Mitigation and Decommissioning

Seeking to preserve the state's natural beauty and important ecological systems, the Vermont Public Utility Commission has adopted a new rule governing the decommissioning of large energy installations.

Under the updated rule, owners of most large electric generation, electric transmission, and natural gas transmission facilities will be required to promptly remove the plant once it is no longer in service. In addition, large merchant-owned facilities will be required to provide a financial guarantee that the commission may rely upon in the event they fail to meet their decommissioning obligation.

The commission also promulgated a second rule, which addresses aesthetic mitigation requirements. That rule directs facility owners to include in their construction applications a full description of planned mitigation measures through which to shield surrounding areas from any adverse visual impacts. Vegetative screening is a prime example of such a measure, the commission said. The rule requires that any such screens be installed promptly.

The commission averred that taken together, the two new regulations will serve to minimize possible long-term, negative effects from the construction of electric and natural gas plant. The commission found that the two new rules establish clear standards requiring facility owners to maintain any required aesthetic mitigation measures for the life of a project and to provide assured funding for thorough and timely decommissioning and removal of facilities that are no longer used and useful in service.