Section 69G. As used in section sixty-nine H to sixty-nine R, inclusive, the following words and terms shall have the following meanings:—
''Applicant'', a person or persons who submits to the department or board a long-range plan, a petition to construct a facility, a petition for a certificate of environmental impact and public need, or a notice of intent to construct an oil facility, or any application, petition, or matter referred by the chairman of the department to the board pursuant to section sixty-nine H.
''Board'', the energy facilities siting board established under the provisions of section sixty-nine H.
''Certificate'', a certificate of environmental impact and public interest, as provided for in sections 69K and 69K.5.
''Construction'', any placement, assembly, or installation of facilities or equipment, which in the case of an oil facility must be valued in excess of five million dollars, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises.
''Department'', the department of telecommunications and energy as established under the provisions of section two of chapter twenty-five.
''Electric company'', (1) an electric company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons; (3) a foreign corporation empowered under the laws of its state of incorporation to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons and qualified to do business in the commonwealth; and (4) a municipal corporation empowered to operate a municipal lighting plant under the provisions of section thirty-five or section thirty-six.
''Facility'', (1) a generating facility; (2) a new electric transmission line having a design rating of 69 kilovolts or more and which is one mile or more in length on a new transmission corridor; (3) a new electric transmission line having a design rating of 115 kilovolts or more which is 10 miles or more in length on an existing transmission corridor except reconductoring or rebuilding of transmission lines at the same voltage; (4) an ancillary structure which is an integral part of the operation of any transmission line which is a facility; (5) a unit, including associated buildings and structures, designed for or capable of the manufacture or storage of gas, except such units below a minimum threshold size as established by regulation; and (6) a new pipeline for the transmission of gas having a normal operating pressure in excess of 100 pounds per square inch gauge which is greater than one mile in length except restructuring, rebuilding, or relaying of existing transmission lines of the same capacity.
''Gas'', a term which shall include natural gas, propane air, synthetic natural gas, and liquified natural gas.
''Gas company'', (1) a gas company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to manufacture or store gas for resale or distribution to a gas company as defined in section one; (3) a foreign corporation empowered under the laws of its state of incorporation to manufacture or store gas for resale or distribution to a gas company as defined in section one, and qualified to do business in the commonwealth; (4) a natural gas pipeline company as defined in section seventy-five B; and (5) a municipal corporation empowered to operate a municipal gas plant under the provisions of section thirty-five or section thirty-six.
''Generating facility'', any generating unit designed for or capable of operating at a gross capacity of 100 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities.
''Liquefied natural gas'', a natural gas that has been changed into a liquid by cooling the temperature at atmospheric pressure to approximately—260°F.
''Local Government'', any political subdivision of the commonwealth, including any county, city, town, district agency or regional agency.
''Long-range forecast'', a plan filed with the department under the provisions of section sixty-nine I.
''National pollutant discharge elimination system permit'', a permit issued in conformance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.
''Natural gas'', a type of gas which originates in the ground and is predominantly methane.
''Notice of intention'', a notice of intention to construct an oil facility which shall be filed with the council under the provisions of sections sixty-nine I and sixty-nine J.
''Oil company'', (1) any person, authority or corporation organized under the laws of the commonwealth empowered or intending to construct or operate an oil facility; (2) a foreign corporation or person empowered under the laws of its state of incorporation to, or intending to construct or operate an oil facility, and qualified to do business in the commonwealth.
''Oil facility'', any new unit, including associated buildings and structures, designed for, or capable of, the refining, storage of more than five hundred thousand barrels or transshipment of oil or refined oil products and any new pipeline for the transportation of oil or refined oil products which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity; provided, however, that this oil facility shall not include any facility covered by a long-range forecast or supplement thereto under section sixty-nine I.
''Propane air'', a type of gas produced by those facilities which add commercial grade propane to air for mixture with natural gas.
''Significant portion of his income'', ten per cent of gross personal income for a calendar year, except that it shall mean fifty per cent of gross personal income for a calendar year if the recipient is over sixty years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement. Income includes retirement benefits, consultants fees, and stock dividends. Income is not received directly or indirectly from permit holders or applicants for a permit where it is derived from mutual fund payments or from other diversified investments over which the recipient does not know the identity of the primary sources of income.
