Order
The Department issued its order in this proceeding on June 30, 2023. The order can be found at the following link: https://www.mass.gov/media/2611591/download.
Procedural Notice
In reviewing the Zoning Petition to date, the Siting Board has applied Department and Siting Board standards in a consistent manner, as required by G.L. c. 164, § 69H(2). The Siting Board provided notice of the Project and conducted two public comment hearings, on November 8, 2021, and July 12, 2022. The Siting Board issued a ruling on intervention on May 6, 2021, and issued a supplemental ruling on intervention on August 22, 2022. On May 10, 2023, pursuant to G.L. c. 164, § 69J⅟4, the Siting Board voted to dismiss for lack of subject matter jurisdiction the Company’s Siting Petition. https://www.mass.gov/media/2591631/download. The Siting Board relinquished its jurisdiction over the Company’s Zoning Petition and returned the review of the matter to the Department.
Department Proceeding in D.P.U. 22-59
The Department will treat all existing intervenors and limited participants in EFSB 21-02/D.P.U. 22-59 as intervenors and limited participants, respectively, in the Department’s continuing review of D.P.U. 22-59.
The Department hereby incorporates the full administrative record of EFSB 21-02/D.P.U. 22-59, including all filings, rulings, responses to discovery, comments, transcripts, and briefs, into the docket for D.P.U. 22-59. The deadline to file any objections to moving the identified exhibits from EFSB 21-02/D.P.U. 22-59 into evidence in this proceeding is May 19, 2023.
Further, parties and limited participants have the opportunity to file supplemental briefing in the Department docket. Supplemental briefs are due May 26, 2023.
A copy of the full notice can be accessed at the following link: https://www.mass.gov/media/2591881/download.
Important Dates
This section will be updated when the EFSB develops a procedural schedule for this proceeding. The latest procedural schedule is available at: https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/15418057.
August 27, 2021: Company Files Petition with Siting Board
November 28, 2021: Siting Board Conducts First Public Comment Hearing
May 11, 2022: Company Files Zoning Petition with Siting Board
July 12, 2022: Siting Board Conducts Second Public Comment Hearing
October 26, 2022: Siting Board Begins Evidentiary Hearings
October 31, 2022: Siting Board Concludes Evidentiary Hearings
November 8, 2022: Deadline for Record Requests
November 22, 2022: Deadline for Initial Briefs
December 13, 2022: Deadline for Reply Briefs
April 26, 2023: Siting Board Issues Tentative Decision
May 10, 2023: Siting Board Conducts Meeting
May 11, 2023: Siting Board Issues Final Decision/Returns Zoning Petition to Department
May 19, 2023: Deadline to Object to Moving Evidence Into Zoning Proceeding
May 26, 2023: Deadline for Supplemental Briefs
EFSB Meeting
The Energy Facilities Siting Board (“Siting Board”) conducted a remote Siting Board meeting on Wednesday, May 10, 2023, at 10:00 a.m. The purpose of the Siting Board meeting is to listen to comments, deliberate and vote on whether to approve, approve with conditions or amendments, or reject the two Tentative Decisions issued by the Siting Board in the above referenced cases: EFSB 21-02/D.P.U. 22-59, Cranberry Point Energy Storage LLC (“Cranberry Point”) and EFSB 22-02/D.P.U. 22-18/22-19, Medway Grid, LLC (“Medway Grid”). The Tentative Decisions in Cranberry Point and Medway Grid are limited in focus to a single common legal issue: whether the Siting Board has the statutory authority to approve or reject Battery Energy Storage Systems (“BESS”) pursuant to G.L. c. 164, § 69J⅟4, which pertains to the Siting Board’s “generating facility” approval authority. The Tentative Decision is available at the following link: https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/17367886. The Siting Board issued its final decision in this proceeding on May 11, 2023. The Final Decision can be found at the following link: https://www.mass.gov/files/documents/2023/05/11/EFSB%2021-02%20Final%20Decision.5%2011%2023.pdf.
A recording of the Siting Board meeting will be posted to the Department’s YouTube channel after the meeting at https://www.youtube.com/channel/UCklPj6xxSKww-Kr26lEZVTA/videos. The transcript of the meeting will also be posted to the DPU Fileroom at the following link after the meeting: https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber/EFSB22-02.
A copy of the full notice can be accessed at the following links: English | Spanish | Portuguese | Chinese | Haitian Creole | Vietnamese.
The agenda for this meeting is available at: https://www.mass.gov/doc/may-10-2023-efsb-meeting-agenda/download.
Evidentiary Hearings
The Siting Board conducted evidentiary hearings for the Project using Zoom videoconferencing beginning on Wednesday, October 26, 2022 to Tuesday, November 1, 2022. Video recordings of the hearings can be accessed at the DPU YouTube channel: https://www.youtube.com/channel/UCklPj6xxSKww-Kr26lEZVTA/videos.
Public Comment Hearing
The Siting Board conducted a second remote public comment hearing regarding the Project using Zoom videoconferencing on Tuesday, July 12, 2022.
A recording of the public comment hearing was posted to the Department’s YouTube channel after the public comment hearing at https://www.youtube.com/watch?v=zDIUqblACGM. The transcript is available at: https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/15237905.
A copy of the full notice can be accessed at the following link: https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/15065002.
Written Comments
The Siting Board will accept written comments on the Project. Written comments will be most useful to the Siting Board if submitted by Tuesday, July 26, 2022.
Participation in Proceedings
Persons or groups who wish to be involved in the Siting Board proceeding beyond providing comments at the public comment hearing or submitting written comments may seek either to intervene as a party or to participate as a limited participant. A petition to intervene or participate must be filed with the Siting Board in electronic format, by email or email attachment, to dpu.efiling@mass.gov and to andre.gibeau@mass.gov no later than the close of business (5:00 p.m.) on Tuesday, July 26, 2022.
