reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 218e. Implementing State energy policy; manufacturing

§ 218e. Implementing State energy policy; manufacturing
To give effect to the policies of section 202a of this title to provide reliable and affordable energy and assure the State’s economic vitality, it is critical to retain and recruit manufacturing and other businesses and to consider the impact on manufacturing and other businesses when issuing orders, adopting rules, and making other decisions affecting the cost and reliability of electricity and other fuels. Implementation of the State’s energy policy should:
(1) encourage recruitment and retention of employers providing high-quality jobs and related economic investment and support the State’s economic welfare; and
(2) appropriately balance the objectives of this section with the other policy goals and criteria established in this title. (Added 2013, No. 199 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 219. Service

§ 219. Service
Each company subject to supervision under this chapter shall be required to furnish reasonably adequate service, accommodation, and facilities to the public. The charge made by any such company for any product or service shall be reasonable and without discrimination, except as provided in this chapter.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 221. Forms; orders

§ 221. Forms; orders
The Commission may prescribe the forms of all books, accounts, papers, and records of any public utility over which it has jurisdiction and such public utility shall keep and render its books, accounts, papers, and records accurately and faithfully in the manner and form prescribed by the Commission and comply with all orders and directions of the Commission relating to such books, accounts, papers, and records. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 223. Appeal from municipal authorities

§ 223. Appeal from municipal authorities
A person or corporation aggrieved by an order or decision of the municipal authorities made under the provisions of any statute, relative to the granting of a license or permit for location, may appeal therefrom to the Commission at any time within 30 days from the date of such order or decision. After notice and public hearing of all parties interested, as provided in section 208 of this title, the decision of the Commission thereon shall be final, subject to a right to transfer such cause to the Supreme Court as provided by section 12 of this title. (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 › § 224. Special authority to municipality, to be under supervision of Commission

§ 224. Special authority to municipality, to be under supervision of Commission
Any statute conferring authority upon municipalities to supervise or to make any order or regulation respecting any location, business, or company, subject to the provisions of this chapter, shall be construed as giving such municipalities jurisdiction without authority to alter or modify any order, judgment, decree, or regulation made by the Public Utility Commission. (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 › § 227. Suspension; refund

§ 227. Suspension; refund
(a) If the Commission orders that a change shall not go into effect until final determination of the proceedings, it shall proceed to hear the matter as promptly as possible and shall make its determination within seven months from the date that it orders the investigation unless the company consents to waive the seven-month requirement. If a company files for a change in rate design among classes of ratepayers, and the company has a rate case pending before the Commission, the Commission shall make its determination on the rate design change within seven months after the rate case is decided by the Commission unless the company consents to waive the seven-month requirement. Except when the company consents to waive the seven-month requirement, if the Commission fails to make its determination within the time periods set by this subsection, the changed rate schedules filed by the company shall become effective and final.
(b) The Commission, on its own motion, may order an investigation and hearing on the justness and reasonableness of existing rates of a company, subject to supervision under this chapter. The Commission shall proceed to hear the matter as promptly as possible and shall make every effort to make its determination within seven months from the date the proceeding was instituted. If the Commission does make its determination within such seven months, then its final order shall be retroactive to the day that the proceedings were instituted and such final order shall contain a directive that the company, other than a common carrier of passengers by motor vehicle, shall repay to the persons from whom collected between the time the proceedings were instituted and the final order all sums that the Commission determines are in excess of the rates ultimately found to be just and reasonable. If the Commission does not make its determination within seven months of the institution of the proceedings, then its final order when made shall be retroactive only to a date seven months after the institution of the proceedings and the final order shall contain a directive that the company shall repay to persons from whom collected between the date seven months after the institution of the proceedings and the determination thereof all sums that the Commission determines are in excess of the rates ultimately found to be just and reasonable. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263, § 4, eff. July 31, 1961; 1981, No. 226 (Adj. Sess.), § 5, eff. May 6, 1982; 1995, No. 182 (Adj. Sess.), § 17, eff. May 22, 1996; 2019, No. 31, § 20; 2023, No. 33, § 5, eff. July 1, 2023.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 227c. Nondominant carriers

