Code of Vermont Rules › Agency 30 - PUBLIC UTILITY COMMISSION › Sub-Agency 000 - GENERAL › Chapter 5400 - REQUIREMENTS FOR PETITIONS TO CONSTRUCT ELECTRIC AND GAS FACILITIES › Section 30 000 5400 - REQUIREMENTS FOR PETITIONS TO CONSTRUCT ELECTRIC AND GAS FACILITIES

Current through June, 2024
5.401 Purpose and Applicability.
This rule establishes minimum filing requirements for petitions to construct electric generation, energy storage, electric transmission, and natural gas facilities pursuant to 30 V.S.A. §
										248   and clarifies certain parts of the Section  248   review process. This rule is not intended to replace any of the statutory requirements of Section  248. Unless specifically stated, this rule also does not replace any requirements of other Public Utility Commission ("Commission") Rules or Procedures. Unless specifically stated, the requirements of this rule do not apply to petitions filed under subsections  248(k)  or  248(n). The requirements of this rule do not apply to petitions for net-metering systems filed under Commission Rule  5.100.
5.402 Pre-Filing Advance Submission.
No less than 45 days before filing a petition with the Commission, the petitioner must submit project plans as described below. If the proposed project consists solely of the relocation of transmission facilities, the submission must be made at least 21 days before such filing. Any of the persons or entities entitled to receive notice under this section may waive the notice requirement.
(A)
Recipients Entitled to Advance Submission.
The petitioner must serve the following persons with a copy of the advance submission:
(1) the municipal legislative bodies and municipal and regional planning commissions in the communities where the project will be located;
(2) all Adjoining Landowners;
(3) the host landowner(s);
(4) the Department of Public Service;
(5) the Agency of Natural Resources;
(6) the Natural Resources Board;
(7) the Division for Historic Preservation;
(8) the Agency of Agriculture, Food and Markets; and
(9) the interconnecting utility.
For purposes of this rule, "Adjoining "Landowner" means a person who owns land in fee simple, if that land:
(a) With respect to a transmission line, will be crossed by the right-of-way for that line, shares a property boundary with such right-of-way, or would share a boundary with the right-of-way but for the presence of an intervening river, stream, public highway, or railroad line that shares a boundary with the right-of-way; or
(b) With respect to a generation facility, energy storage facility, substation, or other transmission facility not part of a transmission line, shares a property boundary with the tract of land on which that facility or substation is located or is adjacent to that tract of land and the two properties are separated only by a river, stream, railroad line, or public highway.
Adjoining Landowners must be identified using the host town's certified grand list as it existed no more than 60 days before the date of the advance submission or online through the Vermont Center for Geographic Information database, municipality-specific databases, the Vermont Department of Taxes grand lists, or electronic versions of grand lists maintained by municipalities. A petitioner must verify with the relevant municipality that the online database provides accurate and current information regarding parcel ownership within that municipality.
Documentation of verification must be signed and attested to by a petitioner.