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/2611596/download.
In reviewing the Zoning Petition and Section 72 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 a public comment hearing July 13, 2022. The Siting Board issued a ruling on intervention on October 20, 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/2591646/download. The Siting Board relinquished its jurisdiction over the Company’s Zoning Petition and Section 72 Petition and returned the review of the matter to the Department.
Department Proceeding in D.P.U. 22-18/22-19
Based on the common questions of fact, the Department hereby consolidates D.P.U. 22-18 and D.P.U. 22-19 into one proceeding. 220 CMR 1.09.
The Department will treat all existing intervenors and limited participants in EFSB 22-02/D.P.U. 22-18/22-19 as intervenors and limited participants, respectively, in the Department’s continuing review of D.P.U. 22-18/22-19.
The Department hereby incorporates the full administrative record of EFSB 22-02/D.P.U. 22-18/22-19, including all filings, rulings, responses to discovery, comments, transcripts, and briefs, into the docket for D.P.U. 22-18/22-19. The deadline to file any objections to moving the identified exhibits from EFSB 22-02/D.P.U. 22-18/22-19 into evidence in this proceeding is May 19, 2023.
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/2591886/download.
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/16942627.
July 13, 2022: Siting Board held Public Comment Hearing
July 27, 2022: Deadline to Petition to be Intervenor or Limited Participant/Deadline for Written Comments
February 9, 2023: Siting Board Began Evidentiary Hearings
February 21, 2023: Deadline to File Record Requests
March 17, 2023: Deadline to File Initial Briefs
March 31, 2023: Deadline to File Final 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
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://www.mass.gov/doc/medway-grid-tentative-decision/download. The Siting Board issued its final decision in this proceeding on May 11, 2022. The Final Decision can be found at the following link: https://www.mass.gov/files/documents/2023/05/11/EFSB%2022-02%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.
The agenda for this meeting is available at: https://www.mass.gov/doc/may-10-2023-efsb-meeting-agenda/download.
Siting Board staff conducted evidentiary hearings for the Project using Zoom videoconferencing from February 9, 2023 to February 13, 2023.
Video recordings of the hearings can be accessed at the DPU YouTube channel: https://www.youtube.com/channel/UCklPj6xxSKww-Kr26lEZVTA.
Public Comment Hearing
The Siting Board conducted a remote public comment hearing regarding the Project at 7:00 p.m., on Wednesday, July 13, 2022. A copy of the full notice can be accessed at the following link: https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/15091206
A recording of the public comment hearing was posted to the Department’s YouTube channel after the hearing concluded: https://www.youtube.com/watch?v=8gid7PILV0M.
The Siting Board accepts written comments on the Project. Written comments will be most useful to the Siting Board if submitted by Wednesday, July 27, 2022.
Participation in Proceedings
Persons or groups who wish to be involved in the Siting Board’s 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 in two places (see Filing Instructions below) no later than the close of business (5:00 p.m.) on Wednesday, July 27, 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.
Written comments on the Company’s Project and petitions to intervene or participate must be filed in two places:
First, the comments or petition must be filed with the Siting Board in electronic format, by email or email attachment, to firstname.lastname@example.org and to email@example.com. The text of the email must specify: (1) the docket number of the proceeding (EFSB 22-02/D.P.U. 22-18/ 22-19); (2) the name of the person or entity submitting the filing; and (3) a brief description of the document. The electronic filing should also include the name, title, and telephone number of a person to contact in the event of questions about the filing.
Second, all comments and petitions must be sent electronically to counsel for Medway Grid, Andrew O. Kaplan, Esq., Pierce Atwood at firstname.lastname@example.org, cc’d to Anne O’Hanlon at email@example.com.
Medway Grid proposes to construct a 250 MW/500 MWh battery energy storage system and a new electric substation (“Project Substation”), to be located on the south side of Milford Street (Route 109) in the Town of Medway (“Project Site”). The Project is designed to use lithium-ion batteries, which will be housed in approximately 140 above-ground enclosures on an approximately 10.6-acre lot. Approximately 0.85 acres of the lot consists of previously developed areas associated with three existing residences and an existing automotive repair facility. Of the 10.6-acre Project Site, approximately 5.2 acres will be developed for the BESS and the Project Substation.
The BESS will be bounded by a combination of a minimum 8-foot-high security fence in certain sections and a 22-foot-high sound attenuation barrier wall. The sound attenuation barrier is approximately 1,280 feet in length, located along the north and east sides of the BESS. Access gates will be locked at all times and only accessible by authorized personnel.
The function of the Project Substation is to take the power output from the BESS to a 34.5 kV collection switchgear and step it up to a transmission voltage of 345 kV, to allow the power from the BESS to be connected to the existing Eversource West Medway Substation via a proposed 1,325-foot transmission interconnection. The proposed transmission interconnection will run underground south and west from the Project Site, crossing two Eversource-controlled parcels to connect to the Eversource substation. The proposed underground transmission line will require the clearing of vegetation up to 25-feet-wide along its 1,325-foot corridor. An approximately 12-foot-wide gravel roadway will be installed over the underground transmission line within this 25-foot-wide corridor to provide permanent access to the transmission interconnection.
