reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 105. Payment for stock with property; approved by Commission

§ 105. Payment for stock with property; approved by Commission
When stock is issued for property other than cash, the value of the property fixed by the incorporators or stockholders must receive the approval of the Public Utility Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 99 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 106. Ownership of stock in other corporations

§ 106. Ownership of stock in other corporations
When a corporation subject to the regulation of the Public Service Commission, prior to April 2, 1915, was authorized by its charter or otherwise to hold stock in another corporation, such public service corporation may petition the Public Utility Commission for authority to increase the amount of stock of such other corporation which may be owned by the petitioning corporation. If the Commission finds and adjudges that such increase will promote the general good of the State, it may issue its certificate and order authorizing the same, and thereupon the charter or articles of incorporation shall be amended to conform to such order. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 110. Eminent domain; companies authorized

§ 110. Eminent domain; companies authorized
When it is necessary for a corporation formed under this chapter or a foreign corporation under the jurisdiction of the Public Utility Commission to acquire property within this State, or some easement or other limited right in such property in order that it may render adequate service to the public in the conduct of its business, it may condemn such property or right, as provided in sections 111-124 of this title. All other companies, as defined in sections 201 and 501 of this title, which are within the scope of sections 203 and 501 of this title, shall have the same power of condemnation and be subject to the same procedure as hereinafter provided for condemnation by corporations subject to the jurisdiction of the Public Utility Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 61, eff. April 15, 1969; 1987, No. 271 (Adj. Sess.), § 17, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 110a. Inclusion of communications facilities

§ 110a. Inclusion of communications facilities
When a gas or electric utility subject to the jurisdiction of the Commission files a petition to condemn an easement or limited right in property, there shall be a rebuttable presumption that access to the utility’s facilities provided pursuant to chapter 92 of this title shall be a necessary component of the utility’s rendering of adequate service to the public. (Added 2007, No. 131 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 111. Petition; notice of hearing

§ 111. Petition; notice of hearing
(a) Such corporation shall present a petition to the Public Utility Commission and to the Department of Public Service describing the property or right, and stating why it is unable to acquire it without condemnation, and why its acquisition is necessary. The Commission shall set a time and place for hearing such petition and shall issue a citation. The Department, after appropriate investigation, shall present at the hearing on the petition its position on the need for the acquisition, any alternatives to the acquisition, and its recommendations on the acquisition.
(b) The citation shall be served upon each person having any legal interest in the property, including each municipality and each planning body where the property is situate like a summons, or on absent persons in such manner as the Supreme Court may by rule provide for service of process in civil actions. The Commission, in its discretion, may schedule a joint hearing of some or all petitions relating to the same project and concerning properties or rights located in the same town or abutting towns. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 205, § 2; 1971, No. 185 (Adj. Sess.), § 213, eff. March 29, 1972; 1979, No. 204 (Adj. Sess.), § 20, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 112. Findings; dams; assessment of damages; jury trial

§ 112. Findings; dams; assessment of damages; jury trial
(a) When the Commission finds:
(1) In the case of dams, that a certificate of public good authorizing the project as herein required, or a license from the Federal Power Commission has been granted; and
(2) That the condemnation of such property or right is necessary in order that the petitioner may render adequate service to the public in the conduct of the business which it is authorized to conduct, and in conducting which it will, according to the laws of this State, be under an obligation to serve the public on reasonable terms, and pursuant to the regulations of the Commission;
(3) That the condemnation of the property or right will not unduly interfere with the orderly development of the region and scenic preservation; and
(4) That the condemnation of such property or right is sought in order that the petitioner may render adequate service to the public in the conduct of such business, the Commission shall adjudge the petitioner entitled to condemn such property or right, shall assess the compensation to be paid therefor, and shall determine the time and manner of such payment.
(b) The compensation to be paid shall be based upon the value of the property on the day the petition is presented to the Commission, and shall include as separate elements the value of the property taken, impairment to the value of remaining property or rights of the owner, and consequential damages, including the damage to the owner’s business. Provided, however, if the petitioner or the person or persons owning or interested in such property or right are dissatisfied with the compensation assessed by the Commission, either the petitioner or such person or persons, may, within 30 days after the order of the Commission is made, appeal to the Superior Court of the county within which such property or right, or any part thereof, is situated to have the amount of compensation reassessed and the time and manner of payment redetermined, and either party may demand and have a trial by jury. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263, § 1, eff. July 31, 1961; 1967, No. 205, § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1997, No. 161 (Adj. Sess.), § 21, eff. Jan. 1, 1998.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 113. Compensation; where party cannot be found

