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2023 Vermont Statutes › Title 30 - Public Service › Chapter 73 - Provisions Applicable to Express and Telegraph Companies › § 2601. Names of members; filing and record

§ 2601. Names of members; filing and record
Every foreign express or telegraph company shall keep on file and have recorded in the town clerk’s office in each town where such express or telegraph company has a place of business a statement of the names and residences of the persons constituting such express or telegraph company.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 73 - Provisions Applicable to Express and Telegraph Companies › § 2602. Charges restricted to tariff rate; excess recoverable

§ 2602. Charges restricted to tariff rate; excess recoverable
A telegraph or express company shall be restricted in its charges to the tariff of rates filed as provided by law. When a greater sum than its established rates is paid, the person paying the same may recover the amount so paid above such rates, with 12 percent interest thereon from the time of payment, with full costs, in an action on this statute.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 73 - Provisions Applicable to Express and Telegraph Companies › § 2604. Noncompliance; effect

§ 2604. Noncompliance; effect
An express or telegraph company shall not make contracts within the State, or enforce in the State contracts made out of it, unless such company has complied with the provisions of sections 2601-2603 of this title.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 75 - Interchange of Service Between Telegraph and Telephone Companies › § 2701. Transfer of messages and interchange of service

§ 2701. Transfer of messages and interchange of service
Whenever the Commission, after a hearing had upon its own motion or upon complaint, finds that a physical connection can reasonably be made between the lines of two or more telephone companies or two or more telegraph companies whose lines can be made to form a continuous line of communication, by the construction and maintenance of suitable connections, for the transfer of messages or conversations, and that public convenience and necessity will be subserved thereby, or finds that two or more telegraph or telephone companies have failed to establish joint rates, tolls, or charges for service by or over their lines, and that joint rates, tolls, or charges ought to be established, the Commission may, by its order, (a) require that the connection be made, except where the purpose of the connection is primarily to secure the transmission of local messages or conversations between points within the same city or town, and that conversations be transmitted and messages transferred over the connection under such rules and regulations as the Commission may establish, and (b) may prescribe through lines and joint rates, tolls, and charges to be made and to be used, observed, and enforced in the future. If the telephone or telegraph companies do not agree upon the division of the joint rates, tolls, or charges established by the Commission over the through lines, the Commission may, after further hearing, establish the division by supplemental order. (Amended 1961, No. 180, § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 75 - Interchange of Service Between Telegraph and Telephone Companies › § 2703. Telephone service

§ 2703. Telephone service
On application of a telegraph or telephone company and upon reasonable terms, a person or corporation owning, controlling, or operating a telephone exchange or service in this State shall furnish such applicant with the use of a telephone or telephones, and telephonic service and connection with the respective exchanges and the subscribers thereto, without discriminating between telegraph or telephone companies as to the connection, service, or use of instruments furnished or charges made.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 75 - Interchange of Service Between Telegraph and Telephone Companies › § 2704. Discrimination prohibited

§ 2704. Discrimination prohibited
On application of a person or corporation and tender of the charges or rental sum usual or customary for the class of service required, without discrimination for the same class of service rendered, a person or corporation owning, controlling, or operating a telephone exchange or service in this State shall furnish the applicant with the use of a telephone and telephonic service and connection with their respective exchanges and subscribers thereto. (Amended 1961, No. 180, § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 75 - Interchange of Service Between Telegraph and Telephone Companies › § 2706. Transmission of telephone messages

§ 2706. Transmission of telephone messages
A person owning, hiring, or leasing a telephone shall have the right to transmit by telephone to any telegraph company using a telephone, a message to be forwarded by telegraph, and also the right to receive from such telegraph company over such telephone wires, messages received by telegraph for such individual.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 77 - Gas and Electric Companies › § 2802. Sale and distribution; regulation

