NEW BRITAIN, CT – Today, Consumer Counsel Claire Coleman applauded the New Britain Superior Court's ruling to uphold the Public Utilities Regulatory Authority's ("PURA") decision in the 2022 United Illuminating ("UI") rate case in which the Orange-based electric distribution company sought an increase of $131 million and PURA's Final Decision slashed the request based on a lack of company supported evidence, granting an increase of $23 million. Subsequently, UI appealed the Final Decision in Docket No. 22-08-08 to the New Britain Superior Court in October 2023 causing the Office of Consumer Counsel to intervene in the proceeding on behalf of consumers.
“While UI has attempted to minimize the shortcomings of their rate increase request, the ruling affirms that PURA’s decision was a fair result based on the evidence, or lack thereof, in the record. Despite what our utility company representatives would have you believe, ever-increasing distribution rate requests contribute to Connecticut’s high electric costs and need to be scrutinized under the full extent the law allows. We expect the company will exercise their right to appeal this decision, but my team and I stand ready to combat ongoing efforts to weaken Connecticut’s regulatory framework," said Consumer Counsel Coleman.
Following PURA’s August 2023 Final Decision, UI appealed core elements, including its allowed revenue requirement and return of equity (“ROE”) determinations. OCC intervened to preserve the Final Decision’s substantial rate benefits to customers – savings of $108 million over the next three years including profit reductions due to the company’s performance and management deficiencies – as well as to defend important regulatory principles that are designed to protect consumers.
During the appeal, the OCC argued that the rate plan PURA approved was not only just and reasonable, but that UI failed to meet the heavy burden of proof standard that the company is responsible for demonstrating. The Superior Court decision determined that UI’s legal complaint was not “a model of clarity” and that the company’s allegations do not “clearly link those alleged facts and legal principles to a clearly stated legal claim or cause of action.”
The Superior Court decision did agree with UI on two minor aspects of their application related to cost recovery of industry dues and a cost-of-service study (“ACOSS”) performed by the company. On these issues, the Court directed PURA to reexamine the record and issue a new determination.
More information and the Superior Court decision can be found here, PURA's Final Decision here, and OCC's supporting brief here and here.
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CONTACT:
Brooke Parker
Communications & Legislative Program Manager
brooke.parker@ct.gov
About the Office: The Office of Consumer Counsel (OCC) is an independent state agency that represents the interests of consumers of Connecticut’s electric, natural gas, telecommunications, and private water companies before PURA, federal regulatory agencies, the legislature and courts. OCC’s team of attorneys, accountants, financial and policy analysts appear before PURA to argue for the most reasonable rates while expecting the best utility service possible for all customers.