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Retail Supplier Agrees To Not Seek To Serve Customers In State, At Any Time, Under Settlement
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Prosecutorial Staff (PRO) of the Connecticut PURA ("Authority") and Abest Power & Gas, LLC (Abest) have reached a settlement agreement to resolve Abest's renewable portfolio standard (RPS) alternative compliance payments owing from the 2014, 2015, 2016 and 2017 compliance years
As stated in the settlement, on September 28, 2016, the Authority issued a decision in Docket No. 15-09-18 {2014 RPS Decision), determining each electric supplier's and each electric distribution
company's compliance with the 2014 Renewable Portfolio Standards ("RPS") requirements, and
determined that Abest owed $1,315,678 in total alternative compliance payments ("ACPs") for
RPS compliance year 2014
As stated in the settlement, on November 8, 2017, the Authority issued a decision in Docket No. 16-07-20 ("2015 RPS Decision"), determining each electric supplier's and each electric distribution
company's compliance with the 2015 RPS requirements, and determined that Abest owed
$1,400,587 in total ACPs for RPS compliance year 2015
As stated in the settlement, on January 23, 2019, the Authority issued a decision in Docket No. 17-06-23 {"2016 RPS Decision"), determining each electric supplier's and each electric distribution company's compliance with the 2016 RPS requirements, and determined that Abest owed
$1,606,245 in total ACPs for RPS compliance year 2016
As stated in the settlement, on June 27, 2018, the Authority opened Docket No. 18-06-28 ("2017 RPS
Proceeding"), in order to determine each electric supplier's and each electric distribution
company's compliance with the 2017 RPS requirements, and while the Authority has not yet
issued a final decision, the settlement states that it is likely that it will determine that Abest owes approximately $238,000
in total ACPs for RPS compliance year 2017
As stated in the settlement, on November 28, 2016, the Authority issued a Notice of Violation and
Assessment of Civil Penalty ("2016 NOV") to Abest in an amount equal to five percent (5%) of
the required ACP for every month or part of a month that ACPs are made past the October 28,
2016 due date
As stated in the settlement, on December 16, 2016, Abest requested the appointment of prosecutorial
staff ("Original PRO") to facilitate settlement discussions, which the Authority granted on
December 27, 2016
As stated in the settlement, on May 26, 2017, Abest and Original PRO submitted a joint motion for
approval of a settlement agreement between Abest and Original PRO ("Original Settlement")
As stated in the settlement, on May 30, 2018, the Authority issued rulings on Motions No. 8 & 10 in
Docket No. 16-07-20, and Motions No. 8 & 11 in Docket No. 15-09-18, approving the Original
Settlement, with modifications, including but not limited to an accelerated repayment schedule
As stated in the settlement, on June 26, 2018, Abest rejected the modified settlement proposed by the
Authority
As stated in the settlement, on December 19, 2018, by decision in Docket No. 13-01-09, the Authority
revoked Abest's supplier license citing, inter alia, Abest's failure to comply with RPS
requirements and failure to pay the ACPs for 2014, 2015, and 2016
As stated in the settlement, on May 28, 2019, by correspondence posted in Dockets No. 13-01-09, 15-09-18, 16-07-20, and 17-06-23, the Authority informed Abest that it had fully drawn on Abest's
$25,000 letter of credit
The settlement provides that Abest shall pay sixty thousand dollars
($60,000) as follows: within thirty (30) days following the Authority's final decision
approving the settlement, Abest shall make twelve (12) monthly payments, each in the
amount of five thousand dollars ($5,000), without interest or penalties. "These payments
are voluntary and do not constitute restitution, civil penalty or disgorgement," the settlement states
The settlement provides that, "The Settling Patties agree that these payments are in addition to any funds received from
Abest's $25,000 line of credit, which the Authority has already fully drawn on, and Abest
will receive no offset, reduction, or otherwise be credited for any amounts drawn from
such line of credit."
The settlement provides that, "Abest agrees that it will not seek to serve Connecticut customers now, or
at any time in the future."
The settlement provides that the payments specified above
shall be in lieu of, and in full satisfaction of, the alleged violation and any civil penalties
listed in the NOVs and any ACP due or any penalties that were or otherwise could have
been assessed under a notice of violation for the 2014, 2015, 2016, and 2017 RPS
compliance years
Docket No. 17-06-23
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November 21, 2019
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Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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