Title 30, Title 30: Public Service

§ 12. Review by Supreme Court A party to a cause who feels aggrieved by the final order, judgment, or decree of the Commission may appeal to the Supreme Court. However, the Commission, in its discretion and before final judgment, may permit an appeal to be taken by any party to t…

§ 14. Powers of Supreme Court The Supreme Court may reverse or affirm the judgments, orders, or decrees of the Commission and may remand a cause to it with such mandates, as law or equity shall require; and the Commission shall enter judgment, order, or decree in accordance with …

§ 15. Decree of Commission; enforcement A party to an order or decree of the Public Utility Commission or the Commission itself, or both, may complain to the Supreme Court for relief against any disobedience of or noncompliance with such order or decree. In such proceedings and u…

§ 17. Fees of witnesses; duties of clerk The fees of witnesses before the Commission shall be the same as in the Superior Court. In all causes on behalf of or for the convenience or safety of the public, and in the investigation of accidents, the fees of witnesses and the expense…

§ 18. Production and examination of books; witnesses So far as is necessary for the performance of its duties, the Public Utility Commission or the Commissioner of Public Service, the Directors for Public Advocacy and Regulated Utility Planning, and any other employee of the Depa…

§ 19. Experts With the approval of the Governor, the Commission may appoint and employ, at the expense of the State, engineers, accountants, legal counsel, and such number of clerks, stenographers, experts, and temporary employees as it deems necessary in the performance of its d…

§ 2. Department powers (a) The Department of Public Service shall supervise and direct the execution of all laws relating to public service corporations and firms and individuals engaged in such business, including the: (1) formation, organization, ownership, and acquisition of f…

§ 20. Particular proceedings and activities; personnel (a)(1) The Commission or the Department of Public Service may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services…

§ 21. Particular proceedings and activities; assessment of costs (a) An agency may allocate the portion of the expense incurred or authorized by it in retaining additional personnel pursuant to section 20 of this chapter to the applicant or the company or companies involved. As u…

§ 22. Tax to finance Department and Commission (a) For the purpose of maintaining the Department of Public Service and Public Utility Commission, including expenses related to maintaining an adequate engineering, legal, and administrative force in the Department of Public Service…

§ 22a. Use of gross operating revenues tax Expenses incurred by the Department for the support of activities relating to wholesale and retail sales of electricity shall be paid from revenues received by the Department from such sales. (Added 1987, No. 272 (Adj. Sess.), § 2.)

§ 23. Public Service Reserve Fund There is created a fund to be known as the Public Service Reserve Fund for the purpose of providing the financial means for the Public Utility Commission and the Department of Public Service to employ legal counsel, official stenographers, and di…

§ 24. Payments from special funds; biennial report All payments from the special fund for the maintenance of the engineering and accounting forces and from the Public Service Reserve Fund shall be dispensed from the State Treasury only upon warrants issued by the Commissioner of …

§ 25. Assessment When the Department of Public Service discovers from the examination of the return or otherwise that the revenue of any company, or any portion of it, has not been assessed, it may at any time within two years after the time when the return was due, assess the sa…

§ 26. Penalty When such annual report for any year is not rendered to the Department of Public Service and the tax due thereon is not paid on or before April 15 next following, there shall be added to the tax an additional amount equal to five percent thereof or $1.00, whichever …

§ 27. Review The assessment by the Commission or Department of Public Service of any tax or penalty under the provisions of sections 20–25 of this chapter may be appealed to the Washington Superior Court. The appeal shall be filed within 90 days after the receipt by the company o…

§ 28. Hearings For the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the taxes due from any company, the Department of Public Service shall have power to examine or cause to be examined by any agent or representative designated …

§ 29. Right of inspection The Public Utility Commission or the Commissioner of Public Service, the Directors for Public Advocacy and Regulated Utility Planning, and other employees of the Department authorized by the Commissioner may, during business hours, enter the offices, pla…

§ 3. Public Utility Commission (a) The Vermont Public Utility Commission shall consist of a chair and two members. The Chair and each member shall not be required to be admitted to the practice of law in this State. (b) The Chair shall be nominated, appointed, and confirmed in th…

§ 30. Penalties; affidavit of compliance (a)(1) A person, company, or corporation subject to the supervision of the Commission or the Department of Public Service, who refuses the Commission or the Department of Public Service access to the books, accounts, or papers of such pers…

§ 31. Depositions The Commission or the Department of Public Service, their representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in such manner and used for such purp…

§ 32. Injunction proceedings Whenever the Department of Public Service is of the opinion that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Commission or is doing anything or permitt…

§ 33. Joint hearings and investigations The Commission shall have full authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or a…

§ 34. Public education on propane tank safety The General Assembly finds that there is a need for a coordinated public safety message on the normal storage and handling of propane tanks and fuel oil tanks, and for the recovery of propane tanks and fuel oil tanks that are displace…

