TITLE 42
State Affairs and Government

CHAPTER 42-98
Energy Facility Siting Act

SECTION 42-98-9


§ 42-98-9. Applications – Procedures for review – Preliminary hearing.

(a) Within sixty (60) days following the board's docketing of an application the board shall, on not less than forty-five (45) days' notice to all agencies, subdivisions of the state, and the public, convene a preliminary hearing on the application to determine the issues to be considered by the board in evaluating the application, and to designate those agencies of state government and of political subdivisions of the state which shall act at the direction of the board for the purpose of rendering advisory opinions on these issues, and to determine petitions for intervention.

(b) The board shall consider as issues in every proceeding the ability of the proposed facility to meet the requirements of the laws, rules, regulations, and ordinances under which, absent this chapter, the applicant would be required to obtain a permit, license, variance, or assent. The agency of state government or of a political subdivision of the state which, absent this chapter, would have statutory authority to grant or deny the permit, license, variance, or assent, shall function at the direction of the board for hearing the issue and rendering an advisory opinion thereon.

(c) The board shall limit the scope of any agency's investigation where it finds that more than one agency has jurisdiction over a matter at issue in the licensing process. In these instances, the board shall determine which agency shall make the necessary findings on the issue after giving proper consideration to the expertise and resources available to each of the agencies involved.

(d) The public utilities commission shall conduct an investigation in which the division of planning of the department of administration, the governor's office of energy assistance and the division of public utilities and carriers shall participate and render an advisory opinion as to the need for the proposed facility.

(e) The statewide planning program within the department of administration shall conduct an investigation and render an advisory opinion as to the socio-economic impact of the proposed facility and its construction and consistency with the state guide plan.

(f) A decision of the board under this section shall be issued within thirty (30) days following the conclusion of the preliminary hearing and in any event within forty-five (45) days of the commencement of the hearing.

History of Section.
(P.L. 1986, ch. 531, § 1; P.L. 1990, ch. 309, § 5.)