§ 438 - Same-regulation
§ 3-438. Same-regulation
(a) The public service board shall exercise its regulatory powers in such a manner as to permit the city to fulfill all of its obligations, including its obligations to the holders of the bonds issued hereunder.
(b) The public service board shall not be empowered to suspend the effective date of any change in the rates and charges of the city's electric plant pending final determination as to the justness or reasonableness of such change, but the board may require that the city undertake to refund rates and charges collected in excess of those which are finally determined just and reasonable. Any increase in the rates and charges of the city's electric plant shall be implemented by means of an identical percentage increase to each class or division of electric plant ratepayers under rate design tariffs previously approved by the public service board until such time as the public service board shall specifically approve an alteration in such rate design and corresponding tariffs.
(c)(1) If the city exercises its authority under subdivision 431(4) or section 449 of this title, the public service board, in considering any application for a certificate of public good, shall ensure that any and all losses from these businesses, and, in the event these businesses are abandoned or curtailed, any and all costs associated with investment in cable television, fiber optic, and telecommunications network and telecommunications business-related facilities, are borne by the investors in such business, and in no event are borne by the city's taxpayers, the state of Vermont, or are recovered in rates from electric ratepayers.
(2) Any certificate of public good issued shall contain terms or conditions that are consistent with both the statutory requirements of Chapter 13 of Title 30 and the establishment of competitive neutrality between incumbents and new entrants, after the evaluation of factors that include, but are not limited to, the payment of pole attachment rental fees, and the provision of public access channels, equipment, and facilities.