Vermont § 209 - Jurisdiction; general scope

§ 209. Jurisdiction; general scope

• (a) General jurisdiction. On due notice, the Commission shall have jurisdiction to hear, determine, render judgment,
  and make orders and decrees in all matters provided for in the charter or articles
  of any corporation owning or operating any plant, line, or property subject to supervision
  under this chapter and shall have like jurisdiction in all matters respecting: (1) the purity, quantity, or quality of any product furnished or sold by any company subject
  to supervision under this chapter, and may prescribe the equipment for and standard
  of measurement, pressure, or initial voltage of such product; (2) the providing for each kind of business subject to supervision under this chapter,
  suitable and convenient standard commercial units of product or service, which standards
  shall be lawful for the purposes of this chapter; (3) the manner of operating and conducting any business subject to supervision under this
  chapter, so as to be reasonable and expedient, and to promote the safety, convenience,
  and accommodation of the public; (4) the price, toll, rate, or rental charged by any company subject to supervision under
  this chapter, when unreasonable or in violation of law; (5) the sufficiency and maintenance of proper systems, plants, conduits, appliances, wires,
  and exchanges, and when the public safety and welfare require the location of such
  wires or any portion thereof underground; (6) to restrain any company subject to supervision under this chapter from violations
  of law, unjust discriminations, usurpation, or extortion; (7) the issue of stock, mortgages, bonds, or other securities as provided in section 108 of this title; (8) the sale to electric companies of electricity generated by facilities: (A) that produce electric energy solely by the use of biomass, waste, renewable resources,
  cogeneration, or any combination thereof; (B) that are owned by a person not primarily engaged in the generation or sale of electric
  power, excluding power derived from facilities described in subdivision (A) of this
  subdivision (8); and (C) that have a power production capacity that, together with any other facilities located
  at the same site, is not greater than 80 megawatts; and (9) the issuance of qualified cost mitigation charge orders pertaining to facilities described
  in subdivision (8) of this subsection, subject to the terms and conditions of section 209a of this title. (b) Required rules. Notwithstanding the provisions of section 218 of this chapter, the Public Utility
  Commission shall, under 3 V.S.A. chapter 25, adopt rules applicable to companies subject to this chapter that: (1) regulate or prescribe terms and conditions of extension of utility service to customers
  or applicants for service including: (A) the conditions under which a deposit may be required, if any; (B) the extension of service lines; (C) the terms of payment of any required deposit; and (D) the return of any deposit; (2) regulate or prescribe the grounds upon which the companies may disconnect or refuse
  to reconnect service to customers; and (3) regulate and prescribe reasonable procedures used by companies in disconnecting or
  reconnecting services and billing customers. (c) Uninterrupted service; reasonable terms. Rules adopted under subsection (b) of this section shall be aimed at protection of
  the health and safety of utility customers so that uninterrupted utility service may
  be continued on reasonable terms for the utility and its customers. Such rules shall
  also ensure that a reasonable rate of interest, adjusted for variations in market
  interest rates, be set on security deposits held by utility companies. (d) Energy efficiency. (1) Programs and measures. The Department of Public Service, any entity appointed by the Commission under subdivision
  (2) of this subsection, all gas and electric utility companies, and the Commission
  upon its own motion are encouraged to propose, develop, solicit, and monitor energy
  efficiency and conservation programs and measures, including appropriate combined
  heat and power systems that result in the conservation and efficient use of energy
  and meet the applicable air quality standards of the Agency of Natural Resources.
