Code of Vermont Rules › Agency 30 - PUBLIC UTILITY COMMISSION › Sub-Agency 000 - GENERAL › Chapter 056 - REQUIREMENTS FOR PETITIONS TO CONSTRUCT ELECTRIC AND GAS FACILITIES PURSUANT TO 30 V.S.A. Section 248 (5.400) › Section 30 000 056 - REQUIREMENTS FOR PETITIONS TO CONSTRUCT ELECTRIC AND GAS FACILITIES PURSUANT TO 30 V.S.A. Section 248 (5.400)

Current through June, 2024
Section 5.401 Purpose
			 and Applicability
This rule establishes minimum filing
				requirements for petitions to construct electric generation, electric
				transmission, and natural gas facilities pursuant to
				30
				V.S.A. §
											248. In addition, the
				rule clarifies certain facets of the Section
				248
				review process. This rule is not intended to supplant any of the
				requirements of Section
				248.
				Unless specifically stated, this rule does not supplant any
				requirements of other Public Utility Commission ("Commission") Rules
				and Procedures. Unless specifically stated, the requirements of this
				rule do not apply to petitions filed under sub sections
				248(j)
				or
				248(k).
				The requirements of this rule do not apply to petitions for net
				metering systems filed under Commission Rule 5.100.
Section 5.402 Filing Requirements
(A) Submission to Local and
			 Regional Bodies. Prior to filing the petition with the Commission,
			 the petitioner shall submit plans for construction to affected
			 municipal and regional planning commissions, and municipal
			 legislative bodies. This submission shall be made at least 45 days
			 prior to filing the petition with the Commission, except that the
			 submission shall be made at least 21 days prior to such filing if the
			 proposed project consists solely of the relocation of transmission
			 facilities. This notice shall include a reference to the Commission's
			 "Guide to the Vermont Public Utility Commission's Section
			 248
			 Process," available on the Commission's website. At this time,
			 petitioner shall inform the municipal and regional planning
			 commissions of the requirement in Section
			 248(f)
			 that "Such commissions shall make recommendations, if any, to the
			 Public Utility Commission and to the petitioner at least 7 days prior
			 to filing of the petition with the Public Utility Commission" and of
			 the opportunity for those commissions to provide revised
			 recommendations pursuant to Commission Rule 5.402(A)(1)(b), below.
			 Petitioner must inform the municipal and regional planning
			 commissions of its intended filing date. Any of the entities entitled
			 to receive notice under this section may waive the 45-day notice
			 requirement.
(1) In its review of
			 the proposed project under Section
			 248(b)(1),
			 the Commission will give due consideration to any recommendations
			 filed by municipal and regional planning commissions at least seven
			 days prior to the intended filing date and any revised
			 recommendations filed within 45 days after the date that the petition
			 is filed with the Commission pursuant to Commission Rule 5.402(A)(2)
			 below.
(2) Affected
			 municipal and regional planning commissions may provide revised
			 recommendations within 45 days of the date on which petitioner has
			 filed a petition with the Commission if the petition contains new or
			 more detailed information that was not previously included in the
			 petitioner's filing with the municipal and regional planning
			 commissions pursuant to Section
			 248(f).
(3) Recommendations made to the
			 Commission pursuant to Section
			 248(f),
			 or the lack of such recommendations, shall not preclude municipal and
			 regional planning commissions from presenting evidence during
			 technical hearings if granted party status.
(4) The plans for construction
			 submitted under this subsection must include sufficient information
			 to understand the overall proposed project, including but not limited
			 to: identification and analysis of aesthetic impact; project plans in
			 as much detail as the petitioner reasonably can provide (including a
			 schematic); a description of how equipment and materials will be
			 transported to the site; and plans which indicate the approximate
			 location of all proposed new infrastructure (e.g., transmission,
			 substation, roads, etc.) relative to the existing conditions. With
			 the construction plans, the petitioner shall include a description of
			 its evaluation of alternatives to the proposed project and the
			 reasons why those alternatives were rejected.