Role of the
Department of Public Service
in 248 Proceedings

The Department of Public Service (DPS) is charged by law with representing the public interest in cases where a utility is seeking a Certificate of Public Good for an electric transmission or generation facility. Such cases are called "Section 248" proceedings. The specific charge is to "represent the interests of the people of the state…." (See Title 30, Section 2 of the Vermont Statutes.)

This charge requires that DPS carefully balance individual and collective interests. In transmission cases, that balance involves a whole range of issues including ensuring reliable electricity for all, the cost to ratepayers, community needs, and aesthetic and environmental impacts. At times, the collective interest may conflict with individual interests. In these instances, DPS sometimes must seek ways of mitigating individual impacts while representing the larger public good. The PSB process provides the opportunity for individuals who feel the collective interest does not give their concerns adequate weight to come forward on their own behalf. A number of individuals and groups representing individuals are participating in the Lamoille Transmission Upgrade Project case before the Public Service Board (PSB) in this way.

To carry out its role, DPS is automatically a party in a 248 proceeding. This means that one or more DPS attorneys represent the Department in the case before the PSB. DPS experts, including both in-house staff and consultants, evaluate the project proposal and, through the attorneys, ask discovery questions of the petitioner, and then serve as expert witnesses, preparing written testimony offering DPS recommendations in the case and then testifying at the technical hearings to answer cross-examination and the PSB's questions. DPS's attorneys will then file legal briefs in the last phase of the case. In the Lamoille Project case, DPS witnesses include experts in the areas of economics, engineering, aesthetics, and health (through Department of Health witnesses).

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)