§ 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 that, 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, 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; 2023, No. 85 (Adj. Sess.), § 400, eff. July 1, 2024.)
§ 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 the citation. The citation,
with the petition, shall be served on the petitionee like a summons, not less than
six days before the date the petitionee is required to appear. At the required time
and place, the Commission shall hear the parties and their witnesses and any other
evidence as they may offer and determine the facts and make an order and decree as
the law and justice require, which shall be final unless appealed from. The Commission
may adjourn the 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; 2023, No. 85 (Adj. Sess.), § 401, eff. July 1, 2024.)
§ 2805. Appeal; commissioners; hearing on report
A party to the cause who feels 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, 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 that it has over appeals from the 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 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; 2023, No. 85 (Adj. Sess.), § 402, eff. July 1, 2024.)
§ 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.)