New Hampshire Code of Administrative Rules Site - Site Evaluation Committee
New Hampshire Code of Administrative Rules — Site Evaluation Committee (SEC)
Overview
The Site Evaluation Committee (SEC) is a state administrative body established to oversee and regulate the siting of major energy facilities in New Hampshire. This includes power plants, electric transmission lines, and natural gas pipelines. The SEC operates under the authority granted by the New Hampshire Site Evaluation Committee statute (RSA 162-H) and adopts administrative rules to guide the application, review, and decision-making process.
Role and Purpose of the SEC
Permitting authority: The SEC acts as a centralized permitting body to ensure efficient, consistent, and thorough evaluation of energy infrastructure projects.
Environmental and public interest: The committee balances the interests of environmental protection, public health, community impact, and energy needs.
Consolidated review: Instead of multiple agencies issuing separate permits, the SEC conducts a consolidated review encompassing environmental, safety, and community considerations.
Key Provisions of the Code of Administrative Rules for the SEC
Application Process:
The rules specify requirements for pre-application consultation, submission of applications, and completeness review.
Applicants must provide detailed information on the proposed site, environmental impact, alternatives considered, and community engagement.
Public Participation:
The SEC rules provide for public hearings, intervention rights for interested parties, and opportunities to submit evidence and comments.
Intervenors can participate formally, submit testimony, cross-examine witnesses, and appeal decisions.
Evaluation Criteria:
The SEC evaluates projects based on multiple criteria, including environmental impact (air, water, wildlife), public health and safety, cultural resources, and consistency with local land use plans.
The committee also assesses the need for the project and its impact on the state's energy infrastructure.
Decision and Conditions:
After hearings and review, the SEC issues a final decision approving, approving with conditions, or denying the application.
Conditions often include mitigation measures to minimize environmental and community impacts.
Relevant Case Law on SEC and Its Administrative Rules
In re Antrim Wind Energy, LLC, 163 N.H. 430 (2012)
Summary: This case involved a challenge to the SEC’s approval of a wind energy project.
Holding: The New Hampshire Supreme Court upheld the SEC's decision, emphasizing that the SEC has broad discretion to weigh evidence and balance competing interests under RSA 162-H and its administrative rules.
Significance: The court confirmed the deference given to the SEC’s expertise and its rulemaking authority in interpreting its own rules during project evaluation.
In re Public Service Co. of New Hampshire, 146 N.H. 357 (2001)
Summary: This case addressed challenges to the SEC’s siting approval of a power plant and the adequacy of the environmental review.
Holding: The court ruled that the SEC complied with statutory requirements and its administrative rules by thoroughly considering environmental impacts and public input.
Significance: This case established the precedent that the SEC’s procedural and substantive requirements under the Code of Administrative Rules must be met but that courts will generally defer to the agency's technical expertise.
In re PSNH/ Merrimack Station, 159 N.H. 754 (2010)
Summary: Challenges were raised about the SEC’s interpretation of its noise and air quality standards under its administrative rules.
Holding: The court found that the SEC acted within its authority and that its interpretations of the administrative rules were reasonable.
Significance: This affirmed the principle that the SEC’s interpretation of its own rules is entitled to judicial deference unless clearly erroneous.
Summary
The New Hampshire Code of Administrative Rules for the Site Evaluation Committee lays out detailed procedures and standards for reviewing and approving major energy projects in the state. The SEC acts as a single point of regulatory review, balancing environmental protection, public health, and energy needs.
New Hampshire courts have repeatedly upheld the SEC’s broad discretion and expertise in applying its rules, emphasizing the agency’s role in managing complex technical and policy issues related to energy siting. Cases like In re Antrim Wind Energy, LLC, and In re Public Service Co. of New Hampshire demonstrate the judiciary's respect for the SEC’s authority and its careful, rule-based decision-making process.
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