The Project Site is currently zoned as a Residential/Agricultural district (AR-II district), which does not allow a BESS to be constructed as of right. Moreover, the Project involves construction of a Project Substation that will contain components which exceed the height limits of the AR-II district. Per the Town’s by-laws, no variances or Special Permits are allowed. The Company has therefore requested Siting Board approval of individual and comprehensive zoning exemptions from the Town’s Zoning Bylaws.
The Project was awarded a capacity supply contract from the Independent System Operator-New England based upon its ability to provide needed capacity in the Southeastern New England capacity zone by June 1, 2024, at the most competitive price. The Project will re-charge the batteries from power supplied by the electric grid during periods of ample system supply, and dispatch electric power back onto the electric grid during times of peak demand.
Siting Board Jurisdiction
The Company filed the Siting Board petition (EFSB 22-02) pursuant to G.L. c. 164, § 69J¼, seeking permission to construct a 250 megawatt (MW), 500-megawatt hour (MWh) standalone battery energy storage system (“BESS”), including a new electric substation, on approximately 10.6 acres of land comprised of multiple adjacent parcels of land on the south side of Route 109, including a parcel at 49 Milford Street, Medway, Massachusetts (the “Project”). Under G.L. c. 164, § 69J⅟4, the Siting Board will review the Company’s filing to determine whether the proposed Project would contribute to a reliable energy supply with a minimum impact on the environment at the lowest possible cost. The Company filed two petitions with the Department. D.P.U. 22-18 was filed pursuant to G.L. c. 40A, §3 (“Zoning Petition”), which requests various individual exemptions as well as a comprehensive exemption for the Project from the Town of Medway Zoning Bylaws which the Company says are necessary in order to construct the Project. The Siting Board will review the Zoning Petition to determine whether the zoning exemptions sought are required for the Project and whether the proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. D.P.U. 22-19 was filed pursuant to G.L. c. 164, § 72, seeking permission to construct an approximately 1,325 foot underground 345 kilovolt electric transmission line that would connect the BESS with NSTAR Electric Company d/b/a Eversource Energy (“Eversource”) existing West Medway Substation (“Section 72 Petition”). The Siting Board will review the Section 72 Petition to determine whether it would serve the public convenience and would be consistent with the public interest. The Siting Board will review all three petitions in once proceeding.
Project Filing with EFSB
The Company filed three related petitions with the Department, which have been consolidated into one proceeding. The petitions for the Project include 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 impact of the Project.
- Company’s Section 72 Petition
- Company’s Chapter 40A Petition
- Company’s Section 69J¼ Petition
- Company’s Attachments to Support 69J¼ Petition:
- Attachment C – Sound Level Assessment
- Attachment D - Expanded Environmental Notification Form
- Attachment E - Report on Electric and Magnetic Fields
- Attachment F1 – Massachusetts Historical Commission Correspondence Part 1
- Attachment F2 – Massachusetts Historical Commission Correspondence Part 2
- Attachment F3 – Massachusetts Historical Commission Correspondence Part 3
- Attachment F4 – Massachusetts Historical Commission Correspondence Part 4
- Attachment F5 – Massachusetts Historical Commission Correspondence Part 5
- Attachment G – Draft Emergency Response Order
- Company’s Supporting Exhibit List:
- Exhibit MG-CW-1 - Prefiled Testimony of Christina M. Wolf
- Exhibit MG-JA-1 - Prefiled Testimony of Justin Adams
- Exhibit MG-MB-1 - Prefiled Testimony of Marc Bergeron
- Exhibit MG-AJJ-1 - Prefiled Testimony of AJ Jablonowski
- Exhibit MG-RO-1 - Prefiled Testimony of Robert D. O’Neal
- Exhibit MG-BC-1 - Prefiled Testimony of Benjamin R.T. Cotts
- Exhibit MG-JK-1 - Prefiled Testimony of Jason Knedlhans
- Companies Motion to Consolidate Petitions
All documents filed in relation to a proceeding are posted to the DPU Fileroom The Fileroom page for a proceeding constitutes the official record for that proceeding. The public can access the Fileroom page for this proceeding at the following link:
The EFSB has 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. We may not be able to accommodate last minute requests. Contact the Presiding Officer (contact information below).
Any person desiring further information regarding this Notice, including information regarding intervention or participation in the proceeding, may contact the Presiding Officer:
Robert J. Shea, Presiding Officer
Energy Facilities Siting Board
One South Station
Boston, MA 02110
Energy Facilities Siting Board Handbook (updated 2019) | Guía para fijar la ubicación de instalaciones energéticas (2019)