Vermont § 1004 - State’s agent The Secretary shall be the agent to coordinate the State interest before the Federal

§ 1004. State’s agent The Secretary shall be the agent to coordinate the State interest before the Federal

• Energy Regulatory Commission in all matters involving water quality and regulation
  or control of natural stream flow through the use of dams situated on streams within
  the boundaries of the State, and it shall advise the Federal Energy Regulatory Commission
  of the amount of flow considered necessary in each stream under consideration. The
  Agency of Natural Resources shall be the certifying agency of the State for purposes
  of Section 401 of the federal Clean Water Act and the Secretary’s determinations on
  these certifications shall be final action by the Secretary appealable to the Environmental
  Division. The Secretary shall be the agent of the State and shall represent the State’s
  interest under the provisions of the Federal Power Act, including those that protect
  State-designated outstanding resource waters. However, the Secretary’s authority shall
  not infringe upon the powers and duties of the Public Utility Commission or the relations
  of that Commission to the Federal Energy Regulatory Commission as set forth in the
  Federal Power Act respecting water used for the development of hydroelectric power
  or projects incident to the generation of electric energy for public use as part of
  a public utility system. (Added 1965, No. 37, § 4; amended 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 3, eff. April 27, 1984; 1987, No. 67, § 12; 1987, No. 76, § 18; 1991, No. 81, § 1; 2003, No. 115 (Adj. Sess.), § 19, eff. Jan. 31, 2005.)