In Re Vermont Elec. Power Co., Inc.

2006 VT 21, 895 A.2d 226, 179 Vt. 370, 2006 Vt. LEXIS 37
CourtSupreme Court of Vermont
DecidedMarch 10, 2006
Docket05-164
StatusPublished
Cited by11 cases

This text of 2006 VT 21 (In Re Vermont Elec. Power Co., Inc.) 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
In Re Vermont Elec. Power Co., Inc., 2006 VT 21, 895 A.2d 226, 179 Vt. 370, 2006 Vt. LEXIS 37 (Vt. 2006).

Opinion

Skoglund, J.

¶ 1. In this case we consider three appeals from a Public Service Board order granting a certificate of public good for a proposal by Vermont Electric Power Company (VELCO) and Green Mountain Power (GMP) to construct a series of electric transmission upgrades known collectively as the Northwest Reliability Project. Appellants the Town of New Haven, the Town of Middlebury, and the Addison County Regional Planning Commission 1 jointly contend the Board erroneously: (1) approved a 345-kilovolt (kv) transmission line for a portion of the project instead of a less intrusive but allegedly adequate 115-kv line; (2) misstated and ignored relevant evidence concerning electromagnetic fields generated by the 345-kv transmission line; (3) failed to consider a proposal to underground the line in an environmentally sensitive location in the Town of New Haven; and (4) prejudiced landowners in future eminent domain proceedings by approving VELCO’s specific plans. Appellant Town *373 of Shelburne (Shelburne) claims that the Board improperly failed to: (1) identify a specific southerly route for the proposed transmission line through the Town; (2) address the aesthetic impacts of the proposed line; (3) consider land conservation measures in the Town plan; and (4) make a final determination of VELCO’s responsibility to underground a portion of the line. Appellant Meach Cove Real Estate Trust (Meach Cove) argues that the Board violated statutory requirements and settled case law by: (1) mandating a specific route for the proposed transmission line over its property; (2) depriving it of the opportunity to contest key issues in future eminent domain proceedings; (3) denying its request for a declaration that issuance of the certificate of public good will not have a preclusive effect in subsequent eminent domain proceedings; and (4) failing to consider alternative sites for construction of the proposed line. For the reasons set forth below, we affirm the Board’s decision.

¶ 2. In June 2003, VELCO and GMP (hereafter, collectively “VELCO”) filed petitions with the Board seeking a certificate of public good (CPG) for a set of transmission upgrades in the northwestern portion of the state. See 30 V.S.A. § 248(a) (providing that no electric company may begin site preparation or construction of electric generation or transmission facility, or exercise the right of eminent domain in connection therewith, unless the Board “first finds that the same will promote the general good of the state and issues a certificate to that effect”). In its petition, VELCO asserted that projected increases in electric demand in northwestern Vermont, measured against certain national and regional operating standards, made it imperative to strengthen the transmission grid serving the area in order to maintain desirable levels of reliability. To this end, VELCO proposed five basic upgrades: (1) the construction of a new 35.5-mile, 345-kv transmission line from West Rutland to New Haven, parallel to an existing 115-kv line passing through a number of towns, including appellants Middlebury and New Haven; (2) replacement of existing 34.5-kv and 46-kv subtransmission lines with a new 27-mile, 115-kv line between New Haven and South Burlington passing though portions of several additional towns, including appellant Shelburne; (3) the reconductoring of VELCO’s existing 5.6-mile, 115-kv transmission line between Williamstown and Barre; (4) upgrades to, or reconstruction of, a number of substations throughout the northwest region; and (5) construction of a new substation and associated 1.6-mile subtransmission line in Vergennes.

*374 ¶ 3. During thirty-seven days of public and technical hearings that spanned most of a year, the Board took extensive and wide-ranging testimony and documentary evidence concerning the project from expert and lay witnesses representing several dozen parties. See id. § 248(a)(4) (requiring the Board to hold both “nontechnical” public hearings in counties affected by the proposal and “technical” hearings at locations of its choice). The hearings addressed both general and site-specific issues relating to the statutory criteria for issuance of a CPG under § 248(b), including the project’s consistency with “land conservation measures” contained in local municipal plans, id. § 248(b)(1); its necessity to meet present and future demand for service that could not otherwise be met “in a more cost effective manner through energy conservation programs and measures and energy-efficiency and load management measures,” id. § 248(b)(2); its “economic benefit to the state and its residents,” id. § 248(b)(4); and whether it would “have an undue adverse effect on esthetics, historic sites, air and water purity, the natural environment and the public health and safety, with due consideration having been given to” several of the statutory criteria for protection of the environment set forth in Act 250, id. § 248(b)(5). Appellants participated actively in the hearings, offering evidence to support their views on the best means to protect the aesthetic, health, environmental, and economic interests of their communities. 2

¶ 4. At the conclusion of the process, the Board issued a written order spanning over 240 pages, including appendices, and containing over 640 findings in support of its conclusions. In brief, the Board determined that: the current bulk transmission system fails to meet reliability standards; the proposed project will enable the system to satisfy Vermont’s reasonably projected reliability needs; and “there is no cost-effective alternative to the proposed Project that is reasonably assured of timely implementation.” 3 While finding that *375 the project will have adverse aesthetic impacts in certain areas, the Board concluded that mitigation measures, such as careful pole placement, screening, the relocation of the New Haven substation, and undergrounding the line in at least one location in Shelburne, will ensure that the impact is not undue. With respect to health and safety concerns, the Board heard substantial testimony and reviewed numerous studies concerning electric and magnetic field (EMF) exposure. The Board concluded that the scientific evidence of any health risk was weak to nonexistent and provided no justification for imposing significant mitigation measures, such as undergrounding the line. Nevertheless, as part of the post-certification process, the Board ordered VELCO to identify areas of relatively high EMF levels near residences and propose measures to mitigate exposure at those locations, and to monitor and regularly report to the Board the scientific evidence regarding the health effects of EMF.

¶ 5.

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Bluebook (online)
2006 VT 21, 895 A.2d 226, 179 Vt. 370, 2006 Vt. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vermont-elec-power-co-inc-vt-2006.