§ 227c. Nondominant carriers
(a) The Commission may modify, reduce, or suspend the requirements under this title as applied to nondominant providers of telecommunications service. The Commission may act by rule, or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of nondominant providers, and may apply differently to each class. The Commission may modify, suspend, or reduce any or all of the regulatory requirements under sections 104, 105, 107-109, 225, 226, subsection 227(a), and sections 229 and 311 of this title.
(b) In determining whether a carrier or class of carriers is nondominant, the Commission shall consider whether the carriers have sufficient market power to set prices for the market.
(c) In determining whether to modify, reduce, or suspend regulatory requirements, the Commission shall consider whether competition in the market combined with the remaining requirements under this title:
(1) will be sufficient to ensure that the charges, practices, classifications, or regulations related to the service are just and reasonable, and are not unjustly or unreasonably discriminatory; and
(2) will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.
(d) Upon petition of the Department, the Commission shall, and upon its own initiative the Commission may, investigate whether it should reimpose any regulatory requirements which it has modified, suspended, or reduced under this section. If the Commission finds, after notice and an opportunity for hearing, and after considering the factors identified in subsection (c) of this section, that the public is not sufficiently protected, the Commission may reimpose any regulatory provisions that the Commission deems necessary. Pending any final order, the Commission may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable. (Added 1999, No. 67 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 227e. Leasing or licensing of State land; public notice

§ 227e. Leasing or licensing of State land; public notice
(a) Beginning July 1, 2011, State land may not be leased or licensed for the purpose of construction or installation of a wireless telecommunications facility, as defined in subsection 248a(b) of this title, unless authorized by the Secretary of Administration pursuant to the requirements of this section. For purposes of this section, “State land” means land owned in fee or interests in land owned by the Agency of Natural Resources. No initial lease or license, including any renewal thereof, entered into pursuant to this section shall exceed 25 years.
(b) Prior to entering into or renewing a lease or license, the Secretary shall:
(1) publish notice of the proposed telecommunications facility site in one daily newspaper of general circulation in the region of the proposed site and on the website maintained by the Agency of Administration, with appropriate hyperlinks to that website on all relevant, State-maintained websites; and
(2) send by certified mail, return receipt requested, a written notice of the proposed lease or license or renewal to the legislative body of each municipality in which such leased or licensed land is located. The notice shall include a description of the land to be leased or licensed and of the proposed telecommunications facility to be sited on the land, including the facility’s height and location. (Added 2011, No. 53, § 12, eff. May 27, 2011.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 228. Copy of schedules

§ 228. Copy of schedules
Each company, subject to the provisions of this chapter, shall keep on file in every station or office thereof where payments are made by consumers or users a copy printed in plain type of so much of its schedules as the Commission shall deem necessary. Such copy shall be in such form and place as to be readily accessible to inspection by the public. (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 › § 229. Rebates; exceptions

§ 229. Rebates; exceptions
A public service company shall not directly or indirectly or by any special rate, rebate, drawback, or other device or method make any deviation from the rates, fares, charges, or prices for any service rendered by it or in services rendered or to be rendered in connection therewith, as specified in its schedules of charges in effect at the time such service was rendered. No public service company may enter into any contract, agreement, or arrangement relating to the furnishing or rendering of any special product or special service not provided for or covered in the schedule without the prior approval of the Commission. However, nothing herein shall prohibit the giving by any such public service company of free or reduced rate service to its employees, or in case of public emergency, or to the classes defined and provided for in the act of Congress entitled “An act to regulate commerce” and acts amendatory thereof. Subject to the approval of the Commission, it shall be lawful for any public utility to make a contract for a definite term for its product or service. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263, § 5, eff. July 31, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 230. Special rate or rebate; penalty

§ 230. Special rate or rebate; penalty
Except as provided in section 229 of this title, an officer or employee of such public service company who grants a special rate or rebate or knowingly consents thereto shall be subject to a civil penalty imposed by the Commission, after notice and an opportunity for hearing, of not less than $100.00 nor more than $1,000.00. In addition, such company granting a special rate or rebate shall be subject to a civil penalty imposed by the Commission, after notice and opportunity for hearing, of not more than the larger of $10,000.00 or five times the amount of the benefit or rebate. (Amended 1961, No. 263, § 6, eff. July 31, 1961; 1995, No. 99 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 232. Sales, leases, pledges, bonds, notes; hearings

