§ 2 - Department of public service; powers
§ 2. Department of public service; powers
(a) The department of public service shall supervise and direct the execution of all laws relating to public service corporations and firms and individuals engaged in such business, including the:
(1) Formation, organization, ownership and acquisition of facilities of public service corporations under chapter 3 of this title;
(2) Participation in planning for proper utility service as provided in section 202 of this title through the director for regulated utility planning;
(3) Supervision and evaluation under chapters 5 and 77 of this title of the quality of service of public utility companies;
(4) Interconnection and interchange of facilities of electric companies under sections 210, 213 and 214 of this title;
(5) Representation of the state in the negotiations and proceedings for the procurement of electric energy from any source outside of this state and from any generation facility inside the state under sections 211 and 212 of this title;
(6) Review of proposed changes in rate schedules and petition to the public service board, and representation of the interests of the consuming public in proceedings to change rate schedules of public service companies under chapter 5 of this title;
(7) Siting of electric generation and transmission facilities under section 248 of this title;
(8) Consolidations and mergers of public service corporations under chapter 7 of this title;
(9) Supervision and regulation of cable television systems under chapter 13 of this title;
(10) Supervision and regulation of telegraph and telephone companies under chapters 71, 73 and 75 of this title;
(11) Supervision and regulation of the organization and operation of municipal plants under chapter 79 of this title;
(12) Supervision and regulation of the organization and operation of electric cooperatives under chapter 81 of this title.
(b) In cases requiring hearings by the board, the department, through the director for public advocacy shall represent the interests of the people of the state, unless otherwise specified by law. In any hearing, the board may, if it determines that the public interest would be served, request the attorney general or a member of the Vermont bar to represent the public or the state.
(c) The department may bring proceedings on its own motion before the public service board, with respect to any matter within the jurisdiction of the public service board, and may initiate rule-making proceedings before that board. The public service board, with respect to any matter within its jurisdiction, may issue orders on its own motion and may initiate rule-making proceedings.
(d) In any proceeding where the decommissioning fund for the Vermont Yankee nuclear facility is involved, the department shall represent the consuming public in a manner that acknowledges that the general public interest requires that the consuming public, rather than either the state's future consumers who never obtain benefits from the facility or the state's taxpayers, ought to provide for all costs of decommissioning. The department shall seek to have the decommissioning fund be based on all reasonably expected costs. (Amended 1979, No. 204 (Adj. Sess.), § 2, eff. Feb. 1, 1981; 1989, No. 296 (Adj. Sess.), § 5, eff. June 29, 1990.)