Notice of MA Energy Facilities Siting Board Proposed Action by Consent
MEMORANDUM
To: William F. Galvin, Secretary of State Commonwealth of Massachusetts Matthew Gorzkowicz, Secretary, Massachusetts Executive Office of Administration and Finance
From: Joan Foster Evans, Esq., General Counsel, MA Energy Facilities Siting Board
Date: September 3, 2024
NOTICE
The Massachusetts Energy Facilities Siting Board (“Siting Board”) hereby provides notice of a proposed Action by Consent. The Action by Consent corrects an omission in Condition S of the Siting Board’s Final Decision in Park City Wind LLC, EFSB 20-01/D.P.U. 20-56/20-57 (December 15, 2023) (“Final Decision”). Condition S requires Park City Wind LLC to provide certain compliance filings that “demonstrat[e] that the Onshore Substation’s actual noise profile is consistent with the modeled results it has presenting in this proceeding.” Final Decision at 154. Condition S in the Final Decision references equipment in Exhibit VW-7, at 7-12, Table 7-3. The Siting Board intended for Condition S to apply to all noise producing equipment at the proposed Substation, including additional equipment listed in Exhibit VW-7, at 7-13, Table 7-4. This Action by Consent corrects that omission, and adds reference to equipment at Exhibit VW-7, at 7-13, Table 7-4 to Condition S. The Action by Consent is taken pursuant to 980 CMR 2.07, which provides the Siting Board with the authority to render a decision, other than a final decision in an adjudicatory proceeding, by Action by Consent, when the Board determines that expeditious action is necessary. The EFSB 20-01/D.P.U. 20-56/20-57 Page 2 FAX: (617) 345-9101 TTY: (800) 323-3298 www.mass.gov/dpu Action by Consent requires the unanimous written consent of all members of the Siting Board to become effective. The Action by Consent shall become void if not signed by all members of the Siting Board prior to the next meeting of the Board. 980 CMR 2.07(3).
As required by the Siting Board’s regulations, a copy of this Notice shall be filed with the Secretary of State and the Executive Office for Administration and Finance at least 48 hours prior to circulation of the Action by Consent to the Siting Board members for their signature.
A full text of the proposed Action by Consent may be obtained by requesting a copy from the offices of the Energy Facilities Siting Board, One South Station, Boston, MA 02110. To request a copy, or for additional information, please contact Joan Foster Evans, Esq., at joan.evans@mass.gov.
Final Decision
The Siting Board issued its Final Decision in this proceeding on December 15, 2023. The full Decision can be found by clicking here.
Decision Contents
- Full Decision
- Executive Summary
- Project Need Info
- Project Alternatives/Technology Used Info
- Route Selection Info
- Environmental Impacts Info (Offshore and Landfall)
- Environmental Impacts Info (Onshore Cables)
- Environmental Impacts Info (Onshore Substation)
- Construction Information
- Zoning Exemptions Requested
- Commonwealth Policy Info
- Action by Consent (Correction to Condition S)
Tentative Decision and Board Meeting
The Siting Board conducted conduct a Board Meeting in-person and on Zoom, Monday, December 11, 2023.
In-person meeting location: 100 Cambridge Street, Boston, 02114, 2nd floor Conference Rooms B & C.
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 a Tentative Decision issued by the Siting Board regarding this Project.
Tentative Decision
The Tentative Decision is available at the following link: https://mass.gov/doc/efsb-pcw-tentative-decision/download. Suggested amendments to the text in the Tentative Decision by Siting Board staff are available at: https://www.mass.gov/doc/pcw-td-amendment-sheet/download.
Public Access and Opportunity for Public Comment
Comments will be allowed during the meeting at the direction and discretion of the Siting Board Chair. To provide brief oral comments at the Siting Board meeting (in person or on Zoom), please send an email to Yonathan.Mengesha@mass.gov with your name, email address, and mailing address by noon on Friday, December 8, 2023. To provide comments by telephone, please leave a voicemail message referencing “EFSB 20-01” at (617) 305-3544 with your name, telephone number, and mailing address by this date. Comments will be limited to three minutes per speaker, as meeting time permits.
