Legal Opinion

Petition of Dept. of Public Service

Supreme Court of Vermont

Decided October 22, 1993No. 90-043PublishedCited by 4 opinions

1Opinion of the CourtMorse, J.

White Oak Water Power, a small power producer, appeals from an order of the Public Service Board rejecting White Oak’s claim that the Board failed to give sufficient notice of a rule providing for annual 10% decreases in the minimum rate that utilities pay small power producers. We affirm.

In 1981, the Board adopted General Order No. 65, which, based on an estimate of avoided costs of alternative energy, set the flat rate to be paid to small power producers during the following year at $.078 per kilowatt hour. The Order provided that the rate was subject to revision after one year, but that…

2Cases cited6 opinions

  1. Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1981
  2. American Federation of Labor and Congress of Industrial Organizations v. Raymond J. Donovan, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1985
  3. McCulloch Gas Processing Corp. v. Department of EnergyTemporary Emergency Court of Appeals · 1981
  4. Vermont Ass'n of Realtors, Inc. v. StateSupreme Court of Vermont · 1991
  5. In Re Investigation of November 15, 1990 Rate Design Filing of Vermont Power ExchangeSupreme Court of Vermont · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hunter v. StateSupreme Court of Vermont · 2004
  2. In Re Vermont Electric Power Producers, Inc.Supreme Court of Vermont · 1996
  3. Barnet Hydro Co. v. Public Service BoardSupreme Court of Vermont · 2002
  4. Opinion No., Arkansas Attorney General Reports1997

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