Guidelines and Procedures
The Public Service Board ("Board") has developed the following guidelines to assist members of the public and other entities doing business before the Board:
- Participation in a Section 248 proceeding
- Filing a petition under Section 248 to construct an electric generation project
- Procedures for Petitions for Renewable Generation Facilities 150 kW or less
- Procedures for Petitions for Renewable Generation Facilities between 150 kW and 2.2 MW
- How to participate "pro se" in a Board proceeding (pro se means without a lawyer)
- Placement of wireless telecommunications facilities on electric facilities; and
- Meteorological tower permitting procedures.
- Section 248a standards and procedures re telecommunications facilities
Section 248 of Title 30 requires companies to obtain approval from the Board before beginning site preparation or construction of electric transmission facilities, electric generation facilities and certain gas pipelines within Vermont. Section 248 also requires Board approval for some long-term contracts for purchasing power from outside Vermont and for some investments in transmission and generation facilities outside Vermont.
The Board has developed the Citizens' Guide to the Vermont Public Service Board's Section 248 Process to provide a general introduction to the process used by the Board to consider requests for approval pursuant to Section 248. It is not intended to provide all information necessary to participate in a Section 248 proceeding.
Members of the public interested in Section 248 proceedings may also find PSB Rule 5.400 useful as that rule clarifies certain facets of the Section 248 review process.
Public Service Board staff have drafted a Guide to Filing a Petition Under Section 248 that is intended to provide guidance to developers regarding the Board's process and the type of information of information that should be filed to address the criteria specified in Section 248(b). This Guide does not apply to net metering projects; the Board has an application form for such projects.
The Agency of Natural Resources collects an application fee for reviewing Section 248 Petitions. The Fee Form is available here.
Information on this Draft Guide can be found here
Pursuant to 30 V.S.A. § 8007(a), the application form, rules and procedures for net-metering systems of 150 kW or less shall also apply to review under Section 248 of renewable generation facilities with a plant capacity of 150 kW or less. Net metering application form, rules and procedures
Pursuant to 30 V.S.A. § 8007(b), the Board is required to establish standards and procedures governing governing the application and review under Section 248 of renewable energy projects with a plant capacity that is greater than 150 kW and is 2.2 MW or less. The Board's Order Implementing 30 V.S.A. § 8007(b) established those standards and procedures.
Under construction. In the meantime, consumers should look at the Citizens' Guide to the Vermont Public Service Board's Section 248 Process. Much of the information in that guide regarding how to participate in Board proceedings applies to more than the Section 248 process.
Section 248(n) of Title 30 Vermont Statutes Annotated authorizes the Board to issue a certificate of public good ("CPG") for the placement of wireless communications facilities on electric transmission and generation facilities, if such placement meets certain criteria. Section 248(n) also directs the Board to seek to simplify the application and review process, as appropriate. The Board's 9/25/08 Order adopts standards and procedures governing the application and issuance of a CPG for wireless communications placed on electric facilities.
Individuals interested in constructing meteorological towers as a means of acquiring wind data to determine the feasibility of constructing a commercial wind generation facility in a specific area in Vermont must apply for a certificate of public good pursuant to the Order implementing standards and procedures pursuant to Section 246 and Application Form(pdf). Application Form(wpd)
The first page of the Application Form is a document which the Board requires applicants to provide to various entities and landowners of record of property adjoining the project site. This document includes information for those with concerns about the meteorological tower project regarding how to comment on the project and request a hearing before the Board. Please note that any person or entity requesting a hearing must make a showing that the application raises a significant issue regarding one or more of the Section 248 substantive criteria listed in Section 3.3 of the Application Form.
In order to expedite the review process by the Board, the applicant is encouraged to discuss the proposal with the Vermont Agency of Natural Resources and the Vermont Department of Public Service prior to filing the petition with the Board.
Finally, applicants should note that the Board may require a site visit in certain cases to determine whether the project raises a significant issue with respect to the § 248 criteria. Applicants should bear in mind the difficulties associated with conducting site visits at higher elevation during the winter months and time the filing of the petition accordingly.
Section 248a of Title 30 Vermont Statutes Annotated authorizes the Board to issue a certificate of public good ("CPG") for communications facilities. The Board's Fourth Amended Order of 8/12/16 adopts standards and procedures governing the application and issuance of a CPG for these facilities.
Under Vermont law, public service companies are required to obtain prior approval from the Vermont Public Service Board ("Board") of any contracts with customers for products or services not provided for in the public service company's tariffs. Such contracts between public service companies and their customers customarily have been referred to as "special contracts" in Board practice. The Board's Order of December 24, 2014, establishing procedures for special contracts can be found here.