In re: Passumpsic River Hydroelectric Project (CVPS), Docket No. WQ-94-09 (Section 401 Certification), Dismissal Order (Nov. 4, 1997) State of Vermont WATER RESOURCES BOARD In re: Passumpsic River Hydroelectric Project (CVPS) Section 401 Certification Docket No. WQ-94-09 DISMISSAL ORDER On October 28, 1997, Appellant Vermont Natural Resources Council ("VNRC") filed with the Water Resources Board ("Board") a Joint Motion to Dismiss and Waiver of Findings of Fact and Conclusions of Law with respect to the above-captioned appeal. This Motion was jointly sponsored by the other parties to this proceeding, Central Vermont Public Service Corporation ("CVPS"), the owner/operator of the subject hydroelectric facilities, and the Agency of Natural Resources, State of Vermont ("ANR"). The parties also waived the seven-day notice requirement of Rule 20 of the Board's Rules of Procedure. See Rule 6, Board's Rules of Procedure. On October 29, 1997, all parties to the appeal were notified that the Board would consider the Motion on an expedited basis, without oral argument, at the Board's November 4, 1997, meeting in Isle La Motte. The Board deliberated with respect to this matter at its meeting on November 4, 1997. The Board determined that VNRC's appeal should be dismissed so that the effect of the Board's ruling is to leave in full force and effect ANR's Section 401 certifications, dated June 16, 1994. The Board also granted the parties' waiver of findings of fact and conclusions of law pursuant to Board Rule 6 and 21. Therefore, it is hereby ordered that the above-captioned appeal is dismissed. Dated at Isle La Motte, Vermont, this 4th day of November, 1997. Vermont Water Resources Board by its Chair \s\ William Boyd Davies Concurring: William Boyd Davies Ruth Einstein Gerry Gossens Gail Osherenko Jane Potvin