§ 2802. Sale and distribution; regulation
A person, association, company, or corporation, its successors, grantees, lessees, trustees, or receivers by whatever court appointed, that generates electric energy within the State by means of water power, or transmits in this State electric energy generated from outside the State, and which, in the location, construction, or maintenance of its generating plant, including the acquiring of water rights, flowing or ponding rights, within the State or rights-of-way, or in the establishment or maintenance of its lines for transmission of electric energy, confiscates by the exercise of the right of eminent domain, either under the general law, or if a corporation, under the provisions of its charter or general law, or has by the provisions of its charter or general law power so to do, the property of any person or any right, title, interest, easement, or estate therein, or uses a public highway for carrying its transmission lines over or along the same or beneath the surface thereof, at all reasonable times when requested so to do, shall sell and furnish at a reasonable price so much or such an amount of such electric energy as the public convenience or necessity may require to any and all persons, companies, cooperatives, and corporations, municipal, public or private, in this State, desiring to use the same in the State for heating, lighting, or power purposes or for any other public use or purpose. Such sale and distribution shall be subject to such reasonable conditions and limitations in each case as the Public Utility Commission may prescribe upon petition brought and after due notice to all parties. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 180, § 5; 1967, No. 66, § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 77 - Gas and Electric Companies › § 2803. Procedure; petition; recognizance

§ 2803. Procedure; petition; recognizance
When the parties cannot agree, the procedure for carrying out the provisions of sections 2801 and 2802 of this title shall be by petition brought by the person or party seeking to purchase and receive such electric energy against the party generating or transmitting the same to the Public Utility Commission, setting forth the purpose for which the energy is needed, the amount and such other facts as under the provisions of the section relied upon will entitle the petitioner to purchase and receive such electric energy from the petitionee, and praying that the petitionee may be called upon to answer such petition and for relief. The petitioner shall give sufficient security to the petitionee that he or she will prosecute his or her petition to effect, and pay all costs that may be awarded against him or her. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 180, § 6.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 77 - Gas and Electric Companies › § 2804. Citation; service; hearing

§ 2804. Citation; service; hearing
The petition, with a citation attached, signed by the Chair or one of the other members of the Commission, or its clerk, shall require the petitionee to appear at a certain time and place within not less than 10 days after the date of such citation. The citation, with the petition, shall be served on the petitionee like a summons, not less than six days before the date he or she is required to appear. At the required time and place, the Commission shall hear the parties and their witnesses and such other evidence as they may offer, and determine the facts and thereupon make such order and decree as the law and justice require, which order shall be final unless appealed from. The Commission may adjourn such hearing from time to time and to another place in the county, and may adjourn it elsewhere if the parties consent. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 180, § 7.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 77 - Gas and Electric Companies › § 2805. Appeal; commissioners; hearing on report

§ 2805. Appeal; commissioners; hearing on report
A party to the cause who feels himself or herself aggrieved by the final order or decree of the Commission shall have the right to take the cause to the Supreme Court. Such appeal shall be taken and the cause entered in the Supreme Court for the county where the petition and citation were returnable, in the manner and under the law and rules of procedure that govern such appeals from the Superior Court, and the Supreme Court shall have the same power therein that it has over appeals from such Superior Court. The Supreme Court, if cause is not shown to the contrary, on motion of either party, shall appoint three disinterested freeholders, residents of the county where the appeal is taken, unless otherwise agreed upon by the parties, to be commissioners, who shall appoint a time and place of hearing the matter set forth in the petition and give at least six days’ notice thereof to the parties; and, after hearing the parties, the commissioners shall report in writing the facts found by them and such other findings as the Court may direct. Upon the return of the report, either party may object to its acceptance for good cause shown and the Court may set aside the report and order a rehearing; but if the Court accepts and establishes the same, the Court may reverse or affirm the orders or decrees made by the Public Utility Commission, and may remand the cause to the Commission with such mandate as law and equity require; and the Commission shall enter an order or decree in accordance with such mandate. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 77 - Gas and Electric Companies › § 2812. Meter tests on customer’s demand

§ 2812. Meter tests on customer’s demand
Upon demand of any of its customers, a public service company that sells gas or electricity shall test without charge the meters used to measure the gas or electricity sold to such customer, provided that the customer does not request such test more frequently than once in 12 months.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 77 - Gas and Electric Companies › § 2814. Cost; report

