Two Energy Facility Permitting Reforms: New Hampshire’s Site Evaluation Committee, and the Federal FAST-41 Tom Burack, Esq., Sheehan Phinney New England Electricity Restructuring Roundtable, December 15, 2017

Permitting Energy Facilities in NH Energy Facility Site Evaluation Committee Land use and permitting 15 members/8 agencies No budget Increased caseload Public study process Procedural (e.g., membership, staffing, process) Substantive (e.g., impacts, alternatives, energy policy)

2014 Amendments – Process Changes Reduced Committee size Added Public Members Subcommittees/Designees authorized Full-time Administrator position authorized Adequate funding Mandatory pre-application and post-filing public information sessions Required rulemaking (e.g., application contents) Sec must make 4 findings to approve project: Technical, managerial and financial capability to construct and operate Not unduly interfere with orderly regional development of the region No unreasonable adverse effect on aesthetics, historic sites, air and water quality, the natural environment and public health and safety Serves Public Interest

2014 Amendments – Substantive Changes “Public Interest” finding No definition provided in statute Topics of stakeholder and citizen concern: State energy policy Alternative sites and routes Visual, environment and natural resource impacts Orderly development, noise New rules (detailed provisions for wind, transmission, and pipeline projects)

Future Issues? Public Members’ workload Stakeholder participation Counsel for the public’s role Rule refinement Certificated project inspections Panel membership Conditional certificates

Federal Permitting Reform FAST-41: Title 41 of Fixing America’s Surface Transportation Act (2015) Large-scale ($200+M) infrastructure projects Highways, waterways, water resources, broadband, energy, pipelines, transmission lines Require NEPA review Goal: Improve timeliness, predictability, transparency of federal environmental review & authorization

FAST-41 Federal Permitting Improvement Steering Council (FPISC) Standardizes interagency consultation and coordination on permitting Recommended best practices, guidance, schedules Online Permitting Dashboard of projects’ status States may participate as cooperating agencies Project sponsor participation is voluntary

Federal Permitting Timelines Presidential Executive Orders Agency Permit timeline goals Coordination of federal and state permitting processes and timelines

Some Possible Measures of Siting and Permitting System Effectiveness Timeliness (Predictability) Quality (Understandability, Consistency, Transparency) Public engagement and acceptance of results Long-term compliance Long-term impacts/outcomes

Contact Information Thomas S. Burack, Esq. Sheehan Phinney 603-627-8387 tburack@sheehan.com www.sheehan.com