Town of Andover v. Energy Facilities Siting Board

The Energy Facilities Siting Board (board) approved the petition of Nickel Hill Energy, LLC, to construct and operate a 750-megawatt natural gas-fired, combined cycle electrical generating facility on a twenty-five acre site in the town of Dracut. The town of Andover and Merrimack Valley Residents for the Environment, Inc., interveners in the administrative proceedings below,3 appealed from the decision of the board to a single justice of this court, pursuant to G. L. c. 25, § 5, and G. L. c. 164, § 69R The single justice reserved and reported the case to the full court.

On appeal the…