  Such programs and measures, and their implementation, may be approved by the Commission
  if it determines they will be beneficial to the ratepayers of the companies after
  such notice and hearings as the Commission may require by order or by rule. The Department
  of Public Service shall investigate the feasibility of enhancing and expanding the
  efficiency programs of gas utilities and shall make any appropriate proposals to the
  Commission. (2) Appointment of independent efficiency entities. (A) Electricity and natural gas. In place of utility-specific programs developed pursuant to this section and section 218c of this title, the Commission shall, after notice and opportunity for hearing, provide for the
  development, implementation, and monitoring of gas and electric energy efficiency
  and conservation programs and measures, including programs and measures delivered
  in multiple service territories, by one or more entities appointed by the Commission
  for these purposes. The Commission may include appropriate combined heat and power
  systems that result in the conservation and efficient use of energy and meet the applicable
  air quality standards of the Agency of Natural Resources. Except with regard to a
  transmission company, the Commission may specify that the appointment of an energy
  efficiency utility to deliver services within an electric utility’s service territory
  satisfies that electric utility’s corresponding obligations, in whole or in part,
  under section 218c of this title and under any prior orders of the Commission. (B) Thermal energy and process-fuel customers. The Commission shall provide for the coordinated development, implementation, and
  monitoring of cost-effective efficiency and conservation programs to thermal energy
  and process-fuel customers on a whole buildings basis by one or more entities appointed
  by the Commission for this purpose. (i) In this section, “thermal energy” means the use of fuels to control the temperature
  of space within buildings and to heat water. (ii) Periodically on a schedule directed by the Commission, the appointed entity or entities
  shall propose to the Commission a plan to implement this subdivision (d)(2)(B). The
  proposed plan shall comply with subsections (e)-(g) of this section and shall be subject
  to the Commission’s approval. The Commission shall not conduct the review of the proposed
  plan as a contested case under 3 V.S.A. chapter 25 but shall provide notice and an opportunity for written and oral comments to the
  public and affected parties and State agencies. (3) Energy efficiency charge; regulated fuels. In addition to its existing authority, the Commission may establish by order or rule
  a volumetric charge to customers for the support of energy efficiency programs that
  meet the requirements of section 218c of this title, with due consideration to the State’s energy policy under section 202a of this title and to its energy and economic policy interests under section 218e of this title to maintain and enhance the State’s economic vitality. The charge shall be known
  as the energy efficiency charge, shall be shown separately on each customer’s bill,
  and shall be paid to a fund administrator appointed by the Commission and deposited
  into the Electric Efficiency Fund. When such a charge is shown, notice as to how to
  obtain information about energy efficiency programs approved under this section shall
  be provided in a manner directed by the Commission. This notice shall include, at
  a minimum, a toll-free telephone number, and to the extent feasible shall be on the
  customer’s bill and near the energy efficiency charge. (A) Balances in the Electric Efficiency Fund shall be ratepayer funds, shall be used to
  support the activities authorized in this subdivision, and shall be carried forward
  and remain in the Fund at the end of each fiscal year. These monies shall not be available
  to meet the general obligations of the State. Interest earned shall remain in the
  Fund. The Commission will annually provide the General Assembly with a report detailing
  the revenues collected and the expenditures made for energy efficiency programs under
  this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this
  subsection (d). (B) The charge established by the Commission pursuant to this subdivision (3) shall be
  in an amount determined by the Commission by rule or order that is consistent with
  the principles of least-cost integrated planning as defined in section 218c of this title. As circumstances and programs evolve, the amount of the charge shall be reviewed
  for unrealized energy efficiency potential and shall be adjusted as necessary in order
  to realize all reasonably available, cost-effective energy efficiency savings. In
  setting the amount of the charge and its allocation, the Commission shall determine
  an appropriate balance among the following objectives; provided, however, that particular
  emphasis shall be accorded to the first four of these objectives: reducing the size
  of future power purchases; reducing the generation of greenhouse gases; limiting the
  need to upgrade the State’s transmission and distribution infrastructure; minimizing
  the costs of electricity; reducing Vermont’s total energy demand, consumption, and
  expenditures; providing efficiency and conservation as a part of a comprehensive resource
  supply strategy; providing the opportunity for all Vermonters to participate in efficiency
  and conservation programs; and targeting efficiency and conservation efforts to locations,
  markets, or customers where they may provide the greatest value. (C) The Commission, by rule or order, shall establish a process by which a customer who
  pays an average annual energy efficiency charge under this subdivision (3) of at least
  $5,000.00 may apply to the Commission to self-administer energy efficiency through
  an energy savings account or customer credit program that shall contain up to 75 percent
  and 90 percent, respectively of the customer’s energy efficiency charge payments as
  determined by the Commission. The remaining portion of the charge shall be used for
  administrative, measurement, verification, and evaluation costs and for systemwide
  energy benefits. Customer energy efficiency funds may be approved for use by the Commission
  for one or more of the following: electric energy efficiency projects and non-electric
  efficiency projects, which may include thermal and process fuel efficiency, flexible
  load management, combined heat and power systems, demand management, energy productivity,
  and energy storage. These funds shall not be used for the purchase or installation
  of new equipment capable of combusting fossil fuels. The Commission in its rules or
  order shall establish criteria for each program and approval of these applications,
  establish application and enrollment periods, establish participant requirements,
  and establish the methodology for evaluation, measurement, and verification for programs.
