Vermont § 212d - Access; negotiations; Commission order

§ 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.)