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IN RE PROGRAM. CHANGES TO STANDARD-OFFER

No. 13-308.

95 A.3d 999 (2014)

2014 VT 29

In re PROGRAMMATIC CHANGES TO THE STANDARD-OFFER PROGRAM and Investigation into the Establishment of Standard-Offer Prices under the Sustainably Priced Energy Enterprise Development (SPEED) Program.

Supreme Court of Vermont.

March 28, 2014.

Attorney(s) appearing for the Case

Wesley M. Lawrence of Theriault & Joslin, P.C., Montpelier, and Thomas Melone and Michael Melone of Allco Renewable Energy Limited, New York, New York, for Appellant Ecos Energy LLC.

Jeanne Elias , Special Counsel, Montpelier, for Appellee Department of Public Service.

Present: REIBER, C.J., DOOLEY, SKOGLUND, ROBINSON and CRAWFORD, JJ.

CRAWFORD, J.

¶ 1. Applicant Ecos Energy, LLC appeals from the Public Service Board's decision that its proposed solar power project does not qualify for a standard-offer power purchase contract under Vermont's Sustainably Priced Energy Enterprise Development (SPEED) program because it exceeds the statutory limit on generation capacity. We reverse.

¶ 2. The Legislature established the SPEED program in 2005 to promote development of renewable energy...

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