  The total amount of customer energy efficiency funds that can be placed into energy
  savings accounts or the customer credit program annually is $2,000,000.00 and $1,000,000.00
  respectively. (D) The Commission may authorize the use of funds raised through an energy efficiency
  charge on electric ratepayers to reduce the use of fossil fuels for space heating
  by supporting electric technologies that may increase electric consumption, such as
  air source or geothermal heat pumps if, after investigation, it finds that deployment
  of the technology: (i) will be beneficial to electric ratepayers as a whole; (ii) will result in cost-effective energy savings to the end-user and to the State as a
  whole; (iii) will result in a net reduction in State energy consumption and greenhouse gas emissions
  on a life-cycle basis and will not have a detrimental impact on the environment through
  other means such as release of refrigerants or disposal. In making a finding under
  this subdivision, the Commission shall consider the use of the technology at all times
  of year and any likely new electricity demand created by such use; (iv) will be part of a comprehensive energy efficiency and conservation program that meets
  the requirements of subsections (d)-(g) of this section and that makes support for
  the technology contingent on the energy performance of the building in which the technology
  is to be installed. The building’s energy performance shall achieve or shall be improved
  to achieve an energy performance level that is approved by the Commission and that
  is consistent with meeting or exceeding the goals of 10 V.S.A. § 581 (building efficiency); (v) among the product models of the technology that are suitable for use in Vermont, will
  employ the product models that are the most efficient available; (vi) will be promoted in conjunction with demand management strategies offered by the customer’s
  distribution utility to address any increase in peak electric consumption that may
  be caused by the deployment; (vii) will be coordinated between the energy efficiency and distribution utilities, consistent
  with subdivision (f)(5) of this section; and (viii) will be supported by an appropriate allocation of funds among the funding sources
  described in this subsection (d) and subsection (e) of this section. In the case of
  measures used to increase the energy performance of a building in which the technology
  is to be installed, the Commission shall assume installation of the technology in
  the building and then determine the allocation according to the proportion of the
  benefits provided to the regulated fuel and unregulated fuel sectors. In this subdivision
  (viii), “regulated fuel” and “unregulated fuel” shall have the same meaning as under
  subsection (e) of this section. (4) Contract or order of appointment. Appointment of an entity under subdivision (2) of this subsection may be by contract
  or by an order of appointment. An appointment, whether by order of appointment or
  by contract, may only be issued after notice and opportunity for hearing. An order
  of appointment shall be for a limited duration not to exceed 12 years, although an
  entity may be reappointed by order or contract. An order of appointment may include
  any conditions and requirements that the Commission deems appropriate to promote the
  public good. For good cause, after notice and opportunity for hearing, the Commission
  may amend or revoke an order of appointment. (5) Appointed entity; supervision. Any entity appointed by order of appointment under subdivisions (2) and (4) of this
  subsection that is not an electric or gas utility already regulated under this title
  shall not be considered to be a company as defined under section 201 of this title but shall be subject to the provisions of sections 18-21, 30-32, 205-208, subsection
  209(a), sections 219, 221, and subsection 231(b) of this title, to the same extent as a company as defined under section 201 of this title. The Commission and the Department of Public Service shall have jurisdiction under
  those sections over the entity, its directors, receivers, trustees, lessees, or other
  persons or companies owning or operating the entity and of all plants, equipment,
  and property of that entity used in or about the business carried on by it in this
  State as covered and included in this section. This jurisdiction shall be exercised
  by the Commission and the Department so far as may be necessary to enable them to
  perform the duties and exercise the powers conferred upon them by law. The Commission
  and the Department each may, when they deem the public good requires, examine the
