LAMOILLE COUNTY TRANSMISSION UPGRADE PROJECT

Information Resources

VERMONT DEPARTMENT OF PUBLIC SERVICE

03.16.05
Group pushes for local power line permit
VELCO claims local review not necessary

BY LISA MCCORMACK, STOWE REPORTER

A proposed $20.3 million power line upgrade that would supply more electricity to the greater Stowe area may require a local zoning permit before it can be built.

Affected Property Owners of Stowe, a consortium of residents who oppose the current design plan for the power line, on Monday asked town officials to investigate whether the project would be subject to local zoning review. Group representatives believe both current zoning ordinances and the way the town has handled other electric department projects in the past both suggest that a local permit would be needed.

The project, which has been designed by the Vermont Electric Power Company, is currently under review by the state’s Public Service Board.

Steve Riley, a Stowe resident who owns property near the proposed power line, said the project would require a special “conditional use” permit because certain segments of the new, 115-kilovolt line would cross property zoned specifically for residential use only.

“It’s clear to me that our zoning has been set up to review such projects,” Riley said. “If you read our zoning regulations, it’s required. It’s that simple.”

VELCO is unaware of any local permits required for the Lamoille County power line project, according to Dave Mace, the company’s manager of public relations.

“Transmission infrastructure projects like this are regulated under Title 30, Section 248, and the Public Service Board has sole authority for approving these projects,” Mace said. “In addition to the Public Service Board, VELCO must also comply with the requirements of state and federal regulatory agencies such as the Vermont Agency of Natural Resources and the U.S. Army Corps of Engineers.”

Property owners opposing the design plan for the project have said that they understand the need for the power upgrade, but fear the new power poles and towers would mar their views and lower their property values. The proposed 115-kilovolt line would run beside an existing 34.5-kilovolt line along the Route 100 corridor from Waterbury to Stowe, according to VELCO design plans.

Riley cited the Wilkins Substation near Cadys Hill Road as an example of how the town issued a local permit for an electric department project that also required state approval. Stowe town officials in 1994 asked the Public Service Board to issue a certificate of public good for the substation. Before sending its application to the state, the town submitted its plans to the Stowe Planning Commission and the now defunct Stowe Zoning Board of Adjustment. Both zoning boards eventually approved the project.

Select Board Chairman Dick Marron believes the town must strike a balance between the need for the power line upgrade and residents’ concerns about the project. The line is needed to meet growing demands for power in Stowe and Lamoille County, where electrical supplies are already inadequate during peak periods, town officials have said.

Select board members on Monday said a local review of the power line project may be unnecessary because the public service board is already reviewing the design details of the project. In addition, they said that they would participate during upcoming hearings for the project to ensure that its aesthetic and environmental impacts are minimal.

A new substation that has been proposed as part of the project would likely go before the Stowe Development Review Board, but Selectman Ted Teffner said asking local zoning officials to review the design plans before the entire project gets state approval would be too cumbersome.

“It just seems to me that it would be more logical to wait for the Section 248 (state) approval and then take it to the DRB,” said Teffner.

Stowe Electric Department incoming General Manager Ellen Tillotson said she will ask the department’s attorney to investigate whether local permits would be needed for the project, and if so, whether they should be secured during or after state review.

Local planning and zoning regulations are not applicable, and those bodies do not have direct jurisdiction over Section 248 applications, according to Mace. Instead, the local planning commission, as well as the select board or other governing body, generally has legal standing to participate in the Public Service Board process if the project is located in their town.

Reprinted with permission of the Stowe Reporter

 

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)