''Synthetic natural gas'', a type of gas which is made by a facility which produces a gaseous fuel from the manufacture, conversion or reforming of liquid or solid hydrocarbons.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 164 - Manufacture and Sale of Gas and Electricity
Section 1b - Service Territories for Distribution Companies; Rates
Section 1c - Marketing Companies
Section 1f - Consumer Protections; Rules and Regulations
Section 1g - Transition Costs and Charges
Section 1k - Penalties to Be Credited Back to Customers
Section 3 - Corporations Governed by Chapter
Section 4 - Application of Chapter 156b
Section 4a - State Secretary; Examination of Documents; Approval; Instances of Corporate Omission
Section 5 - Organization of Corporation; Certification by State Secretary
Section 5a - Name; Restrictions; Injunctive Relief
Section 6 - Articles of Organization; Contents
Section 8 - Amendment of Articles of Organization; Changes in Capital Stock or Corporate Name
Section 8b - Articles of Amendment; Submission to State Secretary; Effective Date; Filing
Section 9a - Electric Companies Providing Electricity to Other Companies; Ownership of Stock
Section 10 - Issuance of Capital Stock; Notification of Department
Section 11 - Payment of Price of Share
Section 12 - Improper Issue of Stock or Scrip Certificates; Effect; Penalty
Section 12a - Convertible Debentures
Section 13 - Mortgage of Property
Section 13a - Issuance and Pledge of Bonds Secured by Prior Liens
Section 15 - Invitation for Proposals for Purchase of Bonds
Section 15a - Issue or Sale of Bonds, Etc. at Less Than Par Value or Face Amount
Section 16 - Making Good Impairment of Capital Stock
Section 17 - Improper Issue of Stock, Bonds or Other Securities; Penalty
Section 17a - Investments; Approval of Department; Violations by Officers; Penalty
Section 18 - Disposition of Shares
Section 19 - Sale of Unissued Capital Stock; Terms; Auction Sale
Section 20 - Commencement of Business; Liability of Officers, Contribution
Section 23 - Voting by Stockholders; Proxy
Section 24 - Voting by Stockholders; Articles of Organization or By-Laws Controlling
Section 29 - Change of Officers; Filing of Certificate of Change
Section 30 - Change of Location
Section 31 - Amount of Stock in Gas Companies Held by Corporation
Section 33 - Fees for Filing Certificates, Articles and Copies of Votes
Section 33a - Promotional or Political Advertising Expenditures
Section 34a - Municipal Street Lighting Service
Section 34b - Replacement of Existing Poles
Section 35 - Vote of City to Acquire Plant
Section 36 - Vote of Town to Acquire Plant
Section 37 - Certification of Vote of City or Town to Department
Section 38 - Certification of Subsequent Votes
Section 39 - Failure to Certify Vote; Penalty
Section 40 - Debt Incurred for Establishing, Purchasing, Extending, etc., Light Plant
Section 41 - Enlargement of Plant
Section 42 - Purchase of Existing Plant
Section 45 - Purchase of Property in Adjoining Town
Section 46 - Distribution to Adjoining Town
Section 47 - Extension of Services to Adjoining Town
Section 47b - Facilities and Equipment Located Outside Municipal Limits
Section 47c - Municipal Lighting Plant Cooperatives
Section 47d - Exemption From Public Records and Open Meeting Requirements in Certain Instances
Section 51 - Purchase of Gas, Electricity, Equipment, Supplies or Materials From Another Town
Section 52 - Purchase of Electricity by Town From Street Railway
Section 53 - Delivery by Street Railway; Metering
Section 54 - Disagreement as to Price Paid to Street Railway; Action of Department
Section 55 - Municipal Light Board
Section 55a - Agreements Between Municipal Light Boards and Cities or Towns
Section 56 - Management of Plant
Section 56a - Municipal Light Commission; Definition; Contracts of Members
Section 56b - Contracts of Commission; Requisites
Section 56d - Contracts of Commission; Advertisements and Bids; Application of Section
Section 56e - Removal of Members; Notice and Hearing; Appeal
Section 57 - Manager's Annual Financial Report; Tax Levy; Expenditure of Income
Section 57a - Appropriations for Maintenance and Operation; Payment in Advance of Receipts
Section 57c - Appropriations From Insurance Escrow Account
Section 58 - Schedule of Prices for Gas and Electricity
Section 58a - Advance Deposit; Shut Off for Non-Payment; Removal of Appliances for Distribution
Section 58b - Lien Upon Real Estate for Nonpayment of Service Charges
Section 58c - Time for and Length of Lien
Section 58d - Unpaid Charges Added to Real Estate Taxes
Section 58e - Interest on Taxes Due by Reason of Unpaid Charges
