanall. Whenissued, a Certificate shallserve in lieu of the permit in question. The Certificate may, according to its terms, authorize the applicant to construct, operate ormaintain a facility. It shall be sufficient to serve in lieu of the permit required from the agency complained of. The applicant shall not be required to reapply for the permit to the agency complained of, nor may the agency complained of impose or enforce any law, ordinance, by-law, rule or regulation in conflict with the terms of the Certificate. (4) Amendment of a Certificate. Any party to a Certificate proceeding or aggrieved person may make application for amendment of a Certificate within 30 days after the granting of the Certificate, the application shall be made in the form of a motion pursuant to 980 CMR 1.04(3). The Council may within 30 days after the motion deny the motion or schedule a hearing on it. If a hearing is scheduled, the Council shall take such measures as are necessary to insure full and adequate notice to, participation by and review by parties, the public and agencies. (5) Federal Pre-emption. The Council shall not issue a Certificate the effect of which would be to grant or modify a permit which, if so granted or modified by the agency appealed from would be invalid because of a conflict with applicable federal laws and regulations. (6) National Pollutant Discharge Elimination System Permit. Ifan application for a Certificate involves a National Pollutant Discharge Elimination System Permit, the applicant and the Council shall, in additionto complyingwith980 CMR 6.00 and 980 CMR 1.00, comply fully with all requirements of M.G.L. c. 164, § 69M.