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IN RE UPC VERMONT WIND, LLC

No. 07-456.

969 A.2d 144 (2009)

2009 VT 19

In re Amended Petition of UPC VERMONT WIND, LLC, for a Certificate of Public Good, Pursuant to 30 V.S.A. § 248, et al. (Ridge Protectors, Inc., Appellant).

Supreme Court of Vermont.

February 6, 2009.

Attorney(s) appearing for the Case

C. Daniel Hershenson of Hershenson, Carter, Scott & McGee, PC, Norwich, and Anthony Z. Roisman of National Legal Scholars Law Firm. P.C., Lyme, New Hampshire, for Appellant.

John J. Cotter, Montpelier, for Appellee Department of Public Service.

Ronald A. Shems, Andrew Raubvogel, Geoffrey H. Hand and Karen Tyler of Shems Dunkiel Kassel & Saunders PLLC, Burlington, for Appellee UPC Vermont Wind, LLC.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and GIBSON, J. (Ret.), Specially Assigned.

BURGESS, J.

¶ 1. In this appeal, we consider whether the Vermont Public Service Board erred in issuing a certificate of public good (CPG) to UPC Vermont Wind, LLC, for a wind generation facility in Sheffield, Vermont. Citizen action group Ridge Protectors, Inc. challenges the Board's evaluation of several statutory factors necessary to the issuance of a CPG. We reject Ridge's arguments and affirm the Board's decision.

¶ 2. Before turning to the merits...

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