Members of the public wishing to submit written comments on the Tentative Decision should do so by the close of business Wednesday, December 6, 2023. Please file comments by email at dpu.efiling@mass.gov and robert.j.shea@mass.gov.
The agenda related to this meeting available at: Agenda.
Important Dates
The latest full procedural schedule for this proceeding can be accessed at the following link: https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/13386181.
May 28, 2020: Company Files Petitions with Siting Board
October 20, 2020: Siting Board Held Public Comment Hearing
February 26, 2021: Siting Board Issued First Round of Discovery Questions
March 19, 2021: Company Files DEIR Containing Supplemental Project Information with MEPA
April 23, 2021: Siting Board Issued Second Round of Discovery Questions
April 30, 2021: Intervenors Issued Discovery Questions
June 4, 2021: Intervenors Filed Written Pre-Filed Direct Testimony
July 16, 2021 to August 6, 2021: Siting Board Initial Remote Evidentiary Hearing
June 1 and June 3, 2022: Siting Board Resumes Remote Evidentiary Hearing
March 4, 2022: Company Reaches Settlement Transmission Support Agreement with Eversource
June 1, 2022: Siting Board Continues Remote Evidentiary Hearings
July 1, 2022: Deadline for Initial Briefs
July 15, 2022: Deadline for Reply Briefs
November 22, 2023: Tentative Decision Issued
December 5, 2023: Parties Comments Due on Tentative Decision
December 6, 2023: Public Comments Due on Tentative Decision
December 11, 2023: Board Meeting at 9.30 a.m.
Initial Petition and Application
Park City Wind’s three petitions relating to the Project have been consolidated for hearing before the Siting Board under docket number EFSB 20-01/D.P.U. 20-56/20-57.
Under G.L. c. 164, § 69J, the Siting Board will review Park City Wind’s 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, serves the public convenience, and is consistent with the public interest.
Under G.L. c. 40A, § 3, the Siting Board will determine whether the requested zoning exemptions in Barnstable are required for the Project and whether the present or proposed use of the land or structures is reasonably necessary for the convenience or welfare of the public.
Please visit the link below to learn more.
Project Information
The purpose of the Project is to connect offshore wind generation facilities in federal waters proposed by Park City Wind to the regional electric grid in New England. The Siting Board will review the onshore portion of the proposed transmission line, the New Onshore Substation, and the portion of the proposed offshore transmission line located in Massachusetts waters. The Siting Board does not have jurisdiction over portions of the project that are located in federal waters, including the wind turbine array, related equipment, and a section of the transmission line.
All documents related filed in relation to a proceeding are posted to the DPU File room. The File room page for a proceeding represents the official record for that proceeding.
Figure 1. Offshore and Onshore Routes
A larger version of this figure is available at the following link: https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/12183564#page=8.
Figure 2: Onshore Routes, Landfall to New Onshore Substation
A larger version of this figure is available at the following link:
https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/12183564#page=8
Figure 3: Onshore Route, New Onshore Substation to West Barnstable Substation
A larger version of this figure is available at the following link:
https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/12183564#page=10
The public can access the File room page for this proceeding by clicking here.
Public Comment Hearing
The Siting Board conducted a remote public comment hearing regarding the Project on October 20, 2020. A copy of the full notice can be accessed at the following links: English | Portuguese.
Evidentiary Hearings
Siting Board staff conducted evidentiary hearings for the Project using Zoom videoconferencing from July 16, 2021 to August 6, 2021, as well as June 1, 2022 and June 3, 2022.
Video recordings of the hearings can be accessed at the DPU YouTube channel by clicking here.
Language Services/Accomodations
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. Last minute requests will be accepted, but we may be unable to fulfill the request. Please send your requests to: Gabriella Knight, ADA and Diversity Manager at the Executive Office of Energy and Environmental Affairs at Gabriella.Knight@mass.gov.
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 Robert Shea (contact information provided below).
Contact
Any person desiring further information regarding this proceeding, including information regarding intervention or participation in the adjudicatory proceeding, may contact the Presiding Officer at the following telephone number or email address:
Robert J. Shea, Presiding Officer
Energy Facilities Siting Board
One South Station
Boston, MA 02110
(617)851-4246
robert.j.shea@mass.gov