The Vermont Statutes Online

Title 30 : Public Service

Chapter 092 : Electric and Gas Companies; Providing Access for Communications Facilities

• § 8093. Notification

  (a) For cases of gas transmission projects, and for projects involving electric transmission lines requiring approval pursuant to section 248 of this title, companies shall provide notice to the Vermont Telecommunications Authority at the same time that they provide notice pursuant to subdivision 248(a)(4)(C) of this title.

  (b) In cases of projects involving electric transmission or distribution lines that do not require approval pursuant to section 248 of this title, and that are greater than 2,500 feet, companies under the jurisdiction of the Public Utility Commission shall notify the Vermont Telecommunications Authority of the project at least 90 days prior to planned commencement of construction for company-initiated projects, or as soon as possible for customer-initiated projects or projects required for urgent reasons of service quality or reliability.

  (c) The notice shall include:

  (1) the location of the project, including the town and a description of the route to be followed;

  (2) the nature of the project;

  (3) the date the project is planned to commence; and

  (4) the contact person for the project and his or her contact information.

  (d) For good cause shown by a company, the Public Utility Commission may shorten or eliminate the notice period required under this section.

  (e) In the alternative to filing notice under subsection (b) of this section, a company may file with the Public Utility Commission, the Department of Public Service, and the Vermont Telecommunications Authority its capital plan or construction work plan, describing the location of linear projects that do not require approval pursuant to section 248 of this title, and in the case of a multiyear plan, the year in which a linear project is scheduled to commence. No construction called for under the capital plan or construction work plan shall commence until the plan has been on file for at least 90 days, unless the construction is required for customer-initiated projects or for urgent reasons of service quality or reliability.

  (f) A company may specify in its statement of rates, terms, and conditions a deadline or procedure for requests to attach or add communications facilities to a project. Unless otherwise specified by the company in its statement of rates, terms, and conditions, a company shall provide a period for responses of not less than either 45 days after notice is provided, if the company provides notice pursuant to subsection (b) of this section, or 45 days before the planned construction commences, if the company provides notice pursuant to subsection (e) of this section. If a company does not receive a response by the deadline or according to the procedure established for responding to the notice required by this section, it may commence construction of a project prior to the end of the notice period required under subsection (b) or (e) of this section. (Added 2007, No. 131 (Adj. Sess.), § 2.)