A party to a cause who feels aggrieved by the final order, judgment, or decree of
the Commission may appeal to the Supreme Court. However, the Commission, in its discretion
and before final judgment, may permit an appeal to be taken by any party to the Supreme
Court for determination of questions of law in the manner as the Supreme Court may
by rule provide for appeals before final judgment from a Superior Court. Notwithstanding
the provisions of the Vermont Rules of Civil Procedure or the Vermont Rules of Appellate
Procedure, neither the time for filing a notice of appeal nor the filing of a notice
of appeal, as provided shall operate as a stay of enforcement of an order of the Commission
unless the Commission or the Supreme Court grants a stay under the provisions of section
14 of this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 205, § 1; 1971, No. 242 (Adj. Sess.); 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 188; 2023, No. 85 (Adj. Sess.), § 339, eff. July 1, 2024.)
Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 733 F.3d 393 (2d Cir. 2013). · cites it 4ד16 Vt. Stat. Ann. tit. 30, § 12 . No such review mechanism would exist for the Vermont Legislature’s 17 decision not to approve additional spent nuclear fuel storage space.”
Town of Springfield, Vermont v. McCarren, 549 F. Supp. 1134 (D. Vt. 1982). “, supra, the Supreme Court unanimously rejected the argument of the Public Service Board’s predecessor that until the complainant “had taken the appeal from the order [of the Public Service Commission] to the Supreme Court of the State that is provided by [the predecessor…”
Barnet Hydro Co. v. Pub. Serv. Bd., 807 A.2d 347 (Vt. 2002). “30 V.S.A. § 12. In view of this broad language, and the protection for litigants afforded by the right to appeal to this Court, we see no limitation on the power of the PSB to consider the validity of its own PURPA rules in the course of a regulatory adjudication, other than a…”
In re Application of Beach Props., Inc., 2015 VT 130 (Vt. 2015). “We need not, accordingly, directly address BHC’s argument for lack of standing based on 30 V.S.A. § 12, which provides that “[a] pmty to a cause who feels aggrieved by the final order, judgment, or decree of the Board may appeal to the Supreme Court,” as well as 30 V.”
City of So. Burlington v. Vermont Elec. Power Co., Inc., 344 A.2d 19 (Vt. 1975). “Smith involved an agency appeal procedure enacted as part of a general statutory scheme. The appeal in question was a clear and mandated administrative remedy, a quality which we do not feel is shared by the purely optional alternative of resort to declaratory judgment.”
Petition of Allied Power & Light Co., 326 A.2d 160 (Vt. 1974). “30 V.S.A. § 12. The function of the Supreme Court, or a Justice of it, in passing upon a motion for a stay, is not to second-guess the Board, but to act in opposition only when the action of the Board cannot be supported, or in cases where intervening events call into question…”
In Re Burlington Elec. Dep't, 450 A.2d 1131 (Vt. 1982). “The City of Winooski (Winooski) appeals a Public Service Board (Board) order awarding a certificate of public good for the construction of a 50-megawatt wood-fired electric generating plant by its neighbor, the City of Burlington (Burlington), pursuant to 30 V.S.A. § 12. The…”
Petition of Green Mountain Power Corp., 329 A.2d 372 (Vt. 1974). · cites it 2דSince the Public Service Board refused *108 to grant an interlocutory appeal in this case under 30 V.S.A. § 12, the first issue is the jurisdiction of this Court to hear the matter.”
Moore v. Gilbert, 321 A.2d 13 (Vt. 1974). · cites it 2ד30 V.S.A. § 12 provides: A party to a cause who feels himself aggrieved by the final order, judgment or decree of the board may appeal to the supreme court.”
Petition of Vermont Welfare Rights Org., 326 A.2d 828 (Vt. 1974). · cites it 2דThe New England Telephone & Telegraph Company, a utility affected by the Order which has unsuccessfully sought a stay of the Order by the Board, appeals here under 30 V.S.A. § 12 and 3 V.S.A. § 815(a) requesting this Court to hold the Order null and void.”
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