PETITION OF DEPARTMENT OF PUBLIC SERVICE

No. 88-266.

596 A.2d 1303 (1991)

Petition of DEPARTMENT OF PUBLIC SERVICE for Relief in Regard to Small Power Production Under PSB Rule 4.100.

Supreme Court of Vermont.

June 28, 1991.


Attorney(s) appearing for the Case

Abell, Kenlan, Schwiebert & Hall, P.C., Rutland, for appellant.

Paterson & Walke, P.C., Montpelier, for appellee Green Mountain Power Corp.

Robert V. Simpson, Jr., Special Counsel, and James Volz, Director for Public Advocacy, Montpelier, for appellee Dept. of Public Service.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


DOOLEY, Justice.

Appellant Ryegate is a small power producer seeking to overturn a decision of the Public Service Board (PSB) denying it rates set forth in an executed letter of intent with the Vermont Power Exchange, Inc. (VPX). We affirm.

Ryegate is the successor-in-interest to Decker Energy International, Inc. On December 30, 1985, Decker entered into a letter of intent to sell to VPX power Decker would produce at a facility to be built in Randolph. The...

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