§ 113. Compensation; where party cannot be found
When a person to whom such compensation or any part thereof is due cannot be found, or is under any legal disability, or is out of this State, the Commission may order such compensation or part thereof to be deposited with the county clerk of the county wherein the hearing was held. Such money shall be invested and paid out according to orders made by a Superior judge. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 114. Copy of order; record

§ 114. Copy of order; record
When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk’s office of the town or towns in which such property is located, within 30 days after such copies are received by him or her. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 115. Effect of payment of awards

§ 115. Effect of payment of awards
Upon the payment or deposit of the amounts awarded by the Commission, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided in section 112 of this title, such ownership shall be an equitable title only with right of possession until the judgment of the Superior Court is complied with. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 116. Scope of application

§ 116. Scope of application
Without limiting or enlarging the scope of sections 110-115 of this title, it is hereby specifically provided that they shall apply to the condemnation of rights to construct and maintain pipe lines, conduits, lines of poles, towers, or wires, and to rights to appropriate, divert, and flow back water.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 117. Rights acquired and not used

§ 117. Rights acquired and not used
Where property, easements, or other rights are condemned under this chapter in order that the corporation may render adequate service to the public in the conduct of its business, and such property, easements, or rights are not so applied and used, they shall be subject to condemnation under this chapter for a public use by another public service corporation, other than a railroad.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 118. Taking burial grounds; condemnation

§ 118. Taking burial grounds; condemnation
When it is necessary that a corporation formed under the provisions of this chapter or a foreign corporation engaged in public service should acquire or flood land used or set apart for a cemetery or burial ground, either public or private, or should acquire an easement or limited right in such cemetery or burial ground, in order that it may render adequate service to the public in the conduct of its business, or in order that it may build and maintain its storage basins, dams, powerhouses, or lines, it may condemn such property or right as provided in this chapter.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 120. Removal of remains

§ 120. Removal of remains
The remains of the dead in such cemetery shall be removed by the selectboard or board of cemetery commissioners and interred in some suitable cemetery after final judgment and before the exercise of any rights in such cemetery.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 121. Notice to kindred

§ 121. Notice to kindred
Before the removal of such remains, the selectboard or board of cemetery commissioners, if there are known relatives of the deceased residing in the State, shall give such relatives 30 days’ notice in writing of the intention so to do. If known relatives do not reside in the State but reside outside the State, then the remains shall not be so removed until after 60 days’ notice in writing thereof has been given to such relatives.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 122. Headstones or monuments erected

§ 122. Headstones or monuments erected
The selectboard or board of cemetery commissioners shall cause existing headstones or monuments to be removed and reerected to the memory of the deceased. Permanent markers shall be provided to designate the place or reinterment of those not so marked previously.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 123. Expense

§ 123. Expense
The entire expense of whatever land may be necessary for the reinterment of such remains and the cost of removal and reerection of headstones or monuments shall be paid by the corporation acquiring such burial ground and the easement therein.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 124. Appeal

§ 124. Appeal
The judgment and findings of the Commission shall be final, except that a party who feels himself or herself aggrieved thereby may appeal to the Supreme Court pursuant to the provisions of section 12 of this title. Such appeal shall suspend execution of the judgment of the Commission, but the Supreme Court, or a single Justice in vacation, may vacate the suspension as justice and equity require. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 125. Powers; annual report

§ 125. Powers; annual report
A public service corporation shall have the privilege and be subject to the provisions of the general corporation law, and also to the provisions of chapter 5 of this title, except as such provisions are inconsistent with the provisions of this chapter. Such corporations shall not be required to make any annual report, except as provided in chapter 5 of this title. (Amended 1985, No. 224 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 126. Saving clause; corporations formed before April 2, 1915

§ 126. Saving clause; corporations formed before April 2, 1915
All corporations formed prior to April 2, 1915, by special act or under the general laws of this State, that are conducting any business subject to regulation by the Public Utility Commission, shall, with respect to acts done after such date, be deemed to be within the provisions of this chapter and the provisions of the general corporation law in like manner as a corporation formed under this chapter. However, a corporation theretofore formed shall not do any act in violation of any restriction contained in its charter. The foregoing provisions of this section shall be subject to the exceptions and qualifications contained in 11 V.S.A. §§ 2 and 3, so far as the same may be applicable to corporations formed under the provisions of this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 3 - Public Service Corporations, Other Than Railroads; Formation, Financing, Eminent Domain › § 127. Utility poles in easements across private property

