Tag Archives: Vermont Department of Public Service

Nice Little Regulatory System You’ve Got Here, It’d Be a Shame if Anything Happened To It

Hey, it’s time for an update on the latest bit of corporate extortion from our buddies at GlobalFoundries, the biggest private sector employer in Chittenden County. Throughout its tenure — and before it, through much of IBM’s residency at the Essex Junction facility — the companies have used their heft to get various benefits from the state government, each time hinting to pull up stakes and leave for more corporate-friendly climes if it didn’t get its way.

This time there’s a double threat. GF is seeking to set up its own private utility so it can buy power on the regional market free of various state regulations, including renewable energy and greenhouse gas standards. It’s seeking Public Utility Commission approval for the move — and threatening to go ahead with or without PUC approval.

GF makes a, shall we say, interesting argument. In essence, it argues that it doesn’t need PUC approval, but it’s applying to the PUC anyway in order to preserve Vermont’s regulatory framework. Yup, the company says it’s acting to preserve a regulatory system by seeking to essentially opt out of the system. That’s a funny way to support a system, no?

But a question has arisen over whether or not the PUC can even consider the case. The Conservation Law Foundation and AllEarth Renewables say the PUC has no jurisdiction over the request because state law doesn’t make any provision for anything like private utilities.

Last month, the parties submitted legal arguments and counter-arguments for the Commission to ponder. Wednesday 12/8 is the deadline for any additional filings on the issue; after that, presumably the PUC will schedule a hearing. All documents, public comments, schedules, etc., can be accessed on this page in the PUC website.

So where do the parties stand? I’ll give you a simplified (and hopefully reasonably accurate) version after the jump.

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