The Vermont Statutes Online

Title 30: Public Service

Chapter 077: Gas and Electric Companies

• § 2801. General duties; rates; powers of Public Utility Commission

  (a) A person, association, company, or corporation engaged in the business of generating in this State electric energy or transmitting in this State electric energy generated from outside the State and distributing it for heating, lighting, or power purposes or for any other public use, if and when requested so to do, at all reasonable times shall sell and distribute the same to any and all persons, companies, associations, cooperatives, and corporations, municipal, public, or private, that desire to use the same within this State for either or any of such purposes. Such sale and distribution shall be subject, however, to such reasonable limitations as to the amount of energy to be furnished a purchaser, and shall in no case be beyond what is reasonably necessary and also as to the distance from the generating plant or from its lines of transmission that such energy shall be delivered, as the Public Utility Commission may determine after hearing had upon due notice thereof given to the parties interested. The charges made by a person, company, or corporation for electric energy so sold and distributed, shall be reasonable. In case the parties do not agree as to the amount of such charges, the Public Utility Commission, upon hearing had after proper notice to both, shall fix and determine the same, and may, upon like notice and hearing, from time to time, change them; and, fixing and determining such charges, the amount sold and the distance from the generating plant or lines of transmission to the place of delivery, and such other conditions as affect the cost of production, transmission, and value shall be considered.

  (b) Such charges made by such person, association, company, or corporation for such electric energy shall not include the cost of political activity or political advertising incurred or paid by such person, association, company, or corporation.

  (c) For the purposes of this section:

  (1) “Activity” means speaking engagements, consultations, and appearances, and all things done or matters performed in preparation for or in connection with such things.

  (2) “Political activity” means activity within the definition of “legislative counsel” or “legislative agent” as those terms are defined by 2 V.S.A. § 251, similar activity before or in connection with other political forums and similar or like activities engaged in for the purpose of influencing public opinion with respect to the election or appointment of public officials, referenda, legislation, or ordinances, or for the purpose of influencing the decisions of public officials, but shall not include such expenditures that are directly related to appearances before regulatory or other governmental bodies in connection with the reporting and defending the existing or proposed rates and operations of such person, association, company, or corporation.

  (3) “Advertising” means the commercial use of any media including newspaper and all other forms of print, radio, and television, in order to transmit a message to a substantial number of members of the public or customers of a utility.

  (4) “Political advertising” means advertising for the purpose of influencing public opinion with respect to any legislative, executive, administrative, or electoral decision. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 180, § 4; 1967, No. 66, § 1; 1977, No. 121 (Adj. Sess.).)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 2806. Penalty

  A person or corporation that violates a provision of sections 2801-2805 of this title shall be fined not more than $5,000.00.

• §§ 2807-2810. Repealed. 1969, No. 257 (Adj. Sess.), § 7.

• § 2811. Smart meters; customer rights; reports

  (a) Definitions. As used in this section, the following terms shall have the following meanings:

  (1) “Smart meter” means a wired smart meter or a wireless smart meter.

  (2) “Wired smart meter” means an advanced metering infrastructure device using a fixed wire for two-way communication between the device and an electric company.

  (3) “Wireless smart meter” means an advanced metering infrastructure device using radio or other wireless means for two-way communication between the device and an electric company.

  (b) Customer rights. Notwithstanding any law, order, or agreement to the contrary, an electric company may install a wireless smart meter on a customer’s premises, provided the company:

  (1) provides prior written notice to the customer indicating that the meter will use radio or other wireless means for two-way communication between the meter and the company and informing the customer of his or her rights under subdivisions (2) and (3) of this subsection;

  (2) allows a customer to choose not to have a wireless smart meter installed, at no additional monthly or other charge; and

  (3) allows a customer to require removal of a previously installed wireless smart meter for any reason and at an agreed-upon time, without incurring any charge for such removal.

  (c) Reports. On January 1, 2014 and again on January 1, 2016, the Commissioner of Public Service shall publish a report on the savings realized through the use of smart meters, as well as on the occurrence of any breaches to a company’s cyber-security infrastructure. The reports shall be based on electric company data requested by and provided to the Commissioner of Public Service and shall be in a form and in a manner the Commissioner deems necessary to accomplish the purposes of this subsection. The reports shall be submitted to the Senate Committees on Finance and on Natural Resources and Energy and the House Committees on Commerce and Economic Development and on Energy and Technology.

  (d) Health report.

  (1) On or before January 15, 2013, the Commissioner of Health and the Commissioner of Public Service shall jointly submit a report to the Senate Committee on Finance and the House Committee on Commerce and Economic Development. The report shall include: an update of the Department of Health’s 2012 report entitled “Radio Frequency Radiation and Health: Smart Meters”; a summary of the Department’s activities monitoring the deployment of wireless smart meters in Vermont, including a representative sample of postdeployment radio frequency level testing; and recommendations relating to evidence-based surveillance on the potential health effects of wireless smart meters.

  (2) The Commissioner of Public Service, in consultation with the Commissioner of Health, shall select and retain an independent expert, not an employee of the State, to perform the research and writing of the report identified in subdivision (1) of this subsection. The Commissioner of Public Service may allocate the costs of retaining the independent expert to electric utilities in accordance with sections 20 and 21 of this title (particular proceedings; personnel; assessment of costs). (Added 2011, No. 170 (Adj. Sess.), § 15, eff. May 18, 2012; amended 2017, No. 113 (Adj. Sess.), § 174a.)

• § 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.

• § 2813. Time

  Such company shall test every service meter for correct connection and proper mechanical condition in its permanent position at the time of installation or within 60 days thereafter.

• § 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.

• § 2815. Inaccurate meters

  Such company shall not keep in service a gas or electric service meter that registers upon no load or that has an error in measurement in excess of four percent.

• § 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.)