§ 127. Utility poles in easements across private property
(a) Utility easements and State rules regarding utility rights of way and pole attachments shall include as an authorized utility use the installation of fiber-optic cable for purposes of providing broadband service to the public or for providing utility network management and monitoring, or both. Such use of the utility easement and right of way is generally of the type contemplated in utility easements, does not materially burden the landowner beyond what was intended in the conveyance or condemnation, serves the public good, and facilitates the construction of broadband networks as contemplated in this act.
(b) This section shall apply to all utility easements and State rules in effect on or after the effective date of this act. This section shall not apply to an easement that contains an express prohibition on the installation and operation of fiber-optic cable. (Added 2021, No. 71, § 19, eff. June 8, 2021.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 202a. State energy policy

§ 202a. State energy policy
It is the general policy of the State of Vermont:
(1) To ensure to the greatest extent practicable that Vermont can meet its energy service needs in a manner that is adequate, reliable, secure, and sustainable; that ensures affordability and encourages the State’s economic vitality, the efficient use of energy resources, and cost-effective demand-side management; and that is environmentally sound.
(2) To identify and evaluate, on an ongoing basis, resources that will meet Vermont’s energy service needs in accordance with the principles of reducing greenhouse gas emissions and least-cost integrated planning, including efficiency, conservation, and load management alternatives; wise use of renewable resources; and environmentally sound energy supply.
(3) To meet Vermont’s energy service needs in a manner that will achieve the greenhouse gas emissions reductions requirements pursuant to 10 V.S.A § 578 and is consistent with the Vermont Climate Action Plan adopted and updated pursuant to 10 V.S.A. § 592. (Added 1981, No. 236 (Adj. Sess.), § 4; amended 1983, No. 170 (Adj. Sess.), § 13, eff. April 19, 1984; 1991, No. 259 (Adj. Sess.), § 1; 2019, No. 153 (Adj. Sess.), § 7, eff. Sept. 22, 2020.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 202c. State telecommunications; policy and planning

§ 202c. State telecommunications; policy and planning
(a) The General Assembly finds that advances in telecommunications technology and changes in federal regulatory policy are rapidly reshaping telecommunications services, thereby promising the people and businesses of the State communication and access to information, while creating new challenges for maintaining a robust, modern telecommunications network in Vermont.
(b) Therefore, to direct the benefits of improved telecommunications technology to all Vermonters, it is the purpose of this section and section 202d of this title to:
(1) strengthen the State’s role in telecommunications planning;
(2) support the universal availability of appropriate infrastructure and affordable services for transmitting voice and high-speed data;
(3) support the availability of modern mobile wireless telecommunications services along the State’s travel corridors and in the State’s communities;
(4) provide for high-quality, reliable telecommunications services for Vermont businesses and residents;
(5) provide the benefits of future advances in telecommunications technologies to Vermont residents and businesses;
(6) support competitive choice for consumers among telecommunications service providers and promote open access among competitive service providers on nondiscriminatory terms to networks over which broadband and telecommunications services are delivered;
(7) support the application of telecommunications technology to maintain and improve governmental and public services, public safety, and the economic development of the State;
(8) support deployment of broadband infrastructure that:
(A) uses the best commercially available technology;
(B) does not negatively affect the ability of Vermont to take advantage of future improvements in broadband technology or result in widespread installation of technology that becomes outmoded within a short period after installation;
(9) in the deployment of broadband infrastructure, encourage the use of existing facilities, such as existing utility poles and corridors and other structures, in preference to the construction of new facilities or the replacement of existing structures with taller structures; and
(10) support measures designed to ensure that by the end of the year 2024 every E-911 business and residential location in Vermont has infrastructure capable of delivering Internet access with service that has a minimum download speed of 100 Mbps and is symmetrical. (Added 1987, No. 87, § 1; amended 2003, No. 164 (Adj. Sess.), § 15, eff. June 12, 2004; 2009, No. 54, § 49, eff. June 1, 2009; 2011, No. 53, § 24b, eff. May 27, 2011; 2013, No. 190 (Adj. Sess.), § 8, eff. June 16, 2014.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 203a. Fuel Efficiency Fund

