CHAPTER Dec 100
ORGANIZATIONAL RULES
PART Dec 101
PURPOSE AND SCOPE OF RULES
Dec
101.01 Purpose of Rules. These rules provide a procedure for
determination of the amount of the decommissioning financing fund for each nuclear
electric generating facility and the schedule of payments of monies into the
fund by the owner or owners of each such nuclear electric generating facility.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
101.02 Scope of Rules. These rules shall govern the proceedings before
the nuclear decommissioning finance committee in the conduct of its statutory
responsibilities.
Source. #9143,
eff 4-25-08
PART Dec 102
DEFINITIONS
Dec
102.01 "Adjudicative
proceeding" means the procedure to be followed in contested cases, as set
forth in RSA 541-A:31 through RSA 541-A:36 and the rules of the committee.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff
9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94,
EXPIRED: 8-30-00
New. #7366, INTERIM, eff
9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.02 "Committee" means the nuclear
decommissioning financing committee established pursuant to RSA 162-F:15.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.03 "Decommissioning of a
nuclear electric generating facility" means the permanent removal from
service of any radioactive portion of a nuclear electric generating facility
and includes, but is not limited to:
(a) Safe removal of the land, facility, or site
from service, including, but not limited to, decontamination, stabilization,
removal, relocation, shipment, containment, demolition, dismantling, or
storage, or a combination thereof, of any buildings, structures, systems,
components, materials, or debris containing activation products or radioactive
contamination. This includes reduction of residual radioactivity to a level
that permits release by the Nuclear Regulatory Commission of the property
including land and structures for unrestricted use, and termination of the
license issued by the Nuclear Regulatory Commission. Included is the removal of
nuclear fuel, removal of the reactor containment building, and the dismantling
of non-contaminated components required to obtain access to contaminated
components;
(b) Restoration and rehabilitation of any site,
including the physical and aesthetic appearance of the site subject to this chapter to permit non-nuclear
commercial, industrial, or other similar use, consistent with the orderly
development of the region with due consideration having been given to the views
of municipal and regional planning commissions and municipal governing bodies;
and
(c) Perpetual, continual control or surveillance
of land and structures that the Nuclear Regulatory Commission has not released
for unrestricted use.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec 102.04
“Facility" means any nuclear electric generating facility subject
to decommissioning pursuant to RSA 162-F:14-27.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.05 "Fund" means a nuclear
decommissioning financing fund established pursuant to RSA 162-F:19.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec 102.06 "Issue date" means the date on which
the committee gives actual notice to all parties of an order or other material
issued by the committee, or transmits the same for mailing or delivery.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143,
eff 4-25-08
Dec
102.07 "Owner" means the owner
or owners of a nuclear electric generating facility.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.0 "Motion" means a request
to the committee for an order or other ruling after the commencement of an
adjudicative proceeding or non-adjudicative process pursuant to RSA 162-F:14-26
or the rules of the committee.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824,
eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.09 "Non-adjudicative
processes" means all committee procedures and actions preceding and other
than the commencement of an adjudicative proceeding.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec 102.10 "Order" means the whole or part of
the committee's final disposition of a matter, other than a rule, the interim
disposition of procedural matters and prehearing conferences, and the final
disposition of any other matters before the committee but does not include an
agency’s decision to initiate, postpone, investigate or process any matter.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.11 "Party" means “party”
as defined in RSA 541-A:1,XII, namely “each person or agency named or admitted as
a party, or properly seeking and entitled as a right to be admitted as a
party.”
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.12 "Person" means any
individual, partnership, corporation, association, governmental subdivision, or
public or private organization of any character which appears before the
committee for any purpose.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
102.13 "Petition" means any
written request filed with the committee for the purpose of seeking the
approval, determination, consent, certification or authorization of the
committee in connection with any matter or adjudicative proceeding and
non-adjudicative processes pending before the committee.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec 102.14 "Petitioner" means any person on
whose behalf a petition is filed with the committee.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143,
eff 4-25-08
Dec 102.15 "Presiding officer" means that
individual appointed to be the presiding officer at the hearings in
adjudicative proceedings as set forth in Dec 204.01 or a hearing officer
appointed by the committee to preside over procedural matters and prehearing conferences.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
PART Dec
103 DESCRIPTION
Dec 103.01 Committee Description.
(a)
The nuclear decommissioning financing committee is a committee
established for a nuclear electric generating facility, and delegated the
responsibility of determining the amount of money needed to decommission that
facility.
