RESA: Interim Connecticut Market Changes Wouldn't Have Force of Law

Interim changes to Connecticut's retail electric market rules and consumer protections contained in a draft order would not have the force of law, the Retail Energy Supply Association noted in exception

Click here for prior story on proposed changes in Connecticut draft order, which include mailed notice of price changes and limits on certain products

RESA noted that the interim draft purports to set forth requirements applicable to all electric suppliers.

"However, because these requirements were not promulgated in accordance with the requirements of the Uniform Administrative Procedures Act ('UAPA') for the development of regulations, they do not have any legal effect and are not enforceable. Thus, the decision should recognize that the identified practices are informal guidelines, that may not be applied as substantive rules and that compliance with those guidelines will be voluntary," RESA said.

"Despite the voluntary nature of the guidelines, RESA anticipates that many suppliers will comply with the practices contained therein. However, because the directives are not enforceable, RESA also anticipates that there may be other suppliers who will not. As a result, those who do comply will be put at a competitive disadvantage as a result of the added time and expense incurred to do so. While RESA understands the Authority's desire to act quickly, to level playing the field and to [] ensure no one has an unfair competitive advantage, RESA supports the Authority undertaking a rulemaking process that formally promulgates clear, enforceable rules applicable to all electric suppliers. In the meantime, the Authority should recognize the legal effect of its directives in the interim final decision," RESA said.