2011 Vermont Code
Title 30 Public Service
Chapter 1 APPOINTMENT, GENERAL POWERS AND DUTIES
§ 20 Particular proceedings; personnel

§ 20. Particular proceedings; personnel

(a)(1) The board or department may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research services:

(i) to assist the board or department in any proceeding listed in subsection (b) of this section;

(ii) to monitor compliance with any formal opinion or order of the board;

(iii) in proceedings under section 248 of this title, to assist other state agencies that are named parties to the proceeding where the board or department determines that they are essential to a full consideration of the petition, or for the purpose of monitoring compliance with an order resulting from such a petition;

(iv) in addition to the above, in proceedings under subsection 248(h) of this title, by contract with the regional planning commission of the region or regions affected by a proposed facility, to assist in determining conformance with local and regional plans and to obtain the commissions data, analysis and recommendations on the economic, environmental, historic, or other impact of the proposed facility in the region; and

(v) to assist in monitoring the ongoing and future reliability and the postclosure activities of any nuclear generating plant within the state. For the purpose of this subdivision, "postclosure activities" includes planning for and implementation of any action within the state's jurisdiction that shall or will occur when the plant permanently ceases generating electricity.

(2) The agency of natural resources may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, other research, scientific or engineering services to:

(A) assist the agency of natural resources in any proceeding under section 248 of this title;

(B) monitor compliance with an order issued under section 248 of this title;

(C) assist the board or department in any proceedings described in subdivisions (b)(9) (Federal Energy Regulatory Commission) and (11) (Nuclear Regulatory Commission) of this section. Allocation of agency of natural resources costs under this subdivision (C) shall be in the same manner as provided under subdivisions (b)(9) and (11) of this section. The agency of natural resources shall report annually to the joint fiscal committee all costs incurred and expenditures charged under the authority of this subsection with respect to proceedings under subdivision (b)(9) of this section and the purpose for which such costs were incurred and expenditures made.

(3) The personnel authorized by this section shall be in addition to the regular personnel of the board or department or other state agencies; and in the case of the department or other state agencies may be retained only with the approval of the governor and after notice to the applicant or the public service company or companies. The board or department shall fix the amount of compensation and expenses to be paid such additional personnel, except that the agency of natural resources shall fix the amount of compensation and expenses to be paid to additional personnel that it retains under subdivision (2) of this subsection.

(b) Proceedings, including appeals therefrom, for which additional personnel may be retained are:

(1) hearings resulting from a utility request to seek an increase in its rates, tolls or charges including hearings resulting from complaints against the proposed increase;

(2) hearings resulting from a petition by a utility or a person operating a utility to issue stock, bonds, notes or other evidences of indebtedness for which the approval of the board is required by law;

(3) hearings resulting from a petition for a merger, consolidation, or acquisition for which the approval of the board is required by law;

(4) hearings resulting from a petition for a certificate of public good;

(5) hearings resulting from a petition to acquire property through the exercise of eminent domain under section 110 et seq. of this title;

(6) hearings resulting from an investigation initiated by the board or resulting from a petition brought by the department;

(7) proceedings under chapter 13 of this title relating to regulation of cable television systems, provided that due regard shall be taken of a cable television company's size and gross operating revenues;

(8) hearings resulting from opinions requested under subsection 248(h) of this title;

(9) proceedings at the Federal Energy Regulatory Commission which involve Vermont utilities or which may affect the interests of the state of Vermont. Costs under this subdivision shall be charged to the involved electric or natural gas companies pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature the costs shall be allocated to electric or natural gas companies in proportion to the benefits sought for the customers of such companies from such advocacy. The public service board and the department of public service shall report quarterly to the joint fiscal committee all costs incurred and expenditures charged under the authority of this subsection, and the purpose for which such costs were incurred and expenditures made;

(10) proceedings under the federal Telecommunications Act of 1996;

(11) proceedings at the Nuclear Regulatory Commission which involve Vermont utilities or which may affect the interests of the state of Vermont. Costs under this subdivision shall be charged to the involved electric companies pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to electric companies in proportion to the benefits sought for the customers of such companies from such advocacy;

(12) proceedings at the United States Bankruptcy Court which involve Vermont utilities or which may affect the interests of the state of Vermont. Costs under this subdivision shall be charged to the involved utilities pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to utilities in proportion to the benefits sought for the customers of such companies from such advocacy;

(13) proceedings before the Federal Communications Commission or related forums which involve Vermont utilities or which may affect the interests of the state of Vermont. Costs under this subdivision shall be charged, pursuant to subsection 21(a) of this title, to the companies providing telecommunications services on a common carrier basis. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy;

(14) proceedings before the Federal Communications Commission or related forums which involve a company that owns a cable television system holding a certificate of public good and delivering services in Vermont or which may affect the interests of the state of Vermont. Costs under this subdivision shall be charged to the company pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy;

(15) proceedings before any state or federal court concerning a company holding or a facility subject to a certificate issued under this title if the proceedings may affect the interests of the state of Vermont. Costs under this subdivision (15) shall be charged to the involved company pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy.

(c) Persons employed by the state are competent to be designated to act for the same purposes and in lieu of or in conjunction with additional personnel retained under this section. However, when so acting, they shall not receive compensation in addition to their regular pay. (Amended 1959, No. 329 (Adj. Sess.), { 39(b), eff. March 1, 1961; 1961, No. 258, { 1, eff. July 31, 1961; 1975, No. 254 (Adj. Sess.), { 154; 1979, No. 204 (Adj. Sess.), { 6, eff. Feb. 1, 1981; 1987, No. 65, { 7, eff. May 28, 1987; 1987, No. 271 (Adj. Sess.), { 16, eff. June 21, 1988; No. 273 (Adj. Sess.), { 4, eff. June 21, 1988; 1989, No. 63, { 1, eff. May 22, 1989; 1995, No. 182 (Adj. Sess.), { 12, eff. May 22, 1996; 1997, No. 135 (Adj. Sess.), { 1; 1999, No. 49, { 150; 1999, No. 155 (Adj. Sess.), { 12h; 2001, No. 143 (Adj. Sess.), §§ 47, 48; 2003, No. 98 (Adj. Sess.), { 1; 2009, No. 146 (Adj. Sess.), { F25; 2011, No. 47, { 20n, eff. May 25, 2011.)