§ 3. Public Utility Commission

(a) The Vermont Public Utility Commission shall consist of a chair and two members. The Chair and each member shall not be required to be admitted to the practice of law in this State.

(b) The Chair shall be nominated, appointed, and confirmed in the manner of a Superior judge.

(c) Members of the Commission other than the Chair shall be appointed in accordance with this subsection. Whenever a vacancy occurs, public announcement of the vacancy shall be made. The Governor shall submit at least five names of potential nominees to the Judicial Nominating Board for review. The Judicial Nominating Board shall review the candidates in respect to judicial criteria and standards only and shall recommend to the Governor those candidates the Board considers qualified. The Governor shall make the appointment from the list of qualified candidates. The appointment shall be subject to the consent of the Senate.

(d) The term of each member shall be six years. Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated. A member wishing to succeed himself or herself in office may seek reappointment under the terms of this section.

(e) Notwithstanding 3 V.S.A. § 2004, or any other provision of law, members of the Commission may be removed only for cause. When a Commission member who hears all or a substantial part of a case retires from office before such case is completed, he or she shall remain a member of the Commission for the purpose of concluding and deciding such case, and signing the findings, orders, decrees, and judgments therein. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken. For such service, he or she shall receive a reasonable compensation to be fixed by the remaining members of the Commission and necessary expenses while on official business.

(f) A case shall be deemed completed when the Commission enters a final order therein even though such order is appealed to the Supreme Court and the case remanded by that Court to the Commission. Upon remand the Commission then in office may in its discretion consider relevant evidence including any part of the transcript of testimony in the proceedings prior to appeal.

(g) The Chair shall have general charge of the offices and employees of the Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), (c), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 3, eff. Feb. 1, 1981; 1985, No. 108 (Adj. Sess.), § 3, eff. March 25, 1986; 1993, No. 21, § 1, eff. May 12, 1993; 2017, No. 53, § 9.)