(b)
The committee consists of 8 members as set forth in Dec 103.02.
(c)
The committee's duties are to:
(1)
Determine the projected cost of decommissioning the subject nuclear
electric generating facility;
(2) Establish
a nuclear decommissioning financing fund for that facility;
(3)
Establish a schedule for payments of money into the fund by the owner or
owners of that facility; and
(4)
Establish funding assurance that, in the aggregate, meets or exceeds the
decommissioning funding requirements established by the committee.
(d)
The fund shall be available to decommission the nuclear electric
generating facility on a schedule established by the committee.
(e)
Proceedings before the committee shall be governed by RSA 541-A and
these rules.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec 103.02
Committee Members.
(a) The committee consists of 8 members as
follows:
(1) A
resident of the town or city where the nuclear facility is located and
appointed by the town or the mayor and council of the city;
(2) The
chairman of the public utilities commission;
(3) One
senator to be appointed by the senate president;
(4) One
member of the house of representatives to be appointed by the speaker of the
house;
(5) The
state treasurer or designee;
(6) The
commissioner of the department of health and human services or designee;
(7) The
commissioner of the department of safety or designee; and
(8) The director
of the governor’s office of energy and planning or designee.
(b) The committee shall select a chairman to
serve for a 3-year term.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
103.03 Method of Committee Operations.
(a) The committee performs its statutory
responsibilities in determining and establishing a nuclear decommissioning
financing fund and a schedule of payments of monies into such fund, by
initiating proceedings for the specific nuclear electric energy facility and by
holding all necessary meetings and hearings.
(b)
The committee is assisted in carrying out these responsibilities by
hiring clerical and technical assistance on a temporary basis, such as its
administrative assistant and its special legal counsel, as provided in RSA
162-F:17, II.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
103.04 Contact Information for the
Committee.
(a) The committee operates out of the offices of
the public utilities commission at the following address:
N.H. Public Utilities Commission
(b) Telephone inquiries may be made to the executive
director of the public utilities commission at (603) 271-2431 or TDD
Access-Relay NH: 1-800-735-296.
(c) The committee’s website can be accessed
through a link on the public utilities commission website at www.puc.nh.gov.
Source. #9143,
eff 4-25-08
PART Dec 104
REQUESTS BY PUBLIC FOR INFORMATION
Dec
104.01 Information Request by Public.
(a) General inquiries and requests for public
information may be:
(1)
Directed by telephone to (603) 271-2431;
(2) Made
by facsimile transmission to (603) 271-3878;
(3) Made
by e-mail to puc@puc.nh.gov; or
(4) Made by written communication to the attention
of the executive director at the address provided in Dec 103.04 (a) above.
(b) Any member of the public may request
photocopies of minutes and records of the committee in any proceeding or in any
other matter before the committee pursuant to (a) above upon a determination by
the presiding officer that such requested documents are not exempt from
disclosure pursuant to RSA 91-A:5.
(c) The committee shall provide the requested
documents to the person requesting them upon payment of the cost of copying
such documents pursuant to (b) above and (d) and (e) below.
(d) Copies shall be free for requests of 10 pages
or less.
(e)
A charge of $.10 per page shall be assessed for every copy over the
first 10 pages.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec
104.02 Public Inspection of Minutes
and Records. Pursuant to RSA 91-A:4,
the records of the committee, including its minutes, shall be available for
inspection and copying by any member of the public during regular business
hours at the premises of the public utilities commission, located at 21 South
Fruit Street, Suite 10, Concord, New Hampshire, from 8:00 a.m. to 4:30 p.m.,
Monday through Friday, except for holidays.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
Dec 104.03
Public Access to Committee Rules.
(a) The committee, pursuant to RSA 541-A, files
its rules with the director of legislative services.
(b) Members of the public may call or write the
committee as indicated in Dec 103.04 to obtain photocopies of the rules or may
appear in person to inspect the rules.
(c) The committee shall provide copies of the
rules to members of the public free of charge.
(d) The committee’s rules shall also be posted on
its website which is linked to the website of the commission at www.puc.nh.gov.
(e)
A cross reference of the specific
sections of state and federal statutes which Dec 100 is intended to implement
is set forth as follows:
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9143, eff 4-25-08
CHAPTER Dec 200
PRACTICE AND PROCEDURAL RULES
PART Dec 201.01
PROCEEDINGS BEFORE THE COMMITTEE
Dec
201.01 Governing Procedure.
(a) These
rules shall govern practice before the committee in its formal and informal
proceedings and in accordance with the applicable laws of the State of
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A, eff 4-24-08
Dec
201.02 Nature of Proceedings.
(a) The proceedings before the committee
concerning the establishment of a nuclear decommissioning financing fund,
changes to the projected cost of decommissioning and monthly payment schedule
for payment of money into the fund by the owner or owners shall be conducted in
the form of an adjudicatory proceeding under RSA 541-A:31-36 and as provided in
RSA 162-F:22, V.