Section 58f - Abatement of Real Estate Tax Imposed by Reason of Unpaid Charges
Section 59 - Notice of Change of Price to Department
Section 60 - Entitlement to Service; Review by Department
Section 61 - Assessment of Cost of Establishing Service
Section 62 - Protection of Plant; Municipal Ordinances
Section 63 - Duties of Municipality and Its Officers; Violations; Penalties
Section 65 - Application of Chapter to Plants Authorized by Special Act
Section 66 - Application of Chapter and By-Laws of Town to Plant Authorized by Special Act
Section 67 - Revocation of Rights, Locations or Licenses
Section 68 - Sale of Plant by Town
Section 69 - Enforcement by Supreme Judicial Court
Section 69a - Purchase, Sale and Distribution of Natural Gas by Municipality
Section 69c - Cadet Engineers; Power of City or Town to Contract for Training; Contents of Contract
Section 69d - Cadet Engineers; Selection
Section 69e - Cadet Engineers; Civil Service Laws; Retirement Benefits; Workmen's Compensation
Section 69h - Energy Facilities Siting Board
Section 69h1/2 - Hydropower Generation Facilities
Section 69i - Long-Range Forecasts of Electric and Gas Companies; Filing; Hearings; Approval
Section 69j1/4 - Construction of Generating Facility
Section 69j1/2 - Fees for Applications to Construct Electricity Facilities
Section 69l1/2 - Application for Certificate With Respect to a Generating Facility
Section 69n - Parties in Interest to Proceedings
Section 69o - Decision Granting or Denying Application; Findings and Opinions; Applicability
Section 70 - Opening of Streets by Gas Company; Liability; Repairing Streets
Section 70a - Application to Department to Lay Main; Hearing; Determination; Fees
Section 71 - Construction of Transmission Lines
Section 72 - Taking Land for Transmission Lines
Section 72a - Survey Preliminary to Eminent Domain Proceedings; Notice to Landowners; Damages
Section 73 - Pipes, Mains, Wires and Conduits Crossing Railroads
Section 74 - Recovery by Town of Damages Paid as Result of Defect in Street
Section 75 - Regulation by Municipal Authorities
Section 75a - Installation of Gas Meters; Compliance With Regulations for Preventing Escape of Gas
Section 75b - Qualifying to Do Business
Section 75c - Right of Eminent Domain
Section 75d - Survey Preliminary to Eminent Domain Proceedings; Liability
Section 75e - Regulation of Construction and Operation
Section 75f - Restoration of Ground Surface Following Installation
Section 75g - Marking of Location of Underground Line
Section 75h - Licenses, Permits, etc., for Pipeline Maintenance, Construction and Operation
Section 76 - Supervisory Authority of Department
Section 76a - Dealings With Affiliated Companies
Section 76b - Streets or Ways; Construction Over, Across or Along High Pressure Gas Mains
Section 76c - Rules and Regulations
Section 76d - Utility Underground Plant Damage Prevention System; Establishment
Section 77 - Annual Report of Department
Section 78 - Notice of Violation
Section 79 - Enforcement of Orders of Department; Equity Jurisdiction
Section 80 - Location of Office of Company; Records; Inspection of Records by Department
Section 81 - Form of Books and Accounts
Section 82 - Form of Records of Work at Manufacturing Station
Section 83 - Annual Return; Form; Other Information to Department
Section 84 - Failure to Make or Amend Return; Penalty
Section 84a - Condensed Return of Business and Financial Condition
Section 85a - Filing Copies of Existing Contracts With Affiliated Companies
Section 86 - Consent of Municipality to Entry of Another Gas Company
Section 87 - Consent of Municipality to Entry of Another Electric Company
Section 88 - Review of Decision Issued Under Secs. 86 or 87
Section 89 - Rights of Another Municipality to Enter Another Town
Section 90 - Conditions Imposed Upon Entry of Supplier of Electricity in Bulk
Section 91 - Enforcement of Conditions Imposed Under Sec. 90
Section 92 - Right of User to Gas or Electricity
Section 92a - Right of User in Bulk to Gas
Section 93 - Price or Quality of Gas or Electricity; Public Hearing; Notice
Section 941/2 - Sales of Compressed Natural Gas for Use as a Motor Fuel
Section 94a - Contracts for Purchase of Gas or Electricity; Review of Price Paid
Section 94b - Contracts With Affiliated Companies; Approval by Department
Section 94c - Dealings Between Gas or Electric Affiliated Company; Burden of Proof
Section 94d - Penalties for Delinquencies and Discounts
Section 94e - Notification of Termination of Contract Filed Under Sec. 94
Section 94f - Rates, Prices and Charges of Gas Companies; Effect of Orders of f.p.c.
