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Rosenthal Calls For ‘Fines, Penalties’ Following PURA Eversource Ruling

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Late Saturday afternoon, March 20, First Selectman Dan Rosenthal shared a draft decision from Connecticut’s Public Utilities Regulatory Authority (PURA) that validates the many complaints being made by ratepayers and municipal leaders who bore the brunt of Eversource’s slow and inconsistent response following Tropical Storm Isaias, which battered Newtown and the region on August 4, 2020.

The report’s summary articulates the findings of PURA officials, stating in part, “The Connecticut Light and Power Company d/b/a Eversource Energy failed to comply with applicable performance standards and the prudence standard for public service companies in its preparation for and response to Tropical Storm Isaias.

“Specifically,” the PURA document continues, “Eversource was not reasonable or prudent in managing its municipal liaison program, executing its Make Safe responsibilities, communicating critical information to its customers, or meeting its obligation to secure adequate resources in a timely manner to protect the public safety and to provide for the overall public interest.

Regarding the other state electric utility involved, United Illuminating, PURA went on to state that “While underwhelming in specific instances... UI preparation for and response to Tropical Storm Isaias was markedly better than that of Eversource, leading the Authority to conclude that UI generally met the standards of acceptable performance and prudency, with certain exceptions noted.”

The draft language prompted Rosenthal to call for fines and penalties on behalf of affected communities and ratepayers.

“It’s clear from [this] draft decision that PURA listened to the stories shared by our residents and the testimony offered by elected officials from all over the state,” the first selectman told The Newtown Bee. “Connecticut residents pay some of the highest electricity rates in the country and deserve a public utility that is responsive at all times and especially during the most critical events.”

Rosenthal said Eversource’s response to Storm Isaias was lacking on many levels and that PURA “appears to have emphatically agreed.”

“Hopefully, as the matter proceeds to the next phase, fines and penalties are pursued in holding Eversource to account so that our residents never experience again what they did last August,” he added “As I mentioned previously, this was never about the frontline Eversource workers, as they have always shown up and done their best; it was a management failure.”

Rosenthal said he appreciated the support from the Board of Selectmen and Legislative Council and Newtown’s counsel, Cohen and Wolf, in this effort and, most importantly, from residents. Late last August, selectmen and the Legislative Council unanimously authorized the town to participate in a shared legal brief related to Eversource’s power restoration response following Isaias.

That was followed by a request from Rosenthal for residents to submit storm experiences related to dealing with Eversource to PURA, which generated dozens of notes about difficulties the utility’s lagging response may have caused. Newtown joined with New Fairfield and Ridgefield, making all three communities parties to a PURA investigation of the electrical utility.

By joining with the other two neighboring communities, Rosenthal explained, the expense for retaining Cohen & Wolf was split evenly three ways, lessening the expense for taxpayers of the involved communities.

Regarding its conclusions, the PURA draft decision goes on to state, “Neither Eversource nor UI fully met the Authority’s or their respective customers’ reasonable expectations for managing a major storm event.

“Notably, the Authority’s investigation identified a substantial number of areas requiring correction or improvement by Eversource and UI,” the draft states. “Ratepayers across the State should expect, and are entitled to, a more transparent and solutions-oriented storm preparation and restoration response when such an event occurs again.”

PURA will require various enhancements to emergency response programs of the electric distribution companies (EDCs) so that both companies and the ratepayers of Connecticut are better situated to face future climate events similar to or more intense than Tropical Storm Isaias.

“Further, the Authority reiterates previous orders for the EDCs to develop a heightened state of readiness, and to ensure that adequate field and support resources are available to support emergency response actions by the onset of the storm and within the first 48 hours of a storm event to ensure the public safety.” The draft confirmed that PURA will consider and levy any appropriate fines and other penalties.

A hint of what might be coming in regard to the Eversource response came September 23, when PURA directed both Eversource and United Illuminating to take immediate steps to address three major concerns articulated by the three towns that had partnered on the legal action. PURA’s initial response to the towns’ collective motion for immediate and emergency relief directed:

*Both Eversource and UI to deploy make-safe crews in accordance with the annex protocols that were identified in the motion;

*The EDCs to implement their outage reporting systems as intended in their Emergency Response Plans; and

*The EDCs to implement their community liaison programs in accordance with their Emergency Response Plans.

In addition, Ball said, PURA directed the EDCs to have their designated town liaison communicate with every town emergency response manager prior to any storm. And as the communities requested, PURA directed the EDCs to hold a meeting with each town, the EDC liaison, and at least one member of its operations personnel.

Check The Newtown Bee or newtownbee.com as this story continues developing.

Tree crews work in front of the C.H. Booth Library in the days following Tropical Storm Isaias. On March 19, Connecticut’s Public Utilities Regulatory Authority (PURA) handed down a draft decision validating complaints made by ratepayers and municipal leaders against Eversource following the intense storm on August 4, 2020. For more than eight days, during the pandemic and a heat wave, hundreds of thousands of Connecticut residents, many in Newtown, were left without electricity. —Bee file photo
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