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Regulator Seeks To Require Municipal Aggregations To File Specific Start Date When Seeking Needed State Approval; Intent Is To Lower Default Service Prices

August 22, 2023

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Copyright 2010-23 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Massachusetts Department of Public Utilities has opened an investigation to (1) establish guidelines governing the filing requirements and the process by which the Department reviews and evaluates municipal aggregation plans, as well as the rules governing operation of a municipal aggregation program (Guidelines), and (2) set forth a template plan (Template Plan).

Notable among the proposed requirements are draft requirements related to establishing a fixed program launch date for opt-out aggregations, which the DPU said, "are designed to balance (1) the municipality’s need for flexibility in determining when to launch its program with (2) the impact on the risk borne by the suppliers of basic service associated with the uncertainty of load migration resulting from municipal aggregation program commencement."

"Given the increasing impact of the uncertainty municipal aggregation commencements are having on basic service rates and procurement, the Department finds that it is necessary to institute a requirement that each municipal aggregation plan determine its program launch date in advance to reduce the uncertainty of customer migration for basic service suppliers caused by municipal aggregation program commencements," the DPU said

"The Department finds that the designation of a program launch date should continue to rest with the municipality. Under the Department’s proposed requirement, a proposed municipal aggregation plan must include an intended launch date, assuming Department approval within specified timeframes. In the event the Department does not approve the municipal aggregation plan within the specified timeframe, the municipal aggregation will be able to update the proposed launch date," the DPU said

"After Department approval, however, if a municipality determines it will not launch its program on the designated date in its plan, the municipality must (1) notify the Department and the relevant electric distribution company, at least 60 days prior to the designated date, that it does not intend to launch on the selected date, and (2) propose a new launch date no sooner than six months after the original proposed date," the DPU said

"The inclusion of a fixed date in a municipality’s proposed plan is intended to provide basic service suppliers some advance notice and increased certainty regarding customer migration resulting from the launch of the municipal aggregation – and thereby minimize the risk of price increases for basic service – while preserving the flexibility of a municipality to designate the desired launch date for its aggregation program," the DPU said

"If the program will not launch on the date designated, municipal aggregation programs must launch within two years of the date of final Department approval of the municipality’s plan so long as the new launch date is at least six months after the original proposed date," the DPU said

D.P.U. 23-67

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