§ 203a. Fuel Efficiency Fund
(a) Fuel Efficiency Fund. There is established the Fuel Efficiency Fund to be administered by a fund administrator appointed by the Commission. Balances in the Fund shall be ratepayer funds, shall be used to support the activities authorized in this subsection, and shall be carried forward and remain in the Fund at the end of each fiscal year. These monies shall not be available to meet the general obligations of the State. Interest earned shall remain in the Fund. The Fund shall contain such sums as appropriated by the General Assembly or as otherwise provided by law, in addition to revenues from the sale of credits under the RGGI cap and trade program as provided for under section 255 of this title.
(b) Use of the Fund. The Fuel Efficiency Fund shall be used to support the delivery of energy efficiency services to Vermont heating and process fuel consumers and to carry out cost-effective efficiency measures and reductions in greenhouse gas emissions from those sectors. These energy efficiency services shall be delivered by the service provider or providers selected by the Department of Public Service under section 235 of this title to perform these functions.
(c) [Repealed.]
(d) Department costs. Up to five percent of amounts allocated to the Department of Public Service from the Fund may be used for administrative costs directly related to the Fuel Efficiency Fund. (Added 2007, No. 92 (Adj. Sess.), § 11; amended 2009, No. 54, § 103, eff. June 1, 2009; 2009, No. 1 (Sp. Sess.), § E.235, eff. June 2, 2009; 2013, No. 142 (Adj. Sess.), § 48; 2019, No. 31, § 1.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 204. Organization; reports of public utility corporations

§ 204. Organization; reports of public utility corporations
Immediately upon the transmission of its articles of association, a corporation subject to supervision under this chapter shall file with the Department of Public Service a copy of such articles, and a copy of its certificate of paid up capital stock if any. The corporation shall also, immediately after its organization, forward to the Department of Public Service a copy of the report of its organization containing the names and addresses of the directors and other officials of the corporation. At the time of commencing, a business, a municipality, person, or company, other than a corporation which is subject to supervision under this chapter, shall file with the Department of Public Service a written statement giving the location, nature, and extent of such business, together with the post office address of the owner or owners, business manager, and other officials. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 23, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 205. Duty to furnish copies of contracts

§ 205. Duty to furnish copies of contracts
At the request of the Department of Public Service, a corporation subject to supervision under this chapter shall submit to the Department for its approval certified copies of contracts entered into after July 1, 1961, between such corporation and any person, partnership, association, trust, or corporation holding, controlling, or owning 10 percent or more of the voting capital stock of such corporation subject to supervision, or with any other corporation which is itself owned or controlled by a person, partnership, association, trust, or corporation so holding, controlling, or owning 10 percent or more of the voting capital stock of such corporation subject to supervision. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183, § 3; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 206. Information to be furnished Department

§ 206. Information to be furnished Department
On request by the Department of Public Service, a company owning or operating a plant, line, or property subject to supervision under this chapter shall furnish the Department information required by it concerning the condition, operation, management, expense of maintenance and operation, cost of production, rates charged for service or for product, contracts, obligations, and the financial standing of such company. It shall also inform the Department of the salaries of, the pensions, option, or benefit programs affecting, and the expenses reimbursed to, its officers or directors, or both. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183, § 4; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981; 2015, No. 29, § 22.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 207. Report of accidents; investigation

§ 207. Report of accidents; investigation
The superintendent or manager of any line or plant, subject to supervision under this chapter, shall, immediately after its occurrence, notify the Department in writing of any accident that occurs within this State upon such line or plant that results in loss of life or injury to any person that incapacitates him or her from engaging in his or her usual vocations. If the accident is subject to investigation by VOSHA pursuant to 21 V.S.A. chapter 3, subchapters 4 and 5, the Department shall provide support as requested by VOSHA, and VOSHA shall, to the extent permitted by law, provide the Department with any information pertaining to the investigation that is requested by the Department. If the accident is not subject to investigation by VOSHA, the Department shall inquire into the cause of the accident and shall make any recommendations to the company and to the Public Utility Commission as appropriate. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981; 2021, No. 54, § 1.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 208. Complaints; investigations; procedure