  plants, equipment, and property of any entity appointed by order of appointment under
  subdivisions (2) and (4) of this subsection. (e) Thermal energy and process fuel efficiency funding. (1) Each of the following shall be used to deliver thermal energy and process fuel energy
  efficiency services in accordance with this section for unregulated fuels to Vermont
  consumers of such fuels. In addition, the Commission may authorize an entity appointed
  to deliver such services under subdivision (d)(2)(B) of this section to use monies
  subject to this subsection for the engineering, design, and construction of facilities
  for the conversion of thermal energy customers using fossil fuels to district heat
  if the majority of the district’s energy is from biomass sources, the district’s distribution
  system is highly energy efficient, and such conversion is cost effective. (A) Net revenues above costs associated with payments from the New England Independent
  System Operator (ISO-NE) for capacity savings resulting from the activities of the
  energy efficiency utility designated under subdivision (2)(A) of this subsection (e)
  that are not transferred to the State PACE Reserve Fund under 24 V.S.A. § 3270(c). These revenues shall be deposited into the Electric Efficiency Fund established
  by this section. In delivering services with respect to heating systems using the
  revenues subject to this subdivision (A), the entity shall give priority to incentives
  for the installation of high efficiency biomass heating systems and shall have a goal
  of offering an incentive that is equal to 25 percent of the installed cost of such
  a system. Provision of an incentive under this subdivision (A) for a biomass heating
  system shall not be contingent on the making of other energy efficiency improvements
  at the property on which the system will be installed. (B) Net revenues above costs from the sale of carbon credits under the cap and trade program
  established under section 255 of this title, which shall be deposited into the Electric Efficiency Fund established by this section. (C) Any other monies that are appropriated to or deposited in the Electric Efficiency
  Fund for the delivery of thermal energy and process fuel energy efficiency services. (2) If a program combines regulated fuel efficiency services with unregulated fuel efficiency
  services supported by funds under this section, the Commission shall allocate the
  costs of the program among the funding sources for the regulated and unregulated fuel
  sectors in proportion to the benefits provided to each sector. (3) In this subsection: (A) “Biomass” means organic nonfossil material constituting a source of renewable energy
  within the meaning of section 8002 of this title. (B) “District heat” means a system through which steam or hot water from a central plant
  is piped into buildings to be used as a source of thermal energy. (C) “Efficiency services” includes the establishment of a statewide information clearinghouse
  under subsection (g) of this section. (D) “Fossil fuel” means an energy source formed in the earth’s crust from decayed organic
  material. The common fossil fuels are petroleum, coal, and natural gas. A fossil fuel
  may be a regulated or unregulated fuel. (E) “Regulated fuels” means electricity and natural gas delivered by a regulated utility. (F) “Unregulated fuels” means fuels used by thermal energy and process fuel customers
  other than electricity and natural gas delivered by a regulated utility. (f) Goals and criteria; all energy efficiency programs. With respect to all energy efficiency programs approved under this section, the Commission
  shall: (1) Ensure that all retail consumers, regardless of retail electricity, gas, or heating
  or process fuel provider, will have an opportunity to participate in and benefit from
  a comprehensive set of cost-effective energy efficiency programs and initiatives designed
  to overcome barriers to participation. (2) Require that continued or improved efficiencies be made in the production, delivery,
  and use of energy efficiency services, including the use of compensation mechanisms
  for any energy efficiency entity appointed under subdivision (d)(2) of this section
  that are based upon verified savings in energy usage and demand, and other performance
  targets specified by the Commission. The linkage between compensation and verified
  savings in energy usage and demand (and other performance targets) shall be reviewed
  and adjusted not less than triennially by the Commission. (3) Build on the energy efficiency expertise and capabilities that have developed or may