(b) Notwithstanding (a) above, prior to a
transfer of ownership interest, funding assurances approved and changed by the
committee in a non-adjudicative proceeding, as provided in RSA 162-F, 22,
V.
(c) All other
proceedings before the committee shall be governed by applicable statutes and
by these rules to the extent applicable.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A, eff 4-24-08
Dec
201.03 Practice Before the Committee.
(a) Any person may appear before the committee:
(1) On
one’s own behalf;
(2) By an
attorney authorized to practice in any state or the
(3) By an
employee or authorized agent.
(b) Any person appearing before the committee
shall adhere to:
(1) These
rules; and
(2) Any
orders of the committee or agreements among parties including orders or
agreements concerning confidentiality.
(c) Nothing in these rules shall be interpreted in
such a way as to permit the unauthorized practice of law, nor shall this rule
in any way be construed to restrict or limit the right of any person to conduct
his or her own representation with or before the committee.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A, eff 4-24-08
Dec
201.04 Waiver of Rules.
(a) Upon its own motion, or upon written request,
the committee shall waive the provisions of any rule, except where precluded by
statute, provided that:
(1) Such
waiver will enable the committee to either expedite the proceeding or complete
the proceeding in a more orderly manner;
(2)
Compliance with the rule would be onerous or inapplicable given the
circumstances of the affected person; or
(3) A
specifically defined alternative procedure is proposed which shall result in a substantially
equivalent result consistent with the principles embodied in said rule.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A, eff 4-24-08
Dec 201.05 Withdrawal
of Presiding Officer or Committee Member.
(a) Upon his or her
own initiative or upon the motion of any party, the presiding officer or
committee member shall, for good cause, withdraw from any adjudicative
proceeding or other matter.
(b) Good cause shall
exist if a presiding officer or committee member:
(1) Has a
direct interest in the outcome of a proceeding, including, but not limited to,
a financial or family relationship with any party;
(2) Has
made statements or engaged in behavior which objectively demonstrates that he
or she has prejudged the facts of a case;
(3) Personally
believes that he or she cannot fairly judge the facts of a case;
(4) Is
obligated to withdraw because his or her impartiality might reasonably be
questioned; or
(5) Is
otherwise required to withdraw pursuant to applicable law.
(c) Mere knowledge
of the issues, the parties or any witness shall not constitute good cause for
withdrawal, nor shall the fact that the presiding officer or committee member
is a customer of a nuclear electric generating facility owner that is a party
to the proceeding.
Source. #9144-A,
eff 4-24-08
Dec 201.06 Staff
Participation. The committee shall
be assisted by counsel who participates in an advisory basis only.
Source. #9144-A,
eff 4-24-08
PART Dec 202
FILINGS WITH COMMITTEE
Dec 202.01
Establishment of Fund. A
separate nuclear decommissioning financing fund shall be established in the
office of the state treasurer for each owner of a nuclear facility in the
state.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-B,
eff 4-24-08
Dec 202.02
Annual Review Filing
Requirements.
(a) Each year the committee shall review the
cumulative nuclear decommissioning fund and each funding assurance in place pursuant
to an order of the committee as provided in RSA 162-F:22, II.
(b) For each annual review, the owner shall file:
(1) A
proposed schedule of payment for the subsequent years;
(2) A
description of each funding assurance;
(3) The
balance of each nuclear decommissioning fund;
(4) Any
changes in ownership, law, decommissioning standards, the projected date of
beginning or ending decommissioning the nuclear electric generating facility,
and all other matters that could affect the projected cost of decommissioning;
and
(5)
Testimony and exhibits supporting the filing.
(c) No less than every 4 years, the committee
shall review the projected cost of decommissioning the nuclear generating electric
facility in addition to the annual review that is conducted each year.
(d) For each such review required in (c) above,
the owner shall file a detailed study of the process and cost of
decommissioning the nuclear electric generating facility including:
(1) A detailed description, cost and timetable of
each known decommissioning methods currently available;
(2) The method proposed by the owner;
(3) The cost of the method proposed by the owner;
(4) The cost and duration of storage of spent
nuclear fuel and high level radioactive waste at the facility;
(5) The proposed schedule of payments; and
(6) All methods and inputs utilized in developing
the cost of the proposed decommissioning method.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A, eff 4-24-08
New. #9144-B,
eff 4-24-08
Dec 202.03
Notice of Hearings.
