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Planner says certified EEP can win 'substantial deference' in siting proceedings
Summary
Jeremy told the commission a certified Enhanced Energy Plan can provide towns with 'substantial deference' during Section 248 siting reviews before the Public Utility Commission, but members asked for examples and limits of that protection.
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During discussion about whether Tinmouth should pursue certification, Jeremy described a legal advantage that certified enhanced energy plans can convey in utility siting proceedings. "An enhanced energy plan showed up to provide this thing called substantial deference," he said, explaining that towns that have certified plans can receive greater legal weight in Section 248 reviews than towns that only receive 'due consideration.'
Commissioners asked for clarification about how much protection this actually provides and whether recent legislative changes altered that benefit. Jeremy advised the commission to ask specific, statute‑level questions of the Public Service Department or state representatives (Section 248 proceedings, not Act 250), and he offered to help craft questions and follow up by email before the next meeting.

