1. 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

2. 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)

3. 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

4. 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)

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

6. 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

7. 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

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

9. 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

10. Contact Information
Thomas S. Burack, Esq. Sheehan Phinney