§ 232. Sales, leases, pledges, bonds, notes; hearings
(a) Except in connection with replacement or exchange, an individual, partnership, or unincorporated association conducting such public service business shall not make a sale or lease or series of sales or leases in any one calendar year constituting 10 percent or more of its property located within this State and actually used in or required for public service operations or mortgage or pledge any of its property or issue any bonds, notes, or other evidences of indebtedness without the consent of the Public Utility Commission, given on petition and after opportunity for hearing and a finding that the same will promote the general good of the State. Notice of such hearing shall be given as the Commission directs.
(b) Notwithstanding subsection (a) of this section, an individual, partnership, or unincorporated association may issue evidences of indebtedness payable within one year from date of issue without such consent provided such borrowing is necessary as an emergency to restore service immediately after disaster or provided its total evidences of indebtedness so payable within one year do not exceed 20 percent of its total assets. If such evidences of indebtedness in an amount which would cause its total evidences of indebtedness so payable within one year to exceed 20 percent of its total assets, then it shall give the Commission notice in writing of its intention so to do at least 10 days before the date of the proposed issue. If the Commission determines after considering the notice and the said individual, partnership, or unincorporated association’s report to the Commission that further inquiry is warranted, it shall order such individual, partnership, or unincorporated association not to issue such evidences of indebtedness under this subsection without the consent of the Commission given after opportunity for hearing, provided, however, that if the Commission does not make such an order within 10 days from the time it receives such notice under this subsection, then the individual, partnership, or unincorporated association may issue such evidences of indebtedness without the consent of the Public Utility Commission, and the Commission shall so notify such individual, partnership, or unincorporated association in writing.
(c) Nothing in this section shall restrict the right of a common carrier by motor vehicle to issue evidences of indebtedness payable within one year from the date of issue without prior notice to or consent by the Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 21, § 9, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 234. Appeal

§ 234. Appeal
A person, partnership, or unincorporated association aggrieved by any act or order of the Public Utility Commission may transfer such cause to the Supreme Court under the provisions of section 12 of this title. (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 › § 247. Penalty

§ 247. Penalty
In addition to any civil penalty imposed under section 30 and section 230 of this title, any person, partnership, unincorporated association, company, or corporation, or the officers of any unincorporated association, company, or corporation who violates section 230 or section 248 of this title shall be fined not more than $100.00 or imprisoned not more than 60 days, or both. (Amended 1995, No. 99 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 248c. Fees; Department of Public Service and Public Utility Commission; participation in certification and siting proceedings

§ 248c. Fees; Department of Public Service and Public Utility Commission; participation in certification and siting proceedings
(a) Establishment. This section establishes fees for the purpose of supporting the role of the Department of Public Service (Department) and the Public Utility Commission (Commission) in reviewing applications for in-state facilities under section 248 of this title. Companies that pay the gross receipts tax as provided in section 22 of this title shall not be subject to the fees established in this section.
(b) Payment. The applicant shall pay the fee into the State Treasury at the time the application for a certificate of public good is filed with the Commission in an amount calculated in accordance with this section. The fee shall be deposited into the gross revenue fund. Of the fees deposited into the gross revenue fund, 60 percent shall be allocated to the Department and 40 percent shall be allocated to the Commission.
(c) Definitions. As used in this section, “kW” and “plant capacity” have the same meaning as in section 8002 of this title.
(d) Electric and natural gas facilities. This subsection sets fees for applications under section 248 of this title.
(1) There shall be a registration fee of $100.00 for each electric generation facility less than or equal to 50 kW in plant capacity, or for a rooftop project, or for a hydroelectric project filing a net metering registration, or for an application filed under subsection 248(n) of this title.
(2) There shall be a fee of $25.00 for modifications for each electric generation facility less than or equal to 50 kW in plant capacity, or for a rooftop project, or for a hydroelectric project filing a net metering registration, or for an application filed under subsection 248(n) of this title.
(3) There shall be a fee for electric generation facilities that do not qualify for the lower fees in subdivisions (1) and (2) of this subsection, calculated as follows:
(A) $5.00 per kW; and
(B) $100.00 for modifications.
(e) Report. On or before the third Tuesday of each annual legislative session, the Department and Commission shall jointly submit a report to the General Assembly by electronic submission. The provisions of 2 V.S.A. § 20(d)(expiration of required reports) shall not apply to this report. The report shall list the fees collected and refunds approved, if any, under this section and under section 248d of this title during the preceding fiscal year. (Added 2019, No. 70, § 10.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 248d. Fee refund

