RAPID/Roadmap/7-VT-c

From Open Energy Information

< RAPID‎ | Roadmap

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

Vermont Certificate of Public Good (7-VT-c)

Information current as of 2023
In Vermont, a person (developer) may need a Certificate of Public Good (CPG), from the Vermont Public Utility Commission (Commission) for transmission line extension projects, interconnected group net-metered hydroelectric power systems, and projects that sell retail electricity within Vermont. Vt. Stat. Ann. tit. 30 § 248 et seq. The Commission will conduct a CPG review pursuant to Vt. Stat. Ann. tit. 30 § 248 et seq. The Commission must find that the project promotes the general good of the state in order to grant a CPG. Vt. Stat. Ann. tit. 30 § 248 et seq.



Certificate of Public Good Process


7-VT-c.1 to 7-VT-c.2 — Will the Project Require a FERC License or Exemption?

The developer may not need to obtain a Certificate of Public Good (CPG) from the Vermont Public Utility Commission if the project requires a Federal Energy Regulatory Commission (FERC) license or exemption. Draft Guide to Filing a Petition under Section 248, p. 1. Contact the Vermont Department of Public Service (Department) to determine if the project requires a CPG. FERC licensed or exempted hydroelectric facilities may still need a CPG for a transmission line extension project, interconnected group net-metered hydroelectric power systems, and project’s that sell retail electricity within Vermont.

7-VT-c.3 to 7-VT-c.4 — Does the Project Require an Amendment to an Existing Certificate of Public Good?

The developer should contact the Planning and Energy Resources Division of the Department for details on how to amend a previously issued CPG for an existing hydroelectric project. For example, certain qualified facilities with Public Utility Regulatory Policies Act (PURPA) contracts that are set to expire may petition to amend a current CPG to reflect a net-metered system.

7-VT-c.5 — Is the Project Net-Metered?

The developer must obtain a CPG pursuant to Vt. Code R. § 30-000-048 § 5.110 (B)-(C) if the project is a net-meteredsystem. Vt. Code R. § 30-000-048 § 5.110 (B)-(C).

In Vermont, “net-metering system" means a plant for generation of electricity that: (1) is of no more than 500 kW capacity; (2) operates in parallel with facilities of the electric distribution system; (3) is intended primarily to offset the customer's own electricity requirements; and (4) either (i) employs a renewable energy source; or (ii) is a qualified micro-combined heat and power system of 20 kW or less that meets the definition of combined heat and power facility in subsection 8015(b)(2) of Title 30 and uses any fuel source that meets air quality standards.” Vt. Code R. § 30-000-048 § 5.103.

If the project is net metered, see 7-VT-c.27 below.

7-VT-c.6 to 7-VT-c.7 — Submit Notice Letter to Affected Municipality and Regional Planning Commission

The developer must submit the proposed project plans, 45 days prior to filing a petition for a CPG, notifying the affected municipal and regional planning commissions and municipal legislative bodies of the developer’s intent to submit a CPG petition to the Commission. Vt. Stat. Ann. tit. 30 § 248(f); Vt. Code R. § 30-000-056 § 5.402 (A). However, if the proposed project consists solely of the relocation of transmission facilities, the developer may submit the notice letter at least 21 days prior to filing a petition for a CPG. Vt. Code R. § 30-000-056 § 5.402 (A); Vt. Stat. Ann. tit. 30 § 248(g). The project plans must include plans for construction of the project in sufficient detail to understand the overall proposed project, including but not limited to:

  • Identification and analysis of aesthetic impact;
  • Project plans, in as much detail as the developer can reasonably provide (including schematic and diagram depicting proposed structures);
  • A description of how equipment and materials will be transported to the site; and
  • Plans which indicate the approximate location of all proposed new infrastructure (e.g., transmission, roads, etc.) relative to the existing conditions.

Vt. Code R. § 30-000-056 § 5.402 (A)(4).

