Retail Supplier Agrees To Not Seek To Serve Customers In State, At Any Time, Under Settlement

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