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PUC Denies Utility's Request To Modify Default Service Process, But Says EDC Already Has Backstop Self-Supply Authority

November 23, 2022

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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The New Hampshire PUC denied a request from Public Service Company of New Hampshire (Eversource) to modify PSNH's default service process to provide that PSNH may self-supply, through ISO-NE market purchases, any unfilled default service tranches to the extent an RFP fails, and denied PSNH's proposal for a confidential technical session with the PUC and other state energy agencies to evaluate bids to PSNH's current RFP, for such agencies to provide input on "policy calls" with regards to how market reflective SOS prices should be in the current market environment (and weigh expected elevated bids versus a self-supply option)

See background on PSNH's request here

Concerning PSNH's proposed technical session with the PUC and the state's Department of Energy and consumer advocate, which PSNH had said could serve as a forum for regulators' input on decisions which may require policy calls in regard to how market-reflective default energy service should be, balanced against the interests of default service customers, the PUC said that any such meeting would be governed by RSA 91-A:1-a, VI, the state's "Right-to-Know Law." The Right-to-Know Law requires that all meetings of public bodies be open to the public.

While statute provides a list of matters which may be discussed in a nonpublic session, the PUC said that Eversource’s petition does not identify any applicable exemption to the public meeting requirement. "[T]he confidentiality of information to be discussed must be established in statute, and even then, is subject to a test balancing the private interest in non-disclosure against the public’s interest in disclosure ... The Commission is similarly unable to identify any exemption to the Right-to-Know law under which the proposed technical session could fall," the PUC said

As such, the PUC denied the sought technical session

With regards to PSNH's ability to self-supply any unfilled default service load, the PUC said, "We interpret the terms of RSA Chapter 374-F to already enable the Company to go to the ISO-New England market to directly purchase energy to serve its ES [default service] customers if conditions warrant."

"However, we strongly encourage Eversource to engage in a second 'lightning' RFP round in the event of a 'failed' first RFP process, as consistent with past practice," the PUC said

"We have confidence in the Company’s risk-analysis process presented at the prehearing conference and within the Petition, and in the Company’s expertise in making necessary decisions regarding bid evaluation and selection," the PUC said

The PUC also said that, "given the current market conditions, the pendency of the current RFP solicitation, and the ongoing Investigation regarding ES/Default Service matters in Docket No. IR 22-053, we do not find that it would be appropriate to divert from the current Eversource RFP/ES solicitation process at this time."

"If the Company continues to believe that changes should be made to its ES process, we encourage Eversource to seek such changes in the context of the ongoing Investigation of Energy Commodity Procurement, docketed in IR 22-053," the PUC said

Docket DE 22-021

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