Vermont § 211 - Electric energy from inside or outside State

§ 211. Electric energy from inside or outside State

• (a) The Department of Public Service is hereby designated as the agent of the State of
  Vermont with full powers to act for and represent the State in any negotiations, arrangements,
  or proceedings for the procurement of electric energy from any source outside the
  State of Vermont or electric energy generated in the State by a producer, cooperative,
  municipal, or privately owned, which is subject to the supervision of the Department
  under this chapter with the right, with the approval of the Commission and the Governor,
  to contract for the purchase of such power and the resale on a nonprofit basis of
  such power to the electric distribution or transmission companies, cooperative, municipal,
  and privately owned, without preference or discrimination, for distribution within
  the State; provided, however, that purchases from sources inside the State of Vermont
  may be contracted for by the Department of Public Service as agent for the State only
  upon request of the seller and a determination by the Department that the purchase
  of such power and its resale on a nonprofit basis to electric distribution or transmission
  companies, cooperative, municipal, and privately owned, is in furtherance of the needs
  of the State of Vermont. If the term of any proposed purchase exceeds five years,
  it shall be subject to the approval of the Commission under section 248 of this title. In addition, the Department of Public Service may, with the approval of the Commission
  and the Governor, contract for the resale of the power outside the State of Vermont,
  if resale outside the State is reasonably incidental to and in furtherance of the
  needs of the State of Vermont. Revenues realized by the Department from such resale
  outside the State shall be used to defray the costs of such resale, and any revenues
  in excess of such costs, including interest earned on excess revenues, shall be applied
  first to reduce the Department’s retail rates under section 212a of this title, and thereafter any remaining excess shall be applied to reduce the Department’s
  wholesale rates to Vermont utilities. The Department of Public Service, with the approval
  of the Commission, is authorized and empowered to enter into contracts for the transmission
  of such energy from the place of purchase to the point or points of resale. The Department
  shall take all reasonable steps to ensure that the contracts it enters into for the
  transmission, purchase, and wholesale or retail sale of electricity shall be in writing.
  The Department of Public Service is authorized and empowered to employ additional
  engineering and legal personnel to assist in the procurement of such energy. (b) [Repealed.] (c) An enterprise fund is established in the Department of Public Service to consist of
  revenues from the resale of power and to support the activities authorized in this
  section and sections 212 and 212a of this title. Balances shall remain in the fund at the end of each fiscal year, and the fund shall
  be appropriated and expended in accordance with 32 V.S.A. § 462(b). These monies shall not be available to meet the general obligations of the State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 196; 1979, No. 204 (Adj. Sess.), § 25, eff. Feb. 1, 1981; 1987, No. 65, § 2, eff. May 28, 1987; 1987, No. 281 (Adj. Sess.), § 308, eff. June 21, 1988; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2011, No. 162 (Adj. Sess.), § E.233.)