§ 248d. Fee refund
If an applicant withdraws an application and seeks a fee refund, then a written request for an application fee refund shall be submitted to the Public Utility Commission (Commission) within 90 days of the withdrawal of the application.
(1) As used in this section, “agency” means the Agency of Natural Resources, the Department of Public Service, or the Commission.
(2) In the event that an application is withdrawn before any agency has filed comments expressing a position on any part of the application, filed testimony, or filed a stipulated agreement with the Commission in the context of a certificate of public good proceeding, the Commission shall, upon request of the applicant, refund 50 percent of the fee paid to each agency above the first $100.00; however, in no instance shall the agency retain more than $20,000.00.
(3) In the event that an application is withdrawn after any agency has filed comments expressing a position on any part of the application, filed testimony, or filed a stipulated agreement with the Commission in the context of a certificate of public good proceeding, the Commission shall, upon request of the applicant, refund 25 percent of the fee paid to each agency above the first $100.00.
(4) Commission decisions regarding application fee refunds may be appealed to the Vermont Supreme Court.
(5) In no event may an application fee or a portion thereof be refunded after the Commission has issued a final decision on the merits of an application, whether the decision is to grant or deny the application in whole or in part.
(6) No interest will be due or payable on any money refunded under this section. (Added 2019, No. 70, § 11.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 249. Service territories; Commission jurisdiction

§ 249. Service territories; Commission jurisdiction
(a) The Public Utility Commission shall have jurisdiction to establish service territories for companies subject to its supervision which are engaged in the distribution of electrical energy in the State and to alter those territories from time to time as conditions warrant. In establishing or in altering service territories, the Commission shall give consideration to:
(1) existing service areas;
(2) any voluntary agreements between or among two or more such companies filed with the Commission which define service territories of the companies;
(3) consistency with the orderly development of the region;
(4) natural geographical boundaries;
(5) compatibility with the interests of all consumers; and
(6) all other relevant factors.
(b) The Commission shall have power to exercise the jurisdiction conferred in this section only after due notice to all interested parties and an opportunity for a hearing, and after making findings that the service territories established or altered are consistent with the general good of Vermont. If a hearing is requested by a party or by any customer who is potentially affected by the proposed change, the Commission shall hold a hearing.
(c) In establishing service territories, the Commission may declare that specified areas are not within the service territory of any company, and may leave the assignment of such areas for later determination. (Added 1969, No. 257 (Adj. Sess.), § 3; amended 2021, No. 42, § 7.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 249a. Campground submetering

§ 249a. Campground submetering
Notwithstanding the provisions of section 249 of this title or any other provision of this title, a person operating a recreational campground may provide submetered electric service to campground users on a nonprofit basis, if such service is provided in accordance with rules adopted by the Commission, including rules relating to notice of rates and charges, accuracy of electrical submeters, and reasonable billing and complaint procedures. (Added 1995, No. 182 (Adj. Sess.), § 18, eff. May 22, 1996.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 250. Application; maps

§ 250. Application; maps
Within six months after July 1, 1970, or at such later date as the Public Utility Commission may establish, each company engaged in the distribution of electrical energy in the State shall apply to the Commission for a service territory consisting of the distribution area served by it on July 1, 1970, and any areas not presently served by it or any other electric utility company which it believes it is entitled to serve. After consideration of the factors set forth in section 249 of this title, the Commission shall establish the service territory of each company. The service territory thus established shall be defined on a map or maps approved by the Commission. In the event applications under this section are filed by more than one electric company for an area, the Commission shall, after notice and hearing, determine what part of the area as to which competing claims are filed should be awarded to the respective applicants. In the event the distribution facilities of the competing applicants are so intertwined or commingled as to make establishment of exclusive service territories impracticable, the Commission may authorize two or more companies which have filed competing applications to serve the area in conflict, subject to the provisions of section 251 of this title. (Added 1969, No. 257 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 251. Areas served by several companies