§ 2814. Cost; report
When a customer requests a meter test within 12 months after the date of the installation or of the last previous test of his or her meter, he or she may be required by the company to make a deposit equal to the reasonable cost of such test. The amount so deposited with the company shall be refunded or credited to the customer if the meter has a positive average error, that is, is fast, in excess of four percent, otherwise such deposit may be retained by the company. A customer may be present when the company tests his or her meter or may select an expert or other representative to be present. A written report, giving the results of such test, shall be made to the customer by the company.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 77 - Gas and Electric Companies › § 2816. Civil penalty for violation of gas safety standards

§ 2816. Civil penalty for violation of gas safety standards
(a) Gas pipeline safety program. Any person who violates any statute, rule, regulation, or order of the Public Utility Commission relating to safety standards or safety practices applicable to transportation of gas through gas pipeline facilities subject to the jurisdiction of the Public Utility Commission is subject to a civil penalty of not more than $200,000.00 for each violation for each day that the violation persists. However, the maximum civil penalty shall not exceed $2,000,000.00 for any related series of violations. The penalty may be imposed by the Commission after notice to the offending person of the alleged violations and opportunity for hearing.
(b) Any civil penalty may be compromised by the Public Utility Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State to the person charged or may be recovered in a civil action based upon this section. (Added 1969, No. 94; amended 1991, No. 90; 1999, No. 157 (Adj. Sess.), § 14; 2007, No. 145 (Adj. Sess.), § 6; 2013, No. 132 (Adj. Sess.), § 1, eff. May 20, 2014.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2901. Definitions

§ 2901. Definitions
In this chapter, unless the context otherwise requires, the following words shall have the following meanings:
(1) “Commission” means the Public Utility Commission of this State.
(2) “Legal voter” means a person qualified to vote under the provisions of 17 V.S.A. § 2121.
(3) “Municipal plant” means any plant or system owned and operated by any municipality for the manufacture, distribution, purchase, and sale of electricity or the manufacture, distribution, purchase, and sale of gas.
(4) “Municipality” means any city, town, or village within this State.
(5) “Utility” means any person or corporation engaged in the manufacture, distribution, and sale of gas and electricity in this State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2017, No. 113 (Adj. Sess.), § 175.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2902. Powers of municipalities

§ 2902. Powers of municipalities
(a) In accordance with this chapter, a municipality may buy and sell electric current for domestic use and for commercial purposes and construct, purchase or lease, and maintain and operate one or more plants for the manufacture, distribution, purchase, and sale of gas or electricity for the use of such municipality and for the use of the residents of such municipality and for such other customers outside such municipality as the Commission may approve unless otherwise provided for in this chapter. For such purposes a municipality may purchase and hold in fee simple or otherwise any real or personal estate and any rights therein, including water rights and may do all other things necessary for carrying into effect the purposes of this chapter and may excavate and dig conduits and ditches in any highway or other land or place, and erect poles, place wires, and lay pipes for the transmission and distribution of electricity and gas, in such places as may be deemed necessary and proper and in all such respects such municipality shall have the same privileges and be subject to the same restrictions as are provided for public service corporations in chapters 71, 73, and 75 of this title. Such municipality may change, enlarge, and extend the same from time to time and maintain the same, having due regard for the safety and welfare of its citizens and security of the public travel.
(b) The obligations of any municipal electric utility under any contract authorized by this section or other applicable law shall not be deemed to constitute an indebtedness or a lending of credit of the municipal electric utility, nor shall such obligations be included in computing the borrowing capacity of any such municipal electric utility. These obligations of municipal electric utilities shall be treated as expenses of operating their electric plants, and shall constitute special obligations of such municipal electric utilities payable solely from the revenues and other moneys derived by them from their electric departments or systems. The liability of these municipal electric utilities from other funds is limited to obligations undertaken by them to pay for the electric power and energy used by them. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1989, No. 112, § 3a, eff. June 22, 1989.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2903. Authorization by voters; cities