(a) Upon receipt of the information identified in
Dec 202.02, the committee shall hold a meeting at the location established in
Dec 203.01 and with the proper notice as required by RSA 162-F:21 and Dec 204.02.
(b) In a contested case, the committee shall
afford an opportunity for an adjudicative proceeding after notice.
(c) The notice required by (a) above shall
include:
(1) A
statement of the time, place and nature of the hearing;
(2) A statement
of the legal authority under which the hearing is to be held;
(3) A
reference to the particular sections of the statutes and rules involved;
(4) A
short and plain statement of the issues involved; and
(5) That each party has the right to have an
attorney present.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A
eff 4-25-08
Dec
202.04
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
202.05 Format of Filing.
(a) Testimony, exhibits and other documents filed
with the committee shall be prepared on standard 8-1/2" x 11" sheets,
and plans shall be folded to that size.
(b) The documents shall also be filed in
electronic format using a program or programs compatible with the software used
by the committee.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
PART Dec 203
FORMAL REQUIREMENTS
Dec
203.01 Place of Hearings. Except as provided in RSA 162-F:21, IV and
RSA 162-F:22, V, which requires public hearings to be held in the city or town
where the nuclear electric generating facility is located, all hearings before
the committee shall be held in the hearing rooms at the offices of the public
utilities commission, located at
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
203.02 Computation of Time.
(a) Computation of any period of time referred to
in these rules shall begin with the first day following the act that initiates
such period of time.
(b) The last day of the period so computed shall
be included unless it is a day on which the office of the committee is closed,
in which event the period shall run until the end of the following business
day.
(c) Only when such period of time, with the
intervening Saturdays, Sundays and legal holidays counted, is 5 days or less,
shall Saturdays, Sundays, and legal holidays be excluded from the computation.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
203.03 Extensions of Time.
(a) Except for postponements of hearings pursuant
to Dec 204.10, a party requesting an extension of time shall make such request
in writing before the expiration of the period originally prescribed.
(b) A party requesting an extension shall make a
good faith attempt to gain the consent of the other parties for the extension.
(c) The committee shall grant a request for
extension of time if:
(1) The
party making the request has demonstrated that circumstances would cause undue
hardship or inconvenience unless the request were granted; and
(2) The
extension would not unduly delay the proceeding or adversely affect the rights
of any party.
(d)
The presiding officer shall notify all parties of any extension of time
granted.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A
eff 4-25-08
Dec
203.04 Date of Filing.
(a) All orders, decisions, findings of fact,
correspondence, motions, petitions, applications and any other documents filed
with the committee shall be deemed to have been issued, made or received:
(1) On
the issue date for orders, communications or other material issued by the
committee; and
(2) On
the date of receipt of paper copies by the committee for petitions,
applications or material filed by petitioners, applicants, or other persons.
(b) Parties shall follow any electronic copies with paper copies in accordance with these procedural
rules.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 203.05
Identification of Written Communications. Written communications to the committee shall
contain the name and address of the communicator and the appropriate docket
number, order number or other pertinent subject matter identification.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
203.06 Advance Filing of Exhibits and
Testimony.
(a) All parties shall:
(1) File an
original and 9 copies of their direct testimony and exhibits with the
committee; and
(2) Serve
a copy on all other parties at such times and in accordance with a procedural
order issued by the committee.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
203.07 Exhibits.
(a) The party offering an exhibit shall file the
original and 9 copies thereof with the committee and shall serve a copy on all
other parties.
(b) Multi-page documents shall be paginated
sequentially.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 203.08
Reopening the Record.
(a) The committee shall, on its own motion or at
the request of a party, authorize filing of exhibits after the close of a
hearing if the committee finds that late submission of additional evidence will
enhance its ability to resolve the matter in dispute.
(b) Any party requesting authorization to file an
exhibit after the close of a hearing shall make its request:
(1)
Orally before the close of the hearing; or
(2) If
the hearing has concluded, by motion.
