ORDER DENYING TEMPORARY RESTRAINING ORDER AND NOTICE OF by bxb46441

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									                                    STATE OF VERMONT
                                   PUBLIC SERVICE BOARD



Docket No. 6775

Petition of Chandler Electric Company for           )
Injunctive and Other Relief Against Central         )
Vermont Public Service Corporation                  )


                                                        Order entered: 10/30/2002

                ORDER DENYING TEMPORARY RESTRAINING ORDER
              AND NOTICE OF HEARING ON PRELIMINARY INJUNCTION

                                        I. INTRODUCTION
        On October 29, 2002, Chandler Electric Company ("Chandler Electric") filed with the
Public Service Board (the "Board") a "Complaint and Petition for Emergency Injunctive Relief,"
and a "Temporary Restraining Order and Request for Sanctions," along with supporting
affidavits.
        In its Complaint and Petition for Injunctive Relief, Chandler Electric contends that
Central Vermont Public Service Corporation ("Central Vermont" or the "Company") has
inappropriately refused to energize an electrical service that Chandler Electric has installed for a
customer. Chandler Electric asserts that without electricity, "water pipes can freeze, poor
lighting can cause accidents, and should an alternative heating source fail . . . a person could
freeze to death." Chandler Electric further alleges that the work stoppage on this job is costing it
over $2000 per day. Chandler Electric asks that the Board order Central Vermont to energize
this service, require Central Vermont to reimburse Chandler Electric for damages, and grant
other relief as is fair or just.
        In its "[Request for] Temporary Restraining Order and Request for Sanctions," Chandler
Electric asserts that Central Vermont and its employees "degrade" Chandler Electric’s customers
by using derogatory terms to refer to the customers, that Central Vermont "displays extremely
Docket No. 6775                                                                             Page 2

hostile and violent behavior to [Chandler Electric] and to some of [Chandler Electric’s]
customers," and that Central Vermont has allowed its employees "to be verbally abusive and
combative" to Chandler Electric and its customers. Chandler Electric further alleges that when it
informs Central Vermont of work that Chandler Electric is performing, Central Vermont tells the
customers to do the work themselves. Chandler Electric also complains that Central Vermont
has told it of problems with work performed by Chandler Electric when, in fact, no problem
existed, thus requiring Chandler Electric to expend time and money to investigate the reported
problem. Chandler Electric asks that the Board grant the following relief:
        •    prohibit Central Vermont from contacting Chandler Electric’s customers without
             Chandler Electric’s permission;
        •    prohibit Central Vermont employees from bringing weapons to a job site;
        •    prohibit Central Vermont from degrading Chandler Electric’s customers and using
             derogatory terms to refer to them;
        •    prohibit Central Vermont from falsely reporting problems to Chandler Electric;
        •    prohibit Central Vermont from making demands regarding privately-owned property;
             and
        •    such other relief as is fair or just.
        On October 30, 2002, Central Vermont filed a "Memorandum in Opposition to Chandler
Electric Company's Petition for Emergency Injunctive Relief," with a supporting affidavit. In its
Memorandum, Central Vermont contends that Chandler Electric's petition fails to meet the
standard for issuance of a temporary restraining order. Central Vermont further asserts that it has
acted in conformance with the provisions of its tariff governing line extensions, and that the
Company has not made abusive or harassing statements toward Chandler Electric or Chandler
Electric's customers.


                                         II. DISCUSSION
        Three types of injunctive relief are available under the Board's Rules: temporary
restraining orders; preliminary injunctions; and permanent injunctions.1 The Board can issue a




  1. Board Rule 2.406.
Docket No. 6775                                                                               Page 3

preliminary or permanent injunction only "after a hearing held upon legal notice."2 The Board
may issue a temporary restraining order without such notice as is otherwise required, but,
          only where it clearly appears from specific facts shown by the affidavits or the
          verified petition, and by testimony if required by the Board, that substantial
          immediate and irreparable injury, loss or damage, or danger to health and safety,
          will result to the petitioner before a hearing can be held upon proper notice.3
          We have carefully reviewed Chandler Electric's filings, and conclude that they do not
establish "that substantial immediate and irreparable injury, loss or damage, or danger to health
and safety, will result" before a properly noticed hearing can be held. Accordingly, we deny
Chandler Electric's requests for emergency injunctive relief and for a temporary restraining order.
          Pursuant to Board Rule 2.406(C), a petition for a temporary restraining order also
constitutes a petition for a preliminary and/or permanent injunction, regardless of whether it is so
designated. Accordingly, we set this matter for a prompt hearing on Chandler Electric's request
for a preliminary injunction. We appoint John Burke, Board Member, as Hearing Officer in this
matter.


                                             III. ORDER
          IT IS HEREBY ORDERED, ADJUDGED AND DECREED by the Public Service Board of the
State of Vermont that:
      1. Chandler Electric Company's requests for emergency injunctive relief and for a
temporary restraining order are denied.
      2. Pursuant to 30 V.S.A. Section 8, John Burke, Board Member, is appointed to serve as
the Hearing Officer in this proceeding.
      3. Pursuant to 30 V.S.A. Sections 8 and 10 and Public Service Board Rule 2.406, a hearing
on Chandler Electric Company's petition for a preliminary injunction will be held on Friday,
November 15, 2002, commencing at 10:00 A.M., at the Windham Superior Court, 7 Court Street,
Newfane, Vermont.



  2. Board Rules 2.406 (A)(2) and (A)(3).

  3. Board Rule 2.406 (B).
Docket No. 6775                                                                                                      Page 4

         Dated at Montpelier, Vermont, this 30th day of October, 2002.


                                                  s/Michael H. Dworkin                       )
                                                                                             )      PUBLIC SERVICE
                                                                                             )
                                                   s/David C. Coen                           )             BOARD
                                                                                             )
                                                                                             )        OF   VERMONT
                                                   s/John D. Burke                           )




OFFICE OF THE CLERK
FILED: October 30, 2002
ATTEST :        s/Judith C. Whitney
               Deputy Clerk of the Board


          N O T IC E TO R EADERS : This d ecision is subject to revision o f techn ical erro rs. Rea ders a re requested to
notify the Clerk of the Board (by e-mail, telephone, or in writing) of any apparent errors, in order that any
necessa ry correction s may be m ade. (E-m ail addre ss: Clerk@ psb.state.vt.us)

								
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