§ 2903. Authorization by voters; cities
(a) A city may acquire or construct a plant:
(1) when proposed by a three-fifths vote of its legislative body, subject to the veto power of the mayor under the provisions of its charter; or
(2) when proposed by a petition signed by 10 percent of the voters of the city;
provided that
(3) within one year from the date of the affirmative vote of the legislative body or the date of submission of the petition, three-fifths of the voters present and voting by Australian ballot at a regular, duly warned annual city meeting approve the acquisition or construction of the plant.
(b) At least 20 days before the annual meeting, the legislative body shall hold a public hearing on the issue of acquisition or construction, giving notice of the public hearing in the same manner as it is given for the annual meeting. If the date of the affirmative vote of the legislative body or the date of submission of the petition too closely precedes the date of the annual meeting to permit the question to be duly warned at that meeting or to permit the duly warned public hearing before that meeting, the question may be decided at the next annual meeting without another proposal by the legislative body or by the voters. In case the voters of the city fail to approve the proposal submitted to them, no similar vote shall be taken until the next annual city meeting. (Amended 1979, No. 183 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2904. Towns and villages

§ 2904. Towns and villages
A town or village may acquire or construct a municipal plant, when authorized by three-fifths of the legal voters present and voting by Australian ballot at any annual meeting duly warned. At least 20 days before the annual meeting, the legislative body shall hold a public hearing on the issue of acquisition or construction, giving notice of the public hearing in the same manner as it is given for the annual meeting. In case the voters of the town or village fail to approve the proposal submitted to them, no similar vote shall be taken until the next annual meeting. (Amended 1979, No. 183 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2905. Indebtedness

§ 2905. Indebtedness
A municipality that has voted according to the provisions of this chapter to acquire or construct a municipal plant may incur debt for the purpose of establishing, purchasing, constructing, extending, or enlarging it, but subject to the provisions of law limiting municipal indebtedness. Nothing herein shall be construed to affect the rights of any municipality now or hereafter incurring debt under 24 V.S.A. § 1822.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2906. Existing plants

§ 2906. Existing plants
Within 30 days after the passage of the ratifying vote provided for in section 2903 of this title or the vote provided for in section 2904 of this title, the mayor of the city, the selectboard of the town, or the trustees of the village shall notify in writing any utility engaged, at the time of the vote required by such sections, in generating or distributing gas or electricity for sale in such municipality, of such vote and request such utility whether it elects to sell and at what price, in the manner hereinafter provided, that portion of its plant and property located within such municipality which is suitable for and used in connection with the business of such utility, and that portion, if any, lying outside such municipality, which such municipality proposes to purchase.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2907. Utility to accept or reject offer to purchase

§ 2907. Utility to accept or reject offer to purchase
The utility shall reply to such request by delivering its answer in writing to the mayor of the city, the selectboard of the town, or the trustees of the village, within 90 days of the receipt of such request. If the reply is in the negative or if the reply is not made within such period of 90 days as aforesaid, the utility thereby waives any right it may have had to require the purchase of its plant and property by the municipality. If the reply is in the affirmative, it shall, within 90 days, submit the price and terms which it is willing to accept for all such plant and property, together with a detailed schedule of all the plant and property it proposes to sell to such municipality. Such plant and property shall at all reasonable times thereafter be open to the examination of the authorities and experts of the municipality or any other persons or boards charged with the duty of determining the fair value of such property.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2908. Agreement on price not binding unless ratified

§ 2908. Agreement on price not binding unless ratified
The mayor and council of a city, the selectboard of a town, or the trustees of a village may negotiate and agree with the utility upon the price to be paid for the plant and property. However, any agreement shall not be binding upon any municipality until ratified by three-fifths of the voters present and voting by Australian ballot at a duly warned annual or special meeting which is preceded by at least 20 days by a public hearing on ratification of the agreement. Notice of the public hearing shall be given in the same manner as it is given for the annual meeting. A ratifying vote shall be had within six months from the date of the filing of the reply provided in section 2907 of this title. (Amended 1979, No. 183 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2909. Hearing before Commission on failure to agree

