Current through February, 2024
Section 5.801 Purpose
and Applicability
The purpose of this rule is to ensure that all
required aesthetic mitigation measures are implemented and maintained
for the life of all facilities constructed pursuant to a certificate
of public good issued under
30
V.S.A §
248. This includes
net-metering facilities permitted under the procedures authorized by
30 V.S.A. §
8010. This rule shall apply to all
facilities for which a petition or application for a certificate of
public good under
30
V.S.A. §
248 is submitted
after the effective date of this rule.
Section 5.802 Definitions
(A)
Final
aesthetic mitigation plan: a plan submitted by a
petitioner and approved by the Commission pursuant to the
requirements of this rule.
(B)
Commission: the Vermont Public
Utility Commission.
(C)
Completion of construction:
Completion of construction shall mean complete installation of all
infrastructure necessary to allow for the interconnection and
intended generation or transmission use of a facility that is subject
to this rule. The completion of aesthetic mitigation measures
required for a particular facility is excluded from this definition
for the purposes of this rule.
(D)
CPG: a certificate of public
good issued by the Commission pursuant to
30
V.S.A. §
248.
(E)
CPG
holder: a person or company who holds a CPG
pursuant to
30
V.S.A. §
248 to construct
and/or operate an electric generation, electric transmission, or
natural gas facility.
(F)
Facility: an electric
generation, electric transmission, or natural gas facility for which
a petition or application for a CPG pursuant to
30
V.S.A. §
248 is submitted to
the Commission after the effective date of this rule.
(G)
Petitioner: a person or company
seeking a CPG for approval to construct an electric generation,
electric transmission, or natural gas facility pursuant to
30
V.S.A. §
248.
Section 5.803 General
Rule
All aesthetic mitigation measures required by the
Commission under a CPG must be implemented in accordance with the
conditions of the CPG and any final aesthetic mitigation plan. All
such aesthetic mitigation measures must be maintained for the life of
the facility as necessary to fulfill their intended purpose. The
Commission will incorporate these requirements as conditions of CPGs
issued pursuant to Section
248,
as applicable.
Section
5.804 Submittal of Proposed and Final Aesthetic
Mitigation Plan
(A)
Contents of aesthetic mitigation
plan. A proposed aesthetic mitigation plan shall
include any generally available mitigating steps that a petitioner
proposes to take to improve the harmony of the proposed facility with
its surroundings, consistent with
30
V.S.A. §
248(b)(5).
(B)
Inclusion
with advance notice materials. All petitioners
required to provide advance notice pursuant to the requirements of
Commission Rule 5.100 or 5.400 shall include with the advance notice
filing a draft of a proposed aesthetic mitigation plan or an
explanation why aesthetic mitigation measures are not needed for the
proposed facility.
(C)
Inclusion with initial application or
petition. A proposed aesthetic mitigation plan
shall be included with a petitioner's initial request for a CPG, or
the petitioner shall demonstrate why aesthetic mitigation measures
are not needed for the proposed facility. For petitioners required to
provide advance notice pursuant to the requirements of Commission
Rule 5.100 or 5.400, a petitioner's request for a CPG shall address
any comments received on the proposed plan, or on the justification
for not proposing aesthetic mitigation measures, consistent with the
requirements of those rules.
(D)
Commission
review. The Commission will review aesthetic
mitigation plans in a manner consistent with the CPG review process
applicable to the facility in question. At its discretion, the
Commission may require a petitioner who asserts that aesthetic
mitigation measures are unnecessary to submit a proposed aesthetic
mitigation plan or may require modifications to a proposed aesthetic
mitigation plan submitted by a petitioner.
(E)
Final
aesthetic mitigation plan. If agreement is
reached among the parties during the CPG review process, the
petitioner shall file with the Commission a final aesthetic
mitigation plan before the Commission completes its review.