Section 94h - Condominiums; Common Areas; Rates
Section 94i - Cost-Allocation Method for Determining Base Distribution Rates
Section 95 - Reports of Accidents
Section 96 - Purchase, Sale, Consolidation or Merger; Procedure; Public Interest Determination
Section 97 - Acquisition of Water Storage Reservoir or Hydro-Electric Plant by Electric Company
Section 98 - Rights of Company Acquiring Water Storage Reservoir or Hydro-Electric Plant
Section 99 - Increase of Capital Stock to Affect Acquisition
Section 99a - Property Held as Tenants in Common by Electric Companies
Section 100 - Sale of Property to Another Gas or Electric Company; Exceptions
Section 101 - Time for Filing Applications for Approval of Sales or Consolidations
Section 102 - Consolidation of Boston Consolidated Gas and Boston Edison
Section 102b - Certificate of Consolidation or Merger; Issuance; Fee
Section 102c - Enforcement of Consumer Protection Provisions; Arbitration
Section 103 - Accuracy of Meters; Records
Section 104 - Fees of Department for Examining, Comparing and Testing Gas Meters
Section 106 - Regulation of Quality of Gas
Section 108 - Calorimeter Provided by Company
Section 109 - Inspection of Gas by Department; Establishing New Standards of Purity
Section 110 - Gas Below Standard; Forfeiture
Section 111 - Unit of Measure for Sale of Gas
Section 113 - Use of Gas Meters Not Tested, Sealed or Stamped; Penalty
Section 114 - Testing Gas Meters in Use; Cost of Test
Section 115 - Easy Ascertainment of Gas Meter Reading
Section 115a - Replacement of Gas Meters
Section 116 - Entry on Premises to Examine and Maintain Gas or Electric Meters
Section 116a - Disconnection of Services in Case of Fire, Explosion or Other Disaster
Section 117 - Written Statement of Amount Recorded Given by Meter Reader
Section 118 - Easy Ascertainment of Electric Meter Reading
Section 120 - Testing Electric Meters in Use; Cost of Test
Section 122 - Use of Incorrect Meter; Refund
Section 123 - Prepayment Meters; Risk of Loss of Deposits
Section 124 - Entry of Premises to Stop Gas or Electricity
Section 124a - Shutting Off or Failing to Restore Service During Serious Illness
Section 124b - Shutting Off Gas or Electric Service for Failure to Pay for Appliances; Prohibition
Section 124d - Shutting Off Gas or Electric Service to Tenants Not Customer of Record
Section 124e - Termination of Gas and Electric Service; Households With Residents 65 or Older
Section 124f - Shutting Off Service During Financial Hardship
Section 124g - Restoration of Service Upon Payment
Section 124h - Shutting Off Service in Residence Where Infant Domiciled
Section 125 - Refusal to Supply Because of Default of Previous Occupant
Section 125a - Supply to Commonwealth or Municipality After Expiration of Contract; Price
Section 126a - Impersonating an Officer or Servant of a Gas or Electric Company; Penalties
Section 127 - Intentional Injury to Electric Meter or Other Property; Penalty; Prima Facie Evidence
Section 132 - Exemption of Trust Fund From Certain Insurance Laws
Section 133 - Emergency Mutual Aid
Section 134 - Load Aggregation Programs
Section 135 - Corporate Retail Load Aggregators
Section 139a - Small Hydroelectric Power Net Metering Facilities Program
Section 140 - Neighborhood Net Metering Facility; Election of Net Metering; Rules and Regulations
Section 141 - Decisions or Actions Regarding Rate Design; Adjustment to Low-Income Rate Discount
Section 145 - Plan for Replacement or Improvement of Aging or Leaking Natural Gas Infrastructure