  develop in the State. (4) Promote program initiatives and market strategies that address the needs of persons
  or businesses facing the most significant barriers to participation, including those
  who do not own their place of residence. (5) Promote and ensure coordinated program delivery, including coordination with low-income
  weatherization programs, entities that fund and support affordable housing, regional
  and local efficiency entities within the State, other efficiency programs, and utility
  programs. (6) Consider innovative approaches to delivering energy efficiency, including strategies
  to encourage third party financing and customer contributions to the cost of efficiency
  measures. (7) Provide a reasonably stable multiyear budget and planning cycle in order to promote
  program improvement, program stability, enhanced access to capital and personnel,
  improved integration of program designs with the budgets of regulated companies providing
  energy services, and maturation of programs and delivery resources. (8) Approve programs, measures, and delivery mechanisms that reasonably reflect current
  and projected market conditions, technological options, and environmental benefits. (9) Provide for delivery of these programs as rapidly as possible, taking into consideration
  the need for these services, and cost-effective delivery mechanisms. (10) Provide for the independent evaluation of programs delivered under subsection (d)
  of this section. (11) Require that any entity appointed by the Commission under subsection (d) of this section
  deliver Commission-approved programs in an effective, efficient, timely, and competent
  manner and meet standards that are consistent with those in section 218c of this title, the Board’s orders in Public Service Board docket 5270, and any relevant Board orders
  in subsequent energy efficiency proceedings. (12) Require verification, on or before January 1, 2003, and every three years thereafter,
  by an independent auditor of the reported energy and capacity savings and cost-effectiveness
  of programs delivered by any entity appointed by the Commission to deliver energy
  efficiency programs under subdivision (d)(2) of this section. (13) Ensure that any energy efficiency program approved by the Commission shall be reasonable
  and cost-effective. (14) Consider the impact on retail electric rates and bills of programs delivered under
  subsection (d) of this section and the impact on fuel prices and bills. (15) Ensure that the energy efficiency programs implemented under this section are designed
  to make continuous and proportional progress toward attaining the overall State building
  efficiency goals established by 10 V.S.A. § 581, by promoting all forms of energy end-use efficiency and comprehensive sustainable
  building design. (g) Thermal energy and process fuel efficiency programs; additional criteria. With respect to energy efficiency programs delivered under this section to thermal
  energy and process fuel customers, the Commission shall: (1) Ensure that programs are delivered on a whole-buildings basis to help meet the State’s
  building efficiency goals established by 10 V.S.A. § 581 and to reduce greenhouse gas emissions from thermal energy and process fuel use in
  Vermont. (2) Require the establishment of a statewide information clearinghouse to enable effective
  access for customers to and effective coordination across programs. The clearinghouse
  shall serve as a portal for customers to access thermal energy and process fuel efficiency
  services and for coordination among State, regional, and local entities involved in
  the planning or delivery of such services, making referrals as appropriate to service
  providers and to entities having information on associated environmental issues such
  as the presence of asbestos in existing insulation. (3) In consultation with the Agency of Natural Resources, establish annual interim goals
  starting in 2014 to meet the 2017 and 2020 goals for improving the energy fitness
  of housing stock stated in 10 V.S.A. § 581(1). (4) Ensure the monitoring of the State’s progress in meeting the goals of 10 V.S.A. § 581(1). This monitoring shall be performed according to a standard methodology and on a
  periodic basis that is not less than annual. (h) Electricity labeling. The Public Utility Commission may prescribe, by rule or order, standards for the labeling
  of electricity delivered or intended for delivery to ultimate consumers as to price,
  terms, sources, and objective environmental impacts, along with such procedures as
  it deems necessary for verification of information contained in such labels. The Public
  Utility Commission may prescribe, by rule or by order, standards and criteria for
