Glossary of Legal Terms
Legal/Technical

Brief

A document prepared in the final stage of a legal proceeding that presents the arguments of a party to the decision-maker in the case. It addresses the facts of the case, the pertinent law, and the reasoning for how the law applies to the facts of the case.

Certificate of Public Good (CPG)

A finding by the Public Service Board that a proposed action will promote the general good of the state. Certificates of public good are required for new gas and electric purchases, investments, and facilities, including transmission line construction or upgrade. They are also required by companies seeking to do business in the state. In effect, a CPG is a license or authorization from the Public Service Board.

Cross examination

The formal process of by which one party asks another questions that are answered under oath and on the record during a technical hearing.

Discovery

The name for the pre-trial processes used by one party to obtain information about the case from another party in preparation for a hearing or trial.

Exhibits

Any kind of physical evidence, such as a document, map, or chart, that is presented by a party in a legal proceeding. Exhibits may be attached to pre-filed testimony or offered

Evidentiary record

The official collection of all the evidence, including testimony and exhibits, accepted by the Public Service Board for consideration in a proceeding.

Intervener

An individual or organization that is a formal party to a case with the same rights and obligations as the other formal parties. An intervener may provide testimony and participate in the evidentiary hearings. Intervention is allowed where the Public Service Board finds that a person or group has a substantial interest that may be adversely affected by the outcome of the proceeding, where the proceeding is the only means by which the person or group can protect that interest, and where that interest is not adequately represented by another party.

Parties

Legally recognized participants in a legal proceeding. Parties may present evidence and make arguments to the Public Service Board, and must follow the Public Service Board’s procedural rules. Parties can be represented by an attorney or may participate without an attorney, the latter of which is known as proceeding pro se.

Petition

A document filed with the Public Service Board that requests the Board take a particular action. In the case of the Lamoille Transmission Upgrade project and other similar projects, the action requested is the granting of a Certificate of Public Good.

Petitioner

The party in a case that initiates the case by filing a petition with the Public Service Board requesting a particular action. In the Lamoille Transmission Upgrade Project, the Vermont Electric Company (VELCO), Stowe Electric Department, and Green Mountain Power are the petitioners.

Pre-filed testimony

Written testimony in a question-and-answer form filed with the Public Service Board before the technical hearing takes place. In Public Service Board proceedings, pre-filed testimony takes the place of live testimony in technical hearings. By requiring pre-filed testimony, hearings are shortened to include only cross examination and questions by the Board.

Proposal for decision

A proposed order by the hearing officer of the Public Service Board in any case in which a hearing officer has presided. Parties have the opporutnity to comment on the proposal for decision and to request oral argument prior to the issuance of a final order by the Public Service Board itself.

Pro se

The term used to describe a party that participates in a legal proceeding without an attorney.

Public hearing

Conducted by the Public Service Board to allow the Public Service Board to hear comments, concerns, and general thoughts on the case from the general public in at least one county in which the project is proposed after publishing a notice in a local newspaper. Although the Public Service Board cannot rely on these comments as evidence in making its decision, public comments play an important role by raising new issues or offering perspectives that the Public Service Board should consider.

Section 248

The section of Title 30 of the Vermont Statutes requiring a Certificate of Public Good from the Public Service Board for new gas and electric purchases, investments, and facilities, including transmission line construction or upgrade.

Service list

A list of people who are entitled to receive copies of all documents generated in a case. All parties to a case are obligated to furnish copies of any filings they make, such as testimony or motions to the Board, to all people on the service list. The Board also uses the service list to distribute copies of orders and memos it issues.

Statutory parties

The individuals or entities that become parties to a legal proceeding automatically by law. In Section 248 proceedings, the Department of Public Service and the Agency of Natural Resources are statutory parties.

Technical hearings

Formal evidentiary hearings at which evidence is entered into the record that will be considered by the Public Service Board in making its decision. During the technical hearings, witnesses are cross-examined and the Board's hearing officer (or the Board, if it is hearing a case directly) may ask questions of the witness. Also see pre-filed testimony.

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)