Rules on Aesthetic Mitigation and Decommissioning

On August 15, 2017, the Public Utility Commission ("Commission") adopted final rules related to the maintenance of aesthetic mitigation measures and decommissioning for facilities subject to its jurisdiction under 30 V.S.A. § 248.  The adopted rules take effect for new requests for a certificate of public good filed on or after September 1, 2017. 

Text of the final rules adopted by the Commission follow:

Rule 5.800: Requirements Related to the Installation and Maintenance of Aesthetic Mitigation Features.

Rule 5.900: Decommissioning Requirements for Facilities Constructed and Operated Pursuant to 30 V.S.A. § 248.

Amendments to Rule 5.400 (conforming amendments to reflect the adoption of rule on decommissioning). 


The History of the Aesthetic Mitigation and Decommissioning Rules

Historic documents related to the Commission's development and consideration of the proposed rules are included below:

The three proposed rules initially filed by the Commission:

Proposed rule on the installation and maintenance of aesthetic mitigation measures

Proposed rule on the decommissioning of electric generation, electric transmission, and natural gas facilities

Proposed Amendments to Board Rule 5.400 (conforming amendments necessary to implement the proposed rule on decommissioning.

Initial Comments on Rules

On March 2, 2017, the Department of Public Service filed its initial comments on the proposed rules.  The Department's comments are available here:

Department comments on aesthetic mitigation rule.

Department comments on decommissioning rule.

On March 13, 2017, the Two-Rivers Ottaquechee Regional Commission submitted comments on the rule, available here:

Two-Rivers Ottaquechee comments.

Final Comments on Rules

REV Decommissioning Rule Comments

REV Aesthetic Mitigation Maintenance Rule Comments

Department Decommissioning Rule Comments

Department Aesthetic Mitigation Maintenance Rule Comments

Vermont Agency of Agriculture, Food, and Markets Decommissioning Rule Comments

Final Proposed Rules

On June 30, 2017, the Commission filed final proposed rules with the Secretary of State and the Legislative Committee on Administrative Rules.  Copies of the final proposed rules and associated filing documents are posted below:

Final proposed rule on decommissioning

Decommissioning Rule Filing Documents

Decommissioning Rule Response to Comments

Decommissioning Rule - Redline with Proposed

Final proposed rule on the maintenance of aesthetic mitigation features

Aesthetic Mitigation Rule Filing Documents

Aesthetic Mitigation Rule Response to Comments

Aesthetic Mitigation Rule - Redline from Proposed

Final Proposed 5.400 Amendments

Contact Information

Judith C. Whitney
Clerk of the Commission
112 State Street
Montpelier, VT  05620-2701
(802) 828-2358
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