  the substantiation of such labeling or of any claims regarding the price, terms, sources,
  and environmental impacts of electricity delivered or intended for delivery to ultimate
  consumers in Vermont, along with enforcement procedures and penalties. When establishing
  standards for the labeling of electricity, the Commission shall weigh the cost, as
  well as the benefits, of compliance with such standards. With respect to companies
  distributing electricity to ultimate consumers, the Commission may order disclosure
  and publication, not to occur more than once each year, of any labeling required pursuant
  to the standards established by this subsection. Standards established under this
  subsection may include provisions for: (1) the form of labels; (2) information on retail and wholesale price; (3) terms and conditions of service; (4) types of generation resources in a seller’s mix and percentage of power produced from
  each source; (5) disclosure of the environmental effects of each energy source; and (6) a description of other services, including energy services or energy efficiency opportunities. (i) Pole attachments; broadband. (1) For the purposes of Commission rules on attachments to poles owned by companies subject
  to regulation under this title, broadband service providers shall be considered “attaching
  entities” with equivalent rights to attach facilities as those provided to “attaching
  entities” in the rules, regardless of whether such broadband providers offer a service
  subject to the jurisdiction of the Commission. The Commission shall adopt rules in
  accordance with 3 V.S.A. chapter 25 to further implement this section. The rules shall be aimed at furthering the State’s
  interest in ubiquitous deployment of mobile telecommunications and broadband services
  within the State. (2) The rules adopted pursuant to this subsection shall specify that: (A) The applicable make-ready completion period shall not be extended solely because a
  utility pole is jointly owned. (B) At the time of an initial pole make-ready survey application, when a pole is jointly
  owned, the joint owners shall inform the applicant which owner is responsible for
  all subsequent stages and timely completion of the make-ready process. (C) If the make-ready work is not completed within the applicable make-ready completion
  period, the pole owner, within 30 days following the expiration of the make-ready
  completion period, shall refund the portion of the payment received for make-ready
  work that is not yet completed, and the attaching entity may hire a qualified contractor
  to complete the make-ready work. All pole owners and attaching entities shall submit
  to the Commission a list of contractors whom they allow to perform make-ready surveys,
  make-ready installation or maintenance, or other specified tasks upon their equipment.
  The Commission shall provide the appropriate list to an attaching entity, upon request. (j) Self-managed energy efficiency programs. (1) There shall be a class of self-managed energy efficiency programs for transmission
  and industrial electric ratepayers only. (2) The Commission, by order, shall enact this class of programs. (3) Entities approved to participate in the self-managed energy efficiency program class
  shall be exempt from all statewide charges under subdivision (d)(3) of this section
  that support energy efficiency programs performed by or on behalf of Vermont electric
  utilities. If an electric ratepayer approved to participate in this program class
  also is a customer of a natural gas utility, the ratepayer shall be exempt from all
  charges under subdivision (d)(3) of this section or contained within the rates charged
  by the natural gas utility to the ratepayer that support energy efficiency programs
  performed by or on behalf of that utility, provided that the ratepayer complies with
  this subsection. (4) All of the following shall apply to a class of programs under this subsection: (A) A member of the transmission or industrial electric rate class shall be eligible to
  apply to participate in the self-managed energy efficiency program class if the charges
  to the applicant, or to its predecessor in interest at the served property, under
  subdivision (d)(3) of this section were a minimum of: (i) $1.5 million during calendar year 2008; or (ii) $1.5 million during calendar year 2017. (B) A cost-based fee to be determined by the Commission shall be charged to the applicant
  to cover the administrative costs, including savings verification, incurred by the
  Commission and Department. The Commission shall determine procedures for savings verification.
