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HomeFebruary 11, 2019

Another Regulator To Open Proceeding On Fixed-Price Pass-Throughs, Change In Law

Will Consider Declaratory Ruling Regulator Says, "Reason To Believe The Suppliers' Actions Constitute Unfair And Deceptive Trade Practices"

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Connecticut PURA Staff 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 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 stated

Docket Number: 19-02-13 has been assigned to such a proceeding

EnergyChoiceMatters.com had previously exclusively reported that certain suppliers were passing-through, on non-residential contracts, certain "ISO" charges. One supplier later withdrew the pass-throughs and elected not to pass such costs onto the customer

See our prior stories below

Retail Supplier Withdraws Rate Increase Under Regulatory Change Clause

Retail Supplier Details Costs Being Passed-Through To Certain C&I Customers Under Change In Law Provision

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