§ 4. Qualifications of members, commissioners, and clerk A person in the employ of or holding any official relation to any company subject to the supervision of the Commission, or engaged in the management of such company, or owning stock, bonds, or other securities thereof, or w…

§ 5. Clerk; oath The Commission shall appoint a clerk, who shall serve during its pleasure. The Commission members and clerk shall be sworn to the faithful discharge of the duties of their offices and, before entering upon the same, shall file a certificate of their oaths for rec…

§ 6. Powers and duties of clerk The clerk shall have the custody of the seal of the Commission, keep a full record of its proceedings, file and preserve at its office all documents and papers entrusted to his or her care, prepare such papers and notices as may be required by the …

§ 7. Quorum; meetings Two Commission members shall constitute a quorum for the transaction of any business. Meetings of the Commission may be held at any time or place within the State upon call of the Chair or the other two members, after a reasonable notice to the other members…

§ 8. Powers of single Commission member or other officer or employee (a) One Commission member or any officer or employee of the Commission duly appointed by the Chair of the Commission may inquire into and examine any matter within the jurisdiction of the Commission. (b) A heari…

§ 9. Court of record; seal The Commission shall have the powers of a court of record in the determination and adjudication of all matters over which it is given jurisdiction. It may render judgments, make orders and decrees, and enforce the same by any suitable process issuable b…

§ 51. Residential building energy standards; stretch code (a) Definitions. In this subchapter, the following definitions apply: (1) “Builder” means the general contractor or other person in charge of construction, who has the power to direct others with respect to the details to …

§ 52. Home energy rating organization accreditation (a) The Department of Public Service shall carry out an accreditation process for home energy rating organizations, in consultation with representatives of interested parties, including builders, building designers, mortgage len…

§ 53. Commercial building energy standards (a) Definitions. In this subchapter, “commercial buildings” means all buildings that are not residential buildings as defined in subdivision 51(a)(2) of this title or farm structures as defined in 24 V.S.A. § 4413. (1) The following comm…

§ 54. Compliance plan The Commissioner of Public Service: (1) Shall issue a plan for achieving compliance with the energy standards adopted under this subchapter no later than February 1, 2017 in at least 90 percent of new and renovated residential and commercial building space. …

§ 55. Priority housing projects; stretch code A priority housing project as defined in 10 V.S.A. § 6001 shall meet or exceed the stretch codes established under this subchapter by the Department of Public Service. (Added 2017, No. 69, § H.6, eff. June 28, 2017.)

§ 61. Definitions As used in this subchapter: (1) “Benchmarking” means measuring the energy performance of a single building or portfolio of buildings over time in comparison to other similar buildings or to modeled simulations of a reference building built to a specific standard…

§ 63. Multiunit buildings; access to aggregated data (a) Obligation; aggregation and release of data. On request of the owner of a multiunit building or the owner’s designated agent, each distribution company and energy efficiency utility shall aggregate monthly energy usage data…

§ 101. Corporations subject to Commission; formation (a) Subject to the additional or varied requirements of this chapter, a corporation may be formed pursuant to the provisions of the general corporation law for the sole purpose of conducting any one or more of the kinds of busi…

§ 102. Petition; hearing; certificate (a) Before the articles of incorporation are transmitted to the Secretary of State, the incorporators shall petition the Public Utility Commission to determine whether the establishment and maintenance of the corporation will promote the gene…

§ 103. Transmission to Secretary of State; record; effect The articles of incorporation, the certificate of the Public Utility Commission, and the organization fee shall be transmitted to the Secretary of State. When such articles are recorded, such certificate shall be recorded …

§ 104. Amendment of articles, certificate by Commission Such a corporation or company shall not amend its articles of incorporation unless and until the Public Utility Commission, on petition and after such hearing and notice thereof as the Commission directs, certifies that such…

§ 105. Payment for stock with property; approved by Commission When stock is issued for property other than cash, the value of the property fixed by the incorporators or stockholders must receive the approval of the Public Utility Commission. (Amended 1959, No. 329 (Adj. Sess.), …

§ 106. Ownership of stock in other corporations When a corporation subject to the regulation of the Public Service Commission, prior to April 2, 1915, was authorized by its charter or otherwise to hold stock in another corporation, the public service corporation may petition the …

§ 107. Acquisition of control of one utility company by another; supervision (a) No company shall directly or indirectly acquire a controlling interest in any company subject to the jurisdiction of the Public Utility Commission, or in any company that directly or indirectly has a…

§ 108. Issue of bonds or other securities (a) A domestic corporation subject to the jurisdiction of the Public Utility Commission shall not mortgage nor pledge any of its corporate property nor issue any stocks, bonds, notes, or other evidences of indebtedness without the consent…

§ 109. Sales and leases; hearings (a) Except in connection with replacement or exchange, a corporation or a foreign corporation subject to the jurisdiction of the Public Utility Commission shall not make a sale or lease or series of sales or leases in any one calendar year consti…