(c) In determining whether to admit the late filed
exhibit into the record, the committee shall consider:
(1) The
probative value of the exhibit; and
(2) Whether the opportunity to submit a document
impeaching or rebutting the late filed exhibit without further hearing shall
adequately protect the parties' right of cross examination pursuant to RSA
541-A:33, IV.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A
eff 4-25-08
Dec
203.09 Transcripts.
(a) As provided in RSA 162-F:21, III and IV, and RSA
162-F:22, V, the committee shall publish a transcript of all proceedings during
which the information was presented or offered into testimony.
(b) Such transcripts shall be available for
public review in the clerk's office of the city or town where the nuclear
electric generating facility is located and in the office of the public
utilities commission.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
203.10 Signatures. Every application, notice, motion, petition, brief
or memorandum shall be signed by the person filing the document or by one or
more attorneys in their individual names on behalf of such person.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
203.11 Amendments.
(a) The committee shall permit the amendment of
any document filed with the committee provided:
(1) The
party requesting the amendment shall give notice of the request to all persons
on the service list for the proceeding; and
(2) The
committee determines that the amendment shall encourage the just resolution of
the proceeding and will not cause undue delay.
(b) The committee shall not allow any amendment
that has the effect of broadening the scope of the proceeding unless it
provides notice to those affected and an opportunity to comment prior to final committee
action.
(c) The committee shall allow the correction of
typographical errors in any document filed with the
committee at any time.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
203.12 Service.
(a) Except as agreed to by the parties and
approved by the committee, service of
all documents relating to any proceeding, including but not limited to,
applications, petitions, motions, prepared testimony, exhibits, briefs, orders,
notices, and written communications shall be made by personal delivery or first
class mail.
(b) Electronic filings made with the committee
shall be made electronically with all parties and shall be followed by paper
copies in accordance with these procedural rules.
(c) Any party may elect to receive any document
electronically, including orders and notices, without also receiving paper
copies.
(d) Service of motions for rehearing filed
pursuant to RSA 541 shall be received by the parties on the same day as they
are filed with the committee.
(e) All such documents shall be served by the
person filing the same on every other party.
(f) If a person becomes a party after the
document has been filed, a copy of all documents previously filed shall be
furnished to such person, if he or she so requests.
(g) Proof of service shall accompany all
documents filed.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
PART Dec 204
HEARINGS AND PROCEDURE
Dec 204.01 Presiding Officer.
(a)
The chairman of the committee shall be the presiding officer at the
hearings, except as provided in (b) below.
(b) In his or her absence at a particular
hearing, the presiding officer shall appoint one of the committee members to be
the presiding officer.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 204.02
Notice of Hearing.
(a) The committee shall give 14 days notice of a
hearing to:
(1) The
parties on the service list of a proceeding as established by a procedural
hearing;
(2) To
persons required by statute to be notified; and
(3) To
such other additional persons who request the committee to include them on the
service list.
(b) Notice shall be provided pursuant to Dec
203.12 and shall contain the information set forth in Dec 202.03.
(c) The owner shall notify the general public of
the commencement of each public hearing of the committee, as identified in RSA 162-F:21,
and of the final hearing as identified in RSA 162-F:21, IV by posting such
notice in 2 appropriate public places where the nuclear electric generating
facility is located and publishing such notice in a newspaper of state-wide
circulation at least 2 weeks prior to each hearing.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
204.03 Intervention.
(a) Persons seeking to intervene in a proceeding
shall file motions with the committee, with copies served on all parties identified
in the committee’s notice of hearing at least 3 days before the first hearing
conducted pursuant to RSA 162-F:21.
(b) The committee shall grant a motion to
intervene if:
(1) The
motion states facts demonstrating that the movant's rights, duties, privileges,
immunities or other substantial interests may be affected by the proceeding or
that the movant qualifies as an intervenor under any provision of law; and
(2) The
committee determines that the interests of justice and the orderly and prompt
conduct of the proceedings would not be impaired by allowing the
intervention.
(c) The committee shall grant one or more motions
to intervene at any time upon determining that such intervention would be in
the interests of justice and would not impair the orderly and prompt conduct of
the hearings.
(d) The committee shall impose conditions upon
such intervenor’s participation in the proceedings, either at the time that
intervention is granted or at any subsequent time, including the following:
(1)
Limitation of such intervenor’s participation to designated issues in
which the intervenor has a particular interest demonstrated by the motion;
(2)
Limitation of such intervenor’s use of cross-examination and other procedures
so as to promote the orderly and prompt conduct of the proceedings; and
(3)
Requiring 2 or more such intervenor’s to combine their presentations of
evidence and argument, cross-examination and other participation in the
proceedings.