§ 208. Complaints; investigations; procedure
A complaint to the Public Utility Commission may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company or five or more individuals or, if less than five are so affected, then any one of them. The complainant may bring his or her complaint directly before the Commission or he or she may file his or her complaint with the Department of Public Service which shall investigate such complaint and if sufficient cause exists, shall prosecute the same in the name of the State. Upon request of the trustees of an incorporated village or the selectboard or city council or upon its own motion, the Department of Public Service may institute investigations regarding the price, toll, rate, or rental charged by any utility. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 24, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 208b. Unauthorized billing

§ 208b. Unauthorized billing
A company subject to the jurisdiction of the Public Utility Commission shall not send a bill to a consumer for goods or services that the company provides and that will appear as a charge on the consumer’s telecommunications bill without the consumer’s consent. The Department shall develop a consumer education plan to ensure that consumers of telecommunications services have adequate notice of this requirement. A company that violates this section shall be subject to the remedies authorized by this title, including penalties authorized by section 30 and injunctions authorized by section 209. (Added 1999, No. 67 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 209c. Electricity affordability program

§ 209c. Electricity affordability program
(a) The Public Utility Commission shall design a proposed electricity affordability program in the form of draft legislation. The program shall be developed with the aid of an electricity affordability program collaborative. The collaborative, composed of representatives from the electric utilities, residential customers, consumer representatives, low-income program representatives, representatives from programs for elders, the Department of Public Service, the Agency of Human Services, and other stakeholders identified by the Commission, shall aid in the development of an electricity affordability program, as well as requirements for the implementation and funding of the program. The proposed electricity affordability program will be presented to the Vermont General Assembly in the form of draft legislation for consideration in January 2007.
(b) The proposed electricity affordability program shall provide assistance in the payment of electricity bills for eligible low-income residential customers served by electric companies subject to the jurisdiction of the Commission.
(c) In developing the electricity affordability program, the Commission shall review the successes and administrative burdens of similar programs in operation in other states and consider the following goals, which shall be afforded equal weight in formulating the program:
(1) the need to provide payment assistance to low-income customers at and below 150 percent of the federal poverty level;
(2) the need for automatic screening and enrollment methods of eligible customers by means of information obtained from existing means-tested financial assistance programs administered by other Vermont agencies such as food stamps, Medicaid, LIHEAP, or TANF; and
(3) the need to design a program that is funded by all customer classes in an equitable and reasonable manner and that results in the reimbursement of net incremental costs incurred by electric utilities to implement the program, taking into consideration the benefits as well as the costs. (Added 2005, No. 208 (Adj. Sess.), § 10a; amended 2013, No. 96 (Adj. Sess.), § 191.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 210. Electric companies; interconnection facilities

§ 210. Electric companies; interconnection facilities
(a) The Public Utility Commission shall have jurisdiction to order electric companies subject to its supervision to build or rebuild electric transmission lines in order to provide adequate interconnection between the transmission systems of the State. The Commission shall have power to exercise the jurisdiction herein conferred only after due notice to all interested parties and opportunity for hearing and after making findings based upon adequate evidence that the ordered construction:
(1) is necessary in the interests of consumers of electrical energy;
(2) is not detrimental to the interests of the investors of the company ordered to build or rebuild;
(3) will serve the public good.
(b) The Commission may allocate the cost of building or rebuilding between the companies whose facilities are to be interconnected, providing that the findings herein referred to are made as to each company affected by such allocation. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1999, No. 157 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 212. Niagara power project

§ 212. Niagara power project
The Department of Public Service, in addition to the powers conferred upon it by section 211 of this title and notwithstanding any limitations on such authority imposed thereby or by any other law of this State, is hereby designated as the agent of the State of Vermont with full power to act for and represent the State in any negotiations, arrangements, or proceedings for the procurement of electrical energy from the Niagara power project authorized by Congress in Public Law 85-159 (16 U.S.C.A. § 836) and for which a license was issued to the power authority of the State of New York by the Federal Power Commission as Project 2216, with the right, with the approval of the Commission, to contract for the purchase of such power and resale thereof in accordance with the terms of said federal legislation with federal license. (1959, No. 326 (Adj. Sess.), eff. Jan. 29, 1960; amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 26, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 212a. Retail sales by Department; statutory authorization

