§ 42-98-11 Final hearing – Standards– Decisions. – (a) Within forty-five (45) days after the final date for submission of advisoryopinions pursuant to § 42-98-10, the board shall convene the final hearingon the application. The purpose of this hearing shall not be to rehear theevidence which was presented previously in hearings before agencies designatedunder § 42-98-9, but rather to provide the applicant, intervenors, thepublic, and all other parties in the proceeding, the opportunity to address ina single forum, and from a consolidated, statewide prospective, the issuesreviewed, and the recommendations made in the proceedings before the agenciesdesignated under § 42-98-9. The board at this hearing may, at itsdiscretion, allow the presentation of new evidence by any party as to theissues considered by the agencies designated under § 42-98-9. The boardmay limit the presentation of repetitive or cumulative evidence. The hearingshall proceed on not less than thirty (30) days' notice to the parties and thepublic, shall be concluded not more than sixty (60) days following itsinitiation, and shall be conducted expeditiously.
(b) The board shall issue a decision granting a license onlyupon finding that the applicant has shown that:
(1) Construction of the proposed facility is necessary tomeet the needs of the state and/or region for energy of the type to be producedby the proposed facility.
(2) The proposed facility is cost-justified, and can beexpected to produce energy at the lowest reasonable cost to the consumerconsistent with the objective of ensuring that the construction and operationof the proposed facility will be accomplished in compliance with all of therequirements of the laws, rules, regulations, and ordinances, under which,absent this chapter, a permit, license, variance, or assent would be required,or that consideration of the public health, safety, welfare, security and needfor the proposed facility justifies a waiver of some part of the requirementswhen compliance cannot be assured.
(3) The proposed facility will not cause unacceptable harm tothe environment and will enhance the socio-economic fabric of the state.
(c) Within sixty (60) days of the conclusion of the finalhearing the board shall issue its final decision on the application. A decisionin favor of the application shall constitute a granting of all permits,licenses, variances, or assents, which under any law, rule, regulation, orordinance of the state or of a political subdivision thereof which would,absent this chapter, be required for the proposed facility. The decision may beissued requiring any modification or alteration of the proposed facility, andmay be issued on any condition the board deems warranted by the record, and maybe issued conditional upon the applicant's receipt of permits required byfederal law. The board's decision shall explicitly address each of the advisoryopinions received from agencies, and the board's reasons for accepting,rejecting, or modifying, in whole or in part, any of those advisory opinions.The board shall, within ten (10) days of granting a license, with or withoutconditions, deliver the decision to the speaker of the Rhode Island house ofrepresentatives, and the president of the Rhode Island senate.
§ 42-98-11 Final hearing – Standards– Decisions. – (a) Within forty-five (45) days after the final date for submission of advisoryopinions pursuant to § 42-98-10, the board shall convene the final hearingon the application. The purpose of this hearing shall not be to rehear theevidence which was presented previously in hearings before agencies designatedunder § 42-98-9, but rather to provide the applicant, intervenors, thepublic, and all other parties in the proceeding, the opportunity to address ina single forum, and from a consolidated, statewide prospective, the issuesreviewed, and the recommendations made in the proceedings before the agenciesdesignated under § 42-98-9. The board at this hearing may, at itsdiscretion, allow the presentation of new evidence by any party as to theissues considered by the agencies designated under § 42-98-9. The boardmay limit the presentation of repetitive or cumulative evidence. The hearingshall proceed on not less than thirty (30) days' notice to the parties and thepublic, shall be concluded not more than sixty (60) days following itsinitiation, and shall be conducted expeditiously.
(b) The board shall issue a decision granting a license onlyupon finding that the applicant has shown that:
(1) Construction of the proposed facility is necessary tomeet the needs of the state and/or region for energy of the type to be producedby the proposed facility.