§ 251. Areas served by several companies
(a) In any area which two or more companies distributing electrical energy are authorized to serve, a company shall not construct or extend its facilities, or furnish or offer to furnish its service to any person or property presently served by another public utility, without the written consent of the other public utility, or unless the Public Utility Commission, after notice and hearing, finds and determines that the service rendered by the serving public utility is inadequate and is not likely to be made adequate.
(b) In the event service is requested for premises in an area which two or more companies distributing electrical energy are authorized to serve and have facilities available for service to the property, the public utility company the existing service facilities of which are nearest the metering point on the premises to be served shall, subject to the other applicable provisions of this section, be entitled to serve the premise.
(c) In the event that service is requested for premises not within the service territory of any company, and if more than one other public utility is available for service to the property, the public utility whose existing service facilities are nearest the metering point on the premises to be served shall, subject to the other applicable provisions of this section, be entitled to serve said premises.
(d) A company shall not construct or extend its facilities or furnish or offer to furnish its services to premises within the service territory of another company without being requested to do so by the company in whose territory the premises are located, or unless the Public Utility Commission, upon petition of the person served or to be served, after notice and hearing, finds and determines that the service rendered by such public utility in whose territory and premises are located is inadequate and will not be likely to be made adequate.
(e) In resolving any dispute under subsections (b), (c), and (d) of this section, the Commission shall consider the factors set forth in section 249 of this title. (Added 1969, No. 257 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 252. Experts, payment of expense

§ 252. Experts, payment of expense
The Public Utility Commission may employ technical and professional assistance as may be required in making the service territory determinations under sections 249-251 of this title and may allocate equitably that portion of the expense to the company or companies involved. (Added 1969, No. 257 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 253. National Environmental Policy Act review

§ 253. National Environmental Policy Act review
The Governor may authorize a State agency, including the Public Utility Commission, to participate as a lead agency or a cooperating agency in any environmental review pursuant to the provisions of the National Environmental Policy Act of 1969, as amended, of any natural gas facility, as defined in subdivision 248(a)(3) of this title, which is to be located in Vermont and which requires a federal approval pursuant to the Natural Gas Act. (Added 1987, No. 273 (Adj. Sess.), § 3, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 5 - State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department › § 254a. Joint Fiscal Committee; nuclear energy analysis

§ 254a. Joint Fiscal Committee; nuclear energy analysis
(a) The Joint Fiscal Committee may authorize or retain services or resources to assist the General Assembly:
(1) in any legislative proceeding under or related to subsection 248(e) of this title or 10 V.S.A. chapter 157; or
(2) with respect to any proceedings before any State or federal court concerning a nuclear generating plant in the State and related issues.
(b) Persons retained pursuant to subsection (a) of this section shall work under the direction of a special committee consisting of the Chairs of the House Committees on Energy and Technology and on Natural Resources, Fish, and Wildlife and the Senate Committee on Natural Resources and Energy and the Joint Fiscal Committee.
(c) The Public Utility Commission shall allocate expenses incurred pursuant to subsection (a) of this section to the applicant or the company or companies involved and such allocation and expense may be reviewed by the Public Utility Commission pursuant to section 21 of this title. (Added 2011, No. 47, §§ 20p, 20q, eff. May 25, 2011; amended 2017, No. 113 (Adj. Sess.), § 173d.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 7 - Consolidation or Merger of Corporations Under Jurisdiction of Commission › § 311. Public Utility Commission’s authority

§ 311. Public Utility Commission’s authority
A consolidation or merger under the provisions of this chapter shall not become effective without the approval of the Public Utility Commission after due notice and opportunity for hearing, and the finding on its part that such consolidation or merger will not result in obstructing or preventing competition in the purchase or sale of any product, service, or commodity, in the sale, purchase, or manufacture of which such corporations are engaged. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 21, § 11, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 9 - Dams › § 401. Lake Seymour

