Regulator Issues Notice Of Violation To Retail Supplier

July 10, 2019

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Reporting by Paul Ring • ring@energychoicematters.com

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The Connecticut Public Utilities Regulatory Authority issued a Notice of Violation (NOV) and Assessment of Civil Penalty against Clearview Electric, Inc. (Clearview or Company) under which PURA would impose a civil penalty of $9,000 on the Company for alleged deficiencies in complying with historical variable rate (HVR) filing requirements

The Notice of Violation does not represent final agency action, and Clearview may request a hearing to contest the Notice.

In the NOV, PURA noted that Conn. Gen. Stat. § 16-245(g), provides in pertinent part: "As conditions of continued licensure, in addition to the requirements of subsection (c) of this section:…(12) the licensee shall make available to the authority for posting on the authority's Internet web site and shall list on the licensee's own Internet web site, on a monthly basis, the highest and lowest electric generation service rate charged by the licensee as part of a variable rate offer in each of the preceding twelve months to any customer with a peak demand of less than fifty kilowatts, cumulated of all such customer’s meters, during a 12-month period..."

In the NOV, PURA alleged, "On multiple occasions Clearview has failed to file this statutorily mandated historical variable rate (HVR) report with the Authority. In addition, the Company has on multiple occasions submitted HVR reports with inaccurate rate information."

In the NOV, PURA alleged, "the Authority has reason to believe that Clearview failed to comply with the provisions of Conn. Gen. Stat. § 16-245(g) when it did not file monthly HVR reports in September 2015; June and July 2016; September 2017; and February, March and April 2019. Moreover, the Authority has reason to believe that Clearview filed inaccurate HVR reports in December 2015, and May, June and July 2019."

In the NOV, PURA cited past compliance actions taken against the Company related to other issues, and stated, "The Authority also notes Clearview’s repeated failure to timely file HVR reports or accurate HVR data despite indicating in 2015 that it was placing a quality assurance plan in place to ensure such violations did not continue. These failures are especially flagrant when weighed against the emails and correspondence PURA shared with the Company over these issues. The Authority also takes note of Clearview’s lack of basic compliance obligations, its disregard of statutory mandates, and its apparent failure to establish preventative quality assurance measures."

In the NOV, PURA cited 12 violations related to HVR compliance, citing unfiled reports or data inconsistency, and the NOV would assess a $750 penalty per violation

Docket 07-08-17RE02

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