Otherwise, the petitioner shall file with the Commission and serve on
all parties a final aesthetic mitigation plan within 15 days of the
issuance of a CPG for a facility. The purpose of this filing is for
petitioners to submit a visual representation of the requirements
imposed by the Commission's final order approving a facility. Parties
to the proceeding in which the facility is under review shall have an
opportunity to review and comment on the final aesthetic mitigation
plan, and may request a hearing if the plan filed by the petitioner
differs from the final decision of the Commission. The final
aesthetic mitigation plan shall consist of a site plan that depicts
in detail the facility and all aesthetic mitigation as approved by
the Commission. The plan shall show all facility components,
including but not limited to access roads, infrastructure,
transmission or electrical generation equipment, fences, and all
landscape mitigation elements. The purpose of this filing is to
clearly document the final project elements and aesthetic mitigation
features on a single site plan, and to eliminate the need to refer to
separate plans for different aspects of the facility.
(F)
Exemption for
net-metering registration facilities and certain transmission
facilities. There shall be a rebuttable
presumption that facilities eligible for the registration process of
Commission Rule 5.100 and upgrades to electric transmission
substations that do not result in an expansion of the footprint of
the existing substation do not require aesthetic mitigation and are
therefore exempt from the requirement to submit a proposed aesthetic
mitigation plan.
Section
5.805 Post-Construction Requirements
(A)
Implementation of final aesthetic mitigation plan.
The CPG holder shall fully implement the final
aesthetic mitigation plan as soon as reasonably possible, and in no
case more than 90 days following the completion of construction,
unless such timing would require implementation between October 15
and April 15, in which case the plan shall be fully implemented
within 30 days of the following April 15.
(B)
Certification
of completion. Within 30 days following the full
implementation of the final aesthetic mitigation plan, the CPG holder
shall submit to the Commission and all parties in the proceeding in
which the CPG was granted a certification that all work has been
fully implemented in a manner consistent with the approved plan. This
certification shall include the completion of construction date as
well as the date of interconnection and shall be supported by an
affidavit and dated photographs of the installed mitigation measures.
If construction of the facility components and/or aesthetic
mitigation has deviated from the design of the facility as approved,
the CPG holder shall also file for Commission review and approval a
revised final mitigation plan. Submission of a revised final
mitigation plan shall not relieve a CPG holder from its obligation to
request an amendment to the CPG for a substantial change.
(C)
Compliance. The Commission may
conduct further process as needed to ensure compliance with the final
aesthetic mitigation plan or revised final aesthetic mitigation plan.
As part of such process, the Commission may, on its own motion or at
the request of a party, municipality, or member of the public,
conduct a site visit and/or require additional filings to verify
compliance. Any request for a site visit must be supported by an
explanation of why such a visit is necessary. In addition, the
Commission may refer complaints related to compliance with a final
aesthetic mitigation plan or a final revised aesthetic mitigation
plan to the Department of Public Service for investigation and
enforcement pursuant to
30 V.S.A. §§
2(h) and
30(h).
(D)
Inspections
by CPG holder. For a period of three years, the
CPG holder shall conduct an annual inspection of the facility to
determine the health, vigor, and continued effectiveness of the
mitigation. The CPG holder shall file with the Commission and parties
an annual certification documenting the results of the inspection and
any corrective actions taken. Certifications required under this
paragraph shall be submitted by the dates one, two, and three years
following the submission of the certification of completion required
by Paragraph (B) above.
(E)
Ongoing
maintenance of mitigation measures. The CPG
holder shall maintain mitigation measures contained in the final
aesthetics mitigation plan or revised final aesthetics mitigation
plan for the life of the facility as those measures are depicted on
the plan.
(F) The
Commission will incorporate the requirements of this Section as
conditions of CPGs issued pursuant to Section
248,
as applicable.
Section
5.806 Waiver of Rule Requirements
The Commission
may, for good cause, grant exceptions in particular cases to any
provision of this rule.
STATUTORY AUTHORITY:
30 V.S.A. §
2(c);
30 V.S.A. §
3;
30
V.S.A. §
248