PETITION OF DEPT. OF PUBLIC SERVICE

No. 90-043.

632 A.2d 1373 (1993)

Petition of DEPARTMENT OF PUBLIC SERVICE RESPECTING APPLICATION OF GENERAL ORDER 65 AND RULE 4.100 TO SMALL POWER PROJECTS OF 100 KW OR LESS.

Supreme Court of Vermont.

October 22, 1993.


Attorney(s) appearing for the Case

S.R. Thanhauser, pro se, appellant.

Kenneth C. Picton, Rutland, for appellee Central Vermont Public Service Corp.

Geoffrey Commons, Sp. Counsel, for appellee Dept. of Public Service.

Present: ALLEN, C.J., and GIBSON, DOOLEY and MORSE, JJ.


MORSE, Justice.

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...

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