Section 248
An Introduction

All electrical utility transmission and generation construction projects require the approval of the Vermont Public Service Board (PSB) under 30 V.S.A., Section 248—also known as a “248 Proceeding.” The approval process involves a legal proceeding conducted by the PSB in which the key participants present evidence on the basis of which the PSB decides whether to issue a Certificate of Public Good.

Filing a Petition
There are several steps between the filing of a petition for a Certificate of Public Good and the final order from the PSB approving, denying, or modifying the proposed project. The process begins when the utility or individual seeking to construct the proposed project files a petition for a Certificate of Public Good with supporting prefiled testimony. Next, the PSB holds a prehearing conference to determine how the case will be managed. The PSB identifies potential parties, the issues necessary to resolve the case, and establishes a schedule for discovery, the public hearing, a site visit if one is to be conducted, and the techincal hearings.

Hearings
The PSB decides who may intervene and become a party to the case, conducts at least one public hearing in a county in which the project is proposed, and may hold a site visit. The technical hearings that follow are very much like a trial, except that direct testimony is prefiled in writing before the hearing. During the evidentiary hearings, witnesses are cross examined and questioned by the Board under oath. Other kinds of evidence, such as exhibits, are entered into the record that the PSB considers. At the close of the technical hearings, parties may file briefs with the PSB. The briefs provide the parties an opportunity to make any closing arguments and propose findings for the PSB to consider. Once the evidentiary hearings have been completed and the parties have been given the opportunity to submit briefs, the PSB issues a decision that is based on findings of fact and conclusions of law. The final decision must be based on the evidentiary record.

Proposal for Decision and Final Order
If the PSB does not hear the case directly, the Hearing Officer issues a proposal for decision. Parties have the opportunity to comment on the proposal for decision and to request oral argument before the PSB. The proposal for decision and any comments on it are submitted to the three-member PSB for review and issuance of a final order. The final order is subject to motions for reconsideration, and may be appealed to the Vermont Supreme Court.

Note: This introduction provides a general overview of the Section 248 process. It is not intended to provide all information necessary to participate in a Section 248 proceeding. Such participation would require a more detailed examination of the PSB's procedural rules and the substantive requirements of state law.

DOCKET 7032
CASE SCHEDULE

02.09.05
Public hearing

02.18.05
Deadline for intervention requests

03.10.05
Site visit

03.18.05
Last date for filing discovery requests on petitioners

03.28.05
Last date for petitioners’ prefiled direct testimony and exhibits

04.11.05
All parties other than petitioners prefile direct testimony and exhibits

05.02.05
Last day to serve discovery on April 11 prefiled testimony and exhibits

05.12.05
Last day for discovery responses

05.23.05
All parties prefile rebuttal testimony and exhibits

06.03.05
Last day to serve discovery on rebuttal prefiled testimony and exhibits

06.13.05
Last day for responses to rebuttal discovery

06.27.05
All parties prefile surrebuttal testimony and exhibits

07.06.05
Technical hearing

07.07.05
Technical hearing

07.08.05
Technical hearing

07.18.05 (week of)
Technical hearings

08.08.05
Briefs due

08.22.05
Reply briefs due

10.19.05
Proposal for decision issued

11.04.05
Comments due on proposal for decision

12.07.05
Oral argument on proposal for decision

BOARD SCHEDULING ORDER (PDF)

SCHEDULE CHANGE MEMO OF 04.14.05 (PDF)