§ 401. Lake Seymour
The Public Utility Commission shall ascertain and establish the natural maximum and minimum water levels of Lake Seymour at the outlet, excluding from its determination of such levels the effect on natural conditions disturbed by blasting of the barrier, changes in the depth and width of the channel above and below the barrier, as well as the effect the present control dam may have on such levels. When such levels are so established, the Commission shall certify its findings to the Secretary of State and cause the same to be recorded in the offices of the town clerks of the towns of Morgan and Charleston. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 9 - Dams › § 402. Prohibition

§ 402. Prohibition
The waters of Lake Seymour shall not by any artificial means be raised higher or drawn lower, or permitted through neglect to become lower or higher, than the maximum and minimum levels established by the Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 9 - Dams › § 404. Great Averill Pond, Little Averill Pond, Norton Lake

§ 404. Great Averill Pond, Little Averill Pond, Norton Lake
The Public Utility Commission shall establish maximum and minimum water levels of Great Averill Pond, located in the towns of Averill and Norton, and Little Averill Pond, located in the town of Averill, and Norton Lake, located in the town of Norton and in Warren’s Gore, at their outlets. The Commission may revise its findings from time to time either on its own motion or on petition of interested parties and, after opportunity for hearing, establish different water levels. When such levels are so established, the Commission shall certify its findings to the Secretary of State and cause the same to be recorded in the office of the town clerk of Norton. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 21, § 12, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 9 - Dams › § 405. Prohibition

§ 405. Prohibition
The waters of Great Averill and Little Averill ponds and Norton Lake shall not by any artificial means be raised higher or drawn lower, or permitted through neglect to become lower or higher, than the maximum and minimum levels established by the Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 9 - Dams › § 406. Penalty

§ 406. Penalty
A person, firm, or corporation who violates a provision of sections 404 and 405 of this title shall be subject to penalties in the same manner as a violation of 10 V.S.A. chapter 43. (Amended 2017, No. 74, § 126.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 501. Definitions

§ 501. Definitions
As used in this chapter:
(1) “Commission” shall mean the Public Utility Commission.
(2) “Cable television system” means facilities by which television signals are received at a central location and for consideration are transmitted to customers or subscribers by means of cables or wires.
(3) “Company” or “companies” means persons, partnerships, associations, corporations, including a municipality authorized under section 513 of this title, owning or operating a cable television system, except nonprofit systems serving fewer than 100 subscribers. (Added 1969, No. 167 (Adj. Sess.), § 1, eff. Feb. 10, 1970; amended 1987, No. 271 (Adj. Sess.), § 3, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 502. Jurisdiction

§ 502. Jurisdiction
(a) A company subject to supervision under this chapter shall have the privileges provided in and be subject to the provisions of chapters 1 through 7 of this title.
(b) The Commission shall be the franchising authority in the State empowered to grant, renew, and revoke certificates of public good for all cable television systems and shall have all other authority to regulate cable television systems.
(c) In any ratemaking and certification, it shall be the continuing policy of the State of Vermont that the capital investment on which rates shall be based will be the historic original cost of the assets of the company less accumulated depreciation of those assets. (Added 1969, No. 167 (Adj. Sess.), § 1, eff. Feb. 10, 1970; amended 1979, No. 204 (Adj. Sess.), § 32, eff. Feb. 1, 1981; 1987, No. 271 (Adj. Sess.), § 4, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 503. Certification

§ 503. Certification
(a) No company may own or operate a cable television system unless it holds a certificate of public good issued by the Commission authorizing it to do so.
(b) The Commission shall hear and determine applications in accordance with the criteria of section 504 of this title and the procedures set forth in sections 102 and 231 of this title.
(c) Application for a certificate of public good shall be made in writing to the Commission and shall contain the names of the owners or incorporators of the company, a description of the territory proposed to be served, a statement as to the proposed financing for the company, and such other information as the Commission by rule requires.
(d) Existing certificates of public good shall continue in full force and effect, but shall be deemed to include all terms and conditions imposed by this chapter and by the rules of the Public Utility Commission, and any inconsistent provision of any certificate of public good shall have no force or effect.
(e) Certificates of indefinite duration may be amended to provide for a duration of 11 years and such other terms as the Commission, after opportunity for hearing, may find appropriate.
(f) Revocation for cause: At any time a certificate of public good of a company issued pursuant to this section or section 504 of this title shall be subject to revocation under the provisions of section 509 of this title, regardless of whether it is subject to review, is seeking renewal, is electing not to seek renewal, or has been denied renewal. (Added 1969, No. 167 (Adj. Sess.), § 1, eff. Feb. 10, 1970; amended 1987, No. 271 (Adj. Sess.), § 5, eff. June 21, 1988; 1993, No. 21, § 13, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 504. Certificates of public good