(e) Limitations imposed in accordance with
paragraph (d) shall not be so extensive as to prevent such a intervenor from
protecting the interest that formed the basis of the intervention.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
204.04 Motions.
(a) A motion may be filed at any time by a party
to a proceeding or by a person who has filed a motion to intervene which has
not been denied.
(b) All motions shall be filed in writing.
(c) A motion shall clearly and concisely state:
(1) The facts
and law that support the motion and the specific relief or ruling requested;
and
(2)
Certification that the party has made a good faith attempt to obtain the
concurrence of the other parties in the relief sought.
(d) Objections to a motion, except for motions
for rehearing, shall be in writing and filed within 10 days of the date on
which the motion is filed, unless otherwise ordered.
(e) Objections to a motion for rehearing pursuant
to RSA 541:3 shall be filed within 3 days of the date on which the motion for
rehearing is filed.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 204.05
Prehearing Conference.
(a) Pursuant to RSA 541-A:31,V (b), the committee
shall, upon motion of any party, or upon its own motion, schedule one or more
informal prehearing conferences prior to the beginning of the formal
proceedings in order to facilitate proceedings and encourage informal
disposition.
(b) The committee shall provide notice to all
parties prior to holding any prehearing conference.
(c) Prehearing conferences may include, but shall
not be limited to, consideration of one or more of the following:
(1)
Offers of settlement;
(2)
Simplification of the issues;
(3)
Stipulations or admissions as to issues of fact or proof;
(4)
Limitations on the number of witnesses;
(5)
Changes to standard procedures desired during the hearing, by consent of
the parties;
(6)
Procedural schedule;
(7)
Consolidation of examination of witnesses by the parties; and
(8) Any
other matters that will aid in the disposition of the proceeding.
(d) The committee shall issue and serve upon all
parties a prehearing order incorporating the matters determined at the
prehearing conference.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 204.06 Order of Procedure at Hearing. In hearings in an adjudicative proceeding,
the owner of the nuclear electric generating facility subject to
decommissioning shall be afforded the opportunity to open and close any part of
the presentation.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
204.07 Settlement and Stipulation of
Facts.
(a) As provided in RSA 541-A:31,V (a), unless
precluded by law, informal disposition may be made of any contested case by
stipulation, agreed settlement, consent order or default.
(b) The parties to any adjudicative proceeding before
the committee may, by stipulation in writing filed with the committee or
entered in the record at the hearing, agree upon the facts or any portion
thereof involved in the hearing.
(c) The committee shall consider the stipulation
as evidence in the decision of the matter.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 204.08
Evidence; Official Notice in Contested Cases.
(a) All testimony of parties and witnesses shall
be made under oath or affirmation.
(b) As provided in RSA 541-A:33, II, the rules of
evidence shall not apply in adjudicative proceedings before the committee.
(c) Any oral or documentary evidence may be
received, but the committee shall exclude irrelevant, immaterial or unduly
repetitious evidence.
(d) The committee shall give effect to the rules
of privilege recognized by law.
(e) Objections to evidence offered may be made
and shall be noted in the record.
(f) Any party shall be permitted to conduct cross-examination
required for a full and true disclosure of the facts.
(g) As provided in RSA 541-A:33,V, official
notice may be taken of any one or more of the following:
(1) Any
fact that could be judicially noticed in the courts of this state;
(2) The
record of other proceedings before the committee;
(3) Generally recognized technical or scientific
facts within the committee's specialized knowledge;
(4)
Codes, regulations, requirements, or standards that have been adopted by
an agency of the
(5) The
record of proceedings before the Nuclear Regulatory Commission or other federal
agencies, commissions, or boards, and publications of the
(h) The committee shall notify parties either
before or during the hearing, or by reference in preliminary notices or
otherwise, of the material given official notice.
(i) The committee shall afford parties an
opportunity to contest the material so noticed.
(j) The committee's experience, technical
competence and specialized knowledge shall be used in the evaluation of the
evidence pursuant to RSA 541-A:33, VI.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
204.09 Limiting Number of Witnesses. The committee shall limit the number of
witnesses or the time for testimony upon a particular issue in the course of
any hearing to avoid unnecessary cumulative evidence.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 204.10
Postponement of Hearing.
(a) A party requesting
postponement of a hearing shall file a request in writing at least 7 days prior
to the date of hearing.
(b) The party
requesting postponement shall make a good faith attempt to seek the concurrence
of the other parties to the request.
(c) The committee shall grant a request for
postponement of a hearing if it finds that to do so would promote the orderly
and efficient conduct of the proceeding.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 204.11 Recess
and Adjournment.
