Sec. 16-50n. Parties to a certification or amendment proceeding or a declaratory ruling. Grouping of parties. Intervenors. Counsel and consultant to council. Limited appearances.
Sec. 16-50n. Parties to a certification or amendment proceeding or a declaratory ruling. Grouping of parties. Intervenors. Counsel and consultant to council.
Limited appearances. (a) The parties to a certification or amendment proceeding or
to a declaratory ruling proceeding shall include: (1) The applicant, certificate holder,
or petitioner; (2) each person entitled to receive a copy of the application or resolution
under section 16-50l, if such person has filed with the council a notice of intent to be a
party; (3) any domestic or qualified nonprofit corporation or association formed in whole
or in part to promote conservation or natural beauty, to protect the environment, personal
health or biological values, to preserve historical sites, to promote consumer interests,
to represent commercial and industrial groups or to promote the orderly development
of the areas in which the facility is to be located, if it has filed with the council a notice
of intent to be a party; and (4) such other persons as the council may at any time deem
appropriate.
(b) The council may permit any person to participate as an intervenor, in accordance
with the provisions of section 4-177a, in a certification or amendment proceeding or a
declaratory ruling proceeding.
(c) The council in its discretion may provide for the grouping of parties and intervenors with the same interests. If such a group does not designate an agent for the service
of notice and documents, the council shall designate such an agent, and notice and
documents need be served only on the designated agent. Notwithstanding the provisions
of this subsection, any party or intervenor who has been included in a group may, at
any time by oral or written notice to the council, elect not to be a member of the group
to the extent specified in such notice.
(d) The Attorney General shall appoint an assistant attorney general or a special
assistant attorney general to act as counsel for the Connecticut Siting Council.
(e) Upon receipt of the application, the council may employ one or more independent consultants to study and measure the consequences of the proposed facility on the
environment. The council shall direct such consultant or consultants to study any matter
that the council deems important to an adequate appraisal of the application. Any such
study and any report issued as a result thereof shall be part of the record of the proceeding.
(f) Any person may make a limited appearance at a hearing held pursuant to the
provisions of section 16-50m, prior thereto or within thirty days thereafter, entitling
such person to file a statement in writing. At the discretion of the council any person
may make a limited appearance at any such hearing to present an oral statement under
oath. All papers and matters filed by a person making a limited appearance shall become
part of the record. No person making a limited appearance, and not otherwise entitled
to be a party, shall be a party or shall have the right to cross-examine witnesses, parties
or intervenors.
(1971, P.A. 575, S. 8; P.A. 73-458, S. 7; P.A. 75-375, S. 5, 12; P.A. 79-537, S. 3; P.A. 86-187, S. 6, 10; P.A. 89-45, S.
3, 4; P.A. 90-230, S. 84, 101.)
History: P.A. 73-458 amended Subsec. (a)(2) to include as parties persons giving notice of intent to be a party, rather
than persons who have not given notice that they do not want to be parties and clarified limited appearances in Subsec.
(d) by replacing reference to appearance "at any time in the proceeding" with reference to appearance before hearing or
within 30 days after hearing and provided that persons making limited appearance are not subject to cross-examination;
P.A. 75-375 deleted 15-day deadline for filing of intent to be a party in Subsec. (a)(2), inserted new Subsec. (b) re grouping
of parties and relettered former Subsecs. (b) to (d) as (c) to (e); P.A. 79-537 added references to amendment proceedings,
certificate holders and resolutions in Subsec. (a) and deleted 20-day deadline for filing of notice of intent by nonprofit
corporations under Subsec. (a)(3); P.A. 86-187 replaced power facility evaluation council with Connecticut siting council
in Subsec. (c); P.A. 89-45 included provision in Subsec. (a) allowing council to issue declaratory rulings, added Subsec.
(b) permitting intervenors in council proceeding, included provision in Subsec. (f) re limited appearances at hearings to
present oral statement and relettered Subsecs. (b), (c), (d) and (e) as Subsecs. (c), (d), (e) and (f); P.A. 90-230 made technical
change to Subsec. (b).
Cited. 177 C. 623.
Subsec. (a):
Cited. 20 CA 474.
Subsec. (d):
Cited. 20 CA 474.