§ 212a. Retail sales by Department; statutory authorization
(a) The Department of Public Service, in addition to the powers conferred upon it by sections 211 and 212 of this title and notwithstanding any limitations on that authority imposed by those sections or by any other law of this State, is authorized to purchase from any source and to distribute and sell at retail without unjust discrimination, electrical energy directly to all consumers of electricity in Vermont, under the provisions of this section and sections 212b-212f of this title.
(b) The Department may continue to purchase, sell, and distribute electric capacity and energy at retail pursuant to contracts or arrangements that existed under the terms of this section prior to changes effected by 1987, No. 65. Any purchase, sale, and distribution of electricity by the Department to replace or exceed amounts sold at retail by the Department on May 28, 1987 shall be subject to the provisions of this section and sections 212b-212f as added or amended by 1987, No. 65. (Added 1985, No. 20, eff. April 23, 1985; amended 1987, No. 65, § 3, eff. May 28, 1987.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 212c. Retail sale by the Department; Commission approval

§ 212c. Retail sale by the Department; Commission approval
(a) The Department shall not enter into a contract or arrangement for retail sales unless approved by the Public Utility Commission under this section. Before the Public Utility Commission approves any retail sale of energy or capacity under this section, it shall conclude that the sale will promote the public good of the State by finding that:
(1) the proposed sale, where appropriate, is reasonably required to meet actual or projected growth in statewide demand, to replace amounts of electricity or capacity sold at retail by the Department on May 28, 1987, or to provide capacity or energy needs arising from a bankruptcy filing by any Vermont electric utility;
(2) the Department’s retail rates are just and reasonable, the sale will not result in unjust discrimination in rates, and the sale will result in economic benefits for the State and its residents;
(3) the sale will not adversely affect system stability and reliability, and the sale will be in compliance with the Electric Energy Plan adopted under section 202 of this title, or that there exists good cause to permit the proposed sale; and
(4) the sale is in the best interests of the ratepayers, and that the current and future benefits of the sale outweigh the current and future costs to the State’s residents.
(b) The Commission shall make its final determination under this subsection within six months after a filing by the Department. The Department’s rate filings and any adjustments or exceptions thereto shall be consistent with the procedures set forth in sections 225, 226, 227, 228, and 229 of this title, where applicable. (Added 1987, No. 65, § 4, eff. May 28, 1987.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 212d. Access; negotiations; Commission order

§ 212d. Access; negotiations; Commission order
(a) Upon a finding by the Commission that the retail sale will promote the general good of the State under section 212c of this title, Vermont electric utility companies shall enter into negotiations for contracts with the Department that are necessary for sale and distribution, including lease of facilities, provision of services to the Department to distribute electric energy, and the assurance of adequate reliability. The rates, charges, terms, or other conditions of such contracts shall be established by negotiations or pursuant to subsection (b) of this section. No electric utility company with which the Department shares a service territory may unreasonably deny replacement power needed by the Department to assure adequate reliability of service.
(b) If, pursuant to subsection (a) of this section, the Department and a company are unable to negotiate the rates, charges, terms, or other conditions of such contracts including the assurance of adequate reliability, either may petition the Public Utility Commission to establish the rates, terms, charges, or conditions thereunder, or resolve any other related matter, as the Commission determines to be just and reasonable. The Commission shall establish rates or charges under this section to compensate or reimburse such company for all costs reasonably and necessarily incurred by it to provide such arrangements. The Commission shall offer an opportunity for commencing a hearing within 45 days of filing of the petition and shall make either a final decision or, if unable to do so, an interim decision within three months of filing of the petition. If, within three months of filing, the Commission is unable to reach a final decision on the petition, the Commission shall direct the company to provide to the Department the necessary arrangements, including if necessary or appropriate, backup reliability, and access to facilities to allow the Department to distribute the electric energy involved in its proposal on an interim basis under such interim terms and conditions as the Commission finds to be reasonable pending a final Commission decision on the petition. The Commission shall render a final decision on the petition within six months from the date it is filed. (Added 1987, No. 65, § 4, eff. May 28, 1987; amended 1999, No. 157 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 212e. Representation of public; production of records

