The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
GENERAL POWERS
(Cite as: 30 V.S.A. § 212d)
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§ 212d. Access; negotiations; Commission order
(a) Upon a finding by the Commission that the retail sale will promote the general good
of the State under section 212c of this subchapter, Vermont electric utility companies
shall enter into negotiations for contracts with the Department that are necessary
for sale and distribution, including lease of facilities, provision of services to
the Department to distribute electric energy, and the assurance of adequate reliability.
The rates, charges, terms, or other conditions of such contracts shall be established
by negotiations or pursuant to subsection (b) of this section. No electric utility
company with which the Department shares a service territory may unreasonably deny
replacement power needed by the Department to ensure adequate reliability of service.
(b) If, pursuant to subsection (a) of this section, the Department and a company are unable
to negotiate the rates, charges, terms, or other conditions of the contracts, including
the assurance of adequate reliability, either may petition the Public Utility Commission
to establish the rates, terms, charges, or conditions, or resolve any other related
matter, as the Commission determines to be just and reasonable. The Commission shall
establish rates or charges under this section to compensate or reimburse such company
for all costs reasonably and necessarily incurred by it to provide such arrangements.
The Commission shall offer an opportunity for commencing a hearing within 45 days
following filing of the petition and shall make either a final decision or, if unable
to do so, an interim decision within three months of filing of the petition. If, within
three months of filing, the Commission is unable to reach a final decision on the
petition, the Commission shall direct the company to provide to the Department the
necessary arrangements, including if necessary or appropriate, backup reliability,
and access to facilities to allow the Department to distribute the electric energy
involved in its proposal on an interim basis under such interim terms and conditions
as the Commission finds to be reasonable pending a final Commission decision on the
petition. The Commission shall render a final decision on the petition within six
months following the date it is filed. (Added 1987, No. 65, § 4, eff. May 28, 1987; amended 1999, No. 157 (Adj. Sess.), § 4; 2023, No. 85 (Adj. Sess.), § 368, eff. July 1, 2024.)