The Vermont Public Service Board, which is the state's utility regulator, opened and then suspended two requests from Vermont Gas Systems to allow it to take private land in order to complete its Addison County gas pipeline extension. The orders are dated April 29 and are copied below. The PSB states that it will not rule on the eminent domain requests until it has ruled on the larger question of whether to reopen the VGS case. VGS serves Franklin and Chittenden Counties and has already started construction on the Addison pipeline. Because of two increases in cost estimates in 2014, VGS' Certificate of Public Good was appealed to the Vermont Supreme Court, which sent the case back to the PSB for further review in February. If the PSB reopens the case, "the possible outcomes include that the Board could affirm, modify, or revoke the CPG that was issued." The PSB is expected to rule before the end of summer.
PSB Rulings:
Petition of Vermont Gas Systems, Inc. for
authority to condemn easement rights over real
property of William M. Martin, Green Mountain
Power Corporation, and Telephone Operating
Company of Vermont, LLC, located in
Monkton, Vermont
STATE OF VERMONT
PUBLIC SERVICE BOARD
Docket No. 8479
Petition of Vermont Gas Systems, Inc. for
authority to condemn easement rights over real
property of William M. Martin, Green Mountain
Power Corporation, and Telephone Operating
Company of Vermont, LLC, located in
Monkton, Vermont
))))))
Order entered: 4/29/2015
ORDER OPENING AND STAYING PROCEEDING
On April 6, 2015, Vermont Gas Systems, Inc. ("VGS" or the "Company"), filed a petition
with the Vermont Public Service Board ("Board") pursuant to 30 V.S.A. §§110-1224 to condemn
easement rights over the real property of William M. Martin, Green Mountain Power
Corporation, and Telephone Operating Company of Vermont, LLC (the "Landowners"), located
in Monkton, Vermont. In the petition, the Company states that the condemnation "is in
furtherance of the Addison Rutland Natural Gas Project" regarding which the Board issued a
Certificate of Public Good ("CPG") in Docket 7970 on December 23, 2013 (the "Final Order")
and "approved the route over the Landowner's property through post-certification review and
approval of the Old Stage Road Re-Route" on November 25, 2014.
On April 9, 2014, the Final Order in Docket 7970 was appealed to the Vermont Supreme
Court. On February 9, 2015, Docket 7970 was remanded to the Board for further proceedings
arising from the Company's disclosure on December 19, 2014, of certain information relating to
the estimated costs of the Project for which the CPG was granted on December 23, 2013.
At this time, it is not known what the result of the proceedings on remand in Docket 7970
will be; the possible outcomes include that the Board could affirm, modify, or revoke the CPG
that was issued in Docket 7970. Thus, we have taken the step of opening this Docket today in
response to the condemnation petition filed by VGS, but we are simultaneously staying this
Docket until such time as a final order has been issued in the remand proceedings that are now
underway in Docket 7970. The Clerk of the Board shall provide a copy of this Order to the
Landowners, but shall not set a time and place for hearing the petition and shall not issue a
citation until the stay in this Docket has been lifted.
SO ORDERED.
Dated at Montpelier, Vermont, this 29th day of April , 2015.
s/James Volz )
) PUBLIC SERVICE
)
s/Margaret Cheney ) BOARD
))
OF VERMONT
s/Sarah Hofmann )
OFFICE OF THE CLERK
FILED: April 29, 2015
ATTEST: s/Susan M. Hudson
Clerk of the Board
NOTICE TO READERS: This decision is subject to revision of technical errors. Readers are requested to
notify the Clerk of the Board (by e-mail, telephone, or in writing) of any apparent errors, in order that any
necessary corrections may be made. (E-mail address: [email protected])
STATE OF VERMONT
PUBLIC SERVICE BOARD
Docket No. 8480
Petition of Vermont Gas Systems, Inc. for
authority to condemn easement rights over real
property of Leonard A. Domingue and Heather
R. Lynch and Homebridge Financial Services,
Inc., located in Monkton, Vermont
)))))
Order entered: 4/29/2015
ORDER OPENING AND STAYING PROCEEDING
On April 6, 2015, Vermont Gas Systems, Inc. ("VGS" or the "Company"), filed a petition
with the Vermont Public Service Board ("Board") pursuant to 30 V.S.A. §§110-1224 to condemn
easement rights over the real property of Leonard A. Domingue and Heather R. Lynch and
Homebridge Financial Services, Inc. (the "Landowners"), located in Monkton, Vermont. In the
petition, the Company states that the condemnation "is in furtherance of the Addison Rutland
Natural Gas Project" regarding which the Board issued a Certificate of Public Good ("CPG") in
Docket 7970 on December 23, 2013 (the "Final Order").
On April 9, 2014, the Final Order in Docket 7970 was appealed to the Vermont Supreme
Court. On February 9, 2015, Docket 7970 was remanded to the Board for further proceedings
arising from the Company's disclosure on December 19, 2014, of certain information relating to
the estimated costs of the Project for which the CPG was granted on December 23, 2013.
At this time, it is not known what the result of the proceedings on remand in Docket 7970
will be; the possible outcomes include that the Board could affirm, modify, or revoke the CPG
that was issued in Docket 7970. Thus, we have taken the step of opening this Docket today in
response to the condemnation petition filed by VGS, but we are simultaneously staying this
Docket until such time as a final order has been issued in the remand proceedings that are now
underway in Docket 7970. The Clerk of the Board shall provide a copy of this Order to the
Landowners, but shall not set a time and place for hearing the petition and shall not issue a
citation until the stay in this Docket has been lifted.
SO ORDERED.
Dated at Montpelier, Vermont, this 29th day of April , 2015.
s/James Volz )
) PUBLIC SERVICE
)
s/Margaret Cheney ) BOARD
))
OF VERMONT
s/Sarah Hofmann )
OFFICE OF THE CLERK
FILED: April 29, 2015
ATTEST: s/Susan M. Hudson
Clerk of the Board
NOTICE TO READERS: This decision is subject to revision of technical errors. Readers are requested to
notify the Clerk of the Board (by e-mail, telephone, or in writing) of any apparent errors, in order that any
necessary corrections may be made. (E-mail address: [email protected])