Beaupre v. Green Mountain Power Corp.

776 A.2d 424, 172 Vt. 583, 2001 Vt. LEXIS 157
CourtSupreme Court of Vermont
DecidedMay 15, 2001
DocketNo. 99-415
StatusPublished

This text of 776 A.2d 424 (Beaupre v. Green Mountain Power Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beaupre v. Green Mountain Power Corp., 776 A.2d 424, 172 Vt. 583, 2001 Vt. LEXIS 157 (Vt. 2001).

Opinions

Tenants Darlene Beaupre, Anne Blair and Luanne Gallagher appeal an order of the Public Service Board closing the docket in their contested case against utilities Green Mountain Power Corp., Burlington Electric Dept., and Central Vermont Public Service Corp. Tenants claim that (1) the board was incorrect in concluding that its authority does not extend to the exercise of personal jurisdiction over landlords and that it lacks authority to order utilities onto nonutility property to conduct inspections of wiring to resolve monetary disputes between landlords and tenants, (2) the board abused its discretion when it denied tenants’ motion for certification of this action as a class action, and (3) the board erred in concluding that it cannot acquire .in personam jurisdiction over classes of persons, such as landlords, merely by service of summons. Because the underlying billing dispute between tenants and utilities has been resolved by stipulation and a release from liability, leaving no live controversy between the parties, we affirm.

On August 7, 1996, tenants filed their complaint with the board. Previously, tenants had been residential electric customers living in rented apartments in Colchester, Burlington, and Rutland. Each complained of high utility bills arising from electricity being diverted to [584]*584others in their apartment building after the electricity had passed through tenants’ own meters. To stop the ongoing diversion and to confirm its magnitude, customers brought this action before the board, naming their respective landlords and utility providers as defendants, seeking injunctive relief and requesting rulemaking. The injunctive relief sought to require utilities to (1) investigate the internal wiring of tenants’ rental residences, (2) estimate the amount of electricity for which they paid that should have been the responsibility of the landlords or other tenants, and (3) bill such charges to the parties who appear to have actually received the service and adjust tenants’ accounts accordingly. Tenants also sought injunctive relief against their respective present and former landlords, requiring them to provide utilities access as needed for the purpose of determining how much electricity is or was being billed to tenants but is or was consumed by other users, and to install meters and rewire the premises as necessary to remedy such diversion problem.

The petition for rulemaking requested the board adopt a rule applicable to all regulated, metered utility service in the state. This rule would require such utilities to investigate all consumer complaints of apparent utility diversion of service, and, where reasonable cause existed to believe that diversion has taken place, to estimate the usage fairly chargeable to another party or parties, and to pursue such other party or parties exclusively for payment for such service, removing such charges from the account of the complaining consumer. The petition also proposed the remedy of requiring landlords of residential rental premises, at which metered utilities are not separately metered to deliver service only to the customer receiving the bill, to assume sole financial responsibility for such accounts both retroactively and prospectively. The complaint also claimed to bring this petition on behalf of a class of Vermont residential tenants who had in the two years preceding the complaint, or will have in the future, reasonable cause to believe that their utility meter is metering service consumed by persons other than themselves.

After a hearing on the matter, the hearing officer entered an order on June 9,1997, stating that (1) board jurisdiction does not extend to landlords, nor does it provide authority for the board to order utility companies onto noncompany property to conduct inspection of wiring; (2) the board does have authority to order utility companies to adjust customer bills; (3) it would be inappropriate at that time for the board to deal generally with the issue of meter diversion through rulemaking or generic investigation; and (4) an investigation into tenants’ claims was necessary, and a date for a status conference needed to be set. Shortly thereafter, the defendant landlords were formally dismissed from the action.

On July 9, tenants responded to a July 7 status conference memorandum by filing with the board a motion for class certification, and by withdrawing their earlier motion for preliminary injunctive relief. Tenants informed the hearing officer that none of the customers were still residing in the rental units where the utility diversion giving rise to the complaint occurred.

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Related

In Re Green Mountain Power Corp.
648 A.2d 374 (Supreme Court of Vermont, 1994)
In Re Tariff Filing of Central Vermont Public Service Corp.
711 A.2d 1158 (Supreme Court of Vermont, 1998)
Parker v. Town of Milton
726 A.2d 477 (Supreme Court of Vermont, 1998)
Beaupre v. Green Mountain Power Corporation
715 A.2d 1292 (Supreme Court of Vermont, 1998)
Passion v. Department of Social & Rehabilitation Services
689 A.2d 459 (Supreme Court of Vermont, 1997)

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Bluebook (online)
776 A.2d 424, 172 Vt. 583, 2001 Vt. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaupre-v-green-mountain-power-corp-vt-2001.