For proposed transmission projects, the developer must also include an evaluation of alternatives to the proposed project and the reasons why those alternatives were rejected. Vt. Code R. § 30-000-056 § 5.402 (A)(4). The notice must also include:

  • Information regarding the municipal and regional planning commissions requirement to make recommendations, if any, to the Commission and to the developer at least seven (7) days prior to the CPG petition filing with the Commission, pursuant to Vt. Stat. Ann. tit. 30 § 248(f); and

Vt. Code R. § 30-000-056 § 5.402 (A).

The municipal and regional planning commissions and the municipal legislative bodies may waive the 45-day notice requirement. Vt. Stat. Ann. tit. 30 § 248(f).

Municipal and regional planning commissions affected by the proposed project must make recommendations, if any, to the Board and to the developer at least seven days prior to the CPG petition filing with the Commission. Vt. Stat. Ann. tit. 30 § 248(f).


7-VT-c.8 — Hold Public Hearing (If Applicable)

The municipal or regional planning commission may hold a public hearing on the proposed project. Vt. Stat. Ann. tit. 30 § 248(f).

7-VT-c.9 — CPG Petition Application Material and Fee

The developer must submit a complete CPG petition, applicable application materials, and fee to the Commission at the close of the 45-day filing notice. The application materials must, at minimum, include:

  • A Cover Letter that:
    • briefly describes the proposed project;
    • includes the contact information (including address, phone number, and e-mail address) for the petitioner (developer) or representative.
  • Notice of Appearance that includes:
  • Certificate of Service which lists all entities to whom the correspondence was sent and a statement that the correspondence has been sent to those entities (the filing itself);
  • Pre-filed Written Testimony from a qualified witness or witnesses and exhibits, which must include:
    • a description of the project and a statement addressing all of the substantive criteria of Section 248(b), or an explanation of why it is not applicable.


Vt. Code R. § 30-000-056 § 402(C)(d).

The petition must also include:

  • U.S. Geological Survey topographic map showing the location of the proposed project;
  • An aerial photograph of the proposed project site that clearly marks existing structures and significant natural and manmade features when available, or an equivalent computer-generated image that provides similar detail;
  • A site plan that includes:
    • proposed improvements;
    • existing topography at the site and proposed changes in grading;
    • existing significant natural and man-made features (including but not limited to water bodies, wetlands, tree lines, buildings, and roads);
    • a cross-section of the site;
    • color photographs of the project site; and
    • proposed measures to mitigate impacts of the proposed project.


  • An index, organized according to the criteria of Vt. Stat. Ann. tit. 30 § 248(b), that identifies with specificity the prefilled evidence that addresses each criterion, including the incorporated criteria of Section 248(b)(5). This requirement is not necessary for projects petitioning for a Section 248(j) CPG. Vt. Code R. § 30-000-056 § 402(F)(2).

Vt. Code R. § 30-000-056 § 402(C)(d).

In addition, the developer must also submit a complete Certificate of Public Good Application Fee Form with the applicable fee by check to the Board as part of the application. Certificate of Public Good Application Fee Form.


7-VT-c.10 — Provide Notice to Interested Parties

The developer must submit copies of the application materials, at the time of filing the application with the Board, to the Attorney General and the Department of Public Service, and if applicable the Department of Health, Agency of Natural Resources, Historic Preservation Division, Agency of Transportation, Agency of Agriculture, Food and Markets and the chairperson or director of the municipal and regional planning commissions and the municipal legislative body for each town and city in which the proposed project will be located. Vt. Stat. Ann. tit. 30 § 248(a)(4)(A).

The developer must also notify the Byways Advisory Council of the application filing. Vt. Stat. Ann. tit. 30 § 248(a)(4)(A).

In addition, pursuant to Vt. Code R. § 30-000-056 § 5.402 (B), the petitioner (developer) must provide notice of the proposed project to each adjoining property owner at the time that the petition is filed with the Board. An adjoining landowner is defined by Vt. Code R. § 30-000-056 § 5.402(B)(2)(a)-(b).