  Such procedures shall be consistent with savings verification procedures established
  for entities appointed under subdivision (d)(2) of this section and, when determined
  to be cost-effective under subdivision (L) of this subdivision (4), with the requirements
  of ISO-New England for the forward capacity market (FCM) program. (C) An applicant shall demonstrate to the Commission that it has a comprehensive energy
  management program with annual objectives. Achievement of certification of ISO standard
  14001 shall be eligible to satisfy the requirements of having a comprehensive program. (D) An applicant eligible pursuant to subdivision (A)(i) of this subdivision (j)(4) shall
  commit to an annual average investment in energy efficiency and energy productivity
  programs and measures during each three-year period that the applicant participates
  in the program of not less than $1 million. An applicant eligible pursuant to subdivision
  (A)(ii) of this subdivision (j)(4) shall commit to an annual average investment in
  energy efficiency and energy productivity programs and measures during each three-year
  period that the applicant participates in the program of not less than $500,000.00.
  To achieve the exemption from energy efficiency charges related to natural gas under
  subdivision (3) of this subsection (j), an applicant shall make an additional annual
  energy efficiency investment in an amount not less than $55,000.00. As used in this
  subsection (j), “energy productivity programs and measures” means investments that
  reduce the amount of energy required to produce a unit of product below baseline energy
  use. Baseline energy use shall be calculated as the average amount of energy required
  to make one unit of the same product in the two years preceding implementation of
  the program or measure. (E) Participation in the self-managed program includes efficiency and productivity programs
  and measures applicable to electric and other forms of energy. A participant may balance
  investments in such programs and measures across all types of energy or fuels without
  limitations. (F) A participant shall provide to the Commission and Department annually an accounting
  of investments in energy efficiency and energy productivity programs and measures
  and the resultant energy savings in the form prescribed by the Commission, which may
  conduct reasonable audits to ensure the accuracy of the data provided. (G) The Commission shall report to the General Assembly annually on or before April 30
  concerning the prior calendar year’s class of self-managed energy efficiency programs.
  The report shall include identification of participants, their annual investments
  and resulting savings, and any actions taken to exclude entities from the program. (H) Upon approval of an application by the Commission, the applicant shall be able to
  participate in the class of self-managed energy efficiency programs. (I) On a determination that, for a given three-year period, a participant in the self-managed
  efficiency program class did not meet or has not met the commitment required by subdivision
  (D) of this subdivision (j)(4), the Commission shall terminate the participant’s eligibility
  for the self-managed program class. (i) On such termination, the former participant will be subject fully to the then existing
  charges applicable to its rate class without exemption under subdivision (3) of this
  subsection (j), and within 90 days after such termination shall pay: (I) the difference between the investment it made pursuant to the self-managed energy
  efficiency program during the three-year period of noncompliance and the full amount
  of the charges and rates related to energy efficiency it would have incurred during
  that period absent exemption under subdivision (3) of this subsection (j); and (II) the difference between the investment it made pursuant to the program within the current
  three-year period, if different from the period of noncompliance, and the full amount
  of the charges and rates related to energy efficiency it would have incurred during
  the current period absent exemption under subdivision (3) of this subsection (j). (ii) Payments under subdivision (i) of this subdivision (4)(I) shall be made to the entities
  to which the full amount of charges and rates would have been paid absent exemption
  under subdivision (3) of this subsection (j). (iii) A former participant may not reapply for membership in the self-managed program after
  termination under this subdivision (4)(I). (J) A participant in the self-managed program class may request confidentiality of data
  it reports to the Commission if the data would qualify for exemption from disclosure
  under 1 V.S.A. § 317. If such confidentiality is requested, the Commission shall disclose the data only
  in accordance with a protective agreement approved by the Commission and signed by
  the recipient of the data, unless a court orders otherwise. (K) Any data not subject to a confidentiality request under subdivision (J) of this subdivision
  (4) will be a public record. (L) A participant in the self-managed program class shall work with the Department of
  Public Service to determine whether it is cost-effective to submit projects to ISO-New
  England for payments under the FCM program. (i) As used in this subdivision (L), “cost-effective” requires that the estimated payments
  from the FCM program exceed the incremental cost of savings verification necessary
  for submission to that program. (ii) If the Department determines the submission to be cost-effective, then an entity appointed
  to deliver electric energy efficiency services under subdivision (d)(2) of this section
  shall submit the project to the FCM program for payment and any resulting payments
  shall be remitted to the Electric Efficiency Fund for use in accordance with subdivision
  (e)(1)(A) of this section. (M) A participant in the self-managed program class may receive funding from an energy
  program administered by a government or other entity that is not the participant and
  may count such funds received as part of the annual commitment to its self-managed
  energy efficiency program. (N) If, at the end of every third year after an applicant’s approval to participate in
  the self-managed efficiency program (the three-year period), the applicant has not
  met the commitment required by subdivision (4)(D) of this subsection, the applicant
  shall pay the difference between the investment the applicant made while in the self-managed
  energy efficiency program and the full amount of charges and rates that the applicant
  would have incurred absent the exemption under subdivision (3) of this subsection.
