Justia Utilities Law Opinion Summaries

An energy developer proposed to construct a solar facility in Bennington, Vermont, near an existing solar facility that it had previously built. Both the new and existing facilities were located on adjacent parcels, shared similar ownership structures, and would use connected infrastructure to access the electric grid. The developer submitted bids for three projects; only the first was initially awarded a contract and then built. Later, the developer resubmitted bids for the other two projects, which were awarded contracts. When the developer sought a Certificate of Public Good (CPG) for the second facility, concerns were raised about whether this new facility and the existing one constituted a “single plant” under state law, which would make them ineligible for the state’s Standard Offer Program due to a cap on plant capacity.The Vermont Public Utility Commission reviewed the CPG application for the new facility. It held evidentiary hearings and ultimately concluded that, under the statutory definition, the two facilities were a single plant because they had common ownership, were developed in a contiguous timeframe, were physically proximate, and shared necessary grid infrastructure. This meant the combined facility exceeded the program’s capacity limit. The Commission denied the CPG and rejected the developer’s motion for reconsideration, prompting an appeal.The Vermont Supreme Court reviewed the Commission’s decision. It affirmed, holding that the Commission applied the correct two-prong “single plant” test as previously explained in its own precedents, properly considered all statutory factors, and acted within its discretion in finding the facilities to be a single plant. The Court rejected arguments about due process violations, claim and issue preclusion, and the application of alternative legal standards. The Supreme Court also found no error in the procedures followed by the Commission and did not grant a remand or new hearing. The decision of the Public Utility Commission was affirmed. View "In re Petition of Otter Creek Solar LLC" on Justia Law

A company sought approval to construct a 500 kW solar-energy project in Randolph, Vermont. The proposed project required a certificate of public good (CPG) from the Vermont Public Utility Commission (PUC). A portion of the project's infrastructure, such as its access road and interconnection line, would be located on land with slopes exceeding 25%. Local and regional planning commissions, as well as the Town of Randolph Selectboard, initially supported the project and jointly requested the site be designated as a “preferred site.” After neighbors raised concerns that some panels would be located on steep slopes in conflict with the Town Plan, the applicant agreed to revise the project so that no panels would be built on slopes over 25%. The Town conditioned its continued support on this revision and on receiving the final site plan.The PUC’s hearing officer initially recommended denying the CPG due to uncertainty about whether the Town’s conditions regarding slope measurement had been met. The PUC rejected this recommendation, refocusing on whether the Town itself was satisfied with the conditions. The applicant subsequently provided a letter from the Town confirming its support and satisfaction with the conditions. The PUC found the project's compliance with soil-erosion control measures sufficient, particularly in light of a stormwater permit issued by the Agency of Natural Resources (ANR), and ruled that the project would not unduly interfere with the region’s orderly development. The PUC granted the CPG; the neighbors’ motion for reconsideration was denied, and they appealed.The Vermont Supreme Court reviewed the case, giving deference to the PUC’s expertise and factual findings. The Court affirmed the PUC’s grant of the CPG, holding that the PUC correctly applied the legal standards under 30 V.S.A. § 248, properly considered the Town Plan’s land-conservation measures, reasonably relied on the Town’s assurances and ANR’s permit, and did not misapply its own rules regarding “preferred site” status. View "In re Petition of Randolph Davis Solar LLC" on Justia Law

Portland Street Solar LLC appealed a Public Utility Commission order denying Portland Street’s petition for a certificate of public good (CPG) to install and operate a 500-kW solar group net-metering system adjacent to a previously permitted solar array owned by Golden Solar, LLC. Interpreting the definition of “plant” set forth in 30 V.S.A. 8002(18), the Commission determined that the proposed Portland Street project would be part of a single plant along with the already-approved adjacent Golden Solar project and thus would exceed the 500-kw energy-generating-capacity limit applicable in the net-metering program. On appeal, Portland Street argued the Commission’s decision was inconsistent with the Vermont Supreme Court’s controlling precedent, as well as prior Commission decisions involving similar cases, and that the Commission exceeded its statutory authority by expansively construing the component parts of section 8002(18) that defined the characteristics of a single plant. Applying the appropriate deferential standard of review, the Supreme Court concluded the Commission’s self-described expanded and refined interpretation of what constituted a single plant under section 8002(18) was not arbitrary, unreasonable, or discriminatory and did not amount to compelling error that would require the Court to intervene in matters the Legislature has delegated to the Commission’s expertise. Accordingly, the Court affirmed the Commission’s decision denying Portland Street’s petition for a CPG to install and operate its proposed facility under the net-metering program. View "In re Petition of Portland Street Solar LLC" on Justia Law

Petitioner TruConnect Communications, Inc., sought designation from the Vermont Public Utility Commission as an eligible telecommunications carrier (ETC) to provide affordable telecommunications service to qualifying Vermonters under the Federal Lifeline program. The Commission granted TruConnect’s application subject to certain conditions, including a condition that required TruConnect to provide a free cellular handset to its customers. TruConnect appealed, arguing that the condition was imposed on clearly erroneous grounds. After review, the Vermont Supreme Court agreed and reversed and remanded for the Commission to revise its order. View "In re Petition of TruConnect Communications, Inc." on Justia Law

Neighbors of a proposed solar electric-generation facility challenged the Public Utility Commission's (PUC) issuance of a certificate of public good for the project. At the heart of their appeal was a challenge to the PUC’s conclusions that the Apple Hill project would not unduly interfere with the orderly development of the region and would not have an undue adverse effect on aesthetics. Both of these conclusions rested in substantial part on the PUC’s conclusions that the selectboard of the Town of Bennington took the position that the Apple Hill project complied with the applicable Town Plan, and that the 2010 Town Plan did not establish a clear, written standard. After review, the Vermont Supreme Court determined the evidence and the PUC’s findings did not support these conclusions, so it reversed and remanded for further proceedings. View "In re Petition of Apple Hill Solar LLC" on Justia Law

Allco Renewable Energy Limited (Allco) appealed the Vermont Public Utility Commission’s (PUC) denial of Allco’s motion to intervene as a party in proceedings concerning whether Green Mountain Power Corporation (GMP) could purchase power generation facilities outside of Vermont. Allco argued that it should have been allowed to intervene because it meets the criteria for intervention set out in the PUC’s own rules. In particular, Allco argued it had a substantial interest in the proceedings both as a ratepayer and as a competing supplier of power. Allco also appealed the PUC’s eventual decision to allow the purchases. The Vermont Supreme Court affirmed the PUC’s denial of Allco’s motion to intervene and accordingly dismissed Allco’s second appeal. View "In re Petition of Green Mountain Power Corp. for Approval to Invest in Hydroelectric Generation Facilities Located Outside Vermont (Allco Renewable Energy Limited, Appellant)" on Justia Law