This notice must include, at a minimum:

  • A general description of the type and approximate location of the proposed project; and
  • A statement that a petition for approval is being filed with the Commission; and an identification of the locations at which the project plans and the petition can be viewed, and the hours during which those documents may be viewed.

CVR 30-000-056 § 5.402 (B).

In addition, the developer must provide a copy of the completed fee form and the fee payment to the Vermont Agency of Natural Resources (ANR). Certificate of Public Good Application Fee Form.

7-VT-c.11 to 7-VT-c.12 — Review Application Materials for Completeness

The Commission staff will review the petition for technical and administrative completeness. Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, p. 4.

The Commission must notify the developer after making a completeness determination. If the application is not complete, the Commission must include a statement of the deficiencies in the notice. Vt. Code R. § 30-000-056 § 5.402 (C)(4).

7-VT-c.13 — Assign Docket Number

The Commission Clerk assigns a docket number to the petition once it has been determined complete. Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, p. 4.

The Commission then notifies the developer, the Department of Public Service, and the Agency of Natural Resources (statutory parties). Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, p. 4.

7-VT-c.14 — Is the Proposed Project Limited in Size and Scope?

The developer may be eligible for an expedited CPG review process if the project is of limited size and scope. 30 V.S.A. §248(j). If the Commission finds that the project is of limited size and scope, does not raise a significant issue according to the requisite criteria, and the public interest is satisfied by the Section 248(j) procedures, the Commission may issue a Final Order making a CPG determination without holding public or evidentiary hearings. The Board makes this determination on a case-by-case basis. Vt. Stat. Ann. tit. 30 §248(j). If the proposed project is limited in size and scope, go to 7-VT-c.22.

7-VT-c.15 to 7-VT-c.17 — Notify Statutory Parties of Pre-Hearing Conference

The Commission must notify the statutory parties of the required pre-hearing conference 12 days before the conference. At the conference, the Commission and the statutory parties set the docket schedule, identify major issues, and determine how the docket will be managed. The docket schedule provides dates for a public hearing, site visit, a deadline for motions to intervene, discovery, the filing of pre-filed testimony by other parties (if any), as well as the dates for technical hearings and briefing. Depending on the workload of other parties and the potential impacts associated with the proposed project, a fully litigated schedule can take more than six months. Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, at 4; Vt. Code R. § 30-000-01 § 2.212.

Following the preconference, the Commission must issue a Pre-hearing Conference Memorandum (Memorandum). The Memorandum addresses the issues presented and discussed at the pre-hearing conference and a service list. A service list is a list of all parties and interested persons. Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, p. 4.

7-VT-c.18 — Conduct Site Visit (If Applicable)

The Commission may conduct one or more site visits to view the location of the proposed project. The site visit will typically include a discussion of the following matters:

  • A description of the proposed project and its location(s);
  • A viewing of the existing conditions at the location(s) of the proposed project; and
  • An explanation of how the existing conditions would be altered by the proposed project.

Vt. Code R. § 30-000-056 § 5.405; Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, p. 5.

The site visit may also include:

  • Identification of relevant landscape features;
  • Discussion of how such landscape features have affected or potentially should affect the project design and location;
  • Identification of and visits to potential alternative locations for the proposed project; and
  • Any other relevant matters for which a first-hand viewing of the site(s) may assist in understanding the issues before the Board.

Vt. Code R. § 30-000-056 § 5.405; Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, p. 5.

Observations and facts from the site visit are not considered as evidence unless the Commission, on its own motion or on the request of a party, specifically enters them into the evidentiary record. CVR 30-000-056 § 5.405; Draft Guide to Filing a Petition under Section 248, p. 3; Citizen’s Guide to Section 248, p. 5.

7-VT-c.19 to 7-VT-c.20 — Publish Notice of Public Hearing

The Commission must publish notice of a nontechnical public hearing on the Commission’s website for at least 12 days before the day appointed for the hearing. The Commission must also publish notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed project will be located. The notice must include an Internet address where more information regarding the proposed project may be viewed. Vt. Stat. Ann. tit. 30 § 248(a)(4)(D).

