2013 Vermont Statutes
Title 30 Public Service
Chapter 1 APPOINTMENT, GENERAL POWERS AND DUTIES
§ 21 Particular proceedings; assessment of costs

21. Particular proceedings; assessment of costs

(a) The Board, the Department, or the Agency of Natural Resources may allocate the portion of the expense incurred or authorized by it in retaining additional personnel for the particular proceedings authorized in section 20 of this title to the applicant or the public service company or companies involved in those proceedings. The Board shall upon petition of an applicant or public service company to which costs are proposed to be allocated, review and determine, after opportunity for hearing, having due regard for the size and complexity of the project, the necessity and reasonableness of such costs, and may amend or revise such allocations. Nothing in this section shall confer authority on the Board to select or decide the personnel, the expenses of whom are being allocated, unless such personnel are retained by the Board. Prior to allocating costs, the Board shall make a determination of the purpose and use of the funds to be raised hereunder, identify the recipient of the funds, provide for allocation of costs among companies to be assessed, indicate an estimated duration of the proceedings, and estimate the total costs to be imposed. With the approval of the Board, such estimates may be revised as necessary. From time to time during the progress of the work of such additional personnel, the Board, the Department, or the Agency of Natural Resources shall render to the company detailed statements showing the amount of money expended or contracted for in the work of such personnel, which statements shall be paid by the applicant or the public service company into the State Treasury at such time and in such manner as the Board, the Department, or the Agency of Natural Resources may reasonably direct.

(b) When regular employees of the Board, the Department, or the Agency of Natural Resources are employed in the particular proceedings described in section 20 of this title, the Board, the Department, or the Agency of Natural Resources may also allocate the portion of their costs and expenses to the applicant or the public service company or companies involved in the proceedings. The costs of regular employees shall be computed on the basis of working days within the salary period. The manner of assessment and of making payments shall otherwise be as provided for additional personnel in subsection (a) of this section.

(c) With the approval of the Governor, the Department of Public Service may also allocate such portion of expense incurred by it in administering the purchase of electric energy or power or natural gas from outside the State, to the electric or gas distribution companies, cooperative, municipal or privately-owned, to which such energy, power or gas is sold, in proportion to the purchases thereof to such companies. When regular employees are employed on such work, their cost shall be computed on the basis of working days within the salary period. The manner of assessment and making payments shall otherwise be as provided for additional personnel in subsection (a) of this section.

(d) The Agency of Natural Resources may allocate expenses under this section only for costs in excess of the amount specified in 3 V.S.A. 2809(d)(2).

(e) On or before January 15, 2011, and annually thereafter, the Agency of Natural Resources shall report to the Senate and House Committees on Natural Resources and Energy the total amount of expenses allocated under this section during the previous fiscal year. The report shall include the name of each applicant or public service company to whom expenses were allocated and the amount allocated to each applicant or company.

(f) With the approval of the Governor, the Department of Public Service may allocate the expense incurred under 10 V.S.A. 7063 in compensating members and alternate members of the Commission among the generators of low-level radioactive waste in the State. Any such allocation shall be in proportion to the volume of waste generated by each such generator.

(g) The Board, or the Department with the approval of the Governor, may allocate such portion of expense incurred or authorized by it in compensating persons retained pursuant to subdivision 20(a)(1)(v) of this title to the nuclear generating plant whose activities are being monitored.

(h) Under subsections (f) and (g) of this section, the manner of assessment and making payments shall be as provided in subsection (a) of this section. A generator or plant to which expense is allocated under subsection (f) or (g) of this section may petition the Board in accordance with the procedures of subsection (a) of this section. (Amended 1959, No. 329 (Adj. Sess.), 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), 7, eff. Feb. 1, 1981; 1989, No. 63, 2, eff. May 22, 1989; 1999, No. 49, 151; 1999, No. 157 (Adj. Sess.), 1; 2009, No. 146 (Adj. Sess.), F26; 2011, No. 47, 20o, eff. May 25, 2011; 2011, No. 139 (Adj. Sess.), 27, eff. May 14, 2012.)