§ 504. Certificates of public good
(a) Certificates of public good granted under this chapter shall be for a period of 11 years.
(b) Issuance of a certificate shall be after opportunity for hearing and findings by the Commission that the applicant has complied or will comply with requirements adopted by the Commission to ensure that the system provides:
(1) designation of adequate channel capacity and appropriate facilities for public, educational, or governmental use;
(2) adequate and technically sound facilities and equipment, and signal quality;
(3) a reasonably broad range of public, educational, and governmental programming;
(4) the prohibition of discrimination among customers of basic service; and
(5) basic service in a competitive market, and if a competitive market does not exist, that the system provides basic service at reasonable rates determined in accordance with section 218 of this title.
(c) In addition to the requirements set forth in subsection (b) of this section, the Commission shall ensure that the system provides or utilizes:
(1) a reasonable quality of service for basic, premium, or otherwise, having regard to available technology, subscriber interest, and cost;
(2) construction, including installation, which conforms to all applicable State and federal laws and regulations and the National Electric Safety Code;
(3) a competent staff sufficient to provide adequate and prompt service and to respond quickly and comprehensively to customer and Department complaints and problems;
(4) unless waived by the Commission, an office that shall be open during usual business hours, and a listed, toll-free telephone number so that complaints and requests for repairs or adjustments may be received; and
(5) reasonable rules and policies for line extensions, disconnections, customer deposits, and billing practices.
(d) A certificate granted to a company shall represent nonexclusive authority of that company to build and operate a cable television system to serve customers only within specified geographical boundaries. Extension of service beyond those boundaries may be made pursuant to the criteria in section 504 of this title, and the procedures in section 231 of this title. (Added 1969, No. 167 (Adj. Sess.), § 1, eff. Feb. 10, 1970; amended 1987, No. 271 (Adj. Sess.), § 6, eff. June 21, 1988; 1993, No. 21, § 14, eff. May 12, 1993; 2017, No. 113 (Adj. Sess.), § 174.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 505. Service

§ 505. Service
No company holding a certificate of public good under this chapter may abandon or curtail any service subject to the jurisdiction of the Commission or abandon all or any part of its facilities if it would thereby effect the abandonment, curtailment, or impairment of the service, without obtaining approval of the Public Utility Commission, after notice and opportunity for hearing, and upon a finding by the Commission that the abandonment or curtailment is consistent with the public interest. (Added 1969, No. 167 (Adj. Sess.), § 1, eff. Feb. 10, 1970; amended 1993, No. 21, § 15, eff. May 12, 1993.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 506. Renewal

§ 506. Renewal
Certificates with a limited duration may be renewed during or at the end of the period, after opportunity for hearing held according to the criteria for the granting of an original certificate in section 504 of this title and after the Commission has made the finding required by that section. As part of the renewal proceedings, the Commission shall hold a public hearing. The public hearing shall either be remotely accessible or held in each county served pursuant to the certificates that are the subject of the renewal proceedings, or both. (Added 1987, No. 271 (Adj. Sess.), § 7, eff. June 21, 1988; amended 1999, No. 157 (Adj. Sess.), § 11; 2023, No. 33, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 508. Unauthorized operation; penalty

§ 508. Unauthorized operation; penalty
A person or company rendering service that is subject to the jurisdiction of the Public Utility Commission under this chapter, without holding a certificate of public good issued by the Public Utility Commission for that purpose under this chapter, may be fined not more than $1,000.00 for each day. (Added 1971, No. 202 (Adj. Sess.), § 2, eff. May 1, 1972; amended 1987, No. 271 (Adj. Sess.), § 8, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 509. Amendment and revocation; fines; assurance of discontinuance

