New Hampshire Revised Statutes 162-H:4 – Powers and Duties of the Committee
Current as of: 2023 | Check for updates
|
Other versions
I. The committee shall:
(a) Evaluate and issue any certificate under this chapter for an energy facility.
(b) Determine the terms and conditions of any certificate issued under this chapter.
(c) Adjudicate enforcement matters.
(d) Assist the public in understanding the requirements of this chapter.
II. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days.
III. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use of any technique, methodology, practice, or procedure approved by the committee within a certificate issued under this chapter, or the authority to specify minor changes in the route alignment to the extent that such changes are authorized by the certificate for those portions of a proposed electric transmission line or energy transmission pipeline for which information was unavailable due to conditions which could not have been reasonably anticipated prior to the issuance of the certificate.
III-a. The committee may not delegate its authority or duties, except as provided under this chapter.
IV. In cases where the committee determines that other existing statutes provide adequate protection of the objectives of N.H. Rev. Stat. § 162-H:1, the committee may, within 60 days of acceptance of the application, or filing of a request for exemption with sufficient information to enable the committee to determine whether the proposal meets the requirements set forth below, and after holding a public hearing in a county where the energy facility is proposed, exempt the applicant from the approval and certificate provisions of this chapter, provided that the following requirements are met:
(a) Existing state or federal statutes, state or federal agency rules or municipal ordinances provide adequate protection of the objectives of N.H. Rev. Stat. § 162-H:1;
(b) A review of the application or request for exemption reveals that consideration of the proposal by only selected agencies represented on the committee is required and that the objectives of N.H. Rev. Stat. § 162-H:1 can be met by those agencies without exercising the provisions of RSA 162-H;
(c) Response to the application or request for exemption from the general public indicates that the objectives of N.H. Rev. Stat. § 162-H:1 are met through the individual review processes of the participating agencies; and
(d) All environmental impacts or effects are adequately regulated by other federal, state, or local statutes, rules, or ordinances.
V. In any matter before the committee, the presiding officer, or a hearing officer designated by the presiding officer, may hear and decide procedural matters that are before the committee, including procedural schedules, consolidation of parties with substantially similar interests, discovery schedules and motions, and identification of significant disputed issues for hearing and decision by the committee. Undisputed petitions for intervention may be decided by the hearing officer and disputed petitions shall be decided by the presiding officer. Any party aggrieved by a decision on a petition to intervene may within 10 calendar days request that the committee review such decision. Other procedural decisions may be reviewed by the committee at its discretion.
(a) Evaluate and issue any certificate under this chapter for an energy facility.
Terms Used In New Hampshire Revised Statutes 162-H:4
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Determine the terms and conditions of any certificate issued under this chapter.
(c) Adjudicate enforcement matters.
(d) Assist the public in understanding the requirements of this chapter.
II. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days.
III. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use of any technique, methodology, practice, or procedure approved by the committee within a certificate issued under this chapter, or the authority to specify minor changes in the route alignment to the extent that such changes are authorized by the certificate for those portions of a proposed electric transmission line or energy transmission pipeline for which information was unavailable due to conditions which could not have been reasonably anticipated prior to the issuance of the certificate.
III-a. The committee may not delegate its authority or duties, except as provided under this chapter.
IV. In cases where the committee determines that other existing statutes provide adequate protection of the objectives of N.H. Rev. Stat. § 162-H:1, the committee may, within 60 days of acceptance of the application, or filing of a request for exemption with sufficient information to enable the committee to determine whether the proposal meets the requirements set forth below, and after holding a public hearing in a county where the energy facility is proposed, exempt the applicant from the approval and certificate provisions of this chapter, provided that the following requirements are met:
(a) Existing state or federal statutes, state or federal agency rules or municipal ordinances provide adequate protection of the objectives of N.H. Rev. Stat. § 162-H:1;
(b) A review of the application or request for exemption reveals that consideration of the proposal by only selected agencies represented on the committee is required and that the objectives of N.H. Rev. Stat. § 162-H:1 can be met by those agencies without exercising the provisions of RSA 162-H;
(c) Response to the application or request for exemption from the general public indicates that the objectives of N.H. Rev. Stat. § 162-H:1 are met through the individual review processes of the participating agencies; and
(d) All environmental impacts or effects are adequately regulated by other federal, state, or local statutes, rules, or ordinances.
V. In any matter before the committee, the presiding officer, or a hearing officer designated by the presiding officer, may hear and decide procedural matters that are before the committee, including procedural schedules, consolidation of parties with substantially similar interests, discovery schedules and motions, and identification of significant disputed issues for hearing and decision by the committee. Undisputed petitions for intervention may be decided by the hearing officer and disputed petitions shall be decided by the presiding officer. Any party aggrieved by a decision on a petition to intervene may within 10 calendar days request that the committee review such decision. Other procedural decisions may be reviewed by the committee at its discretion.