The Commission must hold the hearing on each petition in at least one county in which any portion of the proposed project will be located. Vt. Stat. Ann. tit. 30 § 248(a)(4)(A).The Commission may ask the developer to provide a brief description of the proposed project at the beginning of the public hearing in order for those attending to become more familiar with the proposed project. Citizen’s Guide to Section 248, p. 5.

7-VT-c.21 — Comment on Application (Optional)

Any interested person may provide written and/or oral comment on the proposed project during the public hearing. Oral comments are transcribed by a court reporter for later reference and become part of the docket’s public file. While these comments do not become part of the evidentiary record, public comments play an important role by raising new issues or offering perspectives that the Commission should consider and ask parties to present evidence on. Citizen’s Guide to Section 248, p. 5.

In addition, the public may submit written comments to the Commission electronically or by regular mail. These comments are treated the same way as public comments made during the public hearing. Citizen’s Guide to Section 248, p. 5.

7-VT-c.22 — Initiate Discovery

The developer and other interested parties may ask about pre-filed testimony and exhibits provided. The parties may either conduct discovery in written (interrogatories) or oral (depositions) form. The provisions of Vermont Rules of Civil Procedure apply. Vt. Code R. § 30-000-01 § 2.214.

7-VT-c.23 — Hold Technical Hearing

The Commission must hold a technical (evidentiary) hearing regarding the proposed project in accordance with the date decided at the pre-hearing conference. Vt. Stat. Ann. tit. 30 § 248(a)(4)(B). At the hearing, parties are expected to submit proposed findings of fact under each of the Section 248 criteria (Vt. Stat. Ann. tit. 30 § 248(b)(1)-(11)) together with a legal brief relating to any issues of law raised by the filing. Vt. Stat. Ann. tit. 30 § 248(a)(4)(B).


7-VT-c.24 to 7-VT-c.26 — Is the Docket Heard by a Hearing Officer?

If the case is heard by a Hearing Officer and not the full Board, the Hearing Officer recommends a proposal for decision to the Commission. Parties have an opportunity to submit comments and request oral argument on the proposal for decision. The proposal for decision and any comments on it are submitted to the members of the Board for review and issuance of a final order. Citizen’s Guide to Section 248, p. 5. If the case is heard by the full Board go to 7-VT-c. 34.

7-VT-c.27 — Is the Net-Metered Project a Hydroelectric Power Project with a Capacity of 500 kW or Less?

The developer must file a complete Net Metering Registration Form (Registration Form) for an interconnected group net-metered hydroelectric power project that is 500 kW or less. 30-5100 Vt. Code R. § 30-000-5100 § 5.105.

7 VT-c.28 – Net Metering Registration Form

The developer must submit a complete Net Metering Registration Form, by mail, to the Vermont Public Utility Commission, the Vermont Department of Public Service, the Vermont Agency of Natural Resources, and the applicable utility. Vermont Public Utility Commission – Net Metering Registration Form; 30-5100 Vt. Code R. § 30-000-5100 § 5.105.A complete Registration Form must include, at minimum, the following:

  • Developer’s name, address, phone number, and email address;
  • The name of developer’s utility;
  • Whether the proposed project is group metered;
  • The technology type used by the system;
  • The system capacity, make and model number, the AC source of the project; the location of the facility’s disconnect switch, and the interconnection configuration of the facility;
  • Information regarding the installer of the system, including the company and installer’s name, address, and phone number; and
  • A copy of the application fee form submitted to the Department of Public Service.

Vermont Public Utility Commission – Net Metering Registration Form.