§ 509. Amendment and revocation; fines; assurance of discontinuance
(a) For good cause, after opportunity for hearing, the Commission may amend or revoke any certificate of public good awarded pursuant to section 503 or 504 of this title.
(b) If the Commission finds that a company has violated any material provision of its certificate or this chapter, it shall allow the company a reasonable opportunity to cure the violation. Thereafter, in the event of failure to cure, the Commission may enter an order revoking the certificate. In addition, the Commission may impose a civil penalty in an amount not to exceed $1,000.00 per day nor a total of $20,000.00 for each violation unless otherwise provided in the certificate of public good, after giving due consideration to the size of the company, severity of the violation, and efforts to cure.
(c) In any case in which the Commission may revoke a certificate, in lieu thereof, the Commission may accept an assurance of discontinuance of any method, act, or practice from any company. Such assurance may include a stipulation for affirmative action by such company, payment of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or any of the above. Any such assurance of discontinuance shall be in writing and may be sought and negotiated by the Department of Public Service, subject to the approval of the Commission. Proof of a violation of such assurance shall be prima facie evidence of violation of this chapter, or of the terms and conditions of a certificate granted under this chapter. (Added 1987, No. 271 (Adj. Sess.), § 9, eff. June 21, 1988; amended 1999, No. 157 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 510. Notice to subscribers regarding quality of service

§ 510. Notice to subscribers regarding quality of service
(a) Annually, every company shall cause to be mailed to each of its subscribers a notice which:
(1) states that the Commission and the Department of Public Service desire to hear the views of subscribers regarding the quality of services provided by the cable television system and as to the reasonableness of the terms upon which such services are provided; and
(2) informs subscribers as to how to communicate their views to the Commission, to the Department, and to the company.
(b) The notice required by this section shall be in nontechnical language, comprehensible to the lay public, and in a form approved by the Commission.
(c) On or before January 30 of each year, the company shall certify to the Commission, under oath, that it has distributed the notice during the previous calendar year as required by this section. (Added 1987, No. 271 (Adj. Sess.), § 10, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 511. Extensions for transfer or sale

§ 511. Extensions for transfer or sale
At the end of a certificate period which was not renewed, or if a certificate is revoked, the Commission may grant the company a period of time, not to exceed one year, to transfer ownership or sell company assets. (Added 1987, No. 271 (Adj. Sess.), § 11, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 512. Assistance to unserved areas

§ 512. Assistance to unserved areas
(a) The legislative body of a municipality unserved by a cable television system, and which desires such service, may request the assistance of the Department of Public Service. Upon receipt of any request from a municipality in an unserved area, the Department shall analyze and define the service territory, taking particular account of the type of service that may be requested by the municipality, and the service currently provided by companies in contiguous areas. The Department shall prepare a request for proposals to provide such service and submit the request to all companies which the Department determines would likely serve the areas, and shall advertise in the local trade and press.
(b) Upon receipt of any responses to serve the municipality, the Department shall submit them together with any comment thereon to the municipality, and invite the responding companies to apply for a certificate of public good under this chapter. (Added 1987, No. 271 (Adj. Sess.), § 12, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 513. Municipal cable television systems

§ 513. Municipal cable television systems
(a) A municipality may establish de novo a cable television system in an area otherwise unserved after proceeding under section 512 of this title. A municipality may do so under this section without obtaining amendments to and General Assembly authorization of its municipal charter for that purpose. However, this section shall not be construed to affect or limit the authority of any municipality to establish and operate a cable television system under authority of a municipal charter or ordinance.
(b) A company established by a municipality under this section, shall obtain a certificate of public good for the construction or operation of a cable television system under this chapter.
(c) For the purpose of this section, a municipality shall mean any city, town, or village within this State.
(d) Prior to establishing a cable television system under this subsection, a municipality must first obtain authorization from its legislative body or voters in the manner prescribed for authorizing municipal electric plants under section 2903 or 2904 of this title. (Added 1987, No. 271 (Adj. Sess.), § 13, eff. June 21, 1988.)