Vermont Public Service Board Issues Order in Re: Application of Smugglers Notch Management Company, Inc. for a Certificate of Public Good for an…

Vermont Public Service Board Issues Order in Re: Application of Smugglers Notch Management Company, Inc. for a Certificate of Public Good for an Interconnected Group Net-Metered Photovoltaic Electrical Power System

MONTPELIER, Vt., Dec. 14 -- The Vermont Public Service Board issued the following order:

CPG #NM-1681

Application of Smugglers Notch Management Company, Inc. for a certificate of public good for an interconnected group net-metered photovoltaic electric power system

Order entered: 12/14/2011

I. INTRODUCTION

This case involves an application filed by Smugglers Notch Management Company, Inc. ("Applicant") on October 5, 2011, requesting a certificate of public good ("CPG") pursuant to 30 V.S.A. SS 219a and 248 and Vermont Public Service Board ("Board") Rule 5.100 for a net metering system. The photovoltaic net metering system is a group system and includes two electric meters.

Notice of the application in this docket was sent to all parties as specified in the Board's Rule 5.100. The notice stated that any party wishing to submit comments or request a hearing in this matter needed to file comments with the Board within thirty (30) days of the date that the notice of the application was sent.

On November 4, 2011, adjoining landowner April Edwards filed comments, via e-mail, on the proposed project.

On November 4, 2011, adjoining landowner Barbara Grigat filed comments on the proposed project.

On November 3 and 4, 2011, approximately 26 public comments, via e-mail, were filed regarding the proposed project. The majority of the comments consisted of a form letter requesting additional information and a public hearing on the proposed project.1

On November 10, 2011, the Applicant filed responses to the comments of Ms. Edwards and Ms. Grigat, respectively.

The Board has reviewed the application and accompanying documents and agrees that, pursuant to 30 V.S.A. SS 219a and 248 and the Board's Rule 5.100, a CPG should be issued without further investigation or hearing.

II. FINDINGS

Based upon the application and its accompanying documents, the Board makes the following findings in this matter.

1. The proposed group net metering project will be located on property owned by the Applicant in an open field at the intersection of Edwards Road and County Road 101 in Jeffersonville, Vermont. Application at Section 1.

2. The proposed net metering facility is to be erected on a new structure. Application at Section 4.

3. The proposed group system consists of a photovoltaic system with a total system-rated power output of 139.65 kW AC. The facility will be interconnected with the Vermont Electric Cooperative, Inc. electrical distribution system. Application at Section 4 and attachments.

4. Applicant has specified the two meters to be included in the group system by account number and location. Applicant has also provided a method for adding or removing meters included in the group system. Application at Section 7 and attachments.

5. Applicant has designated Dan Maxon as the person responsible for receiving all communications regarding the group system. Application at Section 7.

6. All disputes among users of the group system will be resolved by the Applicant. Application at Section 7.

7. Applicant has certified that the project is in compliance with all of the provisions of Sections 3 and 8 of the application. Based on these submissions, we conclude that the project does not raise a significant issue with respect to the environmental criteria of 30 V.S.A. S 248. Application at Sections 3 and 8 and Attachments.

8. Applicant has certified compliance with the insurance requirements as set forth in Section 3 of the application. Application at Section 3.

III. DISCUSSION AND CONCLUSION

Ms. Edwards states that while she appreciates "the efforts of Smugglers Notch to look at alternative energy," she would like to be made aware of "what the final project is going to look like . . .".2

Ms. Grigat states that she is "very enthusiastic that Smugglers' Notch Management Corporation is pursuing the construction of renewable energy sites."3 However, Ms. Grigat contends that the net metering application should be rejected because it does not comply with Board Rule 5.402 and makes no reference to the "Guide to the Vermont Public Service Board's Section 248 Process."4

