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Regulator Will Continue To Review Whether All Retail Supplier Contracts Should Be Subject To Price Caps

July 17, 2024

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Copyright 2024 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The question of whether the Connecticut PURA has authority to impose price caps on all retail electric supplier contracts, and whether any such caps should be adopted, will continue to be reviewed by PURA, as PURA updated the process to implement Public Act 23-102

As first reported by EnergyChoiceMatters.com, Public Act 23-102 provides that PURA, "may initiate a docket to order all customer contracts with electric suppliers, entered into on and after a determined date, to comply with appropriate limitations the authority deems necessary."

While this provision is part of Conn. Gen. Stat. § 16-245o(m), which otherwise addresses the treatment of hardship customers with respect to competitive retail supply, whether the "appropriate limitations" language, and PURA's authority to establish such limits, applies to only hardship customers, or all electricity contracts, is an open question that has been debated by stakeholders and not yet addressed by PURA

Retail suppliers have generally argued that the "appropriate limitations" language only applies to hardship customers, and not all residential customers. As previously reported, PURA in 2023 declined to issue a declaratory ruling to that effect, noting that the agency had opened a proceeding (18-06-02RE02) to address the language of Conn. Gen. Stat. § 16-245o(m)

PURA has now provided an update to the process under Docket 18-06-02RE02 for addressing implementation of Conn. Gen. Stat. § 16-245o(m)

PURA noted that, through an April interim decision, it has already implemented the first two sentences of Conn. Gen. Stat. § 16-245o(m). Generally, these sentences granted hardship and similar situated customers the right to shop for a competitive retail supplier, but provided that all contracts for rates effective on and after January 1, 2024 shall be at or below the standard service rate for the duration of the contracts. See more details on this interim decision here

PURA has now stated that it will conduct the remainder of the proceeding in two phases (with Phase 1 having already addressed hardship customer shopping as noted above)

PURA said that, in Phase 2, the Authority, "will investigate appropriate limitations with which customer contracts between financial hardship customers and electric suppliers are to comply."

Phase 3 is to address whether "appropriate limitations" should apply to all customer contracts with retail suppliers, and whether the statute grants PURA the authority to adopt such limitations

"[I]n Phase 3, the Authority will consider appropriate limitations with which all customer contracts with electric suppliers are to comply and whether General Statutes § 16-245o(m) permits such appropriate limitations," PURA said

Docket 18-06-02RE02

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