The six-month grace period established by the Vermont Public Utility Commission (“Commission”) is coming to an end on March 13, 2025.  The grace period is intended to allow Section 248 Certificate of Public Good (“CPG”) holders to address overdue compliance filings without incurring penalties.[1]
This presents a unique and valuable opportunity for those entities with CPGs to fulfill any outstanding compliance filing obligations without penalty. In addition, the Commission has specifically stated that it will levy heavier fines for outstanding compliance filings following the grace period.  We note that the grace period only applies to compliance filing obligations and does not apply to other violations of a CPG. 

Key Points:

• Who is affected? Entities with overdue compliance filings required under a permit or other approval issued by the Commission, such as a CPG for an electric generation and storage facility.  For net-metering projects, CPG holders or installers of net-metering projects, or the attorney of record should have received a notice of any overdue compliance obligations from the Commission.

• What’s required? Depending on the case, outstanding compliance filings may include:
• Filing notice of intent to construct or operate a project.
• Filing municipal notice forms with proof of recording.
• Updating financial securities or cost estimates in connection with decommissioning funds.
• Certifying completed aesthetic mitigation installations and inspections. The Commission has provided templates for these filings under Commission Rule 5.800.

• Why comply now? The Commission does not typically offer this type of grace period to come into compliance, and CPG Holders should take advantage of it.  Furthermore, after the grace period ends, the consequences are likely to be much harsher for projects that had the opportunity to make overdue filings and opted not to.  The Commission will determine which cases still have overdue compliance filings, impose strict penalties for noncompliance, and publish a public list of noncompliant entities — including their installer/developer and attorney of record.

Our team at SRH Law is here to help you navigate these requirements. If you need assistance reviewing your compliance obligations or preparing filings, please contact us today.