FROM RICH SEDANO, PSD:The Public Service Board has authority to site power projects. They are to consider town plans, but I believe it is clear the PSB can pre-empt. The PSB has the responsibility to assure that relevant facilities falling under 30 VSA 248 which are in the general public interest are not frustrated by local decisions. At the same time, we have a rich tradition of local planning, so the PSB must consider what the community has to say.
Ms. Smith perhaps does not like that there are no absolutes in predicting what the PSB would do, especially on a proposal as complex as this would be. It is this flexibility which enables the PSB to get at the public interest more precisely.
So the first question is, if the Jard site is not changed in the Town Plan and remains VR, will that affect how the PSB views the site in Bennington?
Answer: Maybe
Would the PSB allow a merchant power plant to be sited on a parcel that has been specified for non-industrial uses in a Town Plan?
Answer: Maybe
Next, if the Jard site designation is changed in the Town Plan to I, and it then goes to the Zoning Board for specific changes and the Zoning Board stipulates that all Industrial uses for the property are acceptable, except for a Power Plant, would the PSB override local zoning and allow it there?
Answer: Maybe
Third question is, apparently Bennington's zoning by-laws allow power plants to be built anywhere in Bennington, regardless of zoning or town plans. However the question arose about whether or not that applies strictly to public power or utility power plants, and does that include merchant power plants?
Answer: Power plants are power plants -- no distinctions.
Bottom line, what difference does it make? Does the PSB respect local zoning, town plans, and how do they view merchant power plants compared to the kinds of power plants the state has previously dealt with?
Answer: Yes, the PSB respects local plans, and then they make their decision considering everything. Respect does not equate to giving up pre-emptive jurisdiction. Since the PSB has never dealt with a large "at-risk" power station, the answer to the second question is not clear. However, I think one would be safe in saying (since it is a tautology) that if an applicant meets all the substantive criteria of 30 VSA 248, it will get its permit whether or not it is a utility project.
Rich Sedano