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PUC tells Senate panel it favors a narrower statutory 'plant' definition to reduce litigation and preserve program caps
Summary
Public Utility Commission counsel told the Senate Natural Resources & Energy committee that a proposed Title 30 definition of 'plant' would treat facilities on the same or contiguous parcels that use the same generating technology as a single plant, with exceptions for residential net metering, multi‑owner residential metering and program caps (500 kW net metering; 2.2 MW standard offer). The definition aims to cut litigation and protect ratepayer‑funded incentives.
Seth Hoffman, general counsel to the Vermont Public Utility Commission, told the Senate Natural Resources & Energy committee March 19 that Act 38 of 2025 required the PUC to propose a clearer statutory definition of the term "plant" in Title 30. Hoffman said the commission opened a public proceeding, solicited multiple rounds of comments and held workshops before sending recommended language to the committees of jurisdiction.
The PUC’s proposed default standard would treat facilities as a single plant only when they are both (1) on the same or continuous parcels and (2) use the same electricity‑generating technology. Hoffman emphasized this is an AND test: both conditions must be met. He said this approach is intended to preserve the integrity of capped incentive programs rather than allowing developers to circumvent statutory program limits by…
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