(2) The proposed facility is cost-justified, and can beexpected to produce energy at the lowest reasonable cost to the consumerconsistent with the objective of ensuring that the construction and operationof the proposed facility will be accomplished in compliance with all of therequirements of the laws, rules, regulations, and ordinances, under which,absent this chapter, a permit, license, variance, or assent would be required,or that consideration of the public health, safety, welfare, security and needfor the proposed facility justifies a waiver of some part of the requirementswhen compliance cannot be assured.
(3) The proposed facility will not cause unacceptable harm tothe environment and will enhance the socio-economic fabric of the state.
(c) Within sixty (60) days of the conclusion of the finalhearing the board shall issue its final decision on the application. A decisionin favor of the application shall constitute a granting of all permits,licenses, variances, or assents, which under any law, rule, regulation, orordinance of the state or of a political subdivision thereof which would,absent this chapter, be required for the proposed facility. The decision may beissued requiring any modification or alteration of the proposed facility, andmay be issued on any condition the board deems warranted by the record, and maybe issued conditional upon the applicant's receipt of permits required byfederal law. The board's decision shall explicitly address each of the advisoryopinions received from agencies, and the board's reasons for accepting,rejecting, or modifying, in whole or in part, any of those advisory opinions.The board shall, within ten (10) days of granting a license, with or withoutconditions, deliver the decision to the speaker of the Rhode Island house ofrepresentatives, and the president of the Rhode Island senate.
§ 42-98-11 Final hearing – Standards– Decisions. – (a) Within forty-five (45) days after the final date for submission of advisoryopinions pursuant to § 42-98-10, the board shall convene the final hearingon the application. The purpose of this hearing shall not be to rehear theevidence which was presented previously in hearings before agencies designatedunder § 42-98-9, but rather to provide the applicant, intervenors, thepublic, and all other parties in the proceeding, the opportunity to address ina single forum, and from a consolidated, statewide prospective, the issuesreviewed, and the recommendations made in the proceedings before the agenciesdesignated under § 42-98-9. The board at this hearing may, at itsdiscretion, allow the presentation of new evidence by any party as to theissues considered by the agencies designated under § 42-98-9. The boardmay limit the presentation of repetitive or cumulative evidence. The hearingshall proceed on not less than thirty (30) days' notice to the parties and thepublic, shall be concluded not more than sixty (60) days following itsinitiation, and shall be conducted expeditiously.
(b) The board shall issue a decision granting a license onlyupon finding that the applicant has shown that:
(1) Construction of the proposed facility is necessary tomeet the needs of the state and/or region for energy of the type to be producedby the proposed facility.
(2) The proposed facility is cost-justified, and can beexpected to produce energy at the lowest reasonable cost to the consumerconsistent with the objective of ensuring that the construction and operationof the proposed facility will be accomplished in compliance with all of therequirements of the laws, rules, regulations, and ordinances, under which,absent this chapter, a permit, license, variance, or assent would be required,or that consideration of the public health, safety, welfare, security and needfor the proposed facility justifies a waiver of some part of the requirementswhen compliance cannot be assured.
(3) The proposed facility will not cause unacceptable harm tothe environment and will enhance the socio-economic fabric of the state.
(c) Within sixty (60) days of the conclusion of the finalhearing the board shall issue its final decision on the application. A decisionin favor of the application shall constitute a granting of all permits,licenses, variances, or assents, which under any law, rule, regulation, orordinance of the state or of a political subdivision thereof which would,absent this chapter, be required for the proposed facility. The decision may beissued requiring any modification or alteration of the proposed facility, andmay be issued on any condition the board deems warranted by the record, and maybe issued conditional upon the applicant's receipt of permits required byfederal law. The board's decision shall explicitly address each of the advisoryopinions received from agencies, and the board's reasons for accepting,rejecting, or modifying, in whole or in part, any of those advisory opinions.The board shall, within ten (10) days of granting a license, with or withoutconditions, deliver the decision to the speaker of the Rhode Island house ofrepresentatives, and the president of the Rhode Island senate.