(a) The committee shall
recess, adjourn or continue any hearing if to do so will promote the orderly
and efficient conduct of the proceeding.
(b) The committee
shall give notice of a continued session to those parties present at the
hearing, and shall not be required to issue public notice.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
204.12 Briefs.
(a) Upon the request
of a party or on its own motion, the committee shall allow parties to submit
briefs at any point in an adjudicative proceeding if the committee determines
that such briefing would assist the committee in its determination of the
issues presented.
(b) The committee
shall set any briefing deadline or deadlines so as to permit the parties
adequate time to draft their briefs and without causing undue delay in the conclusion
of the proceeding.
(c) The committee
shall establish a briefing schedule that allows one or more parties to submit
briefs in rebuttal or reply to the brief or briefs of one or more other parties
when such a sequential schedule is necessary to assure due process, fairness or
full discussion of the issues presented.
(d) The committee
shall establish a page limit for briefs when it determines that such a limit
would promote the efficient resolution of issues without adversely affecting
the rights of any party.
(e) The committee shall encourage joint filing of
briefs when there is more than one party advocating the same result and the
same arguments and individual briefs would be duplicative.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A
eff 4-25-08
Dec
204.13 Quorum.
(a)
Five members of the committee shall
constitute a quorum for the purpose of holding and conducting a hearing.
(b)
If a quorum of 5 members of the committee is lacking, then 4 members of
the committee shall constitute a quorum for the purpose of holding and
conducting the hearing, provided that a decision of the committee shall be made
by a quorum of the committee after a review of the transcript and exhibits
presented at the hearing by the committee members who did not attend the
hearing.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec 204.14 Burden
of Proof. Unless otherwise specified
by law, the party seeking relief through a petition, application, motion or
complaint shall bear the burden of proving the truth of any factual proposition
by a preponderance of the evidence.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
Dec
204.15 Motion for Rehearing.
(a) The rules in this section are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the committee prior to appealing
the decision.
(b) The rules in this section shall apply
whenever any person has a right under applicable law to request a rehearing of
a decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
(c) A motion for rehearing shall be filed within
30 days of the date of a committee decision or order.
(d) A motion for rehearing shall:
(1) Identify
each error of fact, error of reasoning, or error of law which the moving party
wishes to have reconsidered;
(2) Describe
how each error causes the committee’s decision to be unlawful, unjust or
unreasonable, illegal in respect to jurisdiction, authority or observance of
the law, an abuse of discretion or arbitrary, unreasonable or capricious;
(3) State
concisely the factual findings, reasoning or legal conclusion proposed by the
moving party; and
(4) Include any
argument or memorandum of law the moving party wishes to file.
(e) A motion for rehearing in a case subject to
appeal under RSA 541 shall be granted if it demonstrates that the committee’s
decision is unlawful, unjust or unreasonable.
(f) A motion for rehearing in a case subject to
appeal by petition for writ of certiorari shall be granted if it demonstrates
that the committee’s decision is illegal in respect to jurisdiction, authority
or observance of law, an abuse of discretion or arbitrary, unreasonable or
capricious.
(g) The committee shall grant or deny a motion
for rehearing, or suspend the order or decision pending further consideration
within 10 days of the filing of the motion for rehearing.
Source. #9144-A
eff 4-25-08
Dec 204.16. Retention
of Records. The committee shall keep
a decision on file in its records for at least 50 years following the date of
the final decision or the date of the decision on any appeal, unless the
director of the division of records management and archives of the department of
state sets a different retention period pursuant to rules adopted under RSA
5:40.
Source. #9144-A
eff 4-25-08
PART Dec 205 DECLARATORY RULINGS
Part Dec 205.01 Declaratory
Rulings.
(a) A person seeking
a declaratory ruling on any matter within the jurisdiction of the committee
shall request such ruling by filing a written petition.
(b) Such a petition
shall be verified under oath or affirmation by an authorized representative of
the petitioner with knowledge of the relevant facts.
(c) The committee
shall dismiss a petition for declaratory ruling that:
(1) Fails
to set forth factual allegations that are definite and concrete;
(2)
Involves a hypothetical situation or otherwise seeks advice as to how
the committee would decide a future case; or
(3) Does
not implicate the legal rights or responsibilities of the petitioner.
(d) Except for a
petition dismissed pursuant to subsection (c), the committee shall conduct an
adjudicative proceeding on a petition for declaratory ruling in accordance with
Dec 203.