§ 212e. Representation of public; production of records
(a) The Commission shall request the appearance of the Attorney General or shall appoint a member of the Vermont bar to represent the interests of the public or the State in any hearings before the Commission under section 212a, 212c, or 212d of this title regarding either:
(1) the sale of electrical energy by the Department of Public Service; or
(2) any other matter in which, upon petition of a company directly affected, the Commission finds that there is a conflict or a likelihood of a conflict between the Department’s role as seller or distributor of electrical energy under this section and the Department’s responsibility to represent the interests of the public or the State in that matter. The Department shall upon request provide sufficient funds to the Attorney General or person so appointed to engage necessary engineering or other technical advice.
(b) Any request by the Department of Public Service, or subpoena issued by the Department of Public Service for the production and examination of books, records, and witnesses, or to furnish information under this title, may, upon motion to the Commission by the company affected, be quashed upon a finding by the Commission that the request or subpoena would result in the production of a trade secret or other confidential research, development, or commercial information of the company which would materially disadvantage the company as a competitor to the Department in the sale or distribution of electrical energy. (Added 1987, No. 65, § 4, eff. May 28, 1987.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 212f. Identification of Department sales on bills

§ 212f. Identification of Department sales on bills
(a) Each electric company, municipal, cooperative, or private, shall print on all bill statements to customers at least the following information:
(1) the number of kilowatt hours of electricity available to the customer from the Department of Public Service per billing cycle;
(2) the number of kilowatt hours of Department electricity sold to the customer during the billing cycle; and
(3) the price to the customer of the Department’s electricity per kilowatt hour.
(b) With respect to the information itemized in subsection (a) of this section, the companies are required to identify clearly the Department of Public Service as the retail source of the electricity. (Added 1987, No. 65, § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 213. Interchange of electric facilities; power shortage

§ 213. Interchange of electric facilities; power shortage
The Public Utility Commission, in the interest of public necessity, is hereby empowered to order, in writing, a company engaged in the manufacture, transmission, distribution, or sale of electricity directly to the public or to be used ultimately by the public for lighting, heating, or power, to transport electric energy over its transmission or distribution facilities at a reasonable service charge and in such manner as the Commission shall direct when such transmission will alleviate an electric power shortage within this State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 180, § 1; 1967, No. 185, § 1, eff. April 17, 1967.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 215. Natural gas

§ 215. Natural gas
The Department of Public Service, or its duly appointed representative, is hereby authorized as an agency of the State to represent the interests of the State before the Federal Power Commission or other body in all matters relating to the transportation and distribution of natural gas into the State of Vermont or the New England states. Upon findings by the natural gas study commission that (a) the procurement of natural gas for the State of Vermont or parts thereof is economically feasible and could substantially promote the interests of Vermont consumers, domestic and industrial, and (b) that such procurement cannot be obtained by agreement between or among gas transmission or distribution companies within and outside the State, within a reasonable time, not to exceed two years, the Department of Public Service shall be also designated as the agent of the State of Vermont with full powers to act for and represent the State in any negotiations, arrangements, or proceedings for the procurement of natural gas from any source within or outside of the State of Vermont with the right, with the approval of the Governor, to contract for the purchase and transmission of such gas and the resale thereof on a nonprofit basis to the gas transmission or distribution companies, cooperative, municipal, and privately owned, without preference or discrimination, for transmission or distribution within the State. With the approval of the Governor, it may enter into contracts for the transmission of natural gas from the place of purchase to a point or points within the State of Vermont. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 2, eff. Aug. 1, 1961; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 216. Gas rate fixing

§ 216. Gas rate fixing
The Public Utility Commission, under its general jurisdiction over public utilities, shall have authority to fix rates and determine the minimum standards of service for consumers in the event natural gas shall be piped into the State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 217. Department to prosecute

§ 217. Department to prosecute
The Department of Public Service, through the Director for Public Advocacy, shall represent the public at such hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the Commission is required by law. In any proceeding, the Commission may request the appearance of the Attorney General or appoint a member of the Vermont bar to represent the interests of the public or State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 27, eff. Feb. 1, 1981.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 218b. Farm customers; energy efficiency; electric energy generation

§ 218b. Farm customers; energy efficiency; electric energy generation
Each Vermont electric distribution utility shall develop and implement comprehensive energy efficiency programs for its livestock and domestic fowl farm customers. Such programs shall include all program measures that the Public Utility Commission determines will be cost-effective as part of the utility’s least-cost integrated plan. Utilities shall file such proposed programs by August 1, 1991. The Commission shall require each utility to deliver approved program measures to farm customers as rapidly as possible thereafter, taking into consideration the need for these services, utility financial constraints, and cost-effective delivery mechanisms. (Added 1991, No. 98; amended 1997, No. 124 (Adj. Sess.), § 5, eff. April 21, 1998.)