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For Immediate Release
July 14, 2009

Department files “Show Cause” Petition against FairPoint
Persistent problems continue to deeply impact Vermonters

Montpelier, Vermont – Today the Vermont Department of Public Service filed a “Show Cause” Petition with the Public Service Board, requesting an investigation to determine if FairPoint Communications is capable of continuing its telecommunications in the state.  At stake is the company’s “Certificate of Public Good”, or CPG – which is their license to conduct business as a regulated utility in the state.

In 2008, FairPoint Communications purchased Verizon’s land-based business territories in Maine, New Hampshire, and Vermont.  As a condition of the sale, FairPoint agreed to maintain customer service while improving reliability and increasing broadband build out.  Since the transaction, FairPoint has been unable to effectively manage the operations in any of the three states, resulting in tremendous problems for residential and business consumers.

“Today’s petition by the department is a necessary step to protect the interests of Vermonters,” said Stephen Wark, spokesman for the department of public service.  “Our objective is clear – to ensure FairPoint honors it’s commitments to Vermont consumers.  We are not willing to take a wait and see approach.  We have given FairPoint an opportunity to improve and it just hasn’t done enough” Wark said.

On Thursday, July 9th, FairPoint publicly released a report that was supposed to accurately summarize its situation, and provide a plan for remediation.  The report did neither.

“FairPoint released a report that was overly optimistic and incomplete; the report assumed only the best, and failed to provide a detailed plan on how it will get on track.  We are therefore compelled to seek other avenues to get the answers we need,” Wark said.

The request for a “Show Cause” investigation is intended to determine if the company is capable of recovering from its current situation and continuing to conduct business in the state.

• The DPS is seeking the services of a qualified contractor with demonstrated experience in residential building practices; energy codes; public outreach; and excellent written, verbal and organization skills to provide consulting services to update the Vermont Residential Building Energy Standard (RBES). Proposals are due by 4:00 P.M. on Tuesday, September 8, 2009. The Request for Proposals is available here.
• The Department of Public Service continues to work with various agencies and organizations to obtain federal stimulus funds for renewable energy and energy efficiency projects. There are no funds available at this time, but we anticipate the next several months will be busy and provide new opportunities for suitable projects. Read more>
• Public Oversight Panel Report  -  This is the report of the Public Oversight Panel created by Act No. 189 of the Vermont General Assembly, enacted in June 2008.  The purpose of this report is to provide information to the legislature in making its determination whether the Vermont Yankee plant should be authorized to operate in the State beyond the expiration of its current license on March 21, 2012. 
• Vermont Yankee – Act 160 Report to the Legislature This report presents the results of the studies commissioned by the Department of Public Service (“DPS”) concerning the proposed certificate of public good for the Vermont Yankee nuclear power station to allow operation of the station an additional 20 years.  The report covers a wide variety of topics relevant to the relicensing of Vermont Yankee, including topics that were identified by the DPS staff in consultation with other state Departments and through a public engagement process.  This report was prepared under contract with the Vermont Department of Public Service pursuant to Act 160 of the 2005-2006 session of the Vermont State Legislature. It is being provided to the Vermont Public Service Board and to Vermont’s Legislative Committees on Natural Resources and Energy, the House Committee on  Commerce, and the Senate Committee on Finance for their consideration of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.’s petition for a Certificate of Public Good (CPG) to operate the Vermont Yankee nuclear generating station for a period of 20 years beyond the upcoming March 21, 2012 expiration date of the existing CPG.  Codified at 30 V.S.A. § 254.
• The Department of Public Service released its public draft of the Comprehensive Energy Plan on May 27, 2008, which outlines the state’s efforts to provide affordable energy, environmental responsibility and ongoing reliability.
  
• This is a petition by Entergy Nuclear Vermont Yankee, LLC ("EVY"), and Entergy Nuclear Operations, Inc. ("ENO")(collectively with EVY, "Entergy VY"), for such approvals from this Board and the Vermont General Assembly as may be required to operate the Vermont Yankee Nuclear Power Station ("VY Station") after March 21, 2012. For more information, see Docket 7440
• VERMONT YANKEE FILINGS (FEBRUARY 21, 2008)
  Entergy has filed a petition and supporting documents for the reorganization of the Vermont Yankee Nuclear Power Facility as a Limited Liability Corporation. (LLC).
  • Petition
  • Wanda Curry Prefiled Testimony
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
• Vermont Electric Cooperative (VEC) along with the Vermont Department of Public Service commissioned Shaw Stone & Webster Management Consultants, Inc. to perform a Comprehensive Business Process and Audit.
• As part the first Public Service Board workshop for the investigation in Docket 7307, the Department of Public Service's consultant will provide a status of the current technology, an overview of the work plan, and the analytical methodology they will use to study the costs and benefits of advanced metering infrastructure. Further, informational needs to conduct the analysis will be outlined. A copy of the workshop presentation can be found here. Please direct any questions to TJ Poor.
• DPS has launched informational web pages on the Lamoille Transmission Upgrade Project.