§ 2909. Hearing before Commission on failure to agree
If the municipality does not ratify such agreement for the purchase in the manner provided in section 2908 of this title or if the price cannot be agreed upon or if it cannot be agreed as to how much, if any, of such plant and property lying outside such municipality the public interest requires such municipality to purchase, either the municipality or the utility may petition the Commission for a determination of these questions. The Commission, after proper notice and hearing, shall decide the amount of just compensation and any other matters in dispute, and shall also, when required to fix the price to be paid for such plant and property, determine the amount of damages, if any, caused by the severance of the plant and property proposed to be purchased from the other plant and property of the utility. The Commission shall make its determinations on or before 12 months after the filing of the petition. The Commission may extend the time for determination an additional six months upon agreement of all of the parties or, absent such an agreement, upon a finding by the Commission, after notice and hearing, that such an extension is necessary to prevent injustice to one or more of the parties. From such determinations, there shall be the right of appeal to the Supreme Court on all matters involved as provided in chapter 1 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2003, No. 121 (Adj. Sess.), § 99, eff. June 8, 2004.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2910. Taking utility property by eminent domain

§ 2910. Taking utility property by eminent domain
If the utility shall have replied in the negative or if it shall have failed to reply within the time prescribed in section 2907 of this title, the municipality, in the event that it shall have passed the votes required in sections 2903 and 2904 of this title, may take such private plant and property by the exercise of the right of eminent domain, paying therefor just compensation determined in the manner provided in section 2909 of this title, or, after the Commission upon proper notice and hearing has determined that it will promote the general good of the State so to do, may construct a municipal plant. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2911. Effect of negative vote for acquisition of utility property

§ 2911. Effect of negative vote for acquisition of utility property
Within 90 days of the final determination of the price to be paid for the plant and property, as well as the amount of the plant and property to be taken or acquired under the provisions of section 2909 or 2910 of this title, the municipality shall decide whether or not to take the plant or property at that price by a vote taken pursuant to procedures similar to those used in obtaining a ratifying vote as provided in section 2908 of this title. If that vote is in the negative, no other action under this chapter shall be had during the ensuing period of one year. (Amended 1979, No. 183 (Adj. Sess.). § 4.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2912. Operation in other municipalities

§ 2912. Operation in other municipalities
A municipality, which has acquired the plant, property, or facilities of a utility in any other municipality in accordance with the provisions of sections 2906-2911 of this title, may thereafter operate therein as a public utility with the same rights and franchises that the owners of such outlying plant had prior to acquisition under the terms of this chapter. Such operation shall be subject to the same jurisdiction, control, and regulation by the Commission as would any other public utility so operating. If the outlying municipality shall itself vote to establish a municipal plant, all the provisions of this chapter shall be applicable. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2913. Extension into other municipalities

§ 2913. Extension into other municipalities
After notice and public hearing, the Commission may authorize a municipality that has acquired or constructed and is operating a municipal plant to extend its mains or lines into an adjoining municipality in order to distribute and sell gas or electricity therein, provided that such outlying municipality is not then being supplied with gas or electricity by a municipal plant or by a utility or provided that the Commission finds that it will promote the general good of the State so to do. Such authorization shall be upon such terms and conditions and with such limitations and restrictions as the Commission finds will promote the general good of the State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2914. Condemnation

§ 2914. Condemnation
When it is necessary that a municipality that has voted to establish a municipal plant should 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 operation of its municipal plant, it may condemn such property or right in the manner prescribed for public service corporations in chapter 3 of this title.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2915. Commissioners

