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PURA Files Decision In Consideration Of Civil Penalty And Enforcement Action Against Electric Distribution Companies After Storm Isaias Investigation
From Decision:
[ *** ] The Public Utilities Regulatory Authority (Authority or PURA) recalculates the penalty assessed to The United Illuminating Company (UI or Company) in the July 14, 2021 Final Decision in this docket (2021 Decision) for accident reporting violations.
On July 14, 2021, the Authority ordered UI to pay a penalty of $61,000 for 122 days of reporting violations. 2021 Decision, p. 19. The Company filed an administrative appeal of the 2021 Decision. In resolving the appeal, the Connecticut Supreme Court held that “PURA’s interpretation of the statute . . . is a plausible one,” but concluded that General Statutes (Rev. to 2019) § 16-16 was ambiguous. United Illuminating Co. v. Public Utilities Regulatory Authority, __ Conn. __, 2024 WL 4611170, at *10 (2024). Accordingly, the court “look[ed] to the legislative history and the underlying purposes of the legislative scheme. See General Statutes § 1-2z.” Id. The Supreme Court held that, pursuant to General Statutes (Rev. to 2019) § 16-16, each monthly failure to timely report a minor accident [was] a single, distinct offense for purposes of § 16-41. On the facts of this case, therefore, [UI] committed three distinct offenses with respect to its failure to report a minor accident in Hamden and two distinct offenses with respect to its failure to report a minor accident in Woodbridge. . . . On remand, PURA is directed to recalculate the fines consistent with this understanding of the statutory and regulatory scheme.
United Illuminating Co., 2024 WL 4611170, at *11.
The Authority may prescribe civil penalties for accident reporting violations of not more than five hundred dollars ($500) for each offense. General Statutes (Rev. to 2019) § 16-16. UI committed a total of five distinct offenses. As a result, the Authority prescribes a fine of two thousand five hundred dollars ($2,500) for violations of accident reporting requirements.
Consequently, Order No. 7 of the 2021 Decision is modified as follows:
[ *** ] UI shall pay the penalty of two thousand five hundred dollars ($2,500) for accident reporting violations to Operation Fuel, Inc., to provide financial assistance to customers experiencing difficulties. Such payment shall be made via electronic transfer no later than 20 days from the date of receipt of this Decision, and UI shall send notice of the pending transfer via email to Operation Fuel’s Finance Department, finance@operationfuel.org, Policy and Public Affairs Associate, Mike Turaj, mike@operationfuel.org, and Chief Programs and Policy Officer, Gannon Long, gannon@operationfuel.org. The email notification shall include the Docket Number from this proceeding. The entire penalty is assessed due to a violation of law and not for purposes of remediation or restitution. Therefore, the entire penalty amount is non-deductible for tax purposes. UI shall file documentation of such payment contemporaneously as a compliance filing in this docket. [ *** ]
Decision (12/11/2024)
20-08-03RE01 (08/14/2020)
(PURA Consideration Of Civil Penalty And Enforcement Action Against The Electric Distribution Companies After Storm Isaias Investigation)
