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IN RE VERMONT POWER EXCHANGE

No. 91-234.

617 A.2d 418 (1992)

In re INVESTIGATION OF NOVEMBER 15, 1990 RATE DESIGN FILING OF VERMONT POWER EXCHANGE.

Supreme Court of Vermont.

September 4, 1992.

Attorney(s) appearing for the Case

Donald L. Rushford, Gen. Counsel, and Kimberly K. Hayden of Ryan Smith & Carbine, Ltd., Rutland, for appellant.

Michael Marks of Lisman & Lisman, Burlington, for appellee Vermont Power Exchange.

George E. Young, Sp. Counsel, Montpelier, for appellee Dept. of Public Service.

Before ALLEN, C.J., GIBSON, DOOLEY and MORSE, JJ., and PECK, J. (Ret.), Specially Assigned.

DOOLEY, Justice.

Central Vermont Public Service Corporation (CVPS) appeals from an order of the Vermont Public Service Board (PSB) that part of the costs of operation of Vermont Power Exchange, Inc. (VPX), the state's purchasing agent for power delivered by small power producers pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. § 824a-3, must be borne by the regulated electric utilities in Vermont. CVPS argues that the order was...

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