§ 2915. Commissioners
For the more convenient management of any such municipal plant, any such municipality may vest the construction, management, control, and direction of the same in a board of commissioners to consist of three or more citizens of such municipality, such commissioners to have such powers and duties relating to the construction, management, control, and direction thereof as the municipality may prescribe. Their term of office shall be for three years and until their successors are elected and qualified. The first board of commissioners may be chosen for terms of one, two, and three years, respectively, by the legal voters of the municipality at the same meeting or election at which the provisions of this chapter are accepted, or at any special meeting or election thereafter called for that purpose, and their successors shall be elected thereafter in manner or form as the city or town may determine, provided that the term of service of the commissioners first elected shall be designated at the time of their election.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2916. Appointment

§ 2916. Appointment
The commissioners may be appointed by the mayor and board of aldermen or city council or by the selectboard of the town or by the trustees of the village, if the municipality fails to elect or shall vote to authorize the mayor and board of aldermen or city council or selectboard or trustees to appoint. If a vacancy occurs, it may be filled by the legislative branch.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2917. Compensation

§ 2917. Compensation
The compensation of the commissioners shall be fixed by the legislative body of the municipality. They shall be sworn to the faithful discharge of their duties. They shall annually organize by choosing one of their number as chair of their board. They shall appoint a clerk who shall record the same in his or her records. The commissioners shall fix the compensation of all officers and agents appointed by them.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2918. Reports

§ 2918. Reports
The commissioners shall annually, or when requested by the legislative body, make a report to the municipality, at the time other officers of the municipality report, of the condition of the plant financially and otherwise, showing the funds belonging to their department and the expenses and income thereof with such other facts and information as the voters should have, which report shall be published annually.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2919. Appropriations

§ 2919. Appropriations
Any municipality having a municipal plant may appropriate money for the maintenance and operation of such plant, specifying that the same shall be taken from the receipts of the department. Where such appropriations are made, the treasurer of the municipality, in advance of the collection of such receipts, may pay bills on account of such appropriations, and any sum so advanced shall be repaid to the municipality from such receipts, when collected, and shall be applied as reimbursement to the municipality or to the payment of any temporary loan made by the municipality in anticipation of revenue of that year.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2920. Abandonment

§ 2920. Abandonment
A municipality that has established a municipal plant shall not abandon by sale of such plant or otherwise the distribution of gas or electricity to its consumers until such sale or abandonment has been authorized in the manner and by the votes prescribed for the acquisition of such municipal plants by sections 2903 and 2904 of this title and until the Commission, after notice and a public hearing, has determined that the facilities for furnishing and distributing gas and electricity in the territory served by such plant will not thereby be diminished, and that such sale or abandonment and the terms thereof will promote the general good of the State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2922. Other municipalities

§ 2922. Other municipalities
Notwithstanding any other provisions of this chapter, after any part of this chapter takes effect, no municipality operating an electric plant or distribution system, whether under authorization of this chapter or any other general law or special act, shall extend its service lines into any area outside its borders where electric service is otherwise then available, except with the consent of the municipality in which such outside area is located. Such consent shall be given only after application therefor to the legislative body of the town or city in which it is sought to extend the lines. Such body shall fix a time and place for hearing on such application and post a notice thereof in the office of the clerk of the town or city, as the case may be, at least 30 days before such time fixed for hearing. At such hearing or some adjourned session thereof such legislative body shall determine whether such consent is in the public interest, and shall issue or withhold its certificate accordingly. However, such legislative body shall not act with reference to the issuance of such certificate contrary to the action, if any, of the legal voters of such municipality, taken at any annual or special meeting thereof duly warned.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2923. Rate of return

§ 2923. Rate of return
(a) In determining rates charged by a municipal plant, the Public Utility Commission shall allow, in addition to all other factors, a reasonable rate of return on capital investments. The return shall be commensurate with that permitted private utilities having corresponding risks and equivalent to that necessary for private utilities to assure confidence in the financial integrity of the enterprise so as to maintain its credit and attract new capital.
(b) Revenue received as a return on capital investment shall be retained by the municipal utility and held in a contingent fund for use by it in that or any subsequent fiscal year. (Added 1973, No. 186 (Adj. Sess.), § 1, eff. March 30, 1974.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2924. Approval by voters of municipality