For those individuals and groups that are “substantially and specifically” affected by energy proposals, and wish to participate actively in the proceeding, please visit the link below to learn more.
File a petition to intervene in an EFSB or DPU Siting case | Mass.gov
Project Information
Cranberry Point proposes to construct a 150 MW/300 MWh battery energy storage system with adjacent electrical equipment to be located at 31R Main Street in Carver. The proposed six-acre Project Site consists of undeveloped land located south of NSTAR Electric Company d/b/a Eversource Energy’s (“Eversource”) existing Carver Substation, east of an existing electrical right-of-way, north and west of cranberry bogs. The Project would use lithium-ion batteries located inside above-ground self-contained enclosures; the dimensions of a single enclosure would be approximately 23.5 feet long, 5.4 feet wide, and 8.3 feet tall. Cranberry Point would initially install approximately 116 enclosures, with space open at the end of each enclosure to accommodate additional battery units in the future as the initial set of batteries lose capacity over time. Pairs of battery enclosures would connect to step-up transformers, which in turn connect to a new Project substation. The Project substation would include a single transformer, circuit breakers, and a cable riser structure.
Eversource would construct a new switching station on the western portion of the six-acre parcel; the switching station is necessary for the Project to interconnect with the electric transmission system. Major equipment in the switching station would include three circuit breakers. Eversource would also install two new transmission structures in its right-of-way near the Carver Substation.
The Company proposes two routes to access the battery enclosures. Cranberry Point would improve the existing approximately 530-foot-long gravel access driveway from Main Street to the Project Site to a width of 20 feet and extend it farther south on the east side of the Project Site to allow for emergency vehicle access. The Project Site would also have an additional access point on the northwest corner. A map and rendering of the Project Site are included at the end of this Notice.
The Project would absorb electrical energy during off-peak hours, store the energy, and then release electrical energy onto the electric grid during times of peak demand. The Company states that the Project would improve the reliability and efficiency of the electric grid by storing electrical energy generated during off-peak periods, when there is a surplus of low-cost energy available, and dispatching the electrical energy into the grid during peak periods. A figure showing the layout of the Project is provided in the below links.
Project Filing with EFSB
The Companies filed two related petitions with the Siting Board and Department, which have been consolidated into one proceeding. The petition to construct the Project includes the following information: (1) a description of the Project; (2) an analysis of the need for the Project; (3) a description of the alternatives to the Project; and (4) a description of the environmental impacts of the Project.
- Company’s Initial 69J¼ Petition
- Company’s Chapter 40A Petition
- Company’s Attachments to Support 69J¼ Petition:
- Company’s Supporting Exhibit List:
- Exhibit CP-1 – 2018 Town of Carver Annual Town Meeting Warrant
- Exhibit CP-2 – 2018 Town of Carver Annual Town Meeting Minutes
- Exhibit CP-3 – Town of Carver Permitting Department Site Plan Review and Special Permit
- Exhibit CP-4 – June 22, 2021 Town of Carver Planning Board Meeting Minutes
- Exhibit CP-5 – February 2019 Carver Conservation Commission Order of Conditions
- Exhibit CP-6 – December 2, 2020 Carver Conservation Commission Meeting Minutes
- Exhibit CP-7 – Expanded ENF
- Exhibit CP-8 – Wetland Delineation Report
- Exhibit CP-9 – Stormwater Report
- Exhibit CP-10 – Acoustic Assessment
- Exhibit CP-11 – Draft Emergency Response Plan
- Exhibit CP-12 – Project Notification Form
- Exhibit CP-13 – Massachusetts Historical Commission Response Letter
All documents related filed in relation to a proceeding are posted to the DPU Fileroom. The Fileroom page for a proceeding represents the official record for that proceeding. The public can access the Fileroom page for this proceeding at the following link:
Accommodation Requests
The EFSB has standardized procedures for requesting special accommodations in a proceeding. Reasonable accommodations for people with disabilities are available upon request. Include a complete description of the accommodation you will need and a way we can contact you if we need more information. Please provide as much advance notice as possible. Please allow at least two weeks (14 days) advance notice. Last minute requests will be accepted, but we may be unable to fulfill the request. Please send your requests to: Melixza G. Esenyie, ADA and Diversity Manager at the Executive Office of Energy and Environmental Affairs at Melixza.Esenyie2@mass.gov or call 617-626-1282.
Interpretation services for those with limited English language proficiency are available upon request. Include in your request the language required, and a way to contact you if the Presiding Officer needs more information. Please provide as much advance notice as possible. Last minute requests may not be able to be accommodated. Contact the Presiding Officer (contact information below).
Siting Board Statues and Regulations
The Company’s two petitions have been consolidated for hearing before the Siting Board under docket number EFSB 21-02/D.P.U. 22-59. Under G.L. c. 164, § 69J, the Siting Board will review the Companies’ filing to determine whether the Project would provide a reliable energy supply for the Commonwealth with a minimum impact on the environment at the lowest possible cost. Under G.L. c. 164 § 72, the Siting Board will determine whether the proposed Project is necessary for the purposes stated, serves the public convenience, and is consistent with the public interest. Under G.L. c. 40A, §3, the Siting Board will review the Zoning Petition to determine whether the zoning exemption is required for the Project, and if the proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public.
Please visit the link below to learn more.
Energy facility siting laws and regulations | Mass.gov
Contact
Donna Sharkey, Presiding Officer
Energy Facilities Siting Board
One South Station
Boston, MA 02110
Useful Information
Energy facility siting laws and regulations listing
Energy Facilities Siting Board Handbook (updated 2019) | Guía para fijar la ubicación de instalaciones energéticas (2019)