Vermont § 214 - Application for interconnection; joint use of facilities; and resolution of transmission disputes

§ 214. Application for interconnection; joint use of facilities; and resolution of transmission disputes

• (a) The Public Utility Commission, upon application of any electric company, municipal,
  cooperative, or privately owned, engaged or authorized to engage in the manufacture,
  transmission, distribution, or sale of electric energy, may by order direct an electric
  company, municipal, cooperative, or privately owned, engaged in the manufacture, transmission,
  distribution, or sale of electric energy, to establish physical connection of its
  transmission or distribution facilities with the facilities of one or more other such
  electric company or companies, to sell energy to, to exchange energy with, to transmit
  or distribute energy for any other such electric company or companies. In addition,
  the Commission, upon application of the Department of Public Service, may by order
  direct an electric company engaged in the transmission of electric energy to transmit
  energy for the Department. For the purposes of this section, a company “authorized
  to engage” means a municipal company authorized under chapter 79 of this title, a
  cooperative authorized under chapter 81 of this title, or a privately owned company
  authorized by its articles of association, charter, or bylaws. However, the Commission
  shall have no authority to compel any electric company to sell or exchange, transmit,
  or distribute energy when to do so would impair its ability to render adequate service
  to its customers. The Commission’s order may only be issued after due notice to all
  interested parties and findings based upon adequate evidence that the Commission’s
  action will be consistent with the general good of the State and that it is not detrimental
  to the interest of investors or consumers. The Commission may prescribe the terms
  and conditions of the arrangement to be made between the electric companies, including
  the Department of Public Service, affected by the order, including the compensation
  or reimbursement reasonably due to any of them, and in the case of a new physical
  connection the apportionment of costs between or among them, provided that a company
  making application for a connection that will inure to its sole benefit shall assume
  the entire cost of the connection. (b) The Commission shall have authority to arbitrate disputes between or among users or
  prospective users of transmission facilities located within the State, where such
  disputes arise under any agreement or under any State or federal tariff relating to
  the provision of or entitlements to transmission services and providing for arbitration
  by the Commission. In conducting such arbitration, the Commission shall apply the
  terms and conditions set forth in the agreement or tariff, provided that where a user
  or prospective user proposes a change in the provision of entitlements to transmission
  services, it shall bear the burden of proving that the proposed change, including
  any reduction in or adverse effect upon the transmission services of or entitlements
  held by any other user, promotes the general good of the State. (c) In any arbitration proceeding conducted pursuant to this section, the Commission shall
  give notice to all Vermont electric companies, the Department, and any other persons
  or entities that have notified the Commission that they hold entitlements to the transmission
  services that will be the subject of the proceeding. Upon proper application, all
  persons and entities entitled to notice under this subsection shall be permitted to
  participate in the proceeding. (d) The provisions of 12 V.S.A. §§ 5671(6)-(9) and 5676-5679 shall not apply to any arbitration proceeding conducted pursuant
  to the provisions of this section if the agreement or tariff under which arbitration
  is being conducted provides for direct appeal of questions of law to the Supreme Court.
  In such cases, any award, order, or decree of the Commission shall, solely for purposes
  of proceedings subsequent to the issuance of the same, be treated as if it were an
  order of the Commission acting in a quasi-judicial capacity in a contested case, except
  that the Commission shall have no power of enforcement. The provisions of sections 12, 14, and 15 of this title shall also apply in such cases. (e) Notwithstanding 12 V.S.A. § 5652(b), a provision to arbitrate transmission disputes is enforceable if contained in a
  validly filed state or federal tariff. Unless otherwise provided, a provision to
  arbitrate contained in a validly filed tariff creates a duty to arbitrate and is valid
  and enforceable, except upon such grounds as exist for the termination or revocation
  of the tariff. (Added 1967, No. 185, § 22, eff. April 17, 1967; amended 1981, No. 149 (Adj. Sess.), eff. April 13, 1982; 1987, No. 65, § 6, eff. May 28, 1987; 1987, No. 237 (Adj. Sess.), eff. May 24, 1988.)