§ 2924. Approval by voters of municipality
(a) With respect to matters not subject to section 248 of this title, a municipal department established under this chapter or local charter shall obtain the approval of the voters of the municipality before in any way:
(1) purchasing electric capacity or energy from outside the State:
(A) for a period exceeding five years, that represents more than three percent of its historic peak demand, unless the purchase is from a plant that produces electricity from renewable energy; or
(B) for a period exceeding 10 years, that represents more than 10 percent of its historic peak demand, if the purchase is from a plant that produces electricity from renewable energy;
(2) investing in an electric generation or transmission facility located outside this State; or
(3) beginning site preparation for or construction of an electric generation facility within the State, or an electric transmission facility within the State that is designed for immediate or eventual operation at any voltage or exercising the right of eminent domain in connection with site preparation for or construction of any such transmission or generation facility, except for the replacement of existing facilities with equivalent facilities in the usual course of business.
(b) A municipal department shall obtain the approval required by subsection (a) of this section by a vote of a majority of the voters of the municipality voting upon the question at a duly warned annual or special meeting to be held for that purpose. Prior to the meeting, the municipal department may provide to the voters an assessment of any risks and benefits of the proposed action.
(c) In this section, “plant” and “renewable energy” have the same meaning as in section 8002 of this title. (Added 1985, No. 48, § 5; amended 2015, No. 130 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 79 - Municipal Plants › § 2925. Conservation and load management

§ 2925. Conservation and load management
(a) Municipal electric utilities may expend their funds, including the proceeds of their notes, bonds, or other obligations, for the purposes of modifying demand for electric capacity or energy through conservation or load management by participation in such facilities, projects, and programs as the legislative body or other governing body of the municipal electric utility determines will effectively accomplish such purposes. Such facilities, projects, and programs may include providing or financing facilities or programs for conservation or load management, which may be (i) owned or operated by the municipal electric utility or by others, (ii) leased or licensed by the municipal electric utility to others, or financed by loans by the municipal electric utility to others, in either case on such terms and conditions as the legislative body or other governing body of the municipal electric utility may determine.
(b) A municipal electric utility may issue its notes, bonds, or other obligations pursuant to any statutory authority conferring such power for carrying out the purposes of this section. (Added 1989, No. 112, § 5, eff. June 22, 1989.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3001. Definitions

§ 3001. Definitions
As used in this chapter, unless the context otherwise requires, the following words shall have the following meanings:
(1) “Cable television” means cable television system as defined in chapter 13 of this title.
(2) “Community development” means the economic and social development of communities through commercial and industrial development, creating job opportunities and training for rural residents, and providing better housing, health, educational, recreational, and other rural community facilities.
(3) “Cooperative” means a corporation organized under this chapter or which becomes subject to this chapter in the manner hereinafter provided.
(4) “Energy” includes electrical, propane, natural gas, fossil fuels, and other forms of energy.
(5) “Interactive media” means communications media that is regularly used to transmit information in two directions.
(6) “Internet” means collectively the computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected network of networks that employ the transmission control protocol/Internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of any kind, whether by wire or wireless means.
(7) “Internet access” means service connecting customers to the Internet.
(8) “Person” means a natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or a body politic or other entity.
(9) “Telecommunications” means one or more of the following as defined in chapter 88 of this title:
(A) basic telecommunications service;
(B) private network;
(C) public switched network;
(D) telecommunications service;
(E) telecommunications service provider. (Amended 1999, No. 143 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3001a. Purpose

§ 3001a. Purpose
Cooperatives may be organized under this chapter for the purpose of creating or supplying energy, cable television, telecommunications, interactive media, and Internet access and facilitating and extending the use thereof, and in addition, any other lawful business not inconsistent with this chapter that utilizes the electric distribution facilities of the cooperative. (Added 1999, No. 143 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3002a. Obligations treated as expenses

§ 3002a. Obligations treated as expenses
The obligations of any cooperative under any contract authorized under section 3002 of this title shall not be deemed to constitute an indebtedness or a lending of credit of the cooperative, but shall be treated as expenses of operating an electric plant. (Added 1989, No. 112, § 3b, eff. June 22, 1989.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3003. Name

