SUBCHAPTER 5.200 NOTIFICATION OF
POWER SUPPLY TRANSACTIONS
5.201
Purpose
The purpose of this Rule is to require private,
municipal, and cooperative electric utilities to notify the Public
Service Board and the Department of Public Service of power supply
transactions. This shall be accomplished by notification to the Board
and Department of power supply contracts entered into by Vermont's
electric utilities and through the filing of quarterly and annual
reports detailing past and proposed power supply transactions of
Vermont's electric utilities. Additionally, all Vermont electric
utilities are required to notify the Board and Department of certain
contracts, as specified in section
5. 202,
entered into by an electric utility for the purpose of purchasing or
leasing electrical generation or transmission facilities within
Vermont.
5.202
Notification to the Public Service Board and Department of Public
Service
Each private, municipal, and cooperative electric
utility is required to give the Public Service Board and the
Department of Public Service notice in writing, at least ninety (90)
days in advance unless the period of advance notice is reduced under
section
5. 204, of
any of the following events:
(A) the execution of any contract
which is more than five years in duration with any party for the
purchase or lease of any electrical generation facility within the
State of Vermont;
(B) the
execution of any contract which is more than five years in duration
with any party for the purchase or lease of any electrical
transmission facility within the State of Vermont which is designed
for immediate or eventual operation at any voltage equal to or in
excess of 46 kV;
(C) the
execution of any contract for the purchase or sale of capacity in, or
energy from, any electrical generation or transmission facility
located within the State of Vermont provided that such contracts are
more than five years in duration;
(D) the execution of any contract
for the purchase or sale of capacity in, or energy from, any
electrical generation or transmission facility, provided that such
contract is more than six months in duration and:
(1) for a utility with a peak load,
within the previous calender year, greater than 100 MW, represents
more than 25% of the utility's peak load; or
(2) for a utility with a peak load,
within the previous calender year, of 100 MW or less, represents more
than 50% of the utility's peak load.
5.203 Sufficiency of
Notice
For purposes of section
5. 202,
notice shall include a copy of the proposed contract. Notice from one
of the parties to any transaction specified in section 5.202 is
sufficient.
5.204
Requests for Reduction of Time or Waiver of Notification
(A) An electric utility submitting
a written notice under section 5.202 may incorporate therein a
request for a reduction in or waiver of the period of advance notice
requested and required for the commitment proposed therein, and the
Public Service Board will consider and address any such request
expeditiously.
(B) Any
reduction in or waiver of the period of advance notice granted under
this section shall not constitute Public Service Board approval or
review of any contractual commitment or transaction.
5.205 Extent of
Contractual Commitment
For the purpose of this Rule, a letter of
intent signed by or on behalf of two or more parties is deemed to be
a contractual commitment.
5.206 Reporting Power Supply
Transactions
(A) Each private,
municipal, and cooperative electric utility must file, with the
Public Service Board and the Department of Public Service,
after-the-fact reports of power supply transactions, including
transactions involving generation and transmission facilities, within
30 days following the end of each calendar quarter. The format of
these quarterly reports shall be as designated by the Public Service
Board.
(B) Each private,
municipal, and cooperative electric utility must file by January 30th
of each year, but no earlier than the preceding November 1st, with
the Public Service Board and the Department of Public Service, a
Resource Report generally reflecting the utility's power supply needs
and acquisition strategy. The Resource Report must, at a minimum,
address what resource transactions the utility reasonably expects to
enter into during the ensuing year, regardless of the length of the
transactions. The Resource Report must include:
(1) a general description of the
products that the utility expects to purchase or sell;
(2) anticipated quantities of each
product;
(3) anticipated
price ranges for each product;
(4) an estimate of the timing of
each transaction contemplated; and
(5) anticipated transactions
involving generation and transmission facilities.
The time period covered by the Resource Report shall
be commensurate with the duration of the longest-term transaction
contemplated in the Report, but not less than one year. An amendment
must be filed with the Public Service Board and the Department of
Public Service in the event of any material change in the utility's
resource requirements or the resource transactions which the utility
has entered into.
(C) Due to the potentially
confidential nature of the reports to be filed under this section,
the utility may file both confidential and non-confidential reports
as required by this section. Any confidential report must be
accompanied by a nonconfidential explanation justifying confidential
treatment of the report.
(D) The reports required under this
section are independent of, and do not replace, the least-cost
integrated plans that electric utilities are required to file with
the Public Service Board under 30 V.S.A. § 218c.30 V.S.A.
§§
2(c),
209