In response to the comments filed by Ms. Edwards, the Applicant provided a photosimulation of an aerial view of the proposed project that includes the locations of proposed plantings surrounding the project. In response to the comments filed by Ms. Grigat, the Applicant states that its representatives have met with Ms. Grigat at least three times to discuss the proposed project, including a site visit at which the approximate corners of the array were identified, and a 16-foot-high marker was placed in order to give a sense of the array's "presence."5 The Applicant also maintains that it has met its obligations pursuant to Board Rule 5.100 "which relates to obtaining a Certificate of Public Good for projects below 150 kW (which our project is)."6 In Docket No. 6181,7 the Board developed a net metering program in accordance with the statutory requirements of 30 V.S.A. S 219a. This program was further refined by the Board with the adoption of Board Rule 5.100. The goals of the Order and Rule are consistent with the legislative intent to encourage private investment in renewable energy resources, stimulate the economic growth of the state and enhance the continued diversification of energy sources used in Vermont. Pursuant to S 219a(c)(2), the Board is required to simplify the application and review process for net metered generation and, to that end, may waive the review criteria of S 248 that would otherwise apply to generation projects of this type. The Board may also modify the notice and hearing requirements that would otherwise apply to net metered generation. In order to comply with the statutory directive, the Board has, pursuant to Board Rule 5.100, developed a simplified application form and expedited review process that does not require hearings regarding a project unless it can be shown that the project raises a substantive issue with respect to one or more of the applicable criteria of 30 V.S.A. S 248.

Pursuant to the Board's Order of April 19, 1999, in PSB Docket No. 6181, "Investigation into the Use of a Net Metering System for the Purchase and Sale of Electricity from Small Electrical Generating Systems to and from Electric Companies," parties with objections or concerns must make a showing that the application raises a significant issue with respect to one or more substantive criteria applicable to the proposed net metering system. Accordingly, the Net Metering Application Form states that persons requesting a hearing regarding a net metering project "must make a showing that the application raises a significant issue regarding one or more of the substantive criteria applicable to the proposed net metering system."8 The comments received by the Board do not show that the project raises a significant issue with respect to the applicable criteria. Consequently, because we find that the comments have not shown that the project raises a significant issue with respect to the substantive criteria of 30 V.S.A. S 248, further proceedings, including hearings, in this matter are unnecessary.9 Although we have received approximately 26 comments requesting a public hearing in this matter, none of those comments specifically state how the project raises a significant issue under the criteria.

Generalized concerns such as those expressed in the comments are not a sufficient basis upon which to conduct a hearing on the application.

Section 8 of the application states that the proposed project will be sited on, near, or within a wetland. An accompanying wetlands impact statement asserts that 25 of the proposed trackers will be located upland from a possible wetlands area, and that approximately 10 of the proposed trackers will be placed near or within a delineated wetlands area. The wetlands impact statement indicates that the trackers "will be sited in a way that minimizes impact and can be located away from the actual wetlands area and in the area of the field that is dry and not considered wetlands". Because the project has the potential to impact these wetlands, we conclude that it would be appropriate to require the Applicant to receive the concurrence of the Agency of Natural Resources prior to constructing the project, and will include this as a condition of the CPG.

We also conclude that the Applicant should be required to follow the plan for plantings it proposed in response to Ms. Edwards' concerns, and will include this as a condition of the CPG.

Based upon the findings and evidence, and with the conditions included in the CPG, the proposed net metering project will be in compliance with the requirements of the Board's Order in Docket No. 6181 and Rule 5.100, the application does not raise a significant issue with respect to the substantive criteria of 30 V.S.A. S 248, and the proposed project will promote the general good of the state.

IV. ORDER

IT IS HEREBY ORDERED, ADJUDGED AND DECREED by the Public Service Board of the State of Vermont that the group net metering system, in accordance with the evidence and plans submitted in this proceeding, will promote the general good of the State of Vermont pursuant to 30 V.S.A. S 219a, and a certificate of public good to that effect shall be issued in this matter, pursuant to 30 V.S.A. SS 219a and 248.

DATED at Montpelier, Vermont, this 14th day of December , 2011.

PUBLIC SERVICE BOARD OF VERMONT

s/James Volz

s/David C. Coen

s/John D. Burke

OFFICE OF THE CLERK

Filed: December 14, 2011

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])

Appeal of this decision to the Supreme Court of Vermont must be filed with the Clerk of the Board within thirty days. Appeal will not stay the effect of this Order, absent further Order by this Board or appropriate action by the Supreme Court of Vermont. Motions for reconsideration or stay, if any, must be filed with the Clerk of the Board within ten days of the date of this decision and order.

This document has footnotes and they may be found at the following URL: (http://psb.vermont.gov/sites/psb/files/orders/2011/2011-2/NM1681ORD.pdf)

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