In re Vicon Recovery Systems

In In re Vicon Recovery Systems, 153 Vt. 539, 572 A.2d 1355 (1990), the parties argued that the Public Service Board (PSB) was preempted from regulating a contract concerning power generation rates because of the federal Public Utility Regulatory Policies Act of 1978 (PURPA). Although PURPA regulates rates for power generation, there was nothing in the act to prevent utilities from agreeing to a rate different from what would otherwise be required by the federal law. Id. at 544, 572 A.2d at 1358. The Court held that the PSB was not preempted from regulating the contract (i.e. the agreed upon rate), because the exercise of state authority did not conflict with federal law, which "specifically declined to regulate the rate . . . at issue." Id. at 544, 547, 572 A.2d at 1358-59.