§ 3003. Name
The name of a cooperative governed by this chapter shall include the words “energy” or a word designating any specific form of energy such as “electric,” “propane,” or “natural gas” and “cooperative” and the abbreviation “inc.” unless, in an affidavit made by its president or vice president and filed with the Secretary of State, or in an affidavit made by a person signing articles of incorporation, consolidation, merger, or conversion, which relate to such cooperative and filed, together with such articles, with the Secretary of State, it shall appear that the cooperative desires to do business in another state and is or would be precluded therefrom by reason of the inclusion of such words or either thereof in its name. The name of a cooperative shall be distinct from the name of any other cooperative or corporation organized under the laws of, or authorized to do business in, this State. (Amended 1999, No. 143 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3005. Articles of incorporation, contents

§ 3005. Articles of incorporation, contents
Articles of incorporation of a cooperative shall recite that they are executed pursuant to this chapter and shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of the incorporators; and (4) the names and addresses of its directors; and may contain provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and not repugnant to the constitution or laws of this State. Such articles shall be signed by each incorporator and acknowledged by at least two of the incorporators, or on their behalf, if they are cooperatives. The purposes of the cooperative shall be set forth in the articles of incorporation, but it is not necessary to set forth its corporate powers. (Amended 1999, No. 143 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3006. Bylaws

§ 3006. Bylaws
The board of directors shall adopt bylaws of a cooperative to be adopted following an incorporation, conversion, merger, or consolidation. Thereafter the members shall adopt, amend, or repeal the bylaws pursuant to the provisions thereof but in no case by the vote of less than a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members and directors and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation. (Amended 1959, No. 165; 1999, No. 143 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3007. Members, qualifications

§ 3007. Members, qualifications
Each incorporator of a cooperative shall be a member thereof, but no other person may become a member thereof unless such other person uses electric energy or other services, goods, or products furnished by the cooperative when they are made available through its electric distribution facilities, or a person may become a member by purchasing and paying the cooperative for renewable energy certificates or other environmental attributes associated with the generation of electricity. A member of a cooperative who ceases to use electric energy shall cease to be a member if he or she does not use electric energy supplied by the cooperative within six months after it is made available, or if electric energy is not made available by the cooperative within two years after he or she becomes a member or some lesser period as the bylaws of the cooperative may provide. Two or more owners or occupants of property served by a cooperative may hold a joint membership in a cooperative. Membership in a cooperative shall not be transferable, except as provided by the bylaws. The bylaws may prescribe additional qualifications and limitations in respect to membership. (Amended 1999, No. 143 (Adj. Sess.), § 7; amended 2005, No. 61, § 14.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3008. Meetings

§ 3008. Meetings
An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws. Special meetings of the members may be called by the president, by the board of directors, by three directors, or by not less than 10 percent of the members. All meetings of members shall be called at and held in some convenient public place in this State. (Amended 1999, No. 143 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3009. Notice of meeting

§ 3009. Notice of meeting
Except as otherwise provided in this chapter, written or printed notice stating the time and place of each meeting of the members, and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than 10 nor more than 25 days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the U.S. mail with postage prepaid addressed to the member at his or her address as it appears on the records of the cooperative.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 81 - Electric Cooperatives › § 3010. Members necessary for quorum

§ 3010. Members necessary for quorum
Unless the bylaws prescribe the presence of a greater percentage or greater number of members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative having not more than 1,000 members, shall be 10 percent of all members, and of a cooperative having more than 1,000 members, shall be 100 members. For the purpose of determining the presence of a quorum under this section, all members shall be counted who are either present in person or who vote on business transacted at the meeting in a manner allowed under section 3011 of this title. If less than a quorum is present at a meeting, a majority of those present in person may adjourn the meeting from time to time without further notice but no business may validly be enacted at any meeting without the presence of a quorum. (Amended 1999, No. 143 (Adj. Sess.), § 9.)