Source. #4235, eff 2-20-87, EXPIRED: 2-20-93
New. #5700, INTERIM, eff 9-17-93, EXPIRED: 1-15-94
New. #5824, eff 8-30-94, EXPIRED: 8-30-00
New. #7366, INTERIM, eff 9-18-00, EXPIRED: 3-17-01
New. #9144-A eff 4-25-08
PART Dec 206
REQUESTS FOR RULEMAKING
Part Dec 206.01 Requests
for Rulemaking.
(a) Requests from interested
persons requesting adoption, amendment or repeal of a rule shall be received
and disposed of in the following manner.
(b) Requests shall be in writing and submitted to
the committee by letter addressed to the chairman.
(c) Requests shall contain
the following:
(1) The
date of the request;
(2) The
name, address and telephone number of the person making the request; and
(3) Name
and address of any other person or organization represented by the person
making the request.
(d) The person
making the request shall sign the request.
(e) The request
shall be typed or printed in a legible fashion.
(f) The person
making the request shall cite the rule and its provisions and specify any
changes desired if repeal or amendment is sought, and shall provide the text or
approximate text of the proposed rule if promulgation is sought.
(g) The person
making the request shall include a detailed and complete statement of the
reasons offered by such person in support of the requested action.
(h) If the committee
determines that any rulemaking petition is deficient in any respect, the
committee shall, within 10 working days of receipt of said petition, notify the
person making the request, in writing, of the specific deficiencies and allow
such person to amend the petition.
Source. #9144-A
eff 4-25-08
Dec 206.02 Disposition of Petition for Rulemaking.
(a) The committee shall
consider all petitions for rulemaking and proceed pursuant to RSA 541-A-4.
(b) The committee shall grant the petition if the
petition is consistent with statute and case law and will assist the committee
with its statutory duties.
Source. #9144-A
eff 4-25-08
PART Dec 207 EXPLANATION OF PROPOSED RULE
Dec
207.01 Explanation of Proposed Rule.
(a) If requested by an interested person at any
time before 30 days after final adoption of a rule, the committee shall issue a
written explanation of the rule pursuant to RSA 541-A:11, VII.
(b) An explanation issued pursuant to this
section shall include:
(1) A concise
statement of the principal reasons for and against the adoption of the rule in
its final form; and
(2) An
explanation of why the committee overruled the arguments and considerations
against the rule.
Source. #9144-B eff 4-25-08
APPENDIX
|
Rule |
Statute |
|
|
|
|
Dec
101.01-104.03 |
RSA
162-F:15-a; 541-A:16, I (a) |
|
|
|
|
Dec 201.01-02 |
RSA 162-F:15-a;
541-A:16,I(b); 541-A:30-a, III |
|
Dec 201.03 |
RSA 162-F:15-a;
541-A:30-a, III (b) |
|
Dec 201.04 |
RSA 162-F:15-a;
541-A:30-a, III (j) |
|
Dec 201.05 |
RSA 162-F:15-a;
541-A:30-a, III (k) |
|
Dec 202.01-202.06 |
RSA 162-F:15-a;
541-A:30-a, III (a) |
|
Dec 203.01-203.02 |
RSA 162-F:15-a;
541-A:30-a, I |
|
Dec 203.03 |
RSA 162-F:15-a;
541-A:30-a, III (f) |
|
Dec 203.04-203.08 |
RSA 162-F:15-a;
541-A:30-a, I |
|
Dec 203.09 |
RSA 162-F:15-a;
541-A:30-a, III (i) |
|
Dec 203.10-203.13 |
RSA 162-F:15-a;
541-A:30-a, I |
|
Dec 204.01-204.02 |
RSA 162-F:15-a;
541-A:30-a, I |
|
Dec 204.03 |
RSA 162-F:15-a;
541-A:32 |
|
Dec 204.04 |
RSA 162-F:15-a;
541-A:30-a, I |
|
Dec 204.05 |
RSA 162-F:15-a;
541-A:30-a, III (c) (d) |
|
Dec 204.06-14 |
RSA 162-F:15-a;
541-A:30-a, I |
|
Dec 204.15 |
RSA 162-F:15-a;
541-A:30-a, III (d) (e) |
|
Dec 205.01 |
RSA 162-F:15-a;
541-A:30-a, III |
|
Dec 205.02 and 205.03 |
RSA 162-F:15-a;
541-A:16, I (c) |
|
Dec 205.04 |
RSA 162-F:15-a;
541-A:16, I (d) |
|
Dec 207 |
RSA 541-A:11,VII |