Regulator Sets Date For Proposed Report, Findings On Supplier Offers, Will Inform Investigation Of Conditioning Supplier Access To Utility Systems On Supplier Rates Not Being Overpriced Or Harmful

The Connecticut PURA directed that its Office of Education, Outreach, and Enforcement (EOE) file a proposed Investigative Report, for PURA's current investigation of supplier offers and access to utility systems pursuant to Conn. Gen. Stat. § 16-245(a), that summarizes the investigation and contains proposed findings of facts and conclusions of law resulting from the investigation of supplier offers conducted in Phase I of the proceeding.

Adopted in 2021, the revised Conn. Gen. Stat. § 16-245(a) provides that, "The Public Utilities Regulatory Authority shall have the authority to condition an electric supplier's license and access to the systems and billing of the electric distribution companies on terms the authority determines to be just and reasonable, including, but not limited to, proof that the electric supplier's products are not overpriced or harmful to residential customers."

PURA directed that EOE shall file the proposed Investigative Report on or before February 13, 2023

PURA indicated that, upon consideration of the proposed EOE report, PURA would then issue a draft Investigative Report. Parties would have an opportunity to file exceptions to the draft Investigative Report

PURA's direction came as it denied a motion from the Retail Energy Advancement League (REAL) which had sought to modify the procedural schedule to include a second discovery period, rebuttal testimony, and reply briefs under Phase I

PURA said the Phase I investigation is not a contested case, but rather that the investigation, "is being conducted under the Authority’s broad powers to monitor and investigate the retail electric market. See, e.g., Conn. Gen. Stat. §§ 16-245u and 16-245t."

"Title 16 expressly contemplates the Authority conducting investigations in uncontested proceedings and then, as warranted, commencing contested proceedings to impose appropriate sanctions, including civil penalties or license revocations, or to effectuate other relief," PURA said

As such, PURA said that REAL's proposed procedural steps are not required, nor does the Authority find the additional steps will further its investigation.

Docket No. 18-06-02RE01