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Regulator Formally Open Proceeding To Determine If Retail Suppliers' Fixed-Price Changes Due To Various ISO Charges Are Deceptive

February 22, 2019

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Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Public Utilities Regulatory Authority has formally established a docket (19-02-13), pursuant to the General Statutes of Connecticut §§ 4-176a, 16-245, 16-245o, 16-245t, 16-245u, and 42-110b, "to determine if suppliers’ practices of altering the terms of a fixed-price contract based on changes to the ISO New England Demand Report and Pay for Performance implementation, as well as changes to its processes regarding Integrating Markets and State Public Policies and Competitive Auctions with Sponsored Policy Resources, constitute unfair and deceptive trade practices."

The proceeding is captioned as "Declaratory Ruling Regarding Licensed Electric Supplier Practices Of Altering The Prices In Fixed-Price Contracts."

The intent of PURA to open such docket had been exclusively first reported by EnergyChoiceMatters.com (see story here)

As previously reported, Connecticut PURA Staff had submitted a request for PURA, on its own motion, to open a docket for a declaratory ruling regarding electric supplier practices of altering the prices in fixed-price contracts

A memo accompanying the prior Staff request for the docket stated, "The Public Utilities Regulatory Authority (Authority) has received complaints regarding the price of fixed-price supplier contracts with businesses increasing within the term of the contract. Suppliers have alleged a recent change in law triggers the change in law provisions of their contracts and allows them to alter the fixed price. The Authority has reason to believe the suppliers’ actions constitute unfair and deceptive trade practices, and therefore revision of the contract violates Conn. Gen. Stat. §§16-245, 16-245o, 16-245u, and 42-110b."

"Based on the foregoing and pursuant to Conn. Gen. Stat. §§ 16-245, 16-245o, 16-245t, 16-245u, and 42-110b, a docket should be opened to issue a declaratory ruling pursuant to Conn. Gen. Stat. § 4-176a to determine if suppliers’ practices of altering the terms of a fixed-price contract based on changes to the ISO New England Demand Report and Pay for Performance, as well as changes to its processes regarding Integrating Markets and State Public Policies and Competitive Auctions with Sponsored Policy Resources, constitute unfair and deceptive trade practices," the memo accompanying the prior Staff request had stated

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