SOUTHERN VERMONT NATURAL GAS PIPELINE - REVIEW INFORMATION PREPARED FOR INFORMATIONAL MEETINGS
Introduction
Three companies are preparing a proposal to build a natural gas system in southwestern Vermont. SVNG is planning a gas pipeline and gas distribution plants in Vermont from the Vermont/New York border through Bennington and up to Rutland. The Iroquois pipeline would be extended from the Albany area to the Vermont connection. Gas plants to generate electricity are proposed for Bennington and Rutland. The purpose of this handout is to briefly describe the Public Service Board process which will be used to review these projects.
The Process
Before anything can be built the companies must obtain various state and federal permits. One part of the approval process is for the companies to petition the Vermont Public Service Board for a Certificate of Public Good (,CPG0/00) under section 248 of Title 30 of the Vermont Statutes Annotated. Once the companies petition the Public Service Board for approval under section 248, the Department of Public Service conducts an investigation of the proposed projects on behalf of the people of the State of Vermont. The Department with the assistance of other state agencies and experts will make a recommendation to the Public Service Board as to whether the companies, filings satisfy the statutory criteria laid out in section 248 for the issuance of a CPG. Additionally, the Department and the Board will obtain input from the public through public hearings that will occur during the course of the proceedings. A public hearing is a chance for any member of the public to state his or her views on the proposed project. The entire public hearing is recorded stenographically by a court reporter. Notice of the public hearings will be published in a newspaper of general circulation in your county. Technical hearings will also occur in which the examination of witnesses takes place and evidence is submitted to the Board for consideration in its final determination as to whether or not the projects should receive certificates of public good. While anyone who attends may speak at a public hearing, under Vermont law, only those who have been admitted as parties may participate in the technical hearings.
248 Criteria
Section 248 of Title 30, sets forth the criteria for judging projects such as those proposed by Southern Vermont Natural Gas and Vermont Energy Park Holdings. Following is a summary of the section 248 criteria. Section 248 requires that before the Public Service Board issues a certificate of public good, it shall find that the purchase, investment or construction:
1. will not interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions, the recommendations of the municipal legislative bodies, and the land conservation measures contained in the plan of the affected municipality. With respect to the pipeline, the line shall be in conformance with any applicable provisions concerning such lines contained in the duly adopted regional plan, and parties can apply to condition the CPG so as to prohibit service connections that would not conform with the adopted municipal plan in any municipality in which the line is located.
2. is required to meet the need for present and future demand for service which could not otherwise be provided in a more cost effective manner through energy conservation programs and measures and energy-efficiency and load management measures;
3. will not adversely affect system stability and reliability;
4. will result in an economic benefit to the state and its residents;
5. with respect to an in-state facility, will not have an undue adverse effect on the esthetics, historic sites, air and water purity, the natural environment and the public health and safety;
6. is in compliance with the electric energy plan approved by the Department of Public Service or that there exists good cause to permit the proposed action;
7. does not have an undue adverse effect on any segment of the waters of the state that has been designated as outstanding resource waters by the water resource board; and
8. can be served economically by existing or planned transmission facilities without undue adverse effect on Vermont utilities or customers.
More Information This informational sheet was designed to give you a general overview of the process to be used to evaluate any proposals for natural gas facilities brought before the Public Service Board. If you have questions please contact: Sarah Hofmann, Special Counsel Department of Public Service 112 Main Street - Drawer 20 Montpelier, VT 05620-2601
Prepared 6/99