In addition, if the project is to be group metered, the developer must submit the following information to the utility company:

  • The meters to be included in the group system;
  • The procedures for adding and removing meters to the system;
  • The contact information and name of the designated person responsible for communicating with the utility company; and

7-VT-c.29 to 7-VT-c.30 – Review Application Materials for Completeness

The Commission must review the Registration Form for technical and administrative completeness. Failure to complete the registration form will lead to delay or denial of the CPG. The Commission recommends that a developer contact his or her utility prior to submitting the registration to minimize delays related to incompleteness of the registration. Vermont Public Utility Commission – Net Metering Registration Form.

7-VT-c.31 — Submit Comments (Optional)

Any interested party may submit comments on the proposed project to the Commission during the 10 business days after the submission of the Registration Form for projects under 15kv and during the 30 calendar day period for projects over 15kv. The developer may not begin preparation on the project site nor commence construction on the project during the comment period. 30-5100 Vt. Code R. § 30-000-5100 § 5.116.

7-VT-c.32 – Does the Interconnecting Utility Raise Interconnection Concerns?

The interconnecting utility may issue a letter raising interconnection concerns to the developer and the Commission if it believes that interconnection of the net metering project will be an issue within 11 business days after the Registration Form is submitted by the applicant if the system is less than 15 kV or within 31 calendar days after submission of the application 30-5100 Vt. Code R. § 30-000-5100 § 5.105(E). The letter must state a recommendation for how the developer may rectify the issues raised.

The Developer may not commence construction of the project until the objection of the interconnecting utility has been resolved. 30-5100 Vt. Code R. § 30-000-5100 § 5.105(E).

7-VT-c.33 – File for Dispute Resolution (If Applicable)

The developer or the interconnecting utility may seek immediate dispute resolution from the Commission by written petition in the event that the parties cannot come to a resolution on the matter between themselves. The parties must also issue copies of the petition to each other and to the Vermont Department of Public Service. 30-5100 Vt. Code R. § 30-000-5100 § 5.105(E).


7-VT-c.34 to 7-VT-c.35 — Does the Commission Approve the CPG?

Once the technical (evidentiary) hearing is over, the Commission issues a decision on the case. The Commission must base the Final Order on the evidentiary record, findings of fact under the Section 248 criteria as well as conclusions of law. Citizen’s Guide to the Vermont Public Service Board’s Section 248 Process, p. 5.

If the Commission does not hear the case, the Commission considers the proposal for decision and any comments on it. The Commission may then adopt or modify the proposal for decision in a Final Order. If the Commission hears the case directly, it will issue a final decision without the need for the intermediate step of a proposal for decision. If the project is approved, the Commission issues a CPG. Citizen’s Guide to the Vermont Public Service Board’s Section 248 Process, p. 5.

The Commission must give due consideration to any recommendations filed by municipal and regional planning commission at least seven days prior to the intended filing date and any revised recommendations filed within 45 days after the date that the petition is filed with the Board pursuant to Vt. Code R. § 30-000-056 § 5.402 (A)(2). Citizen’s Guide to the Vermont Public Service Board’s Section 248 Process, p. 5.

Net-Metered Projects

If the interconnecting utility does not timely file a letter raising interconnection issues, the Commission will deem a Net-Metered CPG issued without further proceedings, findings of fact, or conclusions of law. The developer may begin construction 11 business days after submission of the Net Metering Registration Form if the project has a capacity of less than 15 kV or 31 calendar days if the project has a capacity of greater than 15 kV. 30-5100 Vt. Code R. § 30-000-5100 § 5.105(C).


7-VT-c.36 — Appeal Decision (Optional)

Any interested person, including the developer may appeal the permit decision within 30 days of the determination by the Commission to the Vermont Supreme Court. Vt. Stat. Ann. tit. 30 § 234.


Add to Project

Contact Information






Edit Vermont Department of Public Service
Renewable Energy Development Director 802-828-3058 Visit Website




Edit Vermont Division for Historic Preservation
State Preservation Officer 802-828-3222 Visit Website

Retrieved from "https://openei.org/w/index.php?title=RAPID/Roadmap/7-VT-c&oldid=1048126"