  This payment shall be made no later than 90 days after the end of the three-year period
  to the entities to which the full amount of those charges and rates would have been
  paid absent the exemption. (5) This subdivision applies to a transferee of all or substantially all of the assets
  at the served property of an entity approved to participate in the self-managed energy
  efficiency program. The Commission shall allow the transferee to continue as a participant
  in the self-managed energy efficiency program class in the same manner and under the
  same terms and conditions that the transferor participant was authorized to participate,
  provided: (A) the transferor participant met the requirements of subdivision (4)(A) of this subsection
  (j) and the transferee otherwise meets the requirements of this subsection; and (B) the transferee assumes the obligation to fulfill any outstanding commitment of the
  transferor participant under subdivision (4)(D) of this subsection. (k) Energy storage facilities. Except when owned by a retail distribution utility, an energy efficiency utility,
  or the Vermont Electric Power Company, Inc., competitive suppliers of energy storage
  services that do not serve retail customers shall be exempt from sections 107, 108, and 109 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183, § 5; 1975, No. 56, § 1; 1979, No. 147 (Adj. Sess.), § 2; 1981, No. 245 (Adj. Sess.), § 2; 1989, No. 112, § 6, eff. June 22, 1989; 1995, No. 182 (Adj. Sess.), § 27a, eff. May 22, 1996; 1999, No. 60, § 1, eff. June 1, 1999; 1999, No. 143 (Adj. Sess.), § 28; 2001, No. 145 (Adj. Sess.), §§ 1, 2; 2005, No. 61, § 6; 2005, No. 208 (Adj. Sess.), § 10; 2007, No. 79, § 6, eff. June 9, 2007; 2007, No. 92 (Adj. Sess.), § 12; 2007, No. 190 (Adj. Sess.), §§ 52, 53, eff. June 6, 2008; 2009, No. 45, §§ 14, 14a, eff. May 27, 2009; 2009, No. 54, § 104, eff. June 1, 2009; 2009, No. 1 (Sp. Sess.), § E.235.1, eff. June 2, 2009; 2011, No. 47, §§ 3, 20b, eff. May 25, 2011; 2011, No. 170 (Adj. Sess.), § 16; 2013, No. 89, §§ 2, 3; 2013, No. 142 (Adj. Sess.), § 49; 2013, No. 184 (Adj. Sess.), § 1; 2015, No. 56, §§ 15, 15a; 2017, No. 77, § 6; 2017, No. 102 (Adj. Sess.), § 1; 2017, No. 150 (Adj. Sess.), § 1; 2019, No. 31, § 14; 2019, No. 79, § 20, eff. June 20, 2019; 2021, No. 54, § 7; 2023, No. 85 (Adj. Sess.), § 364, eff. July 1, 2024; 2